Terms and Conditions
1) Customer Acknowledgement. The Customer acknowledges agreement with these Terms and Conditions of Sale by the placement of an order to purchase product from AutoCoach Pty Ltd. This contract of sale is between the entity named on the invoice (the “Customer”) and AutoCoach Pty Ltd. All goods are supplied on these terms and conditions only and no person in the employment or otherwise as agent for AutoCoach Pty Ltd has any authority to supply goods on any other terms and conditions or to vary these terms and conditions in any way whatsoever. Previous dealings shall not vary or negate these terms and conditions in any respect. Unless agreed otherwise prior to purchasing, all sales shall be considered firm sales.
2) Warranty Information. All products sold by AutoCoach Pty Ltd are covered by a 12 months hardware warranty unless otherwise stated. For products that contain embedded firmware, AutoCoach Pty Ltd may provide updates available for customers to download. Such firmware updates will address software bugs and will be provided free of charge for a minimum of six months after the date of delivery. If any equipment has been damaged by accident, improper usage, or water ingress (with the exception of any items claimed to be water-proof), AutoCoach Pty Ltd will not be liable for cost of repair but will offer to replace damaged equipment with refurbished and tested materials at a reduced cost to that of full replacement.
3) Service and Maintenance. On some products sold by AutoCoach Pty. Ltd. periodic services or maintenance works may be performed. AutoCoach Pty Ltd warrants any parts repaired or replaced during the service for a period of three months but does not warrant any other aspects of the serviced products, if the equipment being serviced is outside the original warranty period.
4) Return or Exchange of Goods. AutoCoach Pty Ltd will gladly refund or credit goods returned within a reasonable time (generally 7 days) provided the goods are in original condition, original packaging, current version and not a special order or clearance item. Please note a restocking fee of up to 10% may apply, and the purchaser will be responsible for the return of the equipment in good condition and any associated freight charges.
5) Delivery of Goods. We place great importance on the fast and reliable delivery of Customers orders, however please note that delivery times are estimates only and AutoCoach Pty Ltd shall not be liable for delays.
If the Customer fails or refuses to take delivery of the goods, then in addition to all other rights and remedies of AutoCoach Pty Ltd, the Customer shall be liable for all loss and damage (including consequential loss and damage) suffered or incurred by AutoCoach Pty Ltd as a result thereof and AutoCoach Pty Ltd, at its discretion may charge a restocking fee of up to 10% of the purchase price
The goods shall be at the Customers risk at the point of delivery. The Customer, upon taking delivery of the goods, shall immediately examine the goods and give written notice to AutoCoach Pty Ltd of any defect within five (7) days of such date, failing which the goods shall be deemed to have been delivered in good order and condition and accepted by the Customer.
6) Title of Goods. The goods shall remain the sole and absolute property of AutoCoach Pty Ltd as legal and equitable owner and the Customer shall hold such goods as bailee only until such time as the Customer shall have paid the full price. The Customer shall be liable to AutoCoach Pty Ltd in respect of any loss or damage to the goods during such bailment.
7) Payment. The price shall be paid by the Customer in full without any deduction in respect of any claimed set-off or counterclaim (including any such set-off or counterclaim on account of any delay on the part of AutoCoach Pty Ltd in delivering any part of the goods) on or before the payment date. In addition to any other rights or remedies of AutoCoach Pty Ltd in the event of the Customer’s default hereunder, AutoCoach Pty Ltd shall be entitled:
a) To charge and recover costs incurred for the collection of payment (such as but not limited to collection agency fees and legal costs), check dishonor fees, interest at the current bank, overdraft rate plus two percent per annum from the due date for payment until payment in full;
b) To immediately and without notice retake possession of the goods (and for such purpose the Customer irrevocably licenses AutoCoach Pty Ltd, its employees, contractors, servants or agents to enter upon the premises at which the goods are located to so retake possession) and resell the goods after seven (7) days written notice to the Customer and thereafter recover from the Customer any amount by which the resale price is less than the price agreed to be paid by the Customer, together with all costs and expenses suffered or incurred by AutoCoach Pty Ltd as a result of the Customer’s default;
c) At the sole discretion of AutoCoach Pty Ltd charge a restocking fee of up to 10% of the purchase price.
d) At the sole discretion of AutoCoach Pty Ltd put the Customer’s account credit on hold and suspend the supply of goods and services (including Returns).
e) When payment is made from accounts other than Australian Dollar accounts, or currencies other than Australian Dollars shown for reference, the amount billed in local currency may not be the same as the nominal amount shown, as the exchange rate will be determined by your local bank or credit card provider, and the date of the exchange rate may be other then that of the online transaction.
8) Errors and Omissions. At AutoCoach Pty Ltd, we work hard to offer you the most competitive pricing and accurate product information. Due to technological development and product improvements, versions and availability advertised are subject to change without prior notice. Please be assured of our every effort to ensure the accuracy; however the documents and graphics published may contain technical inaccuracies or typographical errors. AutoCoach Pty Ltd makes no representations about the suitability of this information; it is provided “as is” without warranty of any kind. If an error is made or a product is listed at an incorrect price, AutoCoach Pty Ltd shall maintain the right to refuse or cancel any orders placed. If the order has been confirmed and charged to your credit card, AutoCoach Pty Ltd shall immediately issue a refund.
9) Health and Safety. It is the Purchaser's responsibility to ensure that all applicable health and safety regulations are observed and other appropriate steps taken in relation to the storage, handling and the use of the goods and, where information is supplied to the Purchaser on potential hazards relating to the goods, to bring such information to the attention of its employees, agents, sub-contractors, visitors and customers. Without prejudice to the foregoing, it is also the Purchaser's responsibility to provide safe facilities for the reception of goods into storage.
10) All Sales from AutoCoach Pty Ltd Made in Victoria. All sales shall be deemed made in the state Victoria, Australia regardless of the location of the Customer. The Customer agrees that any dispute with AutoCoach Pty Ltd shall be brought by the Customer exclusively in the state or federal courts situated in the State Victoria, Australia.
11) Goods and Services Tax ( GST) All Goods and Services Tax (GST) will be charged on those products that attract GST at the applicable rate when sold within the Commonwealth of Australia. For other countries, it is the purchasors responsibility to ensure any taxes or duties owing are pair to the relevant authorities.
12) Limitation of Liability. AutoCoach Pty Ltd, shall under no circumstances be liable for special, incidental, or (not reasonably foreseeable) consequential damages including loss of profit or opportunity, even if it has been advised of the possibility of such damages: the maximum liability for all direct damages, if any, arising out of any action shall be limited to an amount not to exceed the purchase price of the product. Subject to any applicable Commonwealth or State Legislation, AutoCoach Pty Ltd’s liability for any such breach shall be limited, at its sole discretion, to any of the following: a) Replacement of the goods or any part thereof; b) Supply of equivalent goods or any part thereof; c) Repair of the goods or any part thereof; d) Payment of the cost of replacing the goods or acquiring equivalent goods or any part thereof; e) The payment of the cost of having the goods or any part thereof repaired; or f) Refund of the goods upon return.
13) Force Majeure
AutoCoach Pty Ltd shall not be under any liability whatsoever for the consequences of any failure on its part to perform or delay in performing any obligation under the Contract when due, whilst and to the extent that such failure or delay is due directly or indirectly to any event of force majeure. Without limiting the generality of the foregoing, this includes any liability whatsoever for any delay in completion, delivery, despatch, shipment or arrival of the goods or in the tender of any documents or the like.
“event of force majeure” includes any acts of God, war, riots, strikes, lock outs, trade disputes, fires, break downs, mechanical failures, interruptions of transport, Government action or any other cause whatsoever, whether or not of a like nature to those specified above, outside the reasonable control of AutoCoach Pty Ltd.
If there is an event of force majeure, AutoCoach Pty Ltd will notify the Purchaser of the event and the likely impact on its performance under the Contract. If the event affect the capacity of AutoCoach Pty Ltd to complete its material obligations under the Contract in a timely manner, AutoCoach Pty Ltd may by notice to the Purchaser terminate the Contract without any liability whatsoever on its part arising from such termination.
14) General. AutoCoach Pty Ltd warrants that it has good title to all products it sells. In the event any section or portion of a section of these Terms and Conditions of Sale are deemed unlawful or unenforceable, that section or portion of a section shall be stricken from the Terms and Conditions of Sale, and the remaining terms shall continue in full force and effect. No variation or abrogation of these terms and conditions shall be effective unless it is evidenced in writing signed on behalf of AutoCoach Pty Ltd.