7. Returns
7.1. The Supplier may, at its discretion, accept “change of mind” return of Parts in exchange for a cash refund or credit. The Customer must provide its invoice number, date of purchase and, if the Supplier agrees to accept the return of Parts, the Customer must pay all return freight charges.
7.2. The amount of refund or credit to be provided to the Customer for a return accepted by the Supplier under clause 7.1 will be, unless otherwise agreed by the Supplier:
(a) 100% of the sale price (inclusive of GST) paid by the Customer for the Parts, if returned within 7 days of initial delivery;
(b) 10% of the sale price (inclusive of GST) paid by the Customer for the Parts, if returned 8 to 30 days (inclusive) after initial delivery; and
(c) Nil, if the Parts are returned more than 30 days after delivery; and
(d) Nil, if the Parts were specifically procured for the Customer.
7.3. If the Customer claims that any of the Parts were damaged on delivery, were not as ordered or the consignment of those Parts was short or misdelivered, then this claim must be brought to the attention of the Supplier within 7 days of delivery, failing which the Customer waives any claim arising.
7.4. The Supplier will provide the Customer with the correct Parts and/or quantity at no additional cost to the Customer within a reasonable time of accepting the claim.
7.5. The Supplier’s acceptance of a claim under clause 7.3 is conditional upon the Parts being unused, in a re-saleable condition and being returned by the time specified by the Supplier.
8. Warranty and Liability
8.1. Subject to clause 8.2, the Supplier sells the Parts to the Customer with only the guarantee or warranty given by the manufacturer and/or importer of the Parts.
8.2. Clause 8.3 applies if the Customer is a “consumer” for the purposes of the ACL. For this purpose, “you” means the Customer, “our” means the Supplier and “goods” means the Parts.
8.3. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
8.4. If the Customer is not a “consumer” for the purposes of the ACL, then the Customer agrees that:
(a) it does not rely on the skill or judgment of the Supplier as to the suitability of the Parts for any particular purpose;
(b) any sample, catalogue or brochure shown to the Customer is solely for the purpose of enabling the Customer to judge the normal commercial quality and finish of the Parts and not so as to constitute a sale by sample or a sale by description;
(c) all warranties which may be excluded by agreement relating in any way to the Parts are excluded;
(d) the Supplier is not obliged to accept a return of any Parts or to replace or repair any defective Parts beyond its obligation to do so under the manufacturer’s and/or importer’s guarantee or warranty; and
(e) if notwithstanding the exclusion of liability provided in this clause 8, the Supplier is liable for a breach of warranty or a breach of this Agreement as regards the acceptability or quality of the Parts, then the Supplier’s liability shall be limited, at its option, to repairing or replacing the Part/s or paying a repairer or a supplier the cost to repair or replace the Parts.
8.5. The Customer acknowledges that the Supplier advised the Customer that Parts be fitted by suitably qualified persons. The Supplier makes no representation that all Parts will be delivered with fitment instructions, as they are intended for fitment by qualified persons.
8.6. Parts damaged during installation or off-road use will not be considered faulty and will not be accepted for return by the Supplier.
8.7. Warranty claims
(a) The Customer acknowledges that the Parts may need to be returned to the Supplier to determine the fault/issue and whether the Customer is entitled to a warranty claim.
(b) The Customer is responsible for all postage or freight costs associated with the return of the Parts to the Supplier for assessment and replacement of Parts pursuant to a warranty claim.
(c) Where the manufacturer’s and/or importers warranty covers the replacement of the Parts only, the Customer is responsible for any labour, fitting or other expenses of or incidental to obtaining a repair or replacement of the Part.
(d) Where the Customer has contributed to the failure of the Parts, the Supplier may reject the warranty claim in which case, the Customer is responsible for the cost of retrieving the Parts.
(e) Any warranty is void if the Part has been modified, altered or tampered with by a person not authorised by the Supplier.
8.8. To the extent permitted by Law and except as expressly provided to the contrary in these Terms and Conditions, the Supplier shall not be liable (contractual, tortious or otherwise) to the Customer in respect of any loss or damage (including without limitation, consequential loss or damage) howsoever caused which may be suffered or incurred by the Customer directly or indirectly in respect of the supply and/or use of the Parts.
8.9. The Customer acknowledges that:
(a) if it elects to purchase for onsale or use in the repair or servicing of any vehicle, any part which is non-genuine or non-approved by the manufacturer of the vehicle involved, then the Customer or the owner of the vehicle concerned may be in breach of the terms of the vehicle’s warranty;
(b) for the purposes of section 54(4)(b) of the ACL, this clause 8 has the effect of specifically drawing to the Customer’s attention the possibility that the Part/s are not of acceptable quality because they are non-genuine or non-manufacturer approved Parts; and
(c) the Supplier does not warrant that the Parts are legal or safe for use with the intended vehicle or equipment. The Customer is responsible for ensuring that the intended use of the Parts is appropriate and compatible with the intended vehicle or other equipment and complies with all laws which apply to the Customer’s vehicle or equipment.