Terms and Conditions for sale of goods
These Terms and Conditions constitute a legally binding contract between the customer (“you”) and Specialist Wholesalers Pty Ltd (ACN 163 280 279), trading as “BrakeforcePlus Pty Ltd” (“BrakeForcePlus”) and apply to the ordering purchase, fulfilment and delivery of goods from www.brakeforceplus.com.au (“Website”). By placing an order for goods from BrakeForcePlus you agree to these Terms and Conditions.
Please read the following Terms and Conditions carefully before placing your order. The Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of goods. If you do not agree to these Terms and Conditions, please do not use this Website. The material on this Website is protected by copyright under the laws of Australia and may not be used without written permission by BrakeForce.
In the event of a discrepancy between these Terms and Conditions and a pre-existing commercial agreement you may have with BrakeForce, the commercial agreement will take precedence.
Your Account
If you use this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You must advise us if your password or user name is disclosed to prevent unauthorised access to this Website. BrakeForce reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Products and Pricing
All sales are made at BrakeForce ruling price at the time of delivery, unless otherwise agreed in writing. BrakeForce will endeavour to ensure all prices are correct, for the specified period, at time of uploading but prices are subject to change. Despite our careful planning, selected items may sell out due to high demand.
Liability
BrakeForce shall not be liable for any claim, loss or expense whatsoever or howsoever arising which is made after the expiration of seven days from the date of delivery. BrakeForce shall not:
- be subject to any liability which exceeds the replacement value of the subject goods;
- be liable for any contingent, consequential or punitive damages arising in any way whatsoever; or
- be liable for any claim, loss or expense sustained or incurred by any person arising in any way as a result of the unavailability of goods or any delay in delivery of the goods or any part thereof or any failure to deliver the goods or part thereof.
You acknowledge this express limitation of liability and agrees to limit any claim accordingly.
Any advice, recommendation, information or representation provided by BrakeForce as to the quality or performance of the goods or their suitability for a particular purpose or otherwise in relation to the goods is given in good faith but without any liability or responsibility on the part of BrakeForce. You acknowledge you have not relied upon or been induced by any representation of BrakeForce.
Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.
Property and Risk
All items purchased from BrakeForce are made pursuant to a shipment contract. This basically means that the risk of loss for such items pass to your nominated carrier.
Property in the goods will remain with BrakeForce until the price of those goods has been paid in full. The risk in the goods will transfer to you upon delivery to you or your agent.
Delivery
You shall be responsible for all costs associated with delivery, outside of any promotional offer should it exist. BrakeForce shall in all cases be entitled to choose the method of transport.
You shall provide reasonable and proper access to the location specified for delivery, and you authorise BrakeForce to subcontract delivery. BrakeForce may unilaterally delay for any period or cancel any agreement for sale without any liability whatsoever.
Credits & Returns
- A 30 Day Return Policy - No penalty
- Goods under $10.00 excl GST – No credit provided
- Invoice Copy and Reason – Is required, if invoice copy is unavailable an invoice number and date must be provided. POD must be retained for verification of goods being returned
- Fitted or Used items – Will not be accepted as returns
- Radiator Returns - Must include all internal packaging or no credit will be provided
- Returns Time Frame – It is the customer’s responsibility to have the goods returned within the required time frame
General
BrakeForce reserves the right to amend these Terms and Conditions at any time. Any amendment will take effect from the time that it appears on the Website. The Terms and Conditions which apply at the time that you place your order are the Terms and Conditions which will apply to your order.
Any provision in this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.
These Terms and Conditions are governed by the laws of Victoria, Australia.
