Terms And Conditions
PATROLAPART PTY LTD - TERMS & CONDITIONS OF TRADE
In these terms and conditions:
“Claim” means any claim, action, proceeding, loss, damage, cost, expense or liability whatsoever incurred or suffered by, or bought or made or recovered against, that person, no matter how arising (whether or not presently ascertained, immediate, future, or contingent)
“Customer” means the person/s or body corporate/s to whom these terms and conditions are directed and their successors and permitted assignors
“Goods” means new and/or used components, goods and/or services from time to time ordered from Patrolapart Pty Ltd ACN 127 339 806 and its successors and permitted assignors
“Intellectual Property” means exclusive ownership to the copyright, trademark, patent or design rights in or related to any of Patrolapart’s goods
“Patrolapart” means Patrolapart Pty Ltd ACN 127 339 806
“Term/s” means these terms and conditions of sale
- Patrolapart offers a conditional warranty on used mechanical goods for a period of ninety (90) days from the invoice date. All used goods are checked carefully for serviceability however all used goods will have general wear and tear, and Patrolapart accepts no responsibility for the same and such will not be covered by any warranty.
- These warranties are given in addition to and not withstanding any rights the customer may have under the Australian Consumer Law Act (Cth) 2011. Under these Laws, the goods sold come with warranties that cannot be excluded. Further warranties offered by Patrolapart are not to be construed as to take away from consumer rights under Australian Law.
- Patrolapart’s failure to enforce any of these terms shall not be construed as a waiver of Patrolapart’s rights.
- If any term is unenforceable it shall be read down to be enforceable or, if it cannot be read down, the term shall be severed from the terms without affecting the enforceability of the remaining terms.
- 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. Should no replacement goods be available, Patrolapart reserves the right to offer the customer a partial or full refund instead.
- Any goods that require repair under these warranties, or consumer guarantees, are to be presented to Patrolapart first to have the opportunity to rectify the goods before any third party.
- Any warranty offered by Patrolapart will not be honoured should the goods have been damaged by the customer.
- The title to the goods shall not pass to the customer until Patrolapart has been paid in full by the customer for all monies owing to Patrolapart, and the customer shall hold the goods as bailee and fiduciary agent for Patrolapart until that time.
- Any warranties offered by Patrolapart are not transferrable.
- No warranty, exchange or refund will be offered for change of mind by the customer.
- Patrolapart will supply goods based on the customer’s instruction and information provided.
- Patrolapart will not accept liability for any incorrect orders based on the improper instructions given by the customer.
Intellectual Property and Information
- The customer acknowledges Patrolapart’s exclusive ownership to the Intellectual Property 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.
- 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)
- The procedure for a claim on an additional conditional warranty given by Patrolapart is for the customer to correctly complete the warranty card in full and return the card to Patrolapart within seven (7) days of the invoice date.
- Engines are sold as long bare. If any accessories and manifolds are attached/fitted, they 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.
- Patrolapart will not recognise any warranty claim where any failure or defect is caused by:
- Insufficient and/or incorrect oil and/or lubricants;
- Overheating and/or heat tab missing;
- Misuse, overloading, accidents or negligence;
- Failure to carry out proper maintenance;
- Third Party repairs, alterations or dismantling; and
- Improper application or installation.
- In the event that goods malfunction, the customer is to report the issue to Patrolapart within a reasonable time to allow Patrolapart to accurately assess the goods.
Price and Payment
- The price of goods will be set by Patrolapart and stated on the tax invoice issued. The total amount due and payable shall be increased by the amount of any GST and other taxes and duties that may be applicable.
- Payment is due and payable at the time of issue of this tax invoice.
- Patrolapart may require a deposit be paid and the amount will be stipulated at the time of the order of goods. The deposit amount is due and payable at the time of any such order.
- Patrolapart accept payment made by cash on delivery, cheque, bank cheque, bank deposit, credit card, EFTPOS, PayPal or by any other method as agreed between Patrolapart and the customer.
- Penalty interest on overdue tax invoices shall 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.
- Goods remain the property of Patrolapart until paid for.
- 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.
- If the customer breaches any obligations relating to payment, Patrolapart reserves the right to suspend or terminate the supply of such goods to the customer. Patrolapart will not be liable to the customer for any loss or damage the customer suffers as a result of the above.