TERMS AND CONDITIONS OF PURCHASE
In these terms:
1.1 “Aussie Power Sports ” means Aussie Power Sports ABN 90 133 291 755, trading as Aussie Power Sports.
1.2 “Invoice” means the Tax Invoice to which these Terms and Conditions are annexed;
1.3 “Manufacturer” means the company that Aussie Power Sports is the reseller for
1.4 “Price” means the GST inclusive price specified on the Invoice;
1.5 “Product” means the item specified on the Invoice;
1.6 “Purchaser” means the person named as the purchaser on the Invoice.
2. Sale & Purchase
2.1 In consideration for the payment of the Price, Aussie Power Sports sells and the Purchaser buys the Product subject to these terms and conditions.3. Payment
2.2 Price is subject to change at any time.
3.1. Aussie Power Sports is not obliged to deliver the Product until the Price is received as clear funds by Aussie Power Sports.4. Delivery
3.2. The Purchaser shall pay for the Product as described in the Invoice.
4.1. Risk in the Product passes to the Purchaser upon delivery.5. Title
4.2. The purchaser shall take delivery of the Product at there designated delivery address.
4.3. Once the product leave Aussie Power Sports warehouse it is the responsibility of the purchaser. Unless insurance is taken out with Aussie Power Sports or a third party
5.1. Title in the Product shall not pass to the Purchaser until Aussie Power Sports has received payment in full of the Price as clear funds.6. Purchaser’s Acknowledgements
5.2. Until the payment has been received per 5.1 above, if the Purchaser takes possession of the Product it does so as bailee.
5.3. The Purchaser undertakes to store the Product securely and in a manner which makes the Product readily identifiable as Aussie Power Sports’ product, until payment is made per clause 5.1.
5.4. The Purchaser may not resell the Product unless and until the Price is paid in full,
5.5. If payment has not been received in full, Aussie Power Sports may for the purposes or examining or repossessing the Product enter upon any premises where the Product is or may be stored.
5.6. The Purchaser’s right to possession shall cease if the Price is not paid within 7 days of delivery, or if the Purchaser does anything or fails to do anything which would entitle a receiver to take possession of any assets or which would entitle any person to present a creditor’s petition or a petition for winding up.
The Purchaser acknowledges and agrees:7. Aussie Power Sports Warranty, Liability & Exclusions
6.1. Aussie Power Sports is a reseller and did not manufacture the Product;
6.2. That the Product is not intended for use on public roads;
6.3. That the manufacturer of a Product has published terms of sale and the Purchaser accepts the warranty that applies to that product;
6.4. That ATV use can be inherently dangerous and holds Aussie Power Sports its officers, agents and suppliers free from all claims or liabilities caused by the operation of a vehicle or the actions of and third party;
6.5. That the Product may be second hand and may not be covered by a manufacturer’s warranty.
7.1. Aussie Power Sports’ general terms of Warranty are shown below.8. General
7.2. Aussie Power Sports warrants, to the original purchaser, a Product for 12 months from the date of sale to be free of manufacturing defects. The warranty is limited at Aussie Power Sports option to:
7.2.1 The cost of replacing the Product or acquiring equivalent product; or7.3 Aussie Power Sports shall not be liable for any loss or damage directly or indirectly caused by:
7.2.2 Replacement of the Product or the supply of equivalent Product; or
7.2.3 Repair of the Product or the cost of having the Product repaired.
7.3.1 Improper adjustment, calibration or operation by the purchaser; or7.4 There are no warranties either expressed or implied, including the implied warranties of merchantability and fitness for a particular purpose, which extend beyond this description. Aussie Power Sports is not liable for any incidental or consequential damages. No representative of Aussie Power Sports has authority to make any representations or promises except as stated in the warranty.
7.3.2 Any misuse of, or damage to, the Products
7.3.3 Use of the Product (by any person) in a manner not consistent with the Product manufacturer’s recommendations or the ATV manufacturers recommendations; or
7.3.4 Any damage caused to the Product after the Purchaser takes delivery; or
7.3.5 Use on a public road or from road hazards; or
7.3.6 Products which have been patched, plugged or repaired or
7.3.7 Inadequate or improper maintenance of the Product; or
7.3.8 Damage by harmful, corrosive, abrasive materials such as sand, salt, acid, cleaners, or
7.3.9 Use of the Product for sport, competition or racing, or
7.3.10 Any leakage or contamination caused by the Product;
7.5 If the Manufacturer’s warranty is different from Aussie Power Sports standard warranty, then the same warranty conditions as provided by the Manufacturer of that product will apply.
7.6 To the maximum extent permissible by law, Aussie Power Sports disclaims any and all liability for loss or damage to person or property including any costs associated therewith.
7.7 There are no representations between the parties to this agreement other than those expressly set forth in writing between Aussie Power Sports and the purchaser. It is understood that Aussie Power Sports liability and the purchaser’s sole remedy, shall not exceed the return of the purchase price paid, and under no circumstances shall the seller be liable for any special, incidental or consequential damages.
7.8 Certain legislation, including the Trade Practices Act 1974, as amended, may imply warranties or conditions or impose obligations upon Aussie Power Sports which cannot be excluded, restricted or modified except to a limited extent. This Agreement must be read and construed subject to any such statutory provisions
8.1 This Agreement shall be construed in accordance with and shall be governed by the consumer laws for Australia.9. Disputes
8.2 If any provision of this Agreement is judged invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, such invalidity or unenforceability (unless deletion of such provision would materially adversely affect one of the parties) will not affect the operation or interpretation of any other provision of this Agreement to the intent that the invalid or unenforceable provision will be treated as severed from this Agreement.
9.1. Any dispute arising between Aussie Power Sports and the Purchaser in relation to the product shall be resolved by the parties first attempting to resolve the matter by mediation and if the parties are unable to resolve the dispute by mediation, then either party shall be at liberty to litigate the matter or by agreement arbitrate the dispute.10. Acceptance of the Terms of Sale.
9.2. If the parties elect to arbitrate the dispute, then they shall agree an arbitrator. Failing such agreement, an arbitrator shall be appointed by the President of the State Chapter of the Institute of Arbitrators of Australia.
By accepting and using the Products the Purchaser agrees to all of the terms and conditions of sale contained herein. If you do not agree to these terms and conditions of sale, then do not use the Product, advise Aussie Power Sports in writing on the day of delivery or receipt and return the Products, undamaged, to Aussie Power Sports within 7 days of purchase, for a refund. (Specially ordered or manufactured goods may not be refundable).11. Refunds/Returns
11.1 If a product is faulty or you have been sent the wrong product Aussie Powersports will be accountable for the return shipping costs and replacement of item.
11.2 Exchanges will be allowed but only by approval from Aussie Powersports. All return shipping charges for change of mind exchanges will be the responsibility of the purchaser.
11.3 Aussie Powersports will not refund money if the purchaser has changed their mind about the purchase.