GENERAL TERMS AND CONDITIONS 1. Definitions For the purpose of these Terms:
Consequential Loss means, in relation to a breach of this Terms, any indirect loss (including, without limitation, loss of production, loss of profit, loss of revenue, loss of contract, loss of goodwill, liability under other agreements or liability to third parties) resulting from the breach.
Customer means the customer (or any person acting on behalf of and with the authority of the customer) as described on any quotation, work authorisation or other form as provided by to the customer.
Goods means all goods supplied by RSA's online store to the Customer as part of the supply of Services and are as described on any quotation, work authorisation or other form as provided by RSA to the Customer.
GST means the goods and services tax imposed under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
RSA means RACE SPEC AUSTRALIA Pty Ltd (ABN 52 376 687 902), its successors and assigns.
Price means all monies payable by the Customer to RSA in accordance with these Terms for the Goods and Services.
Services means any advise via our online store(and which includes any and all Goods supplied as part of and in connection to any services) supplied by RSA to the Customer.
Terms means these terms and conditions between RSA and the Customer.
All parts and/or advise supplied from our online store are intended for race track, off-road use
2. Acceptance of Terms
2.1 Any instructions received by RSA from the Customer for the supply of Services will constitute acceptance of these Terms.
2.2 Upon acceptance of these Terms by the Customer, these Terms will be legally binding and the Services will be supplied by RSA on these Terms.
3. Estimate, Price and Payment
3.1 RSA discloses an estimate of costs to the Customer for approval prior to RSA providing the Services (Estimate).
3.2 Payment by the Customer must be made by cash, by cheque or bank cheque or by credit card, or by direct credit, or by any other method as agreed to between the Customer and RSA.
3.3 Receipt by RSA of any form of payment other than cash will not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
3.4 In the event that the Customer’s payment is dishonoured for any reason, the Customer will be liable for any dishonour fees incurred by RSA.
3.5 Interest on overdue invoices will accrue daily from the date when payment becomes due, until the date of payment, at the rate of 12% per annum. Enforcement of interest is at the absolute discretion of RSA.
3.6 Unless otherwise expressly stated, GST and other taxes and duties that may be applicable will be added to the Price.
4 It is the Customers responsibility to ensure that the Services do not affect or void a manufacturer warranty (extended or otherwise) with respect to the Customers vehicle.
5 RSA may (at its absolute discretion and at the cost of the Customer) assist the Customer with respect to any claims against a manufacturer warranty in connection with the Goods. Error! Unknown document property name. of 3 Page 1
5.1 RSA accepts no liability for, and the Customer agrees to indemnify RSA against, any claims, loss, damage, injury or death caused to any person or property in connection with the matters set out in this clause 5.
6. Risk and title
6.1 All risk in the Goods passes to the Customer upon completion of the Services.
6.2 RSA and the Customer agree that ownership of the Goods will not pass until the Customer has paid RSA all amounts owing for the Goods and Services.
7. Liability and indemnity
7.1 To the maximum extent permitted by law, RSA will not be liable to the Customer or any third parties for: (a) any claim, whether that claim arises in contract, tort (including negligence) or statute; (b) any loss (including loss of profits or special, indirect, incidental or Consequential Loss); and (c) damage, injury or death to any person or property, arising out of or relating to the Services.
7.2 To the fullest extent permitted by law, liability of RSA for any breach of these Terms arising as a result of the negligence of RSA or for breach of any conditions or warranty implied in this contract or by law is limited to one (1) of the following at RSA’s option: (a) In the case of the Services, supplying the Services again or the payment of the cost of having the Services supplied again. (b) In the case of the Goods, the replacement of the Goods or the supply of equivalent Goods, the repair of the Goods, or the payment of the cost of having the Goods replaced or repaired.
7.3 Subject to clause
7.4, to the full extent permitted by law all other conditions, warranties or liabilities imposed or implied whether by law or by statute are expressly negatived. 7.4 RSA acknowledges that the Goods and Services come with guarantees that cannot be excluded under the Australian Consumer Law. These Terms do not purport to exclude any statutory rights available to the Customer and must in all cases be read subject to those statutory provisions.
8. Default and consequences of default
8.1 If the Customer: (a) defaults in payment of any invoice when due; (b) defaults in the performance of any obligation imposed on it under these Terms; and/or (c) breaches any warranty or representation contained in these Terms, the Customer indemnifies RSA from and against all liability, claims, losses, damages, costs, fines and disbursements incurred by RSA in connection with that default (including, without limitation, pursuing the debt including legal costs on a solicitor and own client basis and MMM’s collection agency costs).
8.2 Without prejudice to any other remedies RSA may have, if at any time the Customer is in breach of any obligation (including those relating to payment): (a) RSA may suspend or terminate the supply of Services (or any unfulfilled part of them) and any of its other obligations under these Terms, and RSA will not be liable to the Customer for any loss or damage the Customer suffers because RSA has exercised its rights under this clause; and/or (b) all amounts owing to RSA will, whether or not due for payment, become immediately payable.
9. Cancellation, delays and events outside RSA’s reasonable control 9.1 RSA may cancel these Terms or cancel delivery of Services at any time before the Services are completed by giving notice to the Customer if RSA is of the opinion that it cannot fulfil the relevant Services. Error! Unknown document property name. of 3 Page 2
9.2 If the Customer cancels or alters the Services, or any part of the Services, then without prejudice to any other rights RSA has against the Customer, RSA may charge the Customer any costs incurred by RSA in fulfilling the Services, including materials and Goods already acquired for the Services.
9.3 Whilst RSA will take all reasonable measures to ensure that Services are completed by the agreed time, the Customer cannot make any claim (of any nature) as a result of any delays of RSA in completing the order whether within RSA’s control or otherwise.
9.4 RSA will not be liable for: (a) any delay in performing or failure to perform the Services; and (b) any events, circumstances or issues with respect to or in connection with the Customer’s vehicle in relation to the Services, to the extent that such delay, failure, event, circumstance or issue was outside of RSA’s reasonable control.
10. Privacy and personal information
10.1 RSA collects the Customers personal information in order to provide the Customer with the Services, for business administration and operational purposes, and in order to comply with legislative and regulatory requirements. If the Customer does not provide its personal information, RSA may not be able to provide the Services.
10.2 The Customer irrevocably consents to the use and disclosure of its personal information by MMM to discharge the functions set out at clause 10.1.
11. General provisions
11.1 The Customer represents that it is and will remain in the future, solvent and able to pay all of its debts as and when they fall due.
11.2 If any provision of these Terms are held to be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions will not be affected, prejudiced or impaired.
11.3 These Terms are governed by the laws of New South Wales, Australia and are subject to the exclusive jurisdiction of the courts of New South Wales.
11.4 The Customer will not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Customer by RSA nor to withhold payment of any invoice because part of that invoice is in dispute.
11.5 No modification amendments or other variation of these Terms will be valid and binding on RSA unless made in writing and duly executed by and on behalf of RSA.
11.6 RSA will not be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm, pandemic, Government order or other event beyond the reasonable control of RSA.
11.7 The failure by RSA to enforce any provision of these Terms will not be treated as a waiver of that provision, nor will it affect RSA’s right to subsequently enforce that provision