Terms & Conditions
1. Interpretation
In these Terms and Conditions of Sale (“Terms”),”Goods” means the goods the subject of the Contract; motorstorex.com” means the entity selling the Goods; “Buyer” means the entity purchasing the Goods; “Contract” means each contract between motorstorex.com and Buyer for the sale and purchase of Goods and “order” includes” offer”.
2. Terms and Conditions
The only terms of the Contract are those agreed to in writing by motorstorex.com These Terms (to the extent they are not inconsistent with terms agreed to in writing by motorstorex.com) and those which are implied or imposed by law (including the Trade Practices Act 1974 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 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 Contact including them are governed by the laws of New South Wales and motorstorex.com and Buyer submit to the jurisdiction of the courts of that State. lf a term is held to be unenforceable, the remaining terms will apply.
3. Quotations and Orders
Any quotation made by motorstorex.com will not be construed or operate as an offer or obligation to sell. motorstorex.com reserves the right to accept or reject in its absolute discretion any order received by it. Buyer will not be entitled to cancel or refuse delivery of, or payment for, any order made by it which has been accepted by motorstorex.com
4. Price
The price payable to motorstorex.com by Buyer for the Goods will be the price agreed; failing which it will be the price prevailing at the date the Goods are dispatched by motorstorex.com for delivery to Buyer. Prices are payable in Australian currency and exclusive of delivery costs, taxes, duties and other imposts which, if changeable, are payable by Buyer. Prices quoted in any motorstorex.com pricelist are suggested prices only and may be changed by motorstorex.com without notice.
5. Payment
Buyer must pay cash for the Goods on delivery or, at motorstorex.com’s absolute discretion, strictly within 30 days of delivery. motorstorex.com will appropriate payments first to outstanding interest and then to outstanding accounts in the date order rendered.
6. Overdue Amounts
lf Buyer fails to pay all or part of any amount to motorstorex.com when due, interest will be payable on that amount from its due date until it is paid in full at a rate equivalent to 2% per annum above the overdraft rate from time to time charged to motorstorex.com by its principal banker.
7. Delivery
motorstorex.com will make all reasonable efforts to deliver the Goods on the dates agreed, to the place or carrier designated by Buyer. motorstorex.com has the right to make delivery in instalments and to deliver those Goods available for delivery. Buyer has no right to terminate the Contract because of a delay in delivery.
8. Warranty
All products are warranted in 3 months.
The warranty does NOT apply where, 1) acts of neglect or misuse are evident, 2) product has been modified, 3) vehicles which are modified or not the recommended vehicle of use, 4) used in racing or competition conditions without the prior consent of motorstorex.com, 5) used beyond the expectations of the original vehicle manufacturer.
Before installation of any product, please ensure you have received the correct parts for your application.
Ordering of the correct parts is the responsibility of the buyer. Return of a product in an un-used condition will attract a 15% restock fee, where motorstorex.com is not at fault.
Return of used or soiled product, 1) outside warranty period, 2) without fault, will result in refusal of your claim and be returned at buyer`s expense.
Damage to products through fitment error is not covered under warranty.
9. Damage
Buyer acknowledges that the Goods leaving motorstorex.com’s premises are adequately packed. Claims for damage in transit must be made against the carrier and, while motorstorex.com will not accept liability for any damage, details of any claim must be promptly advised to motorstorex.com Prior to acknowledging delivery to the carrier, Buyer must ensure that the complete consignment has been received as specified in the carrier’s note. Any shortage or visible damage to outer packaging must be endorsed on the carrier’s note. Any shortages and/or damages must be reported to motorstorex.com within 72 hours or receipt.
10. Title
10.1 Title to the Goods will not pass to Buyer until the earlier of :
(a) motorstorex.com being paid in full under all Contracts; or
(b) the sale by Buyer of the Goods in its ordinary course of business (in which case Buyer must kept an accurate account of each sale, hold the proceeds of each sale separate from Buyer’s own money and pay motorstorex.com in full from the proceeds of the purchase price of each sale despite that the payment is not otherwise due).
10.2 Until title to the Goods passes to Buyer,
Buyer must:
(a) hold the Goods as bailed for motorstorex.com and keep them in good order and condition;
(b) not remove any markings placed by motorstorex.com and ensure that the Goods can be readily identified and distinguished from other property in Buyer’s possession; and
(c) deliver the Goods to motorstorex.com immediately upon demand and, for this purpose, motorstorex.com is authorized to enter at any time any premises on which the Goods may be located (the costs incidental to which will be borne by Buyer).
11. Risk
Risk in the Goods (including insurance responsibility) passes to Buyer on delivery of the Goods to the place or carrier designated by Buyer or, if sooner, possession of the Goods passes to Buyer or its agent.
12. Implied Terms, Limitation of Liability and Buyers Indemnity
12.1 Subject to Clause 2,
motorstorex.com’s liability for any breach of a condition or warranty imposed or implied by law in respect of any Goods or services which are not of a kind ordinarily acquired for personal, domestic or household use or consumption (provided that this provision does not apply if Buyer establishes that it is not fair or reasonable for motorstorex.com to rely on it) will be limited to:
(a) in the case of Goods supplied, any one or more of the following (as motorstorex.com may determine):
(i) replacement of the Goods or the supply of equivalent goods; (ii) repair of the Goods;
(iiii) payment of the cost of replacing the Goods or of acquiring or obtaining equivalent goods; or
(iv) payment of the cost of having the Goods repaired; and
(b) in the case of services supplied, any one of the following (as motorstorex.com may determine);
(i) supplying the services again; or (ii) payment of the costs of having the services supplied again.
12.2 Subject to these Terms,
motorstorex.com will not be liable for any loss, damage, expense or injury of any kind or nature suffered or incurred by Buyer or any other person, arising out of or in connection with, the Contract (including, without limitation, liability due to negligence or wilful default of motorstorex.com and any delay in delivery) or any error (whether negligent or not) in information supplied to Buyer in connection with its subject matter or the use, possession or delivery of the Goods or the exercise by motorstorex.com of its rights under Clause 16 and Buyer will indemnify motorstorex.com in relation to any such loss, damage, expense or injury.
13. Claims
Any claim made by Buyer must be in writing and contain the particulars specified in the motorstorex.com’s Application for Exchange or Credit” or ‘Applications for Warranty” and be received by motorstorex.com within 14 days after delivery of the Goods. Subject to the Contract, no claim for credit will be recognised where (1)the Goods are made to special order or Buyer’s specifications or drawings, (2)are no longer required by Buyer, (3) are returned without the particulars required by this Clause, (4) Buyer has modified or altered the Goods (including changing colour) or (5) if the motorstorex.com Catalogue stipulates that return will not be accepted. lf Buyer insists on returning the Goods, it must pay motorstorex.com a handling fee equal to 40% or the price of the Goods.
14. Force Majeure
Despite any other term or condition of the Contract, motorstorex.com will not be liable for any loss, damage, expense or injury of any kind or nature suffered or incurred by 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, labour dispute, civil commotion, intervention of a government, inability to obtain labour, materials or manufacturing facilities, accidents, interruptions of or delay in transportation or any other cause beyond motorstorex.com’s reasonable control
15. Errors or Omissions
motorstorex.com 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.
16. Breach by Buyer
lf Buyer breaches a Contract or motorstorex.com is not satisfied of a Buyer’s ability to pay or otherwise comply with each Contract, motorstorex.com may by notice to Buyer, but without compensation, terminate every Contract, suspend or cease deliveries under all Contracts, set-off all deposits against amounts due and made all amounts then outstanding by Buyer to motorstorex.com immediately due and payable.
17. Waiver
motorstorex.com’s right under the Contract are cumulative and in addition to any other rights. No delay or failure by motorstorex.com to enforce any right is a waiver or that right. any waiver by motorstorex.com of any term or breach of the Contract is not to be taken as a Continuing waiver or a waiver of any subsequent breach.
In these Terms and Conditions of Sale (“Terms”),”Goods” means the goods the subject of the Contract; motorstorex.com” means the entity selling the Goods; “Buyer” means the entity purchasing the Goods; “Contract” means each contract between motorstorex.com and Buyer for the sale and purchase of Goods and “order” includes” offer”.
2. Terms and Conditions
The only terms of the Contract are those agreed to in writing by motorstorex.com These Terms (to the extent they are not inconsistent with terms agreed to in writing by motorstorex.com) and those which are implied or imposed by law (including the Trade Practices Act 1974 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 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 Contact including them are governed by the laws of New South Wales and motorstorex.com and Buyer submit to the jurisdiction of the courts of that State. lf a term is held to be unenforceable, the remaining terms will apply.
3. Quotations and Orders
Any quotation made by motorstorex.com will not be construed or operate as an offer or obligation to sell. motorstorex.com reserves the right to accept or reject in its absolute discretion any order received by it. Buyer will not be entitled to cancel or refuse delivery of, or payment for, any order made by it which has been accepted by motorstorex.com
4. Price
The price payable to motorstorex.com by Buyer for the Goods will be the price agreed; failing which it will be the price prevailing at the date the Goods are dispatched by motorstorex.com for delivery to Buyer. Prices are payable in Australian currency and exclusive of delivery costs, taxes, duties and other imposts which, if changeable, are payable by Buyer. Prices quoted in any motorstorex.com pricelist are suggested prices only and may be changed by motorstorex.com without notice.
5. Payment
Buyer must pay cash for the Goods on delivery or, at motorstorex.com’s absolute discretion, strictly within 30 days of delivery. motorstorex.com will appropriate payments first to outstanding interest and then to outstanding accounts in the date order rendered.
6. Overdue Amounts
lf Buyer fails to pay all or part of any amount to motorstorex.com when due, interest will be payable on that amount from its due date until it is paid in full at a rate equivalent to 2% per annum above the overdraft rate from time to time charged to motorstorex.com by its principal banker.
7. Delivery
motorstorex.com will make all reasonable efforts to deliver the Goods on the dates agreed, to the place or carrier designated by Buyer. motorstorex.com has the right to make delivery in instalments and to deliver those Goods available for delivery. Buyer has no right to terminate the Contract because of a delay in delivery.
8. Warranty
All products are warranted in 3 months.
The warranty does NOT apply where, 1) acts of neglect or misuse are evident, 2) product has been modified, 3) vehicles which are modified or not the recommended vehicle of use, 4) used in racing or competition conditions without the prior consent of motorstorex.com, 5) used beyond the expectations of the original vehicle manufacturer.
Before installation of any product, please ensure you have received the correct parts for your application.
Ordering of the correct parts is the responsibility of the buyer. Return of a product in an un-used condition will attract a 15% restock fee, where motorstorex.com is not at fault.
Return of used or soiled product, 1) outside warranty period, 2) without fault, will result in refusal of your claim and be returned at buyer`s expense.
Damage to products through fitment error is not covered under warranty.
9. Damage
Buyer acknowledges that the Goods leaving motorstorex.com’s premises are adequately packed. Claims for damage in transit must be made against the carrier and, while motorstorex.com will not accept liability for any damage, details of any claim must be promptly advised to motorstorex.com Prior to acknowledging delivery to the carrier, Buyer must ensure that the complete consignment has been received as specified in the carrier’s note. Any shortage or visible damage to outer packaging must be endorsed on the carrier’s note. Any shortages and/or damages must be reported to motorstorex.com within 72 hours or receipt.
10. Title
10.1 Title to the Goods will not pass to Buyer until the earlier of :
(a) motorstorex.com being paid in full under all Contracts; or
(b) the sale by Buyer of the Goods in its ordinary course of business (in which case Buyer must kept an accurate account of each sale, hold the proceeds of each sale separate from Buyer’s own money and pay motorstorex.com in full from the proceeds of the purchase price of each sale despite that the payment is not otherwise due).
10.2 Until title to the Goods passes to Buyer,
Buyer must:
(a) hold the Goods as bailed for motorstorex.com and keep them in good order and condition;
(b) not remove any markings placed by motorstorex.com and ensure that the Goods can be readily identified and distinguished from other property in Buyer’s possession; and
(c) deliver the Goods to motorstorex.com immediately upon demand and, for this purpose, motorstorex.com is authorized to enter at any time any premises on which the Goods may be located (the costs incidental to which will be borne by Buyer).
11. Risk
Risk in the Goods (including insurance responsibility) passes to Buyer on delivery of the Goods to the place or carrier designated by Buyer or, if sooner, possession of the Goods passes to Buyer or its agent.
12. Implied Terms, Limitation of Liability and Buyers Indemnity
12.1 Subject to Clause 2,
motorstorex.com’s liability for any breach of a condition or warranty imposed or implied by law in respect of any Goods or services which are not of a kind ordinarily acquired for personal, domestic or household use or consumption (provided that this provision does not apply if Buyer establishes that it is not fair or reasonable for motorstorex.com to rely on it) will be limited to:
(a) in the case of Goods supplied, any one or more of the following (as motorstorex.com may determine):
(i) replacement of the Goods or the supply of equivalent goods; (ii) repair of the Goods;
(iiii) payment of the cost of replacing the Goods or of acquiring or obtaining equivalent goods; or
(iv) payment of the cost of having the Goods repaired; and
(b) in the case of services supplied, any one of the following (as motorstorex.com may determine);
(i) supplying the services again; or (ii) payment of the costs of having the services supplied again.
12.2 Subject to these Terms,
motorstorex.com will not be liable for any loss, damage, expense or injury of any kind or nature suffered or incurred by Buyer or any other person, arising out of or in connection with, the Contract (including, without limitation, liability due to negligence or wilful default of motorstorex.com and any delay in delivery) or any error (whether negligent or not) in information supplied to Buyer in connection with its subject matter or the use, possession or delivery of the Goods or the exercise by motorstorex.com of its rights under Clause 16 and Buyer will indemnify motorstorex.com in relation to any such loss, damage, expense or injury.
13. Claims
Any claim made by Buyer must be in writing and contain the particulars specified in the motorstorex.com’s Application for Exchange or Credit” or ‘Applications for Warranty” and be received by motorstorex.com within 14 days after delivery of the Goods. Subject to the Contract, no claim for credit will be recognised where (1)the Goods are made to special order or Buyer’s specifications or drawings, (2)are no longer required by Buyer, (3) are returned without the particulars required by this Clause, (4) Buyer has modified or altered the Goods (including changing colour) or (5) if the motorstorex.com Catalogue stipulates that return will not be accepted. lf Buyer insists on returning the Goods, it must pay motorstorex.com a handling fee equal to 40% or the price of the Goods.
14. Force Majeure
Despite any other term or condition of the Contract, motorstorex.com will not be liable for any loss, damage, expense or injury of any kind or nature suffered or incurred by 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, labour dispute, civil commotion, intervention of a government, inability to obtain labour, materials or manufacturing facilities, accidents, interruptions of or delay in transportation or any other cause beyond motorstorex.com’s reasonable control
15. Errors or Omissions
motorstorex.com 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.
16. Breach by Buyer
lf Buyer breaches a Contract or motorstorex.com is not satisfied of a Buyer’s ability to pay or otherwise comply with each Contract, motorstorex.com may by notice to Buyer, but without compensation, terminate every Contract, suspend or cease deliveries under all Contracts, set-off all deposits against amounts due and made all amounts then outstanding by Buyer to motorstorex.com immediately due and payable.
17. Waiver
motorstorex.com’s right under the Contract are cumulative and in addition to any other rights. No delay or failure by motorstorex.com to enforce any right is a waiver or that right. any waiver by motorstorex.com of any term or breach of the Contract is not to be taken as a Continuing waiver or a waiver of any subsequent breach.
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