Terms and Conditions
TERMS & CONDITONS OF TRADE
Unless the context indicates otherwise:-
1.1 “the Company” means DAM Classic Racing Pty Ltd under the ACN 627 690 304
1.2 “the Customer” means the person to whom the contract is addressed.
1.3 “Delivery” takes place on the date of dispatch of the Goods to the Customer.
1.4 “the Goods” means motorcycle accessories, parts, racewear, racing equipment and associated objects and/or services sold by the Company
2.PURCHASE PRICE VARIATION
2.1 Prices are strictly nett of all GST, customs or excise duties and other changes or fees levied in respect of the sale or delivery of the Goods and/or services unless otherwise stated.
2.2 Where any taxes, duties or other charges or fees are levied or imposed on the Company the amount will be added to the price payable by the Customer.
2.3 Prices are FOB (free on board) the nominated sales office of DAM Classic Racing Pty Ltd unless otherwise stated.
2.4 Specifications and information received after the Customer’s receipt of the quotation and/or the Company’s receipt of the confirmation order, that were not referred to in the company’s quotation, may be subject to price variation.
2.5 Advertised prices that are not accompanied by electronic ‘Add to Cart’ or ‘Buy Now’ facility are subject to change without notice.
3. OFFER AND ACCEPTANCE
3.1 All verbal and telephone orders must be accompanied by written confirmation within one week of date of order. Production or delivery errors as a result of verbal orders will be charged to the Customer.
3.2 The Company reserves the right to accept in whole or in part or reject any order submitted by the Customer.
3.3 Following acceptance by the Company, orders are not subject to cancellation or modification except upon written approval by the Company and will be subject to cancellation charges as determined by the Company.
4.1 The Company may offer discounts by such amounts and on such terms as it determines from time to time.
4.2 Discounts are given at the discretion of the Company. If there are any outstanding debts beyond the agreed terms, any further transactions allowed will be nett.
5. TERMS OF PAYMENT
Unless credit has been approved by the Company, the Customer will make full payment:-
5.1 In cash upon delivery of standard Goods and/or Services: or
5.2 When placing its order for special or non-standard Goods or Services, when using electronic ‘Add to Cart’ or ‘Buy Now’ facility.
5.3 Upon settlement, Goods will be dispatched without delay unless notification of possible dealy is displayed on the homepage and at the Checkout process. Ten (10) days should be allowed for process of electronic bank transfer.
5.4 Customers submitting Return to Drawer cheques will thereafter be treated as nett cash Customers at the discretion of the Company.
5.5 Interest on all overdue payments will be levied at the company’s current overdraft rates.
6. DELIVERY (Within Australia and International)
6.1 Time for delivery of the Goods and/or Services shall not be regarded as being of the essence.
6.2 Under no circumstances may the Customer deny a signature evidencing receipt of Goods and/or Services by it.
6.3 In the event that the Goods are detained or refused at time of import by the country’s Customs Agency for any reason the Company will credit a full refund of the Goods less the total shipping charges including any return charges. This refund is processed when the Goods are returned to us.
6.4 If an order/package of the Goods is refused and sent back to us with outstanding charges incurred during delivery, we will apply all charges to the purchaser’s account and deduct the charges directly from the credited amount due to the Customer for the return upon receipt of the returned package of the Goods.
6.5 All orders of the Goods shipping to a destination outside of Australia are subject to the import duties, fees, and taxes of the destination country. Delays in delivery may occur if a package of the Goods is randomly selected by a country’s Customs Department or Agency for inspection. DAM Classic Racing Pty Ltd has no control over the process or additional charges associated with the delivery and importation of an order/package of the Goods into the country of the Customer and is not responsible for any duties, fees, or taxes that are incurred during the delivery or return of the Goods to DAM Classic Racing Pty Ltd. It is the responsibility of the Customer to obtain any necessary governmental permission and/or documentation for import approval, as well as to verify and pay all import charges including duties, fees, and taxes associated with the import of the Goods.
7.1 No Goods will be returned by the Customer without written approval of the Company.
7.2 All unapproved returns will be refused and returned to the Customer at its expense.
7.3 Goods supplied as Special Order are not returnable.
7.4 Goods returned due to customer 'change of mind' will attract a 20% Re-stocking Fee.
8.1 The Company warrants that each of the Goods and/or Services will be free from defects in materials and workmanship for a period of 28 DAYS after the Delivery.
8.2 The Company shall repair or replace, at its absolute discretion any of the Goods and/or Services determined by the Company to be defective during the warranty period. This is the Customer’s sole and exclusive remedy for Goods which do not meet this warranty. The Customer must notify the Company in writing of the claimed defect promptly after its detection and in no event later than seven (7) days after the expiry of the warranty period.
8.3 The Company will have no responsibility for damage caused to the Goods and/or Services:-
8.4 During transit, handling or installation: or
8.5 By unintended use or abuse or improper storage,
8.6 Installation, maintenance, operation or repairs by the Customer or by any other person not under the Company’s supervision.
8.7 Goods and/or Services are sold for racing use only.
9.1 Any advice, recommendation, information or representation provided by the Company as to the quality or performance of the Goods and/or Services or their suitability for a particular purpose is given in good faith but without any liability or responsibility.
9.2 The Customer acknowledges that it has not relied upon or been induces by any representation by the Company not expressly set out in these conditions.
9.3 The Customer acknowledges that any advice, instruction or recommendation for Goods and/or Services is given in good faith and is opinion only. It is accepted that the Goods will be installed, fitted and maintained by a suitably qualified mechanic or engineer.
10. PROPERTY AND RISKS
10.1 Risk of loss, damage or deterioration of the Goods and/or Services passes to the Customer upon delivery.
10.2 Goods and/or Services supplied to the Customer by the Company shall remain the sole and absolute property of the Company as legal and equitable owner until the purchase price of the Goods and/or Services has been paid to the Company.
10.3 Until the Goods and/or Services supplied are paid in full:-
10.4 The Customer acknowledges that it is in possession of the Goods and/or Services solely as bailee for the Company.
10.5 The Customer shall store the Goods and/or Services separately from its own Goods and/or Services or those of any other person, in a manner which renders them clearly identifiable as the Goods and/or Services of the Company.
10.6 The Company (without prejudice to any of its other rights) without previous notice may retake and resume possession of Goods and/or Services which remain the property of the Company and may enter the Customers premises or any other place where the Goods and/or Services may be for that purpose upon the occurrence of one of the following events:-(where the Customer is a corporation) the Customer be wound up or is placed under official management or a receiver is appointed or an encumbrancer takes possession of its undertaking or property or any part thereof: or (where the customer is a natural person) the Customer becomes insolvent or bankrupt or commits any act of bankruptcy or assignment of the benefit or a creditor: or:
10.7 The Customer fails to pay the whole or any part of the purchase price or delivery or other charges for the Goods and/or Services supplied hereunder or any other Goods or services supplied to the Customer by the Company when due; or
10.8 The Customer parts with possession of the Goods and/or Services otherwise than by way of sale in the ordinary course of the Customer’s business: or
10.9 Any other terms or conditions between the Company and the Customer are breached by the Customer.
11.1 The Company shall be under no liability for injury, loss or damage of whatsoever kind or howsoever caused or by anything done or omitted to be done in connection with the Goods and/or Services.
11.2 The Customer shall not have any claim of any nature whatsoever against the Company or it’s associates or employees for any failure by the Company to carry out any of its obligations as a result of a force majeure.
12. LIMITATION OF LIABILITY
12.1 Notwithstanding anything to the contrary herein contained:-
12.2 The Customer accepts all risk and responsibility for the performance of the Goods and/or Services being sufficient and suitable for its purpose.
12.3 The Company shall not be liable for any consequential damages or loss of whatsoever nature in any circumstances.
12.4 The Company shall not be liable for any loss suffered by the Customer or for the damage to the Goods and/or Services subsequent to Delivery.
12.5 Motorcycling is dangerous and in the circumstances the Company cannot guarantee absolute protection in respect of the Goods and/or Services.
12.6 The Goods and/or Services sold by the Company or depicted in any of its catalogues or websites is intended for off highway use and provides limited protection. Notwithstanding, injuries may occur.
12.7 The effectiveness, warranty and longevity of Goods and/or Services is directly related to the manner in which it is installed, used and maintained. Individual race sanction organisations are responsible for establishing and enforcing safety requirements for events under their control. You are therefore required to liaise directly with such organisations regarding assumed risk, safety regulations and standards of compliance in respect of the Goods and/or Services. The Customer assumes all risk and no warranty or representation is made as to the ability of the Goods and/or Services to protect against such risk.
12.8 Due to the intended use of performance motorcycle products, D.A.M. Classic Racing products and each part thereof, are sold "AS IS” and with all faults. To the fullest extent allowed by law, D.A.M. Classic Racing makes NO written, oral, expressed, or implied statement of warranty or guarantee on any product or part sold. DAM Classic Racing or any person or body associated with D.A.M. Classic Racing will not be liable for any direct, indirect, incidental, consequential, or special damages, including but not limited to, damage, injury, loss of life, loss of property or equipment, loss of profits or revenue, or claims from any individual or entity arising from the use of any D.A.M. Classic Racing product or service.
12.9 MOTORCYCLE RIDING AND RACING IS A DANGEROUS ACTIVITY AND PURCHASERS OF DAM Classic Racing PRODUCTS AND/OR SERVICES ACKNOWLEDGE THE INHERENT RISKS ASSOCIATED. DAM Classic Racing MAKES NO REPRESENTATIONS THAT ITS PRODUCTS AND/OR SERVICES CAN REDUCE OR ELIMINATE ANY SUCH RISK.
12.10 D.A.M. Classic Racing products and/or Services are NOT FOR STREET, HIGHWAY, OR AIRCRAFT USE and are intended ONLY for race vehicles operated on closed-course facilities or race tracks with appropriate supervision of qualified technicians or mechanics to ensure that the safety needs of the race driver and others are met.
12.11 D.A.M. Classic Racing products and/or services could be combined with other products or parts or services which may not be suitable and could adversely affect performance of other parts or the vehicle. The user shall determine the ultimate suitability and safety of the product for its intended use, and the user assumes all responsibility and risk in connection therewith.
13. ENTIRE CONTRACT
13.1 The Contract constitutes the entire agreement between the Company and the Customer and supersedes and novates all offers, tenders and quotations.
13.2 The Customer acknowledges that it has not been induced to enter into this agreement by any representations whatsoever made by or on behalf of the Company.
All notices that may be given pursuant to the Contract shall be deemed to have been received:-
14.1 If posted by prepaid post two (2) days after the date of posting:
14.2 If delivered by hand, on the date of delivery;
14.3 If sent by facsimile transmission, on receipt by the sender of the Activity Report as to the successful transmission.
14.4 If sent by Email transmission, on the presence of the transmission appearing in the sender’s Sent Folder.
Each clause in this Contract is severable the one from the other and if any clause is found to be defective or unenforceable for any reason by the competent court, the remaining shall be of full force and effect.
16. JURISDICTION AND LAW
These Terms are governed by and must be construed in accordance with the laws of the State of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, their performance and subject matter.