A. This quotation is not an offer to contract by the company, but a mere invitation to treat and may be altered or withdrawn at any time. Any offer to buy by the buyer based upon this quotation shall be subject to these terms and conditions and such offer may only be accepted by the company when made in writing or by payment of a deposit. Variation of these terms and conditions may only be effected by the written consent of the party.
B. If The Buyer sells or supplies the goods to a consumer The Buyer shall ensure that at the time of sale or supply each product safety standard and each consumer information standard which applies to the goods is complied with, and also that the sale or supply of the goods is not in breech of the provisions of any statute or ordinance or any by-law regulation order or notice made there under whether the same imposes any requirement in relation to the composition of contents, design, construction, finish or packing of the goods, or any warning or instructions which are to be marked upon or accompany the goods, or any other matter. The Buyer agrees to indemnify the company in respect of any claim made against it by reason of the breech by the Buyer of any these terms and conditions.
D. All and any Goods or Services supplied to the Buyer shall be subject to the Terms and Conditions, unless a waiver or change is agreed between the Parties in writing prior to quotation. Acceptance of this quotation and/or delivery of the Goods is deemed to be acceptance of these Terms and Conditions, notwithstanding anything that may be stated or implied to the contrary by an enquiry, quotation or in a Purchase Order placed by the Buyer.
E. The failure by the Company to insist upon strict performance of any term or condition herein shall not be deemed a waiver thereof or any rights of the Company and shall not operate to relieve the Buyer from complying with any such term or condition subsequently.
F. Any description of any of its goods by ALLOY MOTOR ACCESSORIES, whether contained in any quotation or any other document or pamphlet, or given verbally, shall not constitute any contract of sale by description, even where a sample of the goods have been exhibited to and inspected by the Buyer. Any sample is exhibited, and Buyers acknowledge that any sample is inspected by them solely to enable Buyers to judge the quality of the goods and not so as to constitute a sale by sample.
The only conditions, warranties, representations or statements which are binding on the Company are those which are set out in this Quotation or required by law to be binding on the Company. Insofar as it is lawful so to do all conditions and warranties whether expressed or implied by law, and all representations and statements which would otherwise be binding on the Company are expressly excluded. Without limiting the generality of the foregoing unless responsibility is specifically accepted in writing the Company, or the Company is required so to do by law, the Company does not give any warranty expressed or implied, as to the correctness of design or suitability of material for the use of the articles intended by the Buyer.
All information offered in any documents or leaflets, or given verbally, is offered in good faith as a service for your consideration, adaptation and verification, ALLOY MOTOR ACCESSORIES accepts no responsibility or liability therefore.
Any times quoted for delivery (fitting) are estimates only and the company shall not be liable for failure to deliver or any delay in delivery (fitting) arising from any cause whatever beyond the Company’s control. The Buyer shall not be relieved of any obligation to accept or pay for goods by reason of any delay in delivery (fitting) or despatch. The company reserves the right to deliver by instalments, and each instalment shall not entitle the Buyer to repudiate the contract. The Company shall not be responsible for any loss or damage occurring after the goods have been delivered (fitted). Unless otherwise agreed to, the goods shall be delivered by the Company to the place of business of the Buyer.
The Company shall warrant prices for a period of 30 days from the date of quotation. The Company reserves the right to revise its prices at any time prior to despatching any order beyond this 30 day period. The prices quoted are based on the Company’s list prices and/or cost of labour and materials ruling at the time of the Contract; any variation for the Buyer’s account. All prices quoted are inclusive of Sales Tax now in force or to be enacted.
The Company reserves the right to request a deposit of funds on order placement. Where such a request is made, acceptance of orders shall be conditional upon the receipt of requested deposit in the Company's nominated banking facilities. At no time will the Company accept either personal or company issued cheques as payment. The Company reserves the right to refuse the use of credit cards and/or charge a financial administration fee in the amount of 2.5% of the total invoice value for the use of such cards in settlement of invoices.
All claims in respect of goods sold must be lodged with the Company within 7 days after delivery. The return of goods will not be accepted unless the Company shall first have proved to its satisfaction that the goods are defective due to faulty material or workmanship and unless the goods are returned, freight paid by the Buyer and free from damage, soiling and wear and tear and including an invoice/credit note reference, within 14 days of delivery. No claim shall in any event exceed the contract price as the specified item in respect of which a claim shall arise. In particular the company shall not be liable for any consequential loss or damage suffered by the Buyer. All damage above such contract price shall be borne by the Buyer. The Company reserves the right to replace returned goods or credit the value of such goods less any freight costs at its sole discretion. Where goods are non-stock items or items that have been modified at the Buyer’s request the Company will not offer a credit option on claims. The existence of a claim or intention to make a claim does not represent a waiver for the Buyer to meet obligations in respect of payments that may be due to the Company for supply of goods either subject to claim or otherwise.
The Company shall offer an extended warranty against defects in goods due to faulty material or workmanship. This warranty specifically excludes fitness for purpose which remains the Buyer’s obligation to determine prior to delivery (fitting) and also excludes defects attributable to incorrect fitting of goods where such fitting is undertaken by the Buyer or a Third Party and excludes where the goods are altered, modified or have been subject to any unusual or non-recommended use, servicing or handling. In addition, this warranty specifically excludes claims for consequential damages to vehicles, vehicle systems, other vehicle components and voidance of vehicle warranties arising from and as a result of fitting custom items requested by the Customer. On order placement for custom components the Customer acknowledges the waiver of all entitlements to make such claims and indemnifies the Company against all such third party claims. The Company reserves the right to repair or correct or replace or credit the value of any goods accepted under warranty claims at its sole discretion. The Company's total and maximum liability under all warranty claims shall not exceed the original invoice value of such goods. All warranty repairs or corrections shall be undertaken at The Company's facilities or nominated premises without exception.
1. Alloy Tray Bodies - 36 calendar months, excluding tail-light and electrical assemblies/components and toolboxes
2. Vehicle Frontal Protection Units (VFPU) - 24 calendar months, excluding light fittings & painted/powder coated finishes
3. Ladder Rack Systems - 12 calendar months, subject to use within the certified load rating
4. All other components - 12 calendar months
9.PROPERTY IN THE GOODS
All goods supplied by the Company remain the property of the Company until full settlement of all outstanding funds. Settlement shall be deemed to be credit to the Company’s bank account. The Company reserves the right to recover goods for which full settlement has not been received and to charge the Buyer with any and all costs reasonably incurred in the recovery of such goods.
The Company may at its sole discretion require the lodgement of a deposit against the total invoice value of all orders at the time of placement of such orders. Deposits shall nominally be required at the rate of 10% of the total invoice value for orders not exceeding $1500.00 and 20% for orders exceeding $1500.00. Deposits may be refundable at the sole discretion of the Company for cancelled orders in accordance with these terms and conditions. Deposits for non-standard or custom design and manufactured products shall be non-refundable.
Cancellation of orders will be accepted on terms which compensate the Company for all work done and materials used or specified prior to the date of cancellation. A minimum administration fee of $50.00 shall be charged by the Company and at its discretion for all cancellations.
From time to time and due to availability of materials, manufacturing capacity and/or changes to vehicle specifications, the Company reserves the right to supply substitute components not manufactured by the Company. In all such cases, the substitute component shall be of equivalent quality and manufactured by approved suppliers using designs, processes and materials in accordance with AMA's Quality Program, Industry Standards and applicable regulatory provisions. Where substitute components differ substantially in function, materials or finish, the Company will provide advice representing such differences prior to supply and/or fitting. The use, supply and/or fitting of substitute components does not waive any rights or obligations expressed or implied by the Terms and Conditions contained herein.
The Company exercises all reasonable care in conducting the fitting of accessories to customer vehicles. However, the Company ACCEPTS NO LIABILITY for LOSS or DAMAGE to vehicles, vehicle components or parts while on the Company's premises or where committed into the care of Company personnel in the course of external 'on-site' fitting. Any vehicle components or parts left on the Company premises for later recovery must be recovered within 7 days of the fitting date. The Company reserves the right to dispose of any components or parts left on its premises for a period longer than 7 days unless otherwise agreed in writing. Such agreement does not imply any acceptance of liability for such components or parts.
The Company may agree to remove a style-side unit or other components from a vehicle when requested and as an additional Customer Service. By placement of a Purchase Order, Deposit or Authorisation to Proceed, it is explicitly acknowledged by the Customer that while the Company will make every effort to avoid damage to the vehicle and style-side or other components in the process of completing this service, the Company is NOT liable for any damages that may occur. Further, by acceptance of this additional service, the Customer specifically absolves the Company from any and ALL liability for claims for damages, repairs or compensation resulting from such damage. Where this additional service is requested and provided on behalf of a third-party, the third-party explicitly agrees to indemnify the Company against ALL claims by the Customer for damages, repairs or compensation resulting from this additional service.
The Customer may request and the Company agree to load a style-side unit on a tray body to allow the Customer to remove the style-side unit from the Company's premises. By making such a request, the Customer absolves the Company from any and ALL liability and claims resultant of damages that may occur to the vehicle, style-side unit and fittings.
The Company reserves the right to use information related to completed vehicle fit-outs in promotional activities, including but not limited to promotional brochures, web-site listings and Trade Shows. Such information may include descriptions and images. Where applicable, the Company will remove, obscure or refrain from publishing or sharing personal information or information that may represent the Intellectual Property of individuals and organisations. From time to time the Company may seek permission from Intellectual Property holders to use such information for promotional purposes. While the Company shall exercise due care in the use of such information, the Company shall not be deemed liable for any errors, omissions or breaches of confidentiality associated with such use.
Except where it is required so to do by law, the Company does not give any warranty or accept any responsibility to ensure that goods produced by it comply with the requirements of any legislation relating to the marketing and/or packaging of goods. Insofar as it is lawful so to do, any such warranty is expressly excluded.