Terms & Conditions

1. Heavy Duty Parts Australia may, at its discretion, accept an order for the purchase of Goods or the provision of Services. Upon acceptance of the order by Heavy Duty Parts Australia, the parties shall be contractually bound, and these Terms shall be incorporated into (and shall take precedence over any terms and conditions under which You may trade), forming part of the contract between us.
2. If You are granted a line of credit (in writing) by Heavy Duty Parts Australia, unless otherwise stated, payment for all Goods supplied to You must be made within 30 days from the end of the month in which they were supplied. Failure to comply may result in your account being placed on immediate “stop credit,” with further supplies provided strictly on a cash basis. Heavy Duty Parts Australia reserves the right to withdraw a previously granted line of credit at any time.
3. You must reimburse Heavy Duty Parts Australia for any additional costs incurred, including debt collection and legal fees, in recovering (or attempting to recover) any overdue payments, even if title to the Goods has not passed to You.
4. Delivery of Goods will take place at Heavy Duty Parts Australia’s premises. Unless otherwise agreed, You are responsible for arranging and covering the cost of freight from Heavy Duty Parts Australia’s location.
5. Risk in the Goods passes to You upon collection, delivery, or dispatch, whichever occurs first.
   5.1 Once the Goods are collected from Heavy Duty Parts Australia or consigned to You, You assume responsibility for any loss, damage, or deterioration of the Goods.
6. Unless otherwise stated on the Invoice all Goods are sold in an “as is, where is” condition.
7. Subject to terms implied by law and not capable of exclusion Heavy Duty Parts Australia does not warrant the fitness of any Goods for your purpose. You will rely on your own knowledge and expertise in selecting any Goods and as to the suitability and fitness for any required purpose.
8. You acknowledge that Heavy Duty Parts Australia and its agents have not made any warranty, guarantee or representation in relation to the Goods on which You have relied, apart from those which You have expressly received in writing from Heavy Duty Parts Australia.
9. Any working drawings, specifications and samples which are produced by Heavy Duty Parts Australia are merely representative of the Goods, as are any forms, dimensions and samples and descriptions.
10. Ownership of the Goods will not transfer to You until full payment of the purchase price and all other amounts due, including costs of transit, delivery, services, labour, and materials, has been received.
11. You acknowledge that, until ownership of the Goods transfers to You, You hold the Goods as a bailee on behalf of Heavy Duty Parts Australia.
12. Unless otherwise stated the price stated by Heavy Duty Parts Australia in the offer is exclusive of Goods and Services Tax (GST).
13. The price, or any portion of the price, along with all other amounts payable to Heavy Duty Parts Australia, must be paid in full without any deductions, set-offs, or counterclaims, unless prior written approval has been obtained from Heavy Duty Parts Australia.
14. All claims to be made in writing.
15. To the extent permitted by law, Heavy Duty Parts Australia’s liability for a breach of these terms, including for a breach of a condition or warranty implied by Pt 3-2 Div 1 of the Australian Consumer Law or pursuant to section 274 of the Australian Consumer Law, is limited to:
    a) In the case of Goods, any one or more of the following:

    i. The replacement of the Goods or the supply of equivalent Goods;

    ii. The repair of the Goods;

    iii. The payment of the cost of replacing the Goods or of acquiring equivalent Goods;

    iv. The payment of the cost of having the Goods repaired;
    b) Is not liable for any prospective profits, or special indirect or consequential damages, or any general loss or damage, or for any expense resulting from use by You or others of defective Goods.
    c) Liability is limited to the amount identified in the preceding paragraph. You must first obtain Heavy Duty Parts Australia prior written authority to return the Goods to Heavy Duty Parts Australia. You must pay the return delivery costs unless the cost of returning the Goods is significant (as defined in the Act), in which case Heavy Duty Parts Australia will collect the goods at its own expense within a reasonable time of acceptance of the notification and acceptance of liability for return of the Goods.
16. Goods obtained at your specific request are non-returnable.
    16.1 Heavy Duty Parts Australia is not obligated to accept any Goods returned by You and will only do so under terms agreed upon in writing for each individual case.
    16.2 If Heavy Duty Parts Australia agrees to accept returned Goods, You must return them to the location specified in these Terms, bearing the cost of transit (if applicable) and a restocking fee.
17. Orders may not be cancelled without prior written consent from Heavy Duty Parts Australia and terms that indemnify the company against any losses resulting from such cancellation.
18. If You default on any obligation under this contract and fail to remedy the default within 28 days of receiving written notice, Heavy Duty Parts Australia reserves the right to terminate this contract.
19. Any relaxation or forbearance by Heavy Duty Parts Australia regarding your obligations under this contract shall not constitute a waiver of the company’s right to enforce those obligations at a later date.
20. These Terms shall be governed by the laws of the State of Western Australia, and both parties submit to the jurisdiction of the Courts of Western Australia.
21. If any part of this contract is found to be invalid or unenforceable, it can be severed without affecting the validity or enforceability of the remaining provisions.
22. In compliance with the Privacy Act 1988, You agree that Heavy Duty Parts Australia may:
    22.1 Verify your personal information with any credit provider in accordance with the Privacy Act 1988.
    22.2 Provide limited types of information about You, as described in the Act, to a credit reporting agency (Section 18E(8)(C) Privacy Act 1988).
23. Heavy Duty Parts Australia will handle any personal information You provide in accordance with its privacy policy. Details of the privacy policy are available upon request.

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