Terms and Conditions
1. Buyer’s Statutory Rights
Nothing in these Terms and Conditions excludes, restricts, or modifies any condition, warranty, right, or remedy implied or imposed by the Competition and Consumer Act 2010 (Cth) or any applicable State or Territory legislation (including the Fair Trading Act 2010 (WA)) which cannot lawfully be excluded, restricted or modified.
To the extent permitted by law, all other warranties or conditions are excluded.
2. Warranties
The Supplier warrants that the goods supplied will:
• Conform to the Supplier’s standard specifications; and
• Be of acceptable quality and fit for their intended purpose as required under applicable law.
No additional warranty, condition, or representation is provided beyond what is legally required. The Buyer acknowledges that the Supplier does not warrant that any product will be suitable for a particular purpose unless that purpose has been disclosed in writing and confirmed in writing by the Supplier.
3. Safety and Handling Advice
Due to the chemical nature of certain products, the Buyer agrees to:
• Follow all Safety Data Sheet (SDS) instructions;
• Comply with relevant state regulations for handling and storage;
• Ensure that all products are used by appropriately trained personnel.
Any advice or information provided by the Supplier in relation to use, handling, or suitability is given in good faith, based on current knowledge, but is not a substitute for independent technical or safety assessments by the Buyer.
4. Product Use Disclaimer
The Buyer is responsible for ensuring that all products are used strictly in accordance with the relevant Safety Data Sheets (SDS), manufacturer instructions, and applicable regulations. The Supplier is not liable for any damage, injury, or loss arising from improper use, storage, or handling of chemical products.
5. Indemnity
The Buyer indemnifies the Supplier against any claims, damages, or liabilities arising from the Buyer’s use, resale, or distribution of the goods, except where such liability arises directly from the Supplier’s negligence or breach of contract.
6. Delivery
The Supplier will make reasonable efforts to deliver goods by the agreed date. However, delivery times are estimates only. The Supplier is not liable for any delays or failure to deliver due to causes beyond its control, including transport issues, supplier shortages, or force majeure events.
7. Risk
Risk in the goods passes to the Buyer upon:
• Delivery to the Buyer’s premises; or
• Delivery to a carrier arranged by the Buyer; whichever occurs first.
8. Pricing
Unless otherwise agreed in writing:
• Prices are subject to change without notice;
• The price charged is the price in effect at the time of delivery;
• Prices are exclusive of GST and other applicable taxes unless otherwise stated.
9. Payment Terms
Payment is strictly net 14 days from the date of invoice unless otherwise agreed in writing.
Late or non-payment may result in:
• Suspension of further deliveries;
• Withdrawal of credit facilities;
• Immediate demand for all outstanding amounts;
• Legal recovery actions.
If the Buyer becomes insolvent, enters administration, or has a receiver or manager appointed, all outstanding amounts become immediately due and payable.
10. Interest on Overdue Accounts
If the Buyer fails to pay any amount by the due date, the Supplier may charge interest on the overdue amount at a rate of 12% per annum, calculated daily.
The Buyer is also liable for all reasonable costs incurred by the Supplier in recovering overdue amounts, including legal fees and debt collection expenses.
11. Returns and Claims
Return of goods is subject to prior written approval from the Supplier.
Claims for shortages, defects, or damage must be made in writing within 7 days of delivery.
Returned goods must be:
• In original packaging;
• Unused and in saleable condition;
• Accompanied by a copy of the invoice or delivery docket.
Custom or special-order items are non-returnable unless defective.
12. Limitation of Liability
To the extent permitted by law, the Supplier’s liability is limited to:
• Replacement or resupply of the goods; or
• Refund of the purchase price, at the Supplier’s discretion.
The Supplier is not liable for:
• Loss of profits;
• Consequential or indirect loss;
• Downtime or vehicle-related damages caused by misuse or misapplication of products.
13. Force Majeure
The Supplier shall not be liable for failure to fulfil obligations due to events beyond its reasonable control, including but not limited to natural disasters, strikes, transport disruptions, supplier shortages, or government restrictions.
14. Dispute Resolution
In the event of a dispute, the parties agree to first attempt resolution through negotiation. If unresolved within 14 days, the parties agree to proceed to mediation in Western Australia before taking legal action.
15. Jurisdiction
These Terms and Conditions are governed by the laws of Western Australia, and both parties agree to submit to the exclusive jurisdiction of the courts of WA.
16. Acceptance
By placing an order or opening a retail account with the Supplier, the Buyer acknowledges and accepts these Terms and Conditions in full.
17. Convenient Freight or Collection
Free shipping to Perth and Peel regions for orders over $200 ex GST.
18. Contact Details
Auto Shield Group Pty Ltd
ABN: 31 428 964 360
6 Hod Way Malaga WA 6090
08 9248 5502
admin@autoshield.com.au
www.autoshield.com.au
