DIRECT SPA PARTS PTY LTD TRADING TERMS AND CONDITIONS

SECTION 1: GENERAL
1.1 In these terms and conditions "the company stands for DIRECT SPA PARTS Pty Ltd ABN: 11082988467
1.2 The following terms and conditions apply to all goods sold by the company.
1.3 These terms and conditions override any other terms and conditions previously published by the company.
1.4 The Contract overrides all prior negotiations, representations, proposals, understandings and agreements whether in writing or not.


SECTION 2: PRICING
2.1 The Prices contained in the price list are based upon current costs at the time of publication. Prices are not firm and may be subject to alteration in accordance with the company's current price list in effect at time of delivery.
2.2 Unless subject to prior quotation, any prices quoted for supply of goods will only be valid for a period of 30 days from effective date.
2.3 Prices quoted (unless otherwise stated) are exclusive of goods and services taxes (GST). GST will be charged at the appropriate rates, to the purchaser, at time of sale in accordance within the Australian tax office guidelines.

3: PAYMENT
3.1 Invoices are payable in full prior to dispatch of goods, or by arrangement.

SECTION 4: CREDIT CLAIMS & RETURNS
4.1 Any goods sent back for return will not be accepted unless prior contact with a company representative has been made and a return authorisation (R.A.) number has been issued. This R.A. number must then be displayed on ALL paperwork accompanying the goods for return.
4.2 Claims will not be recognised unless invoice number and date is quoted on all returns or requests for credit.
4.3 Claims for shortages or incorrect deliveries will not be recognised unless made within five (5) business days of receipt of goods.
4.4 Claims for non-delivery must be made within seven (7) business days of receipt of invoice(s).
4.5 Goods specially manufactured or assembled to customer specifications will not be accepted for credit.
4.6 Goods specially cut to length or modified by request will not be accepted for credit.
4.7 Goods returned must in in good resalable condition to be considered for credit. The company will not accept returns which have been damaged or shop soiled whilst in the possession of the purchaser or damaged on return transport.
4.8 Goods accepted by the Company as faulty will be repaired, replaced or credited at the invoiced value.
4.9 Freight charges on goods returned will be prepaid by the Purchaser unless otherwise agreed to by the Company prior to the return.
4.10 Any goods returned for credit, other than faulty or incorrectly delivered items, will be subject to a restocking fee of no less than 25% of the items invoiced value.
4.11 Any goods returned does not automatically signify that the Company will grant a credit note. Such a credit note will only be issued after the relevant goods have been inspected by a company representative (and or manufacturer of the goods in question) and the reason for return has been deemed both satisfactory and legitimate by the company.

SECTION 5: RISK IN GOODS
5.1 Risk in the goods will pass to the purchaser on dispatch to the delivery address specified by the purchaser.

SECTION 6: RETENTION OF TITLE
6.1 Ownership of all goods supplied will not transfer until all monies owed are received in full by the Company.

Section 157 of the PPSA.
7.8 The purchaser shall unconditionally ratify any actions taken by the company under Sections: 7.3 and s7.4 of these terms and conditions.

SECTION 7: WARRANTY & LIABILITY
8.1 Where it is agreed that goods are faulty due to manufacture or materials, the liability (if any) of the Company shall, to the extent allowed by the Competition and Consumer Act 2010 (Cth) ("CCA") be limited to the replacement or repair of the goods, or a refund of the purchase price and shall not Extend to any consequential loss or damage incurred by any person.
8.2 Where it is agreed that goods are faulty due to manufacture or materials the company will not be liable for any damage if the purchaser has: altered, changed or modified the goods from the form in which they were supplied by the company or the purchaser has used them for a different purpose to which they were supplied by the company.
8.3 The company is not liable for any damages in relation to: repair, labour, expense, or consequential loss as the company has no control over the way a product supplied is used. The company cannot be held liable for the fitness of these products for any particular application, whether such an application is made known to the company or not. Goods supplied are backed in accordance with the manufactures warranty existing at the time of purchase. Details of such warranties will be made available on application to the company.
8.4 You acknowledge that you have not relied on any predictions, forecasts, advice or statements of opinion by the company or any of its employees, contractors or agents.
8.5 Nothing in these terms and conditions excludes, restricts or modifies any condition or warranty that the law does not allow us to exclude, restrict or modify. However, all other conditions and warranties, whether or not implied by the law, are excluded.

SECTION 9: DELIVERY
9.1 Unless otherwise agreed in writing from an authorised company representative, a freight charge will be made on each delivery unless the goods are dispatched on the purchaser's carrier or picked up from the company's warehouse.
9.2 No responsibility will be accepted for breakage, damage or loss in transit.
9.3 Should damage or loss occur in transit and the purchaser has notified the company and the carrier in writing immediately after goods have been received; the company will provide assistance in pressing any claims against the carrier.

SECTION 10: PRODUCT INFORMATION
10.1 Product information in relation to any products is considered to be reliable. This information is a guide only and specifications are not guaranteed. Any information is subject to change without notice by the company. The company cannot be held responsible for any such change of information or specifications.

SECTION 11: JURISDICTION
12.1 These terms and conditions are governed by and construed in accordance with the laws of the State of Wester Australia, Australia. The company and the purchaser hereby submit to the exclusive jurisdiction of the courts of that State and none other.

SECTION 13: PRIVACY ACT 1988
13.1 The Customer consents to DIRECT SPA PARTS being given a consumer credit report to collect overdue payment on commercial credit.
13.4 The Customer is covered by the above act and if not satisfied with any privacy resolutions provided, the Customer can make a complaint to the Information Commissioner at www.oaic.gov.au.