Terms And Conditions
This document sets out the terms and conditions of trade (Terms) upon which Patrolapart Pty Ltd ACN127339806 (Patrolapart) will provide goods and services to you (Customer). Please read it carefully and if you agree to our Terms, sign at the end.
Loss includes, but is not limited to, all losses (including loss of business, loss of revenue, loss of contract, lost opportunity costs and other consequential loss), damages, costs (including legal), expenses or charges.
Intellectual Property means exclusive ownership to the trade secrets, copyright, trademark, patent, or design rights in or related to any of Patrolapart’s goods.
Used Goods means used mechanical goods (excluding electrical).
In these Terms, any words importing persons includes any individual, corporation or other body corporate, partnership, joint venture, trust, association and includes that person’s permitted assignees and successors.
Price and Payment, and Title and Risk
- These Terms apply to all transactions between Patrolapart and the Customer relating to the provision of goods and/or services.
- The Customer agrees to these Terms, upon part or full payment to Patrolapart, for any quotation, sales order or tax invoice.
- Quotes: The price for goods and/or services will be set by Patrolapart and offered on the issued quote (as varied); quotations are valid for thirty (30) days, after which time price adjustments may occur.
- Sales Order: The price for goods and/or services will be set by Patrolapart and stated on the issued sales order; sales orders over thirty (30) days old, are prone for price alterations.
- Tax Invoice: The price for goods and/or services will be set by Patrolapart and stated tax invoice issued.
- The total amount due and payable will be increased by the amount of any applicable GST, other taxes and duties.
- If a deposit is required, it will be due and payable at the time the goods and/or services are ordered.
- The payment terms will be set out in the invoice. Unless stated otherwise on the invoice or agreed between the parties in writing, payment is due and payable:
- at the time of issue of the invoice; or
- for online sales, on processing the order.
- Patrolapart accept payment made by cash on delivery, bank cheque, bank deposit, credit card, EFTPOS, PayPal, Zippay, bank credit card portal or by any other method as agreed between Patrolapart and the Customer. Patrolapart will not accept personal cheques.
- Penalty interest on overdue invoices will accrue daily from the date when payment becomes due until the date of full payment received as cleared funds, after as well as before any judgement, at the penalty interest rate set from time to time by the Penalty Interest Rate Act (Vic) 1983
- If the Customer defaults in payment of any invoice when due or breaches any obligations relating to payment:
- Patrolapart may exercise a lien on the Customer’s vehicle and withhold the provision of any further goods or services until the Customer has paid all amounts owing by it to Patrolapart,
- Patrolapart will not be liable to the Customer for any Loss the Customer suffers as a result of the above; and
- the Customer will indemnify Patrolapart from and against all Loss.
- the Customer must pay for its own legal, accounting and business costs and all costs incurred by Patrolapart relating to any default by the Customer under the Terms.
- the Customer will pay Patrolapart’s costs and disbursements incurred in pursuing any recovery action, or any other claim or remedy, against the Customer, including collection costs, debt recovery fees and legal costs on an indemnity basis.
- The title to the goods passes to the Customer when all amounts owed in relation to the goods have been paid in full, and the Customer will hold the goods as bailee and fiduciary agent for Patrolapart until that time.
- Risk in the goods passes to the Customer on the earlier of payment in full for the goods, the goods leaving Patrolapart’s premises or collection of the goods by the Customer.
- Price variances can occur due to lengthy delays between quotation and acceptance of pricing stated, long lead times for product received, increased production costs, freight costs. In these instances, the Customer will be advised.
- Where the Customer has requested a unique item not stocked by Patrolapart (“special order”), the Customer will be liable for full payment of the special order and once Patrolapart has ordered from the supplier, a special order cannot be cancelled.
Default and Consequences of Default
- Reiterated: Penalty interest on overdue invoices will accrue daily from the date when payment becomes due until the date of full payment received as cleared funds, after as well as before any judgement, at the penalty interest rate set from time to time by the Penalty Interest Rate Act (Vic) 1983.
- Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment received as cleared funds, after as well as before any judgement.
- If the Customer owes Patrolapart any money, the Customer shall indemnify Patrolapart from and against all costs and disbursements:
- incurred; and/or
- which would be incurred; and/or
- for which by the Customer would be liable;
in regard to legal costs on a solicitor and own client basis, internal administration fees, Patrolapart’s contract fees owing for breach of these Terms, including but not limited to, contract default fees and/or recovery costs (if applicable), as well as bank dishonour fees.
- Further to any other rights or remedies Patrolapart may have under these Terms, if a Customer has made payment to Patrolapart, and the transaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Patrolapart under these Terms where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Customer’s obligations under these Terms.
- Without prejudice to Patrolapart’s other remedies at law, Patrolapart shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to Patrolapart shall, whether or not due for payment, become immediately payable if:
- any money payable to Patrolapart becomes overdue, or in Patrolapart’s opinion, the customer will be unable to make a payment when it falls due;
- the Customer has exceeded any applicable credit limit provide by Patrolapart;
- the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
- a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
- (Used Goods) Patrolapart offers a conditional warranty on Used Goods, for a period of one hundred and eighty (180) days from the invoice date subject to these Terms. All Used Goods are checked carefully for serviceability but will have general wear and tear, and Patrolapart accepts no responsibility for the same and such will not be covered by any warranty.
- (Third Party Manufacturer’s Warranty) New parts may come with a manufacturer warranty, if so Patrolapart will provide details of the manufacturer’s warranty (where possible).
- (New Parts Manufactured by Patrolapart) Patrolapart offers a conditional warranty on new parts manufactured by Patrolapart for a period of three hundred and sixty-five (365) days from the invoice date subject to these Terms.
- Patrolapart will not recognise any warranty claim where any failure or defect is caused by:
- insufficient and/or incorrect oil and/or lubricants;
- overheating and/or heat tab missing;
- misuse, overloading, accidents or negligence;
- failure to carry out proper maintenance;
- third party repairs, alterations or dismantling;
- damage or abnormal use by the Customer or third party;
- improper application or installation;
- failure of the Customer or a third party to comply with clause b. of these Terms; or
- an event outside the control of Patrolapart.
- Any warranty offered by Patrolapart is not transferrable.
- In respect of engines sold by Patrolapart:
- engines are sold as long bare and any accessories/parts and manifolds attached/fitted to the engine do not form part of the warranty offered by Patrolapart (such parts are generally retained only to seal the engine during transit/before installation), such accessories/parts and manifolds are not tested by Patrolapart and using the same is likely to damage the engine. To the extent permitted by law, Patrolapart will not be liable to the Customer or any third party choosing to use such accessories/parts and manifolds;
- the Customer must ensure any accessories/parts and manifolds to be attached/fitted to the engine are tested and suitable before using the same with the engine (for example, testing to ensure the accessory or manifold is not faulty, is correct for the intended use and meets the manufacturers specifications for use with the engine), whether the accessories/parts and manifolds are already existing in the vehicle, owned by, or to be owned by, the Customer, or otherwise obtained. The Customer acknowledges, the failure to test accessories/parts and manifolds to be attached to an engine may damage the engine; and
- when making a warranty claim, the Customer must prove an accessory/part or manifold attached to the engine was tested in accordance with clause b.
- No warranty, exchange or refund is offered for change of mind.
- On any approved warranty claim, Patrolapart reserves the right to supply the Customer with replacement goods of the same nature; Used Goods will be replaced with similar used goods. Where replacement goods are not available, Patrolapart reserves the right to offer the Customer a partial or full refund instead. To the extent permitted by law, Patrolapart is not liable for any Loss relating to expenses incurred by the Customer except as set out in these Terms.
- To the extent permitted by law, Patrolapart will not accept liability for any Loss, including repair, replacement, refund or other expenses incurred by the Customer, for any incorrect orders based on incorrect, improper or incomplete instructions given by the Customer.
- Unless agreed otherwise in writing between Patrolapart and the Customer, Patrolapart must be given the opportunity to rectify goods requiring repair under these warranties before the goods are provided to a third party.
- If the goods malfunction and/or the Customer believes they have a warranty claim, the Customer must contact Patrolapart using the contact information provided at the foot of these Terms and provide Patrolapart with a copy of the invoice of purchase and an outline of the issue. If contacting Patrolapart outside the warranty period, the Customer must prove that the issue arose during the warranty period. After contacting Patrolapart, the Customer will be advised of the next step. Patrolapart reserves the right to assess the goods or have the goods inspected by a third party of Patrolapart’s choice. The Customer is responsible for the cost of making a warranty claim, including postage and inspection costs, however, with the exception of engines, if the warranty is approved, Patrolapart will reimburse the Customer for the reasonable cost of standard postage within Australia of the goods sent to Patrolapart.
- A Patrolapart warranty is in addition to other rights and remedies that may be available under the law.
- Patrolapart goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, the Customer may be entitled:
- to cancel the Customer’s service contract with Patrolapart; and
- to a refund for the unused portion, or to compensation for its reduced value.
The Customer may be entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or service does not amount to a major failure, the Customer may be entitled to have the failure rectified in a reasonable time. If this is not done, the Customer may be entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. The Customer may be also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
- To the extent permitted by law, except as provided in these Terms, all express and implied warranties, guarantees and conditions under statute or general law as to merchantable quality, description, suitability, or fitness of the goods and/or services for any purpose or as to design, assembly, installation, materials or workmanship or otherwise is expressly excluded.
Intellectual Property and Information
- The Customer acknowledges Patrolapart’s exclusive ownership to the Intellectual Property and will not claim any right, title or interest in the Intellectual Property nor use any of the Intellectual Property other than necessary for the proper use of the goods.
- The Customer must not disclose any information that is not in the public domain about Patrolapart or its suppliers, customers, trade secrets, pricing structures, marketing plans, products, or product specification.
- Transit times are estimates only and all transit times are supplied to Patrolapart by the individual freight carriers.
- Transit times are not set by Patrolapart and therefore Patrolapart cannot be held responsible for transit delays out of Patrolapart’s control.
- No delivery estimate is guaranteed; the Customer should allow extra time for order processing and transit times.
- These Terms are governed by the laws of Victoria. The parties submit to the exclusive jurisdiction of the courts of Victoria.
- Patrolapart’s failure to enforce any of these Terms will not be construed as a waiver of Patrolapart’s rights.
- If any Term is unenforceable, it will be read down to be enforceable or, if it cannot be read down, the Term will be severed from the Terms without affecting the enforceability of the remaining Terms.
- Patrolapart may assign, license or sub-contract all or any part of its rights and obligations under these Terms, to another person without notice to the Customer. The Customer must not assign or transfer all or any part of its rights and obligations under these Terms to another person without the written agreement of Patrolapart.
- These Terms take precedence over terms contained in any document of the Customer or elsewhere.
- The Customer agrees to the terms of the Privacy Act 1988.