PATROLAPART PTY LTD - TERMS & CONDITIONS OF TRADE

This document sets out the terms and conditions (Terms) upon which Patrolapart Pty Ltd ACN 127 339 806 (Patrolapart) will provide goods and services to you (Customer). Please read it carefully and if you agree to our terms, sign at the end.

Definitions

Loss includes, but is not limited to, all losses (including loss of business, loss of revenue, loss of contract, lost opportunity costs and other consequential loss), damages, costs (including legal), expenses or charges.

Intellectual Property means exclusive ownership to the copyright, trademark, patent or design rights in or related to any of Patrolapart’s goods.

Used Goods means used mechanical goods (excluding electrical).

In these Terms, any words importing persons includes any individual, corporation or other body corporate, partnership, joint venture, trust, association and includes that person’s permitted assignees and successors.

Price and Payment, and Title and Risk

  1. These Terms apply to all transactions between Patrolapart and the Customer relating to the provision of goods and/or services.
  2. The price for goods and/or services will be set by Patrolapart and stated on the quote (as varied) or invoice issued. The total amount due and payable will be increased by the amount of any applicable GST, other taxes and duties.
  3. If a deposit is required, it will be due and payable at the time the goods and/or services are ordered.
  4. The payment terms will be set out in the invoice. Unless stated otherwise on the invoice or agreed between the parties in writing, payment is due and payable:
    1. at the time of issue of the invoice; or
    2. for online sales, on processing the order.
  5. Patrolapart accept payment made by cash on delivery, bank cheque, bank deposit, credit card, EFTPOS, PayPal or by any other method as agreed between Patrolapart and the Customer.
  6. Penalty interest on overdue invoices will accrue daily from the date when payment becomes due until the date of payment at the penalty interest rate set from time to time by the Penalty Interest Rate Act (Vic) 1983.
  7. If the Customer defaults in payment of any invoice when due or breaches any obligations relating to payment:
    1. Patrolapart may exercise a lien on the Customer’s vehicle and withhold the provision of any further goods or services until the Customer has paid all amounts owing by it to Patrolapart,
    2. Patrolapart will not be liable to the Customer for any Loss the Customer suffers as a result of the above; and
    3. the Customer will indemnify Patrolapart from and against all Loss.
  8. The title to the goods passes to the Customer when all amounts owed in relation to the goods have been paid in full, and the Customer will hold the goods as bailee and fiduciary agent for Patrolapart until that time.
  9. Risk in the goods passes to the Customer on the earlier of payment in full for the goods, the goods leaving Patrolapart’s premises or collection of the goods by the Customer.

Warranties

  1. (Used Goods) Patrolapart offers a conditional warranty on Used Goods, for a period of ninety (90) days from the invoice date subject to these Terms. All Used Goods are checked carefully for serviceability but will have general wear and tear, and Patrolapart accepts no responsibility for the same and such will not be covered by any warranty.
  2. (Third Party Manufacturer’s Warranty) New parts may come with a manufacturer warranty, if so Patrolapart will provide details of the manufacturer’s warranty (where possible).
  3. (New Parts Manufactured by Patrolapart) These Terms apply to any warranty offered by Patrolapart on new parts manufacturer by Patrolapart (if any).
  4. Patrolapart will not recognise any warranty claim where any failure or defect is caused by:
    1. Insufficient and/or incorrect oil and/or lubricants;
    2. Overheating and/or heat tab missing;
    3. Misuse, overloading, accidents or negligence;
    4. Failure to carry out proper maintenance;
    5. Third party repairs, alterations or dismantling;
    6. Damage or abnormal use by the Customer or third party;
    7. Improper application or installation; or
    8. An event outside the control of Patrolapart.
  5. Any warranty offered by Patrolapart is not transferrable.
  6. Engines are sold as long bare and any accessories and manifolds attached/fitted to the engine do not form part of the warranty offered by Patrolapart. It is recommended that the Customer ensure these accessories are the correct part for the intended use.
  7. No warranty, exchange or refund is offered for change of mind.
  8. On any approved warranty claim, Patrolapart reserves the right to supply the Customer with replacement goods of the same nature, Used Goods will be replaced with similar used goods. Where replacement goods are not available, Patrolapart reserves the right to offer the Customer a partial or full refund instead.  Patrolapart is not liable for any Loss relating to expenses incurred by the Customer except as set out in these Terms.
  9. Patrolapart will not accept liability for any Loss, including repair, replacement, refund or other expenses incurred by the Customer, for any incorrect orders based on incorrect, improper or incomplete instructions given by the Customer.
  10. Unless agreed otherwise in writing between Patrolapart and the Customer, Patrolapart must be given the opportunity to rectify goods requiring repair under these warranties before the goods are provided to a third party.
  11. If the goods malfunction and/or the Customer believes they have a warranty claim, the Customer must contact Patrolapart using the contact information provided at the foot of these Terms and provide Patrolapart with a copy of the invoice of purchase and an outline of the issue. If contacting Patrolapart outside the warranty period, the Customer must prove that the issue arose during the warranty period. After contacting Patrolapart the Customer will be advised of the next step.  Patrolapart reserves the right to assess the goods or have the goods inspected by a third party of Patrolapart’s choice.  The Customer is responsible for the cost of making a warranty claim, including postage and inspection costs, however, with the exception of engines, if the warranty is approved Patrolapart will reimburse the Customer for the reasonable cost of standard postage within Australia of the goods sent to Patrolapart. 
  12. Except as provided in these terms all express and implied warranties, guarantees and conditions under statute or general law as to merchantable quality, description, quality, suitability or fitness of the goods and/or services for any purpose or as to design, assembly, installation, materials or workmanship or otherwise is expressly excluded.
  13. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
    1. to cancel your service contract with us; and
    2. to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

Intellectual Property and Information

  1. The Customer acknowledges Patrolapart’s exclusive ownership to the Intellectual Property and will 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.
  2. 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.

General

  1. These Terms are governed by the laws of Victoria. The parties submit to the exclusive jurisdiction of the courts of Victoria.
  2. Patrolapart’s failure to enforce any of these Terms will not be construed as a waiver of Patrolapart’s rights.
  3. If any Term is unenforceable it will be read down to be enforceable or, if it cannot be read down, the Term will be severed from the Terms without affecting the enforceability of the remaining Terms.
  4. These Terms take precedence over terms contained in any document of the Customer or elsewhere.

 

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