1. INCORPORATION OF TERMS
Unless expressly altered or modified in writing and signed by Advanced Parts and Spares Ltd (the "Company") the following terms and conditions shall be deemed incorporated into and form part of all contracts involving goods supplied by the Company.
2. CREDITS, RETURNS & PRICE
Parts may be returned if not required or if incorrectly ordered within 7 days, however a handling fee of up to 25% plus any freight costs will be charged. Where the part is faulty or we have sent the wrong part no handling fee will apply. Items will only be accepted for return if the Tax Invoice/Picking Slip is attached to the parts. No parts will be accepted for return after 7 days of delivery. No parts will be accepted for return if they have been attempted to be dismantled or incorrectly installed. No parts will be accepted for credit if you change your mind.
Unless otherwise advised all prices quoted are exclusive of Goods and Services Tax and insurance/freight/handling charges and are based on the Company's current prices as at the date on the quotation.
The purchaser will pay GST and insurance/freight/handling charges in addition to the quoted price(s). The Company reserves the right to revise its prices at any time prior to accepting an order, to take account of increases or reductions in its list prices.
3. WARRANTIES & CONDITIONS
The purchaser acknowledges that where the goods are being provided for business purposes, it agrees with the Company in terms of section 43(2) of the Consumer Guarantees Act 1993, that the provision of that Act are specifically excluded from this contract.
The purchaser agrees with the Company that used or second hand goods may not perform to the same levels as a new item, and that used or second hand items may have significant wear & tear at the time of sale.
Under no circumstances is the purchaser, or their agent, to attempt to dismantle or alter the part sold in anyway without the prior written consent from the Company. Altering or dismantling of the supplied part(s) without written consult will void all warranties.
The purchaser must maintain the part(s) in accordance with the original manufacturer's guidelines and may in fact be, required to perform maintenance to the part(s) more often than is required under the original manufacturer's instructions.
All engines are sold as a BARE LONG
motor. A bare long motor excludes the following items (even if supplied free of charge on the bare long motor). Glow plugs, frost plugs, fuel injectors, manifolds & gaskets, water pump, fly wheel, turbo charger, all clutch components, alternator, starter motor, engine brackets, engine mounts, engine fan belts & diesel injector drive belts, diesel injector pump, timing chain & camshaft drive belt & tensioners, oil filter, thermostat & thermostat top housing, sensors & switches, hoses, wiring & oil seals. All of the parts listed are expressly EXCLUDED from any warranty and may be supplied only for your convenience, it is completely at the purchasers risk to use the above listed parts if supplied free of charge. Engines must be installed either by a professional automotive workshop, or by someone else in a tradesman like manner. Incorrect or poor installation will void any and all warranties.
Over heating, lack of maintenance, abuse & negligence of the part(s) by the purchaser will void any and all warranties whether implied or not.
Advanced for Ford & Holden reserves the right under any warranty claim to remedy the situation at it’s discretion; we may choose to supply a replacement part or repair the part, or make a partial or total refund depending on the circumstances.
In the event of a failure within 7 days of the purchase date, of the part(s) covered under the stated warranty period (provided the terms of payment are complied with), the Company may pay a "labour claim" of up to forty five dollars ($45.00) per hour plus GST by prior agreement only.
Under no circumstances will the Company pay labour to anyone whosoever unless an authorised purchase order has been given to the purchaser by the Company. No labour shall be paid to the purchaser unless a GST Tax Invoice is supplied by the purchaser or their agent.
It is the purchaser’s responsibility to produce copies of the parts warranty form, the tax invoice/picking slip and any qualified installer and/or maintenance receipts when making any warranty claim. The warranty period begins at the date of the sale.
4. RISKS AND TITLE
The risk in goods supplied by the Company shall pass to the buyer upon delivery of goods.
Ownership of the goods shall not pass to the buyer until the buyer has paid for the goods in full. Receipt by the Company of a cheque or other conditional payment shall not be deemed full payment until it has been cleared or honoured.
Pending payment by the buyer in full, the buyer shall hold the goods and or the proceeds of sale on behalf of the Company as its bailee.
The buyer hereby irrevocably gives the Company, its agents and servants leave without the necessity of giving notice to enter on and into any premises occupied by the buyer to search for and remove any goods belonging to the Company without the Company being liable to the buyer or any person or Company claiming through the buyer.
Unless otherwise agreed in writing by the Company payment is to be made in cash on the 20th day of the month next following that in which an order is involved.
The Company reserves the right to charge interest on all overdue accounts at a rate equal to the overdraft rate payable by the Company to its Bank at time of the supply of the goods, calculated on a daily basis from the due date to the actual payment.
Notwithstanding the foregoing paragraphs, the Company may at any time after the buyer takes possession of goods demand immediate payment if the Company considers the buyer to be a credit risk.
The Company shall be entitled to recover from the buyer upon demand all monies expended by the Company incurred or expended in recovering payment of any overdue account.
6. DEPOSIT TO HOLD
When a deposit is paid on a part, the depositor agrees with the company that it is deemed to be a deposit to hold. In other words it will not be sold to another customer. Therefore the ability to sell that item is now gone, so that if in any event the depositor decides not to complete the purchase, the deposit is not refundable.