Terms and Conditions of Trade

1. Definition/Interpretation

• “aus starter and alternator expert” means “AUS STARTER AND ALTERNATOR ENTERPRISES PTY LTD”, ABN 70 618 991 647, and its subsidiaries, successors, assigns and associated companies and their servants and/or agents.
• “Conditions” means these Terms and Conditions of Trade.
• “Contract” refers to the Conditions, the Credit Application, and any Schedule associated with the Contract.
• Customer” refers to the entity that has entered into an agreement with Aus starter and alternator expert to purchase Goods.
• “Goods” refers to all items, including but not limited to, accessories, materials, services, and equipment provided or to be provided by Aus starter and alternator expert to the Customer upon the Customer’s request.
• “Payment” refers to the receipt of cash by aus starter and alternator expert or the clearance of a cheque tendered for such payment, unless otherwise stated in an invoice.
• “Payment Date” denotes the specified date for payment as indicated on each invoice.
• “Services” encompass any services provided by aus starter and alternator expert to the Customer upon the Customer’s request.
• “Schedule” includes any orders, order forms, invoices, guarantees, or other documents that delineate or pertain to the subject matter of the Contract, excluding descriptions, illustrations, and performances found in catalogues, price lists, and advertising materials.

2. Orders and Acceptance

2.1 These Conditions govern all quotations, orders, and offers concerning Goods and Services, including the sale, supply, servicing, and replacement of goods. They supersede any conflicting provisions in any Customer’s order.

2.2 Each Customer order is subject to Aus starter and alternator expert acceptance or rejection and does not bind Aus starter and alternator expert until accepted. The Contract represents the entire agreement between the parties regarding the subject matter of the order and may only be modified in writing, signed by both parties.

2.3 The Customer may not cancel any order, whether written or verbal, without Aus starter and alternator expert’s written consent. If Aus starter and alternator expert agrees to cancel an order, it reserves the right to charge a reasonable fee for work completed up to the cancellation date, including processing and accepting the Customer’s order and cancellation request.

2.4 Aus starter and alternator expert is not liable for failure to comply with, or breach of, any Conditions due to Acts of God, war, riots, civil disturbances, strikes, lockouts, labor disputes, fires, breakdowns, transportation interruptions, government actions, prohibitions, import or export delays, delays in delivery by Aus starter and alternator expert suppliers, or any other circumstances beyond its control that hinder or interfere with the manufacture, use, delivery, or transportation of Goods or Services.

2.5 If a Customer places a written order with Aus starter and alternator expert for non-stock items, Aus starter and alternator expert will not accept returns of non-stock items unless the manufacturer agrees to accept returns from Aus starter and alternator expert. Aus starter and alternator expert may deduct transportation, insurance, handling, and restocking charges from the credit owed to the Customer.

3. Quotes and Prices

3.1 All prices are quoted “ex-warehouse” and exclude insurance or delivery charges. Aus starter and alternator expert may invoice the Goods sold at the prices applicable to the Goods ordered on the date of delivery for each order.

3.2 If Aus starter and alternator expert provides a quotation for Goods:

3.2.1 Unless otherwise agreed, the quotation is not an offer to sell or supply Goods.

3.2.2 Unless otherwise agreed, the quotation is valid for 14 days from the date of issue.

3.2.3 Aus starter and alternator expert is not obligated by any order until it is accepted in writing.

3.2.4 Aus starter and alternator expert reserves the right to modify the quotation due to circumstances beyond its control, including but not limited to, increases in labor costs, materials, freight, foreign exchange rates, taxes, duties, or other charges before the delivery date.

3.3 If additional Goods are required beyond the quotation, the Customer agrees to pay the additional cost for such Goods.

4. Risk to Goods and Delivery

4.1 Despite any arrangements made for transporting the Goods to the Customer’s designated destination, the risk in the Goods transfers to the Customer upon delivery.

4.2 Delivery is considered complete when the Goods depart from Aus starter and alternator expert premises.

4.3 The Customer is responsible for paying all delivery charges, which will be at cost plus GST and any other applicable charges at the prevailing time.

4.4 The Goods and Services will be delivered during normal business hours on a business day to the address specified by the Customer to Aus starter and alternator expert.

4.5 Aus starter and alternator expert is not liable for any loss, damage, or delay suffered by the Customer resulting from late or non-delivery.

4.6 Aus starter and alternator expert may choose to deliver the Goods and Services to the Customer in multiple instalments.

4.7 Within 24 hours of receiving the Goods and Services, the Customer must notify Aus starter and alternator expert of any shortages.

4.8 Within 14 days of receiving the Goods, the Customer must provide written notice to Aus starter and alternator expert of any defects. If Aus starter and alternator expert determines that the alleged defects are solely due to faulty materials or workmanship on its part, and the Goods have not been mistreated, neglected, or interfered with by the Customer, Aus starter and alternator expert will replace the Goods with equivalent items.

4.9 Aus starter and alternator expert will not accept the return of any Goods unless agreed to in writing beforehand. If Aus starter and alternator expert consents to the return, the Customer must return the Goods to Aus starter and alternator expert at the dispatch address, at the Customer’s expense.

4.10 The Customer agrees that neither it nor its employees or agents will replicate or attempt to replicate the Goods in any way.

5. Title and Personal Property Securities Act 2009 (PPSA)

Goods

5.1 Despite delivery and the transfer of risk, legal and beneficial ownership of the Goods will remain with Aus starter and alternator expert until full payment is received for all amounts owed by the Customer.

5.2 Until Aus starter and alternator expert has received full payment for all amounts owed by the Customer, Aus starter and alternator expert reserves the following rights:

5.2.1 Legal and beneficial ownership of the Goods;

5.2.2 The right to enter the Customer’s premises and reclaim possession of the Goods;

5.2.3 The right to retain or resell any Goods repossessed under clause 5.2.2; and

5.2.4 Any other rights available under law or under the PPSA.

5.3 If Aus starter and alternator expert resells the repossessed Goods under clause 5.2.3:

5.3.1 Aus starter and alternator expert may credit the Customer’s account with the net proceeds of the sale (after deducting all repossession, storage, selling, and other costs); or

5.3.2 If Aus starter and alternator expert retains possession of the repossessed Goods, Aus starter and alternator expert may credit the Customer’s account with the invoice value less an amount determined by Aus starter and alternator expert for wear and tear, depreciation, obsolescence, loss of profit, and costs.

5.4 Aus starter and alternator expert is not liable for any costs, damages, expenses, or losses incurred by the Customer or any third party resulting from any action taken to repossess the Goods.

5.5 If the Goods are attached, fixed, or incorporated into any property of the Customer, ownership remains with Aus starter and alternator expert until full payment is made for all amounts owed. If these Goods are mixed with other property to become part of a new product, ownership of these products is considered assigned to Aus starter and alternator expert as security until all amounts owed to Aus starter and alternator expert are fully satisfied.

5.6 Until Aus starter and alternator expert receives full payment for the Goods, the Customer acknowledges that Aus starter and alternator expert holds a Purchase Money Security Interest (PMSI) over the Goods and their proceeds, and a Security Interest in relation to other amounts owed by the Customer to Aus starter and alternator expert.

General

5.7 By agreeing to these Terms and Conditions of Trade, the Customer acknowledges and accepts that these terms constitute a Security Agreement under the PPSA.

5.8 The Customer agrees to undertake any actions requested by Aus starter and alternator expert and reasonably necessary for the following purposes:

5.8.1 Ensuring that a Purchase Money Security Interest (PMSI) and/or Security Interest is enforceable, perfected, and effective;

5.8.2 Allowing Aus starter and alternator expert to apply for any registration or provide any notification related to the Security Interest established under this Agreement to ensure that the PMSI and/or Security Interest has the priority as required by Aus starter and alternator expert.

5.9 To the extent permitted by law, the Customer irrevocably waives its rights to:

5.9.1 Receive notices or statements under sections 95, 121(4), 125, 130, 132(3) (d), 132(4), and 135 of the PPSA;

5.9.2 Redeem the Goods under section 142 of the PPSA;

5.9.3 Reinstate the Agreement under section 143 of the PPSA;

5.9.4 Receive a Verification Statement.

5.10 Clause 5 does not prevent Aus starter and alternator expert from pursuing collection or legal action against the Customer to recover any outstanding amounts at any time.

6. Payment

6.1 Payment for the Goods and Services by the Customer becomes due and payable on the Payment Date.

6.2 Payment for any outstanding amount becomes immediately due and payable under any of the following circumstances:

6.2.1 Non-payment of any sum by the Payment Date;

6.2.2 Aus starter and alternator expert determines that the Customer will not pay any sum by the Payment Date;

6.2.3 The Customer becomes bankrupt or enters administration, liquidation, or receivership;

6.2.4 A Court judgment is entered against the Customer and remains unpaid for seven (7) days;

6.2.5 Any significant adverse change occurs in the Customer’s financial position.

6.3 Interest accrues on any overdue amount after the Payment Date at a rate of 15% per annum, calculated daily from the first day overdue until payment.

6.4 All payments made by the Customer must be made without set-off (whether arising in law or equity) or counterclaim (whether arising in law or equity) and without any withholding or deduction, unless prohibited by law.

6.5 The Customer agrees to pay Aus starter and alternator expert (on a full indemnity basis) for any and all losses, expenses, damages, disbursements, collection costs, and legal costs incurred or liable to be paid by Aus starter and alternator expert in connection with enforcing or preserving any rights under this contract.

6.6 For clause 6.5, the Customer acknowledges that collection costs may be calculated on a commission basis at a rate up to 20% of the amount due, and expressly agrees to pay these expenses as liquidated damages on demand. This obligation remains regardless of whether (a) Aus starter and alternator expert is not obligated to pay the collection agent the commission until the Customer settles the overdue debt (or part thereof), or (b) the extent of work performed by the collection agent before the Customer makes payment on an overdue debt.

6.7 Receipt of a cheque, bill of exchange, or other negotiable instrument does not constitute payment until Aus starter and alternator expert receives cleared funds for the entire amount of the negotiable instrument.

7. Credit

7.1 Aus starter and alternator expert reserves the right, at its sole discretion, to decline to proceed with the Contract at any time or to decline to extend credit if Aus starter and alternator expert finds the Customer’s credit unsatisfactory.

8. Claims and Returns

8.1 Acceptance of the delivered goods is considered to have occurred after 14 days from the date of each delivery for all purposes. Goods will not be accepted for return unless Aus starter and alternator expert agrees in writing prior to the return, under conditions deemed acceptable by Aus starter and alternator expert. Any return is at the customer’s full risk of loss or damage, and the goods must be in their original delivered condition. If Aus starter and alternator expert agrees to accept returned goods, the customer must pay a service fee of $25.00 and/or a restocking charge equivalent to 15% of the price of the goods.

9. Liability

9.1 All implied conditions, warranties, and commitments other than those explicitly stated in Aus starter and alternator expert Product Warranty Information Leaflet are expressly excluded to the extent permitted by law.

9.2 If the Goods are not ordinarily acquired for personal, domestic, or household use, Aus starter and alternator expert liability, at its discretion, is limited to one or more of the following:

9.2.1 Replacement or supply of equivalent Goods;

9.2.2 Repair of the Goods;

9.2.3 Payment of the cost of replacing the Goods or acquiring equivalent Goods; or

9.2.4 Payment of the cost of having the Goods repaired.

9.3 Except as provided in Schedule 2 of the Competition and Consumer Act 2010 (“CCA”), Aus starter and alternator expert is not liable for:

9.3.1 Any loss or damage of any kind arising from the Goods, including consequential loss, whether suffered by the Customer or another person, and whether in contract, tort (including negligence), or otherwise, regardless of whether such loss or damage arises directly or indirectly from the Goods; and

9.3.2 The Customer agrees to indemnify Aus starter and alternator expert against all claims and losses of any kind, however caused or arising, including but not limited to those caused by the negligence of Aus starter and alternator expert or otherwise, brought by any person in connection with any matter, act, omission, or error by Aus starter and alternator expert, its agents, or employees related to the Goods.

10. Warranty

10.1 Goods sold are covered by the manufacturer’s warranty, and any claims must adhere to Aus starter and alternator expert warranty policy for consideration. However, Aus starter and alternator expert is not responsible for any direct or consequential loss or damage arising from defects in the use of the goods.

11. Termination

11.1 Aus starter and alternator expert may terminate the Contract or suspend its performance if:

(a) The Customer breaches any provision of the Contract;

(b) The Customer assigns any of its property for the benefit of creditors;

(c) The Customer (if not a natural person) becomes subject to any form of insolvency administration, including appointment of a receiver, receiver and manager, liquidator, provisional liquidator, or administrator;

(d) The Customer (if a natural person) commits an act of bankruptcy or has a trustee in bankruptcy appointed to them;

(e) A mortgagee takes steps to exercise its right to take possession of the Customer’s property.

In such cases, Aus starter and alternator expert may also require cash payment in advance of delivery and will be entitled to payment for any Goods already delivered, work in progress, or Services provided under the Contract at the specified rate or a reasonable rate if not specified.

11.2 This clause does not limit any other remedies available to Aus starter and alternator expert, including compensation for any loss or damage suffered.

12. Property Rights

12.1 Aus starter and alternator expert retains all copyright and other proprietary rights in any Aus starter and alternator expert confidential information and materials provided to the Customer, including documents, drawings, certifications, and instructions. The Customer must only use Aus starter and alternator expert information and materials for their intended purpose and must not disclose, transfer, transmit, or make them available to any third party without Aus starter and alternator expert’s written consent.

13. Jurisdiction

13.1 These terms and conditions, and all matters relating to the business relationship between Aus starter and alternator expert and the Customer, are governed by the laws of the State of Victoria. The parties submit to the non-exclusive jurisdiction of the courts of Victoria for any litigation.

13.2 Despite clause 13.1, Aus starter and alternator expert may, at its discretion, choose to have any dispute arising from the Contract heard and determined within the jurisdiction of Victoria. In case of default in any obligation under the Contract, Aus starter and alternator expert may commence proceedings in any Court of competent jurisdiction in the capital city of Victoria or any other place as determined by Aus starter and alternator expert.

14. Privacy

14.1 Aus starter and alternator expert collects personal information about the Customer (if a sole trader, individual trustee, or partnership of individuals) for purposes outlined in its Privacy Policy available at https://ausstarter.com.au/. A hardcopy can be provided to the Customer upon request, free of charge.

14.1.1 The Privacy Policy details the personal information collected by Aus starter and alternator expert, how it is collected, used, and how the Customer can access or correct it, as well as how to make a complaint regarding Aus starter and alternator expert’s management of the information.

14.2 By instructing Aus starter and alternator expert to supply Goods, the Customer consents to Aus starter and alternator expert handling, using, disclosing, and dealing with their personal information (including credit-related information) in accordance with Aus starter and alternator expert’s Privacy Policy and Australia’s privacy laws.

15. Charge

15.1 The Customer charges in favor of Aus starter and alternator expert all their estate and interest in any land, freehold, or leasehold, presently held or acquired in the future, to secure payment of all monies owing by the Customer to Aus starter and alternator expert from time to time. The Customer consents to Aus starter and alternator expert lodging a caveat noting its interest.

16. Assignment

16.1 The Customer cannot assign these terms and conditions without Aus starter and alternator expert’s prior written consent.

16.2 Aus starter and alternator expert may assign these terms and conditions to a third party without the Customer’s consent.

17. Miscellaneous

17.1 If Aus starter and alternator expert is unable to perform any obligation under these terms and conditions due to circumstances beyond its reasonable control, including installation delays, Aus starter and alternator expert is relieved of that obligation for the duration and extent of such inability. Aus starter and alternator expert shall not be liable to the Customer for any such inability to perform.

17.2 Failure by Aus starter and alternator expert to enforce any terms and conditions in this contract does not waive its rights or obligations under this contract.

17.3 If any provision of this contract is found to be invalid, void, illegal, or unenforceable, the validity, existence, legality, and enforceability of the remaining provisions shall not be affected.

17.4 The Customer must notify Aus starter and alternator expert in writing within seven (7) days of any change in ownership of the Customer or its business, or changes in directorships for corporate Customers, or any other change that affects these terms and conditions.

17.5 The Customer indemnifies Aus starter and alternator expert against any loss or damage resulting from the Customer’s failure to notify Aus starter and alternator expert of changes in ownership.

17.6 Any variation of the terms and conditions in this contract must be agreed to in writing by Aus starter and alternator expert to be legally effective.

17.7 Clerical errors, typing mistakes, or other errors in computations, catalogues, quotations, acceptances, offers, invoices, delivery dockets, credit notes, or specifications issued by Aus starter and alternator expert are subject to correction by Aus starter and alternator expert.

17.8 The Customer acknowledges that these Conditions supersede any terms and conditions in any document provided by the Customer.

17.9 Aus starter and alternator expert reserves the right to amend these Conditions at any time by giving 30 days’ notice, including posting revised terms on its website at https://ausstarter.com.au/.