TERMS AND CONDITIONS OF SALE

Transcription

1 TERMS AND CONDITIONS OF SALE 1. DEFINITIONS In these Terms and Conditions of Sale ( Terms ): Buyer/s means the entity/individual purchasing the Goods; Contract means each contract between Superior and the Buyer for the sale and purchase of Goods and order includes offer ; Good/s means the goods the subject of the Contract; Part/s means the Superior manufactured or another manufacturer supplied components and/or associated products; Product/s means the Superior manufactured or another manufacturer supplied goods and/or parts; Return/s means all Goods, parts or products free from defects of which the Buyer seeks replacement or refund; Superior means Superior Engineering Pty Ltd A.C.N , the entity selling the Goods; Warranty means the Acceptable Quality of all Goods, parts or products pursuant to Australian Consumer Law; and We, Our, Us, It s means Superior. 2. TERMS AND CONDITIONS The only Terms of the Contract are those agreed to in writing by Superior. These Terms (to the extent they are not inconsistent with the Terms agreed to in writing by Superior) and those which are implied or imposed by law (including the Competition and Consumer Act 2010 (Cth)) to the extent that it is not lawful or possible to exclude them. All other terms, conditions and warranties are expressly excluded. lf a conflict arises between the terms of any order made by the Buyer and these Terms, these Terms will prevail. An agreement to deliver the Goods in instalments is taken to be a separate Contract for each instalment. These Terms and each Contract are governed by the laws of Queensland and the Commonwealth and Superior and the Buyer irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts in Queensland and courts of appeal from them. Each party waives any right it has to object to an action being brought in those courts including, but not limited to, by claiming that the action has been brought in an inconvenient forum or that those courts do not have jurisdiction. Each of the Terms are severable and distinct from one another and if at any time any one or more of the Terms is or becomes invalid, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining Terms will not in any way be affected or impaired. 3. QUOTATIONS AND ORDERS Any quotation made by Superior will not be construed or operate as an offer or obligation to sell. Superior reserves the right to accept or reject at its absolute discretion any order

2 received by it. Once a contract is formed, the Buyer will not be entitled to cancel or refuse delivery of, or payment for, any Contract made by it which has been accepted by Superior. 4. PRICE The price payable to Superior by the Buyer for the Goods will be the price agreed. Prices are payable in Australian currency and exclusive of delivery costs, taxes, duties and other imposts which, if changeable, are payable by the Buyer. Prices quoted in any Superior pricelist are suggested prices only and may be changed by Superior without notice. 5. PAYMENT Superior accepts Paypal, Visa, Mastercard, Debit Card, Money Order, Bank Cheque as well as EFT and cash. Credit cards can be accepted over the phone and are the fastest way to have your order processed. Superior Engineering will only accept credit cards orders if the original card holder places the order. EFT may take between one (1) to four (4) days to be processed. Depending on the speed of the bank transfers. Superior does not accept any liability for the processing time of a bank, Paypal or any other financial institution in transferring any monies into Superior s nominated account. It is the responsibility of the Buyer to follow up with Superior to ensure that the money has been received. The Buyer must use the correct BSB and account number and provide the invoice number allocated by Superior when depositing any monies into Superior s nominated account and failure to do so, may result in delays for delivery of the Goods until identification of who deposited the monies is undertaken. It is the responsibility of the Buyer to ensure that the correct BSB and account numbers are entered when the Buyer is transferring any monies into Superior s bank account. Superior does not accept any responsibility or liability if a Buyer pays any monies into another account other than Superior s nominated account. Superior recommends that the Buyer send a facsimile, or telephone Superior s office to advise a staff member of the transaction. EFT usually takes between two (1) to four (4) days for the monies to clear in Superior s bank account. Superior will not proceed with any part of the Contract until it receives cleared funds. A Buyer can only pay with cash in person at Superior s office or showroom, DO NOT send Cash in the mail. Money Order or Bank Cheque orders will be processed as soon as the monies have cleared in Superior s bank account. Personal and business cheques will NOT be accepted. 6. OVERDUE ACCOUNTS

3 lf the Buyer fails to pay all or part of the Contract or any amount owed to Superior when due, interest will be payable on that amount from the invoice due date, until the monies owing is paid in full, at a rate of 2% compounded monthly. 7. SHIPPING Shipping is free for Most orders $299 and over throughout Australia. Superior ships small goods in 500g, 3kg and 5kg express bags by Australia Post wherever possible, but if the customer has chosen a different option we will always try to send the goods by the customer s choice unless there is a problem with that choice IF paying by EFT, PAYPAL the Buyer does not need to be at home to receive the Goods. If the Purchase was made with a credit card the person who purchased the goods and who is named on the credit card will need to show photo ID to receive the goods from the courier driver. If the Buyer is not at home, a card may be left in their letterbox and the Buyer will be required to go to the local post office or freight depot to collect the Goods. Larger Goods over 5kg will generally go on Direct Freight, Entirely at the discretion of Superior, unless the customer has payed for another option. We may be able to give authority to leave in some circumstances, if the Buyer is not home at the time of delivery. Superior Engineering will not give an authority to leave if the goods are payed by credit card or are uninsured Superior will not be held responsible or accept any liability for any delays that may arise, or for any damage caused to the Goods once a shipment has left Our premises. Once the courier picks up the Goods it is then the responsibility of the freight company. Superior Engineering records and films all packaging to show proof goods have left our premises properly packaged and in perfect condition Overseas orders are usually shipped on TNT Overseas. Superior will provide a quote to ensure that the Buyer is agreeable to the price and the Terms of shipping before proceeding. Superior offers to pay for shipping of the Goods for free, unless otherwise stated when the order exceeds $299 and they are shipped in Australia. Superior will pay free freight only once per order. If a problem arises with the Goods, an incorrect part is sent or a warranty or return claim is made, the Buyer must pay all freight thereafter. Trade Buyers will only be provided with one delivery per day of free freight to their nominated business address. 8. RETURN POLICY 8.1 What can be returned? Superior may accept the return of some of the Goods, if for a legitimate reason such as, the Goods received by the Buyer differ from the Goods described in the Contract. Superior s staff are experienced industry personnel who provide advice and technical knowhow to the Buyer, however, it is the Buyers responsibility to ensure they provide Superior s staff members with all the requirements, expectations and any other relevant information to ensure the Goods supplied can be used by the Buyer as required.

4 Superior does not accept responsibility or liability if the Buyer has provided incorrect information, specifications or requirements or any other relevant information including but not limited to size, make or purpose of the Goods to suit a particular type of vehicle. Superior Engineering sales staff are professionals and have their own personal experience as well as many years of experience in the industry, all sales staff may not give the same advice to customers. Superior Engineering Sales staff will ensure they match the product required by the customer as best they can. If a part, product or Goods are installed incorrectly by someone other than a Superior employee and that incorrect installation of the part, product or Goods is the direct cause of the part, product or Goods or part of a lift Kit being faulty, Superior will not exchange, refund or replace the part or any part that is associated to it. All returns that are not the fault of Superior Engineering or its staff will have a 20% restocking fee. This fee covers such costs as administration, possible bank charges, packaging, and restocking the goods. If the Freight/ postage was also included free in the order this will also have to be paid for by the customer as well as the total cost of sending the goods back to Superior Engineering. Both restocking fee and freight charge will be taken off the refund amount. If Superior Engineering is at fault the Restocking fee will be waived. Superior Engineering will not accept the excuse that the customers vehicle has been stolen or crashed, if this becomes the case a 20% restocking fee will apply. Superior Engineering may charge an Administration fee upon a cancellation of an order. Administration fees are charged to cover costs of the Staff in the sale and ordering of parts. It is at the discretion of Superior Engineering Management which fee will be charged upon cancelling or returning orders depending on the case Other manufacturer warranty If the Goods include products or parts that are not products or parts manufactured by Superior, but are purchased by Superior from another manufacturer for the purpose of on sale, Superior will, in all instances, return the Goods, products or parts to the manufacturer to be determined by the manufacturer if a major or non-major failure of the Goods, products or parts therein has occurred. Should the manufacturer of the goods determine that a major or non-major failure of the Goods, products or parts therein has occurred, Superior will repair, refund or replace the Goods, products or parts therein pursuant to its obligations under the Australian Consumer Law What is required to return? The original copy of the invoice must be provided to Us. We will not refund or exchange a product because the Buyer has simply changed his mind. Superior will accept returns of Goods that have been incorrectly supplied by Superior, up to a maximum of 7 days from delivery date. A warranty claim is different from returns and depends on the particular parts, manufacturer and circumstances of the claim Where do customers return items?

5 Superior must be contacted and a warranty or return form provided by Superior must be completed by the Buyer for approval, prior to the Buyer returning incorrect Goods or Goods covered under a warranty. If the Buyer purchased the Goods directly from Superior, the Goods must be sent with a copy of the original tax invoice and include up to date contact details of the Buyer and the warranty/return form fully completed. The return address to send approved warranty/returned Goods purchased from Superior, is 499 Uhlmann Road, Burpengary, Qld, Goods must be placed on a traceable freight Carrier and Superior does not accept responsibility or liability for lost or damaged freight in transit and further, Superior will not pay or replace lost freight. It is the Buyer s responsibility to organise and pay for the shipping of the Goods and ensure that the Goods are covered by the freight carrier s applicable insurance Who pays for returns? All returns once approved must be forwarded to Superior. We will not pay for any costs associated with the delivery to or from any distributor/ private or commercial address for the Goods to be returned. If the Goods, products or parts are from another manufacturer, Superior may, at their discretion, contact the manufacturer to see if they will pay for the freight to us or to the manufacturer/ distributor. Superior will not pay freight for another manufacturer s parts to be sent back for return Credit for returns If a return has been approved, the Buyer can purchase any other product to the same value. Superior will only return the money to the account or credit card number, which the original invoice was debited to, of the Buyer Goods purchased from another distributor other than Superior If the Goods were purchased from another Workshop or 4wd Shop and the Buyer wants to return the Goods without defect, the seller of those Goods must be contacted at first instance and the seller s return policy will be applicable. Upon notification from the seller of the Goods that the Goods will be replaced, Superior will re-fit the Goods upon the parts being forwarded to Superior Packing materials If Goods are returned in damaged/and/or not the original packaging, the cost of the repackaging will be deducted from the refund amount.

6 9. WARRANTY 9.1. Warranty terms The Goods of Superior come with the guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure. You are also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality. Superior warrants that all Goods and products it sells are free from defects in material and workmanship. Goods and products manufactured by Superior are covered with a warranty for a period of 12 months from the date of purchase by the Buyer. This warranty does not apply to: (1) Goods no longer required by the Buyer; (2) Goods incorrectly chosen by the Buyer; (3) Goods modified or altered by the Buyer (including changing colour, welding or attaching additional parts, grinding); and (4) misuse of the Goods by the Buyer including but not limited to: vehicle overloading, neglect, lack of maintenance, over or under greasing, lack of lubrication or excessive lubrications, or improper installation. Superior s obligation under this warranty is limited to repair, replacement or refund of the products, Goods, products or parts therein, depending on whether the products, Goods or parts therein have a major or non-major failure pursuant to its obligations under the Australian Consumer Law. Superior is not responsible for any express or implied warranty of other vehicle parts related or non-related to the installation of Superior s product. Further, the Buyer does hereby indemnify and hold Superior harmless from and against any loss to the Buyer s vehicle or parts thereof as a result of the installation of products, Goods or parts therein of Superior. Superior warrants to the original Buyer only for the purchase of new Goods from Superior or authorised resellers and distributors, from the date of sale. Superior does not warrant or accept liability for the voiding of a vehicles manufacturer s warranty or part thereof, subsequent to the fitting of Goods to the Buyer s vehicle, whether by Superior or otherwise. Further, the Buyer agrees to indemnify and hold Superior harmless from and against any loss, as a result of a vehicles manufacturer s warranty being determined void. Superior s warranty coverage does not include consumer opinions regarding ride, comfort, installation or design Claims not covered under warranty Parts subject to normal wear, this includes bushings, bump stops, ball joints, tie rod ends and heim joints; unless they are a genuine manufacturing defect Bent or dented products. Finish/Coating of product once fitted to vehicle and/or after 60 days whichever comes first, finish is not covered from scratching or marking. Leaf or coil springs used without proper bump stops at the correct distance.

7 Coil Springs must be more than 15mm free height sag to qualify for warranty, but this will depend on the specific brand and there warranty policy Superior can assist in the information needed if required to correct your bump stops. Shock Absorbers that have been used without proper bump stop adjustment. Products with evident damage caused by abrasion or contact with other items. Damage caused as a result of not following recommendations or requirements called out in the installation instructions. Products used in racing if they are abused or not setup correctly for the correct purpose. Components or accessories used in conjunction with other manufacturer's systems. Warranty claims without original Proof of Purchase Products must be original owner SRC, AMADAXTREME, PROFENDER are considered serviceable shocks with a oneyear warranty against leakage only. Rebuild service and replacement parts will be available and sold separately by Superior Modifications Superior acknowledges that some modifications and installations of Goods, including suspension kit heights, requested by the Buyer may result in the vehicle being illegal to operate for road use in a State or Territory of Australia. The Buyer however, acknowledges and confirms that they have been provided and undertaken their own investigations into the legality or otherwise of particular Goods, including suspension kit heights, with the relevant Transport Authority of the Buyers respective State or Territory. Further, the Buyer indemnifies and holds Superior harmless from and against any loss as result of the legality or otherwise of Goods, parts or products installed or modified by Superior or otherwise. 10. TITLE Title to the Goods will not pass to the Buyer until the earlier of: (a) Superior being paid in full under all Contracts; or (b) the sale by the Buyer of the Goods in its ordinary course of business (in which case Buyer must keep an accurate account of each sale, hold the proceeds of each sale separate from the Buyer's own money and pay Superior in full from the proceeds of the purchase price of each sale despite that the payment is not otherwise due) Until title to the Goods passes to the Buyer, the Buyer must: (a) hold the Goods as bailed for Superior and keep them in good order and condition; (b) not remove any markings placed by Superior and ensure that the Goods can be readily identified and distinguished from other property in the Buyer's possession; and (c) deliver the Goods to Superior immediately upon demand and, for this purpose, Superior is specifically authorized to enter at any time any premises on which the may be located to remove the Goods to the safekeeping of Superior(the costs incidental to which will be borne by the Buyer). 11. RISK/ INSURANCE

8 Risk in the Goods (including insurance responsibility) passes to the Buyer upon delivery of the Goods to the place or carrier designated by the Buyer or Superior or, if sooner, possession of the Goods passes to the Buyer or its agent. Superior Engineering offers the choice to insure your goods from the time they leave our premises for damage or loss, this is offered during the checkout period and it is highly recommended to take out the insurance. Insurance is calculated at 3% of the total cost of the goods. Superior Engineering will not under any circumstances cover any cost towards your goods being lost or damaged once the courier or freight company removes the products from our premises. If the insurance is chosen then the insurance is taken out with the carrier of the products and it is the carrier s responsibility from that point on, Superior Engineering cannot be held liable for loss of Goods once leaving our premises. 12. FORCE MAJEURE Despite any other term or condition of the Contract, Superior will not be liable for any loss, damage, expense or injury of any kind or nature suffered or incurred by the Buyer or any other person, arising out of or in connection with any delay in delivery, or failure to perform any other term or condition of the Contract where that delay or failure is caused by an act of God, fire, factory dispute, civil commotion, intervention of a government, inability to obtain lab, materials or manufacturing facilities, accidents, interruptions of or delay in transportation or any other cause beyond Superior s reasonable control. 13. ERRORS OR OMISSIONS Superior has the right to correct any clerical errors or omissions, whether in computation or otherwise in any quotation, acknowledgment or document forming part of a Contract. 14. BREACH BY BUYER lf the Buyer breaches a Contract or Superior is not satisfied of a Buyer s ability to pay due to delay or default in payment or otherwise comply with each Contract, Superior may by notice to the Buyer, but without compensation, terminate every Contract, suspend or cease deliveries under all Contracts, set-off all deposits against amounts due and make all amounts then outstanding by the Buyer to Superior immediately due and payable.