Terms and Conditions of Sale
These Terms apply to all contracts for the sale of Goods by the Company. No amendment, alteration, waiver or cancellation of any of these Terms is binding on the Company unless confirmed by the Company in writing.
The Customer acknowledges that no employee or agent of the Company has any right to make any representation, warranty or promise in relation to the Goods or the sale of the Goods other than as contained in these Terms.
All samples, drawings, photographs, descriptive matter, specifications and advertising issued by the Company and any descriptions or illustrations contained in the Company's catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract and this is not a sale by sample.
In these terms and conditions:
Customer includes the person, firm or body corporate (or their agent) who requests the Company to carry out Works for it or on its behalf as named on the front of these terms and conditions. Part means any part or component installed, modified or repaired by the Company as part of the Works.
Prescribed Terms means the conditions and warranties implied by law into contracts for the supply of goods and services by the Australian Consumer Law which cannot be excluded, restricted or modified by agreement. Company means Buds Customs Pty Ltd (ABN 61 162 745 682).
Warranty Period means in respect of:
- Parts and components- As prescribed by the manufacturer of any Part (6 months for commercial vehicles);
- Where the Company is the manufacturer, the warranty is 12 months (6 months for commercial vehicles);
- Labour - 12 months (6 months commercial vehicles).
Works means all works carried out by the Company for and on behalf of the Customer including the manufacture, supply and fitting of all Parts, repairs, maintenance, improvements, supply of labour and specialised tools.
This document sets out the entire terms and conditions relating to the provision of Works and the supply of Parts by the Company to the Customer.
4. Works Authorisation
- By requesting the Company to carry out the Works, the Customer authorises the Company to do all acts and things that are in the opinion of the Company necessary or desirable to carry out and complete the Works including:
- to install or remove from the vehicle any Part, component device; and
- to move, drive and test the vehicle, any Part or any component of the vehicle.
- Where the Customer is acting as an agent in requesting the Works, then the Customer is jointly and severally liable with its principal for all amounts payable to the Company.
- Quotation for any Works by the Company are valid for the period stated in that quote unless otherwise advised by the Company in writing. If not stated, the Quote is valid for 14 days from date of issue.
- Prices quoted are exclusive of GST unless otherwise stated on the Quotation.
- Prices for goods to be imported are based on prices quoted to the Company by the overseas supplier and the rates of freight, Insurance premiums, customs duties, primage and other costs of importation known to the Company at the time of the quotation. In the event of any increase in these rates or in the prices of the goods quoted to the Company by the Principle before acceptance of an order or prior to the delivery of the goods to the Company then entitled to pass on such costs to the customer. Such increase/s shall be added to and form part of the purchase and or repair price and be payable by the Purchaser accordingly.
- All quotations are subject to withdrawal or variation by the Company at any time prior to acceptance of a firm order. No order given to the Company based upon a quotation shall be binding upon the Company until accepted by the Company in writing. The Company reserves the right to correct any accidental error or omission or quotation or invoice without prior notice.
- Where additional work is identified and requires rectification, the Company shall make all reasonable efforts to contact the customer to seek approval. If this is not possible, the Company is authorised to carry that additional work at the Customer’s expense.
- The Customer must pay the full invoiced price, plus all other amounts payable to the Company under these terms and conditions, arising out of the Works for the Customer, after which (but not before) the vehicle or other goods upon which the Works have been carried out will be available for collection by the Customer. Legal and beneficial ownership of the Goods will not pass to the Customer until such time as the Goods have been paid in full in cash or cleared funds.
- If the Customer fails to pay the full invoiced price of the Works within 30 days, the Customer must pay interest on that amount at a rate equal to the benchmark rate quoted by the Commonwealth Bank of Australia from time to time plus 2% calculated on a daily basis from its due date for payment until the amount outstanding (plus interest) has been paid in full.
- Before making payment, the Customer must inspect the works and satisfy itself that the Works have been carried out in a proper and satisfactory manner. By making payment, the Customer accepts that the Works have been carried out in a proper and satisfactory manner.
- Vehicles or other goods upon which Works have been carried out must be collected from the Company’s premises within 3 days after the invoice date.
- If the vehicle or goods are not collected in accordance with clause 4 the Company may:
- charge the Customer for storage costs at $66.00 (inclusive of GST) for each day or part thereof that the vehicle or goods remains uncollected; or
- remove from the vehicle any Parts or components installed by the Company without notice to the Customer, without prejudice to any other rights and remedies of the Company .
- Any works completion date quoted by the Company is an estimate only and the Company is not liable for any failure to complete the Works by that date.
- All parts or components not held in stock by the Company are subject to price and exchange rate variations at the time of payment.
6. Lien and Title
In addition to any workman's or Company's lien which the Company may have over the vehicle, the Parts or other goods on which the Works have been carried out, the Company has a general lien over that vehicle, the Parts or other goods and all other property of the Customer that comes into the possession of the Company for any reason until all amounts owing by the Customer on any account whatsoever have been paid to the Company. Title to any Parts installed by the Company remains with the Company until payment in full has been received.
7. Limitation of Liability
- Subject to clause 6(2) and to the extent permitted by the Australian Consumer Law and relevant state legislation, the sole obligation of the Company is to provide any part of the Works or to repair or replace the Parts (at the Company’s discretion) which is found to be defective during the Warranty Period. The Company is not responsible for towing costs or other costs of moving any vehicle or Part to from the Company's premises whether before or after the conduct of the Works. The Customer bears the cost of bringing any vehicle to the Company's premises for any Work.
- The Company is not liable for any:
- other claims or damages including, claims for faulty design, negligent or misleading advice, damages arising from loss or use of the vehicle or Parts and any indirect, special or consequential damages or injury to any person, corporation or other entity; or
- costs incurred in remedying defective Work or replacing defective Parts supplied by the Company unless the Company has been given the opportunity of remedying or replacing such Work or Parts or the Company has approved in writing as such work being undertaken by a third party.
- If any Works or Parts supplied pursuant to this agreement are supplied to the Customer as a 'consumer' of goods or services within the meaning of that term in the Australian Consumer Law or relevant state legislation the Customer has the benefit of certain non-excludable rights and remedies in respect of the Works or Parts and nothing in this Document excludes or restricts or modifies any condition, warranty, right or remedy which pursuant to the Australian Consumer Law or similar legislation is so conferred.
- Damage or loss incurred to vehicles or goods left in its care for installation, modifications. repair or any other reason.
- If the vehicle or Works is a product not ordinarily acquired for personal, domestic or household use or consumption pursuant to s 64A of the Australian Consumer Law and similar provisions of relevant state legislation the Company's liability is limited to payment of an amount equal to the lowest of:
- the cost of replacing the Parts or supplying equivalent Parts;
- the cost of repair of the Parts;
- the cost of having the Parts repaired or replaced.
- No warranty is provided in respect of second-hand Parts.
- Goods subject to a warranty claim are to be returned to the Company’s warehouse freight/insurance prepaid and provided that no alteration or additions are made or repairs undertaken except by the Company or the Company’s authorised representatives. Should the Purchaser require the Company’s personnel to inspect the equipment instead of returning same to the Company, the Purchaser is to pay the cost of the Company’s personnel time and expenses. Warranty is likewise extended to repairs carried out by the Company or by the Principal but is limited to three months and is applicable to the repair work done and not to any subsequent failure of unrelated parts and or software.
8. Sub-Contracting and Indemnity
The Company may sub-contract on any terms the whole or any part of the Works and any and all acts or things that are in the opinion of the Company necessary or desirable to carry out and complete the Works.
9. Liability of Employees, Agents and Contractors
Every exemption from liability and every right, defence and immunity applicable to the Company is available to and extends to protect every employee or agent of the Company (including any independent contractor employed by the Company) while acting in the course of or in connection with his employment or engagement.
No variation of these Terms and Conditions (including any Customer purchase order) is effective, even if the Installer subsequently issues an invoice or carries out the works.
Quotations shall only be recognised if issued in writing on the prescribed quotation form used by the Company. Such quotations shall lapse 14 days after the issue date and there is no obligation for the company to honour quotations that have lapsed.
Orders shall only be recognised if the customer remits funds required by the company by way of payment or deposit and confirmed in writing on the prescribed order form used by the company.
A failure by the Installer to exercise any rights or remedies under these Terms and Conditions is not a waiver of those rights or remedies unless the Installer gives clear and express written notification of such waiver.
No employee, agent or sub-contractor or other associated person of the Company has authority to vary these Terms and Conditions.
These terms and conditions are governed by and construed in accordance with the law of Queensland, Australia.
11. Risk and Insurance
The Goods are entirely at the risk of the Customer from the moment of delivery to the Customer’s point of delivery or on collection, even though title in the Goods has not passed to the Customer at that time. The Customer must, at its own expense, maintain the Goods and insure them for the benefit of the Company against theft, breakdown, fire, water and other risks as from the moment of delivery to the Customer and until title in the Goods has passed to the Customer.
No order may be cancelled, modified or deferred without the prior written consent of the Company (which is at the Company’s sole discretion). If such consent is given it is, at the Company’s election, subject to the Company being reimbursed all losses, including loss of profits, and paid a cancellation fee (being not less than 20% of the invoice price of the Goods).
Goods not returnable: Any goods specially made, including items cut to length. Any goods made, or purchased to a firm and irrevocable order or any goods altered or damaged by the Purchaser cannot be returned under any conditions.
13. Currency Fluctuation
Items procured from overseas are subject to alteration in price because of variation in currency rates between the overseas Supplier and the Australian dollar at the date of the Purchaser’s invoice.
14. Risk and dispatch
Subject to the other provisions of these conditions the Company shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Company's negligence), nor shall any delay entitle the Buyer to terminate or rescind the Contract.
The quantity of any consignment of Goods as recorded by the Company on despatch from the Company's place of business shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary.
The Company shall not be liable for any non-delivery of Goods (even if caused by the Company's negligence) unless the Buyer gives written notice to the Company of the non-delivery within 3 days of the date when the Goods would in the ordinary course of events have been received.
The Company may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions of the Contract.
Each instalment shall be a separate Contract and no cancellation or termination of any one Contract relating to an instalment shall entitle the Buyer to repudiate or cancel any other Contract or instalment.
Unless otherwise specified by the Company, the point of delivery of the goods shall be at the Company’s premises and other such sites. Goods delivered elsewhere shall at the Purchaser’s risk from dispatch to such premises and the Purchaser will indemnify the Company against any claim or liability damage or injury to or by the goods after dispatch and shall specify in writing on his official order if insurance is to be taken out on his behalf and at his cost. This provision will apply notwithstanding the fact that the Company has agreed to install the goods at the premises nominated by the Purchaser.
15. Right to Enter Premises
In any of the circumstances referred to, the Customer:
- Authorises the Company by itself, its agents or representatives at all reasonable times, without notice, to enter onto (with force if reasonably necessary) and to remain in and on any premises where the Goods are located in order to collect the Goods, without being guilty of any manner of trespass; and
- Assigns to the Company all the Customer’s rights to enter onto and remain in and on such premises until all the Goods have been collected.
16. Force Majeure
The Company will not be liable for any breach of contract due to any matter or thing beyond the Company’s control (including but not limited to transport stoppages, transport breakdown, fire, flood, earthquake, acts of God, strikes, lock-outs, work stoppages, wars, riots or civil commotion, intervention or public authority, explosion or accident.
17. Waiver of Breach
No failure by the Company to insist on strict performance of any of these Terms is a waiver of any right or remedy which the Company may have, and is not a waiver of any subsequent breach or default by the Customer.
18. No Assignment
Neither the Contract, nor any rights under the Contract may be assigned by the Customer without the prior written consent of the Company, which is at the Company’s absolute discretion.
If any provision contained in these Terms is held by a court to be unlawful, invalid or unenforceable, the validity and enforceability of the remaining provisions are not affected.