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Terms & Conditions
1. DEFINITIONS
1.1. "Seller" shall mean MPS Garage Pty. Ltd. and its successors and assigns.
1.2. "Buyer" shall mean the buyer or any person acting on behalf of and with the authority of the Buyer.
1.3. "Guarantor" means that person (or persons), or entity who
agrees herein to be liable for the debts of the Buyer on a principal
debtor basis. "Goods" shall mean Goods supplied by the Seller to the
Buyer (and where the context so permits shall include any supply of
services as hereinafter defined).
1.4. "Services" shall mean all services supplied by the Seller
to the Buyer and includes any advice or recommendations (and where the
context so permits shall include any supply of Goods as defined above)
1.5. "Price" shall mean the cost of the Goods as agreed between
the Seller and the Buyer subject to clause 4 of this contract.
2. ACCEPTANCE
2.1. Any instructions received by the Seller from the Buyer for
the supply of Goods and/or the Buyer's acceptance of Goods supplied by
the Seller shall constitute acceptance of the terms and conditions
contained herein.
2.2. Where more than one Buyer has entered into this agreement,
the Buyers shall be jointly and severally liable for all payments of
the price. Upon acceptance of these terms and conditions by the Buyer
the terms and conditions are irrevocable and can only be rescinded in
accordance with these terms and conditions or with the written consent
of the manager of the Seller.
2.3. None of the Seller's agents or representatives are
authorised to make any representations, statements, conditions or
agreements not expressed by the manager of the Seller in writing nor is
the Seller bound by any such unauthorised statements.
2.4. The Buyer undertakes to give the Seller not less than
fourteen (14) days prior written notice of any proposed change in the
Buyer's name and/or any other change in the Buyer's details (including
but not limited to, changes in the Buyer's address, facsimile number,
or business practice).
3. GOODS
3.1. The Goods are as described on the invoices, quotation, work
authorisation or any other work commencement forms as provided by the
Seller to the Buyer.
3.2. The minimum order value and the minimum order quantity
per line item that Seller will accept are indicated in Seller's price
lists or schedules as current from time to time.
3.3. Where quantities are ordered which constitute broken
pack sizes, those quantities may be increased to the closest or next
highest unbroken pack size.
4. PRICE AND PAYMENT
4.1. Seller reserves the right to alter prices without notice.
4.2. At the Seller's sole discretion the Price shall be either;
4.2.1. as indicated on invoices provided by the Seller to the Buyer in respect of Goods supplied; or
4.2.2. the Seller's current Price,at the date of delivery of the Goods,according to the Seller's current Price list;or
4.2.3. the Seller's quoted Price (subject to clause 4.2) which
shall be binding upon the Seller provided that the Buyer shall accept
in writing the Seller's quotation within thirty (30) days.
4.3. The Seller may, by giving notice to the Buyer at any time
up to seven (7) days before delivery, increase the Price of the Goods
to reflect any increase in the cost to the Seller beyond the reasonable
control of the Seller.(including, without limitation, foreign exchange
fluctuations, taxes and duties, provisions of any Acts,By-law, Order or
Regulation of any parliament, municipality or local authority enacted
after the date of contract between the Buyer and Seller and the cost of
labour, materials and other manufacturing costs).
4.4. At the Seller's sole discretion a deposit may be
required. The deposit amount or percentage of the Pricewill be
stipulated at the time of the order of the Goods and shall become
immediately due and payable.
4.5. Time for payment for the Goods shall be of the essence
and will be stated on the invoice, quotation or any other order forms.
If no time is stated then payment shall be due thirty (30) days
following the date of the invoice.
4.6. At the Seller's sole discretion, payment for approved
Buyers shall be made by instalments in accordance with the Seller's
delivery/payment schedule.
4.7. Payment will be made by cash on delivery, or by cheque,
or by credit card, or by direct credit, or by any other method as
agreed to between the Buyer and Seller.
4.8. The Price shall be increased by the amount of any GST and
other taxes and duties which may be applicable, except to the extent
that such taxes are expressly included in any quotation given by the
Seller.
5. DELIVERY OF GOODS / SERVICES
5.1. Goods offered ex-stock by Seller are subject to prior sale.
5.2. All quoted delivery or consignment dates are estimates only, given without engagement.
5.3. Delivery of the Goods shall be made to the Buyer's address.
The Buyer shall make all arrangements necessary to take delivery of the
Goods whenever they are tendered for delivery, or delivery of the Goods
shall be made to the Buyer at the Seller's address.
5.4. Delivery of the Goods to a carrier, either named by the
Buyer or failing such naming to a carrier at the discretion of the
Seller for the purpose of transmission to the Buyer, is deemed to be a
delivery of the Goods to the Buyer.
5.5. The costs of carriage and any insurance which the Buyer
reasonably directs the Seller to incur shall be reimbursed by the Buyer
(without any set-off or other withholding whatever) and shall be due on
the date for payment of the Price. The carrier shall be deemed to be
the Buyer's agent.
5.6. The Seller may deliver the Goods by separate instalments
(in accordance with the agreed delivery schedule). Each separate
instalment shall be invoiced and paid for in accordance with the
provisions in this contract of sale.
5.7. Delivery of the Goods to a third party nominated by the
Buyer is deemed to be delivery to the Buyer for the purposes of this
agreement.
5.8. The failure of the Seller to deliver shall not entitle either party to treat this contract as repudiated.
5.9. The Seller shall not be liable for any loss or damage whatever
due to failure by the Seller to deliver the Goods (or any of them)
promptly or at all.
6. TITLE
6.1. Title of property in the Goods sold will only pass to the
Buyer following payment in full of all sums due in connection with the
supply of all Goods by the Seller to the Buyer at any time. In the case
of payment by cheque, title shall not pass to the Buyer until the
cheque is honoured.
6.2. In the event that any of the Goods are incorporated
into,or attached to, or mixed with other Goods by the Buyer, so that
they are no longer identifiable or separable then title to the
composite Goods shall vest in and be retained by the Seller in
accordance with paragraph 4.1.
6.3. It is further agreed that:
6.3.1. Until such time as ownership of the Goods shall pass
from the Seller to the Buyer the Seller may give notice in writing to
the Buyer to return the Goods or any of them to the Seller. Upon such
notice the rights of the Buyer to obtain ownership or any other
interest in the Goods shall cease.
6.3.2. The Seller shall have the right of stopping the Goods in transit whether or not delivery has been made; and
6.3.3. If the Buyer fails to return the Goods to the Seller
then the Seller or the Seller's agent may enter upon and into land and
premises owned, occupied or used by the Buyer, or any premises as the
invitee of the Buyer, where the Goods are situated and take possession
of the Goods.
6.3.4. The Buyer is only a bailee of the Goods and until such
time as the Seller has received payment in full for the Goods then the
Buyer shall hold any proceeds from the sale or disposal of the Goods on
trust for the Seller.
6.3.5. The Seller can issue proceedings to recover the Price
of the Goods sold notwithstanding that ownership of the Goods may not
have passed to the Buyer.
6.3.6. Until such time ownership in the Goods passes to the
Buyer, if the Goods are so converted, the parties agree that Seller
will be the owner of the end products.
7. RISK
7.1. If the Seller retains property in the Goods nonetheless, all risk for the Goods passes to the Buyer on delivery.
8. BUYER'S DISCLAIMER
8.1. The Buyer hereby disclaims any right to rescind, or cancel
the contract or to sue for damages or to claim restitution arising out
of any misrepresentation made to him by any servant or agent of the
Seller and the Buyer acknowledges that he buys the Goods relying solely
upon his own skill and judgement.
9. DEFECTS / RETURNS
9.1. The Buyer shall inspect the Goods on delivery and shall
within seven (7) days of delivery notify the Seller of any alleged
defect, shortage in quantity, damage or failure to comply with the
description or quote. The Buyer shall afford the Seller an opportunity
to inspect the Goods within a reasonable time following delivery if the
Buyer believes the Goods are defective in any way.If the Buyer shall
fail to comply with these provisions, the Goods shall be conclusively
presumed to be in accordance with the terms and conditions and free
from any defect or damage.
9.2. Returns for any reason cannot be made:
9.2.1. Without prior authorisation from Seller and
9.2.2. Unless accompanied by delivery docket showing Seller's
authorisation reference" Return Goods Authority Form" (RGA number).
Seller will apply a handling charge to any unauthorised return and may
reconsign to Buyer, at the Buyer's cost.
9.3. For defective Goods, which the Seller has agreed that the
Buyer is entitled to reject, the Seller's liability is limited to
either (at the Seller's discretion) replacing the Goods or repairing
the Goods provided that :
9.3.1. the Buyer has complied with the provisions of clause 9.1;
9.3.2. the Goods are returned at the Buyer's cost within seven (7) days of the delivery date;
9.3.3. the Seller will not be liable for Goods which have not been stored or used in a proper manner;
9.3.4. the Goods are returned in the condition in which they
were delivered and with all packaging material in as new condition as
is reasonably possible.
9.4. The Seller shall be under no obligation to accept the
Goods for credit and any Goods returned for credit may incur a handling
fee of up to twenty percent (20%) of the value of the returned Goods
plus any freight plus GST.
10. WARRANTY
10.1. All products sold by MPS Garage Pty Ltd are brand new from the
manufacturer unless stated. Most products carry a manufacturer’s
warranty, whereby customers are welcome to contact menufacturer's
directly if need be. All sales are final. Take your time on the install
or have an experienced professional do the work properly the first
time. We are not responsible for faults in the installation or results
to the vehicle from the aftermarket part purchased. The customer bears
all risk for racing and the modification caused by the aftermarket
parts. Some products listed are legal only for racing vehicles which
may never be driven on public roads. This site and the materials and
products on this site are provided "as is" and without warranties of
any kind, whether express or implied. All Products shipped by MPS
Garage include freight insurance. To the fullest extent permissible
pursuant to applicable law, MPS Garage disclaims all warranties,
express or implied, including, but not limited to, implied warranties
of merchantability and fitness for a particular purpose and
non-infringement.
11. CANCELLATION BY BUYER
11.1. No order may be cancelled by the Buyer for buy in items.
11.2. In the event that MPS Garage agreed to cancel an order, a 25% cancellation fee will apply.
12. INDUSTRIAL PROPERTY RIGHTS
12.1. If any claim arises alleging that the sale, use or any
other dealing with the Goods infringes trade marks, trade names
patents, copyrights, registered designs or any other industrial
property rights of third parties, the Buyer shall forthwith notify the
Seller thereof & give every assistance to the Seller in connection
with such claims as the Seller may reasonably require & shall not
itself handle, deal with or compromise any such claim except with the
written consent of the Seller
13. THE COMMONWEALTH TRADE PRACTICES ACT 1974 & FAIR TRADING ACTS
13.1. Nothing in this agreement is intended to have the effect
of contracting out of any applicable provisions of the Commonwealth
Trade Practices Act 1974 or the Fair Trading Acts in each of the States
and Territories of Australia, except to the extent permitted by those
Acts where applicable.
14. PRIVACY ACT 1988
14.1. The Buyer and/or the Guarantor/s agree for the Seller to
obtain from a credit-reporting agency a credit report containing
personal credit information about the Buyer and Guarantor/s in relation
to credit provided by the Seller.
14.2. The Buyer and/or the Guarantor/s agree that the Seller
may exchange information about Buyer and Guarantor/s with those credit
providers named in the application for Credit Account or named in a
consumer credit report issued by a reporting agency for the following
purposes:
14.2.1. To assess an application by Buyer;
14.2.2. To notify other credit providers of a default by the Buyer;
14.2.3. To exchange information with other credit providers as
to the status of this credit account, where the Buyer is in default
with other credit providers; and
14.2.4. To assess the credit worthiness of Buyer and/or Guarantor/s..
14.3. The Buyer consents to the Seller being given a consumer
credit report to collect overdue payment on commercial credit (section
18K(1)(h) Privacy Act 1988).
14.4. The Buyer agrees that Personal Data provided may be used
and retained by the Seller for the following purposes and for other
purposes as shall be agreed between the Buyer and Seller or required by
law from time to time:
14.4.1. provision of Services & Goods; marketing of
Services and/or Goods by the Seller, its agents or distributors in
relation to the Services and Goods;
14.4.2. analysing, verifying and/or checking the Buyer's
credit, payment and/or status in relation to provision of
Services/Goods;
14.4.3. processing of any payment instructions, direct debit facilities and/or credit facilities requested by Buyer ; and
14.4.4. enabling the daily operation of Buyer's account and/or
the collection of amounts outstanding in the Buyer's account in
relation to the Services and Goods.
15. GENERAL
15.1. If any provision of these terms and conditions shall be
invalid, void, illegal or unenforceable the validity, existence,
legality and enforceability of the remaining provisions shall not be
affected, prejudiced or impaired.
15.2. All Goods supplied by the Seller are subject to the laws
of New South Wales and the Seller takes no responsibility for changes
in the law which affect the supply.
15.3. The Seller shall be under no liability whatever to the
Buyer for any indirect loss and/or expense (including loss of profit)
suffered by the Buyer arising out of a breach by the Seller of these
terms and conditions.
15.4. In the event of any breach of this contract by the Seller
the remedies of the Buyer shall be limited to damages. Under no
circumstances shall the liability of the Seller exceed the Price of the
Goods.
15.5. The Buyer shall not set off against the Price amounts due from the Seller.
15.6. The Seller reserves the right to review these terms and
conditions at any time and from time to time.If,following any such
review, there is to be any change in such terms and conditions, that
change will take effect from the date on which the Seller notifies the
Buyer of such change or reflects such on the Seller's invoice.
15.7. Neither party shall be liable for any default due to any
act of god, war, terrorism, strike, lock out, industrial action, fire,
flood, drought, storm or other event beyond the reasonable control of
either party.
16. CONSUMER PURCHASE
16.1. Nothing in these terms and conditions shall effect the
rights of a Buyer who acquires Goods as a consumer within the meaning
of the Trade Practices Act or any other law of the Commonwealth, or, of
any State or Territory; provided that where the purchaser is a consumer
within the meaning of the said Act and the Goods are not of a kind
ordinarily acquired for personal, domestic or household use or
consumption, then Seller's liability for a breach of condition or
warranty implied by the said Act (other than a condition or warranty
implied by section 69) shall be limited to the repair of the Goods, or,
at Seller's option, the replacement of the Goods or the supply of
equivalent Goods.