A. Subject to the buyer’s proper care and maintenance of the goods by an expert repairer the seller warrants that the goods will be operable for a term of 90 days (engines) or 30 days (spare parts) from delivery. To the extent permitted by law, the seller’s liability under this warranty is, at the seller’s discretion, limited to
ensuring that repairs are made, goods replaced or a refund is given and does not extend to any indirect, consequential or third party loss. This warranty is not transferrable. The Buyer is responsible for properly installing and maintaining the goods in accordance with manufacturer guidelines and instructions, failure to do so voids this warranty. This warranty does not cover fault, break down, damage or loss due to negligent installation, misuse, harsh environmental conditions, over-loading, accidents, alterations, modifications, overhauling, use in a manner that does not conform with manufacturer specification, lack of proper maintenance, continued use of the goods after any defect becomes apparent or ought to become apparent, or by the buyers own negligent act or omission.
B. The buyer acknowledges that the goods are bought relying solely upon the buyer’s skill and judgment, that the goods work without the requirement of any immediate repairs, the goods are second hand and have been subject to wear and tear. To the extent permissible at law all warranties express or implied, including implied warranties of merchantability or fitness for purpose are excluded or read down due to the second hand nature of the goods.
C. Depending on the price or age of the goods it may not be reasonable to expect that the goods will last as long, or to perform to the same standard, as new goods, conversely it may be reasonable for the goods to have a problem considering that the goods are secondhand, that no guarantee can be made about the use to which the goods will be put to, the price paid and age of the goods. Before buying it is suggested as a buyer you consider what you want the goods to do, inspect the goods thoroughly and satisfy your self that the goods suit the purpose for which they are intended.
D. The buyer shall inspect the goods on delivery and within seven days of delivery notify the seller of any alleged defect, shortage in quantity, damage or failure to comply with the seller’s quotation and or the buyer’s specifications. If the buyer fails to comply with these provisions the goods shall be deemed free from any defect or damage and to otherwise comply with the seller’s quotation and or the buyer’s specifications. The seller’s liability is limited to either repairing the goods or replacing them with similar or comparable goods. Returns will only be accepted within 30 days of delivery providing that the buyer complies with these terms and the seller agrees accept the return of the goods and the goods are returned in the same condition in which they were delivered together with all components, parts and accessories. Returns will not be accepted in the event goods were purchased for a vehicle make, body type and or body not compatible with the goods sold.
E.Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the Competition and Consumer Act (2010) and or each of the States and Territories of Australia equivalent, except to the extent permitted by those Acts where applicable.
F. Any goods not paid in full and left with the seller for repair, modification, exchange shall be subject to an equitable charge in favour of the seller who may retain the goods with a right to sell the goods to firstly apply to all amounts owing to the seller under these terms and conditions.
G. The seller must receive payment for the goods before delivery. Delivery takes place when the buyer takes possession of the goods at the seller’s premises or when the nominated carrier takes possession of the goods. The Buyer must pay for delivery costs at the same time that it pays for the goods. Risk in the goods passes to the buyer on delivery.
H. The buyer acknowledges receipt of these terms before it buys the goods. The buyer agrees that these terms and conditions govern the sale of the goods. This agreement is the entire agreement regarding the sale of the goods and supersedes all previous agreements, communications and representations. These terms and conditions and any contract to which they apply shall be governed by the laws of Victoria and are subject to the jurisdiction of the courts of Victoria.