Hardrace Australia Pty Ltd – TERMS AND CONDITIONS OF PARTS & SERVICE SUPPLY
1. Price and Quotations
1.1 Hardrace Australia Pty Ltd reserves the right to alter prices without notice
1.2 As a customer you agree to pay any GST and any other government duties, levies or taxes payable in respect of the goods and services provided by Hardrace Australia Pty Ltd
2. Orders, Delivery and Risk
2.1 All supplies of goods are subject to availability of stock at the time of delivery.
2.2 Hardrace Australia reserves the right to deliver any order in instalments and each instalment is considered a separate contract.
2.3 Wherever possible, goods not supplied will be backordered and will be supplied when available.
2.4 Where goods are delivered, as a customer you may choose the method of delivery and agree to pay all delivery costs, unless otherwise stated.
2.5 All claims for shortages and damage must be reported immediately.
2.6 As a customer you are responsible for insurance and risk of the vehicles and goods from the time they are received by the carrier or delivered to/collected from Hardrace Australia by yourself or your agent.
3. Payments and Property
3.1 Unless Hardrace Australia has agreed to extend credit, as a customer you must pay for the goods and services before supply.
3.2 Where Hardrace Australia has agreed in writing to extend credit, as a customer you must pay in full within the given terms. If accounts have not been paid in full by the due date Hardrace Australia may at its option charge collection costs (including collection costs and legal costs on a solicitor-client basis).
3.3 Hardrace Australia reserves the right to take action it deems necessary against persons/companies trading outside these terms. This may include withholding supply or disposal of stock relating to orders contra of accounts, and/or suspension or termination of credit facilities.
3.4 Property and ownership of goods will not pass to the customer but will remain with Hardrace Australia until Hardrace Australia receives payment in full of the purchase price of the goods and all other amounts that are owed to Hardrace Australia for any reason.
3.5 As a customer you authorize Hardrace Australia or its agents to enter your premises, using whatever force necessary, to remove any goods which are the property of Hardrace Australia, and indemnify Hardrace Australia against all costs and claims in respect of its exercise in its rights under the clause 3.4.
4. Goods Returned for Credit and Exchange Remanufactured Unit Deposits
4.1 All goods returned for credit (excluding deposit racks) must have a Return for Credit authorization number (RFC number) which can be obtained from Hardrace Australia internal sales staff. To ensure full credit we require that in addition to the RFC number, the original invoice number and customers name and address are clearly printed on or firmly attached to each package being returned, with packaging being in original condition.
4.2 On return of goods under clauses 4.1, Hardrace Australia will refund the purchase price less transportation and associated labour costs, a 25% re-stocking fee will also occur, provided the customer has not held the product for a period in excess of 14 days from invoice date.
4.3 Failure to comply with the procedure under clauses 4.1 will result in 10% handling charge or $10 dollars whichever is greater, or the goods being rejected by Hardrace Australia and returned to the customer at your own expense.
4.4 Any product returned that is not in a saleable condition or does not quote a RFC number will be returned to the customer at their expense.
4.5 Specially manufactured items considered “Special Orders” will not be refundable under any circumstances.
4.6 Specially ordered, non-stock items will not be refundable under any circumstances.
4.7 No change of mind refunds will be accepted.
Hardrace Australia’s warranty will not cover any product which has:
5.1.1. Been installed/used outside manufacturer’s guidelines.
5.1.2. The incorrect grade of lubricant or the insufficient amount of lubricant used.
5.1.3. Accident damages or impacts which may have damaged the unit.
5.1.4. Been dismantled, modified or misused (excessively worn).
5.1.5. Not had payment terms and conditions adhered to as mentioned in sections prior.
5.1.6. Exceeded the warranty terms i.e. passed the warranty date and or excessive kilometres, etc.
5.1.7. All items must be installed by a licensed mechanic – any product which is installed by an unlicensed workshop or mechanic will not be eligible for warranty or return.
5.2 Credits for warranties will not be processed until Hardrace Australia receives confirmation from its suppliers or Hardrace Australia’s own warranty department that the warranty has been accepted.
5.3 All appropriate warranty paper work must be completed and accompany the product being returned to Hardrace Australia.
5.4 If a remanufactured or used unit is replaced during its warranty period there is NO extension of the original warranty and it is not transferable upon sale of vehicle.
5.5 Hardrace Australia will honour original manufacturer’s warranty on any part on-sold through Hardrace Australia, unless expressly stated otherwise.
5.6 All warranty returns will require a RFC number and abide by the conditions in clause 4.1
5.7 All Items sold from Hardrace Australia are for “RACING/OFF ROAD USE” only.
6. Limitations of Liability
6.1 Hardrace Australia’s liability shall be limited to the value of any goods or services supplied. Hardrace Australia employees and agents will not be liable for loss or damage of any kind; however that damage is caused or arises. This includes, but is not limited to, theft of any kind, loss of profit caused by delays in delivery, unreasonable use, negligence, wear and tear, and faulty specifications.
6.2 Warranty as mentioned in section 5 shall be limited to that product only. Hardrace Australia will not be liable for consequential damage, injury to person/persons, towage, accommodation, or loss of income. This includes, but is not limited to defects arising from accidents, misuse, overloading, negligence, participation in motor sports, and vehicles modified from manufacturers specifications.
Confirmation of job, placement of deposit, partial or full payment for goods and/or services, and all associated dealings with Hardrace Australia, its employees and agents constitutes an acceptance of the aforementioned terms and conditions.