MIDLAND 4WD CENTRE PTY TD – TERMS AND CONDITIONS

This quote is given on the basis that, if accepted, the Customer and the Company agree and acknowledge that these Terms & Conditions will apply in relation to any goods and services provided by the Company to the Customer. The Customer acknowledges that it has read and understood these terms and Conditions. 

  1. Definitions 

Agreement means these signed terms and conditions. 

Company means Midland 4WD Centre Pty Ltd (648 761 139) t/as Midland 4WD Centre.

Customer means an individual or business who receives goods or services from the Company.

Vehicle means motor Vehicle undergoing a service, including Engine Control Unit Remapping, from the Company. 

  1. Payment and Charge 
    1. If the Customer has an account with the Company, the Customer will pay the Company’s invoices within 30 days of end of the month that the invoice is issued to the Customer. 
    2. If the Customer does not have an account with the Company, invoices are payable immediately.
    3. Claims for credit, return, incorrect or faulty supply must be made within 7 days of the invoice date.
  1. Goods Supplied by the Company
    1. Responsibility for, and risk of loss or damage of, goods in transit is carried by the purchaser. 
    2. Goods returned for credit are subject to a minimum 10% restocking fee. 
    3. Goods supplied will remain the property of the supplier as above until paid in full. 
    4. Warranty claims MUST be accompanied by all original invoicing, fitting details & specifications required by the manufacturer. Failure to do so may slow processing and void warranty. 
    5. Quoted fitting prices are based on equipment fitted to new, unmodified vehicles. Fitting products to older, modified vehicles will incur charges where products are difficult to fit. 
    6. Prices are subject to change without notice. 
    7. Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods.
  1. Default 

If a Customer defaults in payment of any of the Company’s invoices then: 

  1. All monies owed by the Customer to the Company will immediately fall due and payable; 
  2. The amount owed to the Company will accrue interest at a rate of 10% for each day payment is not made after payment has fallen due. 
  3. The Customer will pay the Company’s costs or expenses incurred by the Company in relation to any actual or contemplated enforcement of the Agreement, or the actual or contemplated exercise, preservation or consideration of any rights, powers or remedies under the Agreement which includes legal costs and expenses and collection charges on a full indemnity basis.
  1. Customer Entitlements 

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. In addition to the rights and remedies to which you may be entitled under the Australian Consumer Law, we provide an extended warranty in relation to the services carried out on the Vehicle (“the Extended Warranty”). Under the Extended Warranty you will be entitled to the following benefits:

  1. If a fault develops that is directly related to the work we have carried out we will attempt to fix the fault. 
  2. If the Company cannot fix the fault then the Company reserves the right to remove the part, accessories or software installed on the Customer’s Vehicle and return it to its original condition. 
  1. Costs not covered by the Company under the Extended Warranty to the Customer includes:
    1. All costs associated with claiming the warranty including, but not limited to, any postage, delivery and traveling costs; 
    2. Any consequential, indirect or incidental damages, loss, cost or expense resulting from the failure of the Part or for any service not expressly provided herein;
  1. General Provisions 
    1. Work performed on your Vehicle may result in the loss of any user-generated data.  Please ensure that you have made a copy of any data.
    2. Vehicles presented for repair may be repaired using refurbished parts.
    3. All Off Road Products, 50mm+ lift suspension components & kits are supplied at Customer’s risk. 
    4. To the full extent permitted under law (including the Australian Consumer Law) the Company gives no warranty to the Customer in relation to the condition or capabilities of the good or services supplied by the Company. Where those laws allow the Company to limit liability for breach of implied conditional warranty, the Company hereby limits liability to replacement, repair or resupply. In particular, to the extent permissible, the Company will not be liable to the Customer or any other person for any indirect or consequential loss or damage. 
    5. Any warranties, representations, or implied terms that may be implied pursuant to the Fair Trading Act (WA) or the Sale of Goods Act (WA) or any similar legislation are expressly excluded from this Agreement. 
    6. Except to the extent the provider is otherwise liable at law, including the Australian Consumer Law, the Customer releases and holds harmless the Company (and its agents and employees) from all claims for loss and damage to their personal property, or that of any person left in the vehicle, which is received, handled or stored by the Company at any time before, during or after this rental period, whether due to the Company’s negligence or otherwise. 
    7. This Agreement is governed by and will be construed in accordance with the laws of Western Australia and the parties submit to the non-exclusive jurisdiction of Western Australian courts. 
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