Terms And Conditions
PATROLAPART PTY LTD - TERMS & CONDITIONS OF TRADE
1. Patrolapart Pty Ltd (“Patrolapart”) offers conditional warranty on used mechanical parts from the invoice date for a period of ninety (90) days. New components where available will be covered by the warranty provided by our suppliers and will be covered by their individual terms and conditions.
2. Where Patrolapart supplies second-hand components, these components are checked carefully for serviceability; however the customer must accept responsibility for the fact that wear and tear will be present in a second-hand component.
3. Patrolapart will supply free of charge all components required to rectify any authorised claims, and reserves the right to supply used components to repair used parts originally supplied by us. Alternatively Patrolapart reserves the right to provide a refund to purchasers for components Patrolapart cannot replace readily.
4. All claims made to Patrolapart must be accompanied with a Copy of the Original invoice.
5. All repairs affected without Patrolapart’s written consent will be the responsibility of the customer.
6. Warranty is void if parts are dismantled or tampered with. Parts returned under warranty must be complete and as sold.
7. Freight costs incurred as a result of incorrect or faulty parts will be covered at Patrolapart’s discretion.
(Patrolapart reserves the right to use the freight company of its choice).
8. Patrolapart will not accept returns on specially ordered parts or cut body sections.
9. Patrolapart is not liable for any indirect or consequential losses or expenses suffered by the customer or any third party, howsoever caused, including but not limited to accommodation, damage, hire cars, loss of turnover, profits, business or goodwill or any liability to any other party other than, if the customer is a consumer, then to the extent imposed by the ACL, due to failure of the part sold or delayed part delivery.
10. Warranty is non transferable.
11. Patrolapart will always endeavour to provide the correct part based on information provided by our customer.
12. Patrolapart will not accept returns or provide refunds where the customer has decided they no longer want the supplied parts.
13. Onus is on the customer to check the part supplied by Patrolapart is correct at the time of delivery. If this is not possible, the customer must check the part is correct prior to any installation, preparation and/or painting. Customers, who fail to check each part for correctness, can claim no compensation.
14. Patrolapart retains property in the goods nonetheless; all risk for the goods passes to the customer on delivery.
15. Nothing in the terms and conditions of trade is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or supply of services which cannot be excluded, restricted or modified.
Intellectual Property and Information
16. The customer acknowledges Patrolapart’s title to the copyright, trademark, patent or design rights (“Intellectual Property”) in or related to any of its goods and shall not claim any right, title or interest in the Intellectual Property nor use any of the Intellectual Property other than necessary for the proper use of the goods.
17. The customer must not disclose any information that is not in the public domain about Patrolapart or its suppliers, customers, pricing structures, marketing plans, products or product specification.
Major Mechanical Items (Engines, Gearboxes, Differentials)
18. Warranty card must be completed in full and returned to Patrolapart within (seven) 7 days of invoice date including speedometer reading, or warranty will be null and void.
19. Patrolapart will not meet labour costs for replacement components fitted under warranty.
20. Engines are sold as long bare. Accessories and manifolds, if fitted, are not covered by warranty and are not guaranteed to be correct for your model. Closely examine them before installation and swap parts from your original engine where necessary.
21. Patrolapart will not recognise any warranty claim where any failure or defect is caused by:
a. Insufficient or incorrect oil and/or lubricants;
b. Overheating and/or heat tab missing;
c. Misuse, overloading, accidents or negligence;
d. Failure to carry out proper maintenance;
e. Unauthorised repairs, alterations or dismantling; and
f. Improper application or installation.
22. In the event of any claim being declined, Patrolapart reserves the right to recover out-of-pocket expenses incurred in transporting, dismantling and inspection, such costs to be reimbursed by the customer prior to re-delivery of the part and/or collection of the vehicle.
23. In the event of any dispute, a mutually acceptable third party opinion is to be obtained to adjudicate on claims.
24. Patrolapart cannot be held responsible for any implied or verbal representations.
Note: In the event of any preliminary signs of malfunction, it is the customer's responsibility to cease operation and to immediately report the problem to Patrolapart. Failure to comply with this condition may result in more serious consequential damage and void any warranty entitlement.
Price and Payment
25. The price of each item will be set by Patrolapart and stated on the invoice issued; the price shall be increased by the amount of any GST and other taxes and duties that may be applicable.
26. Payment is due and payable upon issue of this tax invoice.
27. Patrolapart may require a deposit be paid; the deposit amount or percentage will be stipulated at the time of the order for goods/services and shall become immediately due and payable.
28. Payment will be made by cash on delivery, or by cheque, or by bank cheque, or by credit card, or by EFTPOS, or by any other method as agreed between Patrolapart and the customer.
29. Interest on overdue invoices shall accrue daily from the date when payment becomes due until the date of payment at a rate of 20% per calendar month and shall accrue at such a rate after as well as before any judgement.
30. Goods remain the property of Patrolapart until paid for.
31. If the customer defaults in payment of any invoice when due, the customer shall indemnify Patrolapart from and against all costs and disbursements including legal costs and debt recovery costs.
32. Without prejudice, should the customer breach any obligations relating to payment, Patrolapart will suspend or terminate the supply of goods/services to the customer. Patrolapart will not be liable to the customer for any loss or damage the customer suffers because Patrolapart exercises its rights under this clause.
33. Patrolapart is bound by the Privacy Amendment (Private Sector) Act 2000. All personal information obtained in connection with the customer will be appropriately collected, stored, used, disclosed, transferred and destroyed in accordance with the National Privacy Principles (“NPP”).
34. The customer is required to deal with any personal information in accordance with the NPPs.
35. The law of Victoria from time to time governs the conditions. The parties agree to the non-exclusive jurisdiction of the courts of Victoria, the Federal Court of Australia, and of courts entitled to hear appeals from those Courts.
36. Patrolapart’s failure to enforce any of these conditions shall not be construed as a waiver of any of Patrolapart’s rights.
37. If any condition is unenforceable it shall be read down to be enforceable or, if it cannot be read down, the condition shall be severed from the conditions without affecting the enforceability of the remaining conditions.
38. A notice must be in writing and handed personally or sent by email, facsimile or prepaid mail to the last known address of the addressee. Notices sent by pre-paid post are deemed to be received upon posting. Notices sent by facsimile or email are deemed received on confirmation of successful transmission.
These Terms and Conditions are clearly displayed in our sales area. This warranty is given in addition to and notwithstanding any rights the customer may have under The Commonwealth Trade Practices Act 1974, Fair Trading Acts, State or Commonwealth Law