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Terms & Conditions - Mercedes - BMW - Audi - Renault - VW - Citroen - Spare Parts - Wrecking Wreckers
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Terms & Conditions

Our trading terms apply to all sales and are deemed to be incorporated into all contacts for the sale of goods and cannot be varied by you in any

form including those that may be printed on a purchase order. We may ammend these terms by notice to you. Acceptance of these terms by you is

demonstrated by you purchasing goods from us, operating an account with us or conducting business with us.

Basis of Contract – A quotation from us is not an offer. A contract exists once we accept your order (subject to the goods passing our pre-delivery

inspection). The contract may not be terminated without mutual agreement between the parties.

Prices – All prices are in Australian dollars and are subject to change if required without notice.

Payment – You agree to pay in full in accordance with the terms indicated on our invoice. If no terms are indicated on our invoice and you have an

account with us then you agree to pay within 30 days of the end of the month. If you do not have an account with us then you must pay in cash

on or before delivery of the goods.

Credit limit- We will determine the credit limit for your account and may change this credit limit at any time without notice or reason.

Delivery – You will pay all delivery costs and any damage caused in transit will not be our responsibility.

If we agree to deliver the goods to you, you agree to pay the delivery fee (if any).

You grant us a reasonable extension of time for delivery of goods delayed due to circumstances beyond our control. We will not be liable for any loss

or damage arising from delays in delivery.

Deemed acceptance of goods – You are expected to have accepted the goods as damage free and as ordered unless you make a credit claim within 24

hours for daily order customers in Australia; 48 hours for overseas customers of the date of receipt of the goods.

Returns/credit claims – Subject to the express and implied warranty/condition provisions below, we may in our absolute discretion accept or reject

a return/ credit claim. In order to make your claim you must, at your cost, return the goods to us within 5 business days for daily order customers

and 7 business days for overseas customers from the date the goods are received and provide us with proof of purchase (e.g. Original invoice). If

requested you must provide us with evidence of the date of receipt of the goods. If you want to make a claim outside this time frame you should

provide details of the special circumstances to our credit officer and get the prior approval of our credit officer before returning the goods.

Claims made after 5 business days for daily order customers and 7 business days for overseas customers from the date the goods are received may

at our discretion be rejected. We will not accept return /credit claims no matter what the special circumstances after 10 business days for daily order

customers and 20 business days for overseas customers from the date the goods are received.

The parts must be returned unaltered in its original packaging and must also be received in a clean and resale able condition.

We may reject a credit claim on any items having an invoice value of $5 or less, on electrical goods, non stock items ordered at your request, trims or

items manufactured at the your request (e.g. special order exchange bumper bars).

We may withhold a 20% handling fee and charge you a delivery fee for the original delivery of the product.

If we reject your return, we will make the goods available for your collection at your cost. If the goods are not collected by you within 20 business

days they will be deemed abandoned.

If we accept the return we will issue you with a credit note for the price of the goods (less any handling and delivery fees).

Implied Warranties/Conditions - All terms, conditions and warranties, other than those implied by any law that may not be excluded, are

expressly excluded.

Where permitted by law our liability for all implied terms, conditions and warranties including those implied by law that can not be excluded is

limed to the following:

(a) the cost of replacing the goods;

(b) the cost of obtaining equivalent goods;

(c) the cost of having the goods repaired.

Implied warranty/conditions credit claims- You may make a credit claim or claim for refund (if you are a COD Customer) for goods which breach

the mentioned warranties/conditions that cannot be excluded by law. This claim must be made within a reasonable time. We will not accept claims

made after deemed acceptance of the goods if the claim relates to matters which would be apparent from inspection such as damage or goods not as

ordered. If required you must provide us with evidence of the date of receipt of the goods. .

To make a claim you must provide us with proof of purchase (e.g. the original invoice), reason for the claims (e.g. details of the implied warranty

or condition which is claimed to be breached), proof of breach of the implied warranty/condition (e.g. a photo of the goods) and details of when the

breach became known to you or your customer. You must, if requested, return the goods to us so that we can assess whether there has been a breach

or in cases where the wrong goods have been supplied. Where the wrong goods have been supplied the returned goods must be unaltered in its

original packaging and must also be received in a clean and resale able condition.

If an implied warranty/condition that may not be excluded at law is breached then a creditor refund (for COD customers) will be granted for the price

of the goods. We are not liable for freight or delivery costs for the delivery of the original goods to you or the return of them to us.

If requested by us, you must destroy damaged or defective the goods if not returned to us and provide us evidence of this.

Express warranty credit claims – You may make a credit claim for goods which breach an express warranty in accordance with the terms and

conditions detailed in the express warranty. You must make the claim within the period specified in the express warranty and meet all the conditions

of the express warranty (including use, installation and maintenance of the goods). You must provide us with proof of purchase, the reason for the

claim (details of how the express warranty has been breached) and proof of breach of the express warranty. .If requested by us you must, provide us

with a photo to evidence the breach or return the goods to us, at your cost, so we can assess whether there has been a breach.

If an express warranty is breached then a credit (or refund for COD Customers) will be granted for the price of the goods. If the credit claim is

granted you must destroy the goods if not returned to us.

Passing of title and risk – The risk in the goods passes to you on delivery to you or your freight company. We retain the legal and equitable title

to the goods until payment is made for all goods that have from time to time supplied to you. Until such payment is made you will hold the goods

as fiduciary agent and bailee for us and will return them to us if requested. You may as a fiduciary agent sell or deal with the goods in the ordinary

course of your business. Any right to bind us to any liability to any third party by contract or otherwise is expressly negated. You receive all proceeds

of any dealing with such goods in trust for us and will keep such proceeds in a separate account until your liability to us has been discharged. We

have the power to appropriate payments to such accounts as we think fit not withstanding any appropriation by you to the contrary.

Until such time as you become owner of the goods you will store them separately and ensure they are kept in a good and saleable condition, secure

from risk and damage or theft and fully insured against such risks.

Default by you - If you default or fail to make due payment for the any goods supplied to you from time to time, without prejudice to our other

rights, we may do any or all of the following:

(a) Withdraw all credit facilities without notice until your account is brought within terms;

(a1) Change your credit limit;

(a2) Notify you that with all monies owing under your account are immediately due and payable;

(b) Charge interest on overdue monies daily until payment at the rate of 3% per month.;

(b1) Charge you, at our discretion, an administration fee of $25 per outstanding invoice which is immediately due and payable;

(b2) Charge you, at our discretion, a surcharge on all monies outstanding until the actual date of payment at the rate of 22%per annum calculated

daily which is immediately due and payable;

(c) Require you to pay on demand legal costs on a solicitor and own client basis or any other expenses whatsoever incurred by us in respect of the

enforcement or attempted enforcement of our rights under this agreement (including collection agent costs, entry and removal costs and dishonored

cheque fees);

(d) Cancel any trade discounts or revise your pricing structure;

(e) Cease any further deliveries of goods whether in transit or not;

(f) Where goods have been delivered, enter your premises or any premises under your or your agent’s control where the goods are stored and use

reasonable force to recover the goods without any liability of whatever nature to you.

(f1) Where goods have been recovered we may dispose of the goods to any person on any terms we deem necessary without liability of any kind to

you and we shall be entitled to recover the difference between the purchase price owed by you and the net proceeds of the sale of the repossessed

goods;

(g) Resell any goods repossessed for our own benefit without liability to you for any loss resulting from the resale;

(h) Suspend and/or terminate performance without penalty of any other contract for sale;

(i) Require payment in cash before or upon delivery of further goods to you;

(j) Withhold documents which are in our possession;

(k) Appropriate and apply all monies and credits/adjustment notes received by us at our discretion. For example we may apply them firstly to

payment of our recovery costs, then to interest due, then towards payment of the debt for supply of the goods;

(l) Cancel your website registered user access; and/or

(m) If you or the guarantor own real property or any asset capable of being charged you both agree to mortgage and or charge your interest in the

land or asset to us or our nominee to secure all amounts payable under these terms and conditions. You and the guarantor acknowledge and agree

that we or our nominee may lodge caveats over any real property that either of you own and you both hereby consent and authorize us to do so.

You and the guarantor hereby irrevocably nominate, constitute and appoint us or our nominee as your true and lawful attorney to execute mortgages

and charges on such terms as we consider fit in our absolute discretion over your real property or other assets capable of being charged as may

be necessary to secure your indebitness to us and perform all other acts and to execute all documents which in our opinion may be necessary or

advantageous to give effect to the provisions of this clause.

Representations - Subject to the express and implied warranty provisions above, we are not liable for any advice given by our agents or employees

in relation to the suitability for any purpose of goods or material supplied by us and all such advice relied upon is at your own risk. Our agents and

employees are not authorised to vary or add to our trading terms.

Liability and release – Subject to the express and implied warranty provisions above, we are not liable for and you release us from all liability for any

direct, indirect, consequential or punitive loss or damages (including loss of profit) arising out of anything done or not done by us, our employees,

officers or agents in relation to the supply of the goods (whether arising through negligence or otherwise) including any loss or damages arising from

injury, death, property damage, use of the goods, infringement of intellectual property rights or defects in the goods. Where such liability occurs to a

third party you hereby indemnify us against all third party liability to the fullest extent permitted by law.

Confidential Information – Any information relating to our business communicated to you by us will be treated as confidential and valuable to us.

You must maintain the information in the strictest confidence and use the information solely as a user or reseller of our goods. These confidentiality

obligations continue notwithstanding the end of our trading relationship. You are not required to maintain information as confidential if you are

required to disclose it by law or it is in the public domain (other than by breach of your obligation to keep it confidential). all hard copies to us;

c) You accept that the disclaimer and reservation of rights below is deemed to apply to each item of Marketing Materials provided

to you;

d) You acknowledge that we made a substantial investment in creating the Marketing Materials and should you breach the terms

of this licence or continue to use our Marketing Materials after we have notified you of the termination of this licence then you

must pay us a licence fee of $500 per day; and

“Disclaimer and reservation of rights”

Access to and use of this item of Marketing Material (including information or material contained in or accessed from this item) is

subject to the following disclaimer and reservation of rights:

Purpose – It is intended that this item may be used by you for the purchase and promotion of Italian Euro Spares Pty Ltd’s products

only. Use of this item (including information or material contained in or accessed from this item) is at your own risk.

No Warranty or liability – We make no representation or warranty, express or implied, as to the currency, accuracy, reliability

or completeness of the information or material contained in, referred to in or accessed from this item. To the maximum extent

permitted by law we shall not have any liability (whether arising from negligence or otherwise) in respect of the use of the item or

the information contained in, referred to in or accessed from this item (including any reliance on the currency, accuracy, reliability or

completeness of the information).

Intellectual Property Rights - © 2011 Auto Power is the owner of the copyright in this item. All rights reserved. All

material is subject to copyright under the Copyright Act 1968 (Commonwealth) and permission must be obtained in writing from

Auto Power. Auto Power owns of all the other intellectual property rights in the contents of

the information or material used in or accessed from this item (including documents, text and images). To remove any doubt

you must not commercialise the information or material contained in, down loaded or accessible from this item. No modifications or

derivative works may be created based on the information or material contained in, down loaded or accessible from this item.

Website– You may request to become a registered user of our website. Should this request be granted you must comply with our website

user policies and procedures which are available from time to time on our website.

We may terminate your registered user access at our discretion without notice.

You will be granted a confidential user identification and password (collectively referred to as your password).

All transactions using your password will be deemed to be transactions authorised by you and contracts for the sale of goods formed

from the use of your password will be governed by these terms and conditions.

We have no obligation to verify the validity of any instruction given using your password.

You must notify us in writing immediately should you become aware or suspect any unauthorised use of your password. Upon receipt of

the notice we will as soon as reasonably possible disable the password and issue a replacement password.

You agree that we are not liable for any loss you may incur as a result of unauthorised use of your password and that you bare all risk and

liability for unauthorised use of your password. You hereby indemnify us from all loss, costs and expenses arising from unauthorised use

of your password.

We herby exclude any warranties and give no representations as to the availability, accuracy, speed or performance of our website.

We do not warrant that our website or the content accessed from it will be free of viruses or any other harmful components or as to the

security of our website and the transactions made using it. Your must notify us in writing immediately if you suspect a virus has been

transported by use of our website or of any suspected security breach.

You must not do anything that would effect or disrupt the security, performance or availability of our systems such as inappropriate

processes (e.g. repeated pining, port scans, probes or activities that may resemble hacking).

Website advertisements – You may request to advertise on our website. Should this request be accepted you must pay us our standard

website advertising fees. All registered users will be listed on our website (contact details for retailer/wholesalers) and if you are a

registered user you agree to this listing and to pay our standard yearly listing fee.

Guarantee - In consideration of us agreeing to supply the Customer with goods on credit the Guarantor agrees to guarantee and be

responsible to us for the due payment by the Customer for all the goods that we may from time to time supply to the Customer and for all

debts whatsoever and howsoever arising by the Customer to us in regards of goods supplied. This guarantee is an ongoing guarantee, is

a principal obligation and is not

to have against us. We may without notice to the Guarantor at any time grant indulgences to the Customer or waive compliance with these

to be affected by any claim or right to set off or cross action by which the Customer may have or claim

Trading Terms or amend these Trading Terms. We are not required to provide the Guarantor with any notice of default by the Customer.

Trust Company – If you enter into this agreement as a trustee then you agree that you are as trustee subject to these terms and liable to

pay all monies outstanding at any time and warrant that the assets of the trust are available to meet these liabilities.

Credit Enquiries - The Customer and the Guarantor agree to us making any enquiries of whoever is considered necessary (including

credit reference agencies and trade referees) for the purpose of assessing the credit application or for the collection of overdue payments

and permits these people to give information to us without restriction.

The Customer and the Guarantor consent to us providing personal and commercial credit information (including details of credit

worthiness or any default) to a trade insurer or other credit providers who are using the information to assess a credit application.

Website advertisements – You may request to advertise on our website. Should this request be granted you must pay us our standard

website advertising fees. All registered users will be listed on our website (contact details for retailer/wholesalers) and if you are a

registered user you agree to this listing and to pay our standard yearly listing fee.

Guarantee - In consideration of us agreeing to supply the Customer with goods on credit the Guarantor agrees to guarantee and be

responsible to us for the due payment by the Customer for all the goods that we may from time to time supply to the Customer and for all

debts whatsoever and howsoever arising by the Customer to us in respect of goods supplied. This guarantee is a continuing guarantee, is

a principal obligation and is not

to be affected by any claim or right to set off or cross action by which the Customer may have or claim to have against us. We may

without notice to the Guarantor at any time grant indulgences to the Customer or waive compliance with these Trading Terms or amend

these Trading Terms. We are not required to provide the Guarantor with any notice of default by the Customer.

Trust Company –