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Terms and Conditions
1. Contract All Goods and Services provided by Grand Parts Pty Ltd (“GRAND PARTS”) are provided on theses Terms and Conditions (“Terms”).
2. Prices All prices are exclusive of delivery charges and are subject to alteration without notice to the Customer. Prices are exclusive of any applicable taxes and any after sale services costs. The “BUY-It-NOW” and “Pre-Order” prices are not the same. Freight cost will be determined at the time of the Order and must be confirmed and accepted by the Customer before the Order is accepted by GRAND PARTS.
3. Delivery, Risk of Loss and Receipt of Goods GRAND PARTS shall not be responsible for any loss or damage to Goods in transit. Risk of loss or damage to the Goods will pass to the Customer on delivery to the Customer’s carrier.
4. Termination An order cannot be changed or modified online once GRAND PARTS has sent the confirmation of invoice to the Customer. Both parties have the right to immediately terminate these Terms should an Event of Default occur. In the event that the Customer terminates an Order on unreasonable grounds or fails to meet the payment terms herein, GRAND PARTS shall be entitled to accept such as a repudiation of the Order and shall be entitled to retain or charge to the Customer fifty (50%) of the purchase price being a reasonable pre-estimate of its loss and damage.
5. Payment and Credit Payment terms are subject to GRAND PARTS’s credit approval and unless otherwise agreed in writing, payment shall be constituted by an up-front payment of fifty percent (50%) of the purchase price within ten (10) days of the Order, with the balance being paid upon delivery of the Order. When the Order is ready for collection or delivery, the Customer must notify GRAND PARTS of the date of delivery within five (5) days. If the Customer fails to collect or organise a delivery of the Order within twenty-one (21) days, the Order is considered terminated and GRAND PARTS is entitled to retain any payment made by the Customer and to resell the Goods.
6. Warranty Subject to clause 7 of these Terms, GRAND PARTS warrants Goods against defects in materials, treatment or workmanship and further warrants that Goods will conform with product specifications. If GRAND PARTS receives notice of defects or non-conformance with product specifications, it must either replace the affected Goods or supply equivalent Goods, repair the affected Goods, pay any reasonable cost of replacement of the affected Goods or pay any reasonable cost of repairing the Goods, the choice of which is at GRAND PARTS’s option. The above warranties do not apply to defects or damage to the Goods arising from improper use, storage, modification or other misuse not in accordance with the produce specifications or directions for use, whether by the Customer or any third party. Except to the extent that the exclusion, restriction or modification of certain conditions, warranties and rights is prohibited in the context of these Terms by the Trade Practices Act 1974 (Cth) or any equivalent State or Territory legislation or the Vienna Sales Convention as may apply to the supply of Goods hereunder, the above warranties are in lieu of, and the Customer hereby waives and GRAND PARTS disclaims, all other warranties, whether written or oral, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.
7. Limitation of Liability and Remedies GRAND PARTS’s liability is limited to the extent described in clause 6 above. Notwithstanding clause 6 above in no event will GRAND PARTS be liable for any of the following: actual loss or direct damage that is not listed in clause 6 above, damage or loss relating to the Customer’s procurement of substitute products, incidental, special, economic or consequential damages.
8. Retention of Title The property in the Goods supplied, the subject of a particular invoice does not pass to the Customer until GRAND PARTS has received payment in cleared funds for those particular Goods and payment in full of all other money owing by the Customer on any other account, whether or not that account relates to the sale of Goods. If the Customer fails to comply with any of the Terms GRAND PARTS, without notice, may take possession of the Goods which were the subject of this reservation of title, or trace the proceeds of their sale (as applicable) and recover the full amount owing to GRAND PARTS together with any interest and costs. The Customer must, to the extent reasonably possible, hold the Goods supplied by GRAND PARTS separately from other Goods held by the Customer and marked in a way that makes it clear that they are GRAND PARTS’s property pending payment in full of all monies herein mentioned. GRAND PARTS may, without prejudice to any of its other rights and without notice, retake and resume possession of any of the Goods which remains its property and for that purpose, by its employees or agents, enter the Customer’s premises, or any other such place as the Goods may be, without liability for trespass or any resulting damage if:
(i) There is a breach of any contract between GRAND PARTS and the Customer;
(ii) Any of the Events of Default listed in clause 11 happens; or
(iii) The Customer parts with possession of any of the Goods except by way of sale to its customers in the ordinary course of its business. GRAND PARTS may recover the price of the Goods by action, and may apply to wind up or bankrupt the Customer, if the Goods are not paid for within GRAND PARTS’s usual credit terms, even though property in the Goods has not passed to the Customer. Consistently with the Customer’s intended use of the Goods, the Purchaser must keep the Goods in such condition as the Goods were in when supplied, or in such closest condition as can be reasonably maintained. The provisions of this clause 7 will apply irrespective of any arrangement under which GRAND PARTS provides the Customer with credit. Theses provisions apply to the extent of any inconsistency between the two.
9. Acceleration of Payment All money which the Customer owes for Goods (including amounts which would not otherwise be payable until a later date) becomes immediately due and payable if the Customer, is a company and an application is made to wind up the Purchaser or a Receive, Receiver and Manager, Official Manager, Agent for Mortgagee or an Administrator is appointed in respect of any part of the Customer’s property, or an Inspector is appointed to investigate any of its affairs; or makes an arrangement or composition with its creditors or proposes to do so; or is unable to pay its debts as they fall due; or cease or threatens to cease to carry on tis business or has execution levied against any of its assets; or has a mortgagee enter or seek to enter into possession of any of its assets.
10. Severance If any provisions of this Agreement shall be held to be invalid or in any way unenforceable, it shall be severed and the remaining provisions shall not in any way be affected or impaired and this Agreement shall be construed so as to most nearly give effect to the parties’ intention when it was originally executed.
11. Events of Default The following are constitute an event of default:
(i) The Customer does not pay nay money due for payment under these Terms;
(ii) The Customer does not comply these Terms and if the default is capable of remedy, it is not remedied within five (5) days;
(iii) A representation, warranty or statement made or deemed to be made by the Customer under these Terms is untrue or misleading;
(iv) Any of the events under clause 9 takes place.
12. Force Majeure GRAND PARTS is not responsible for any failure to perform its obligations under these Terms, if it is prevented or delayed in performing those obligations by an event of force majeure. Where there is an event of force majeure, GRAND PARTS will notify the Customer giving full particulars of the event of force majeure and the reasons for the event of force majeure and will its reasonable efforts to mitigate the effect of the event of force majeure upon its or their performance of the contract and to fulfil its or their obligations under the contract. Upon completion of the event of force majeure GRAND PARTS will as soon as reasonably practicable recommence the performance of its obligations under this contract. An event of force majeure does not relieve a party from liability for an obligation which arose before the occurrence of that event, nor does that event affect the obligation to pay money in a timely manner which matured prior to the occurrence of that event.
The Customer has no entitlement and GRAND PARTS has no liability for:
(a) any costs, losses, expenses, damages during an event of force majeure; and
(b) any delay costs in any way incurred by the contractor due to an event of force majeure. An Event of Force Majeure is an event or circumstance which is beyond the control and without the fault or negligence of GRAND PARTS which includes, but not limited to, riot, war, civil commotion earthquakes, flood, fire or other physical natural disaster, strikes at national level, lock-outs.