Terms and Conditions
THIS SUPPLY OF SPARE PARTS AGREEMENT is made the 1/1/2012 BETWEEN DIRT ‘ N DIESEL PTY. LTD., A.C.N. 109 103 746 whose registered office is situated at Suite 1, 164 Boronia Road, Boronia in the State of Victoria, trading as ATOC AUTO REPAIRS as the Seller (hereinafter referred to as ATOC) and the person who is accessing this Purchase of Spare Parts Website, as Purchaser.
Terms of Trading:
Please read this Agreement carefully. It governs your use of the ATOC Web Site and the services and goods provided through the Web Site (collectively the “Web Site”). It exempts ATOC and other persons from liability or limits their liability and contains other important provisions that you should read. Each time you use the Web Site you acknowledge and signify that you have read, understood and agreed to be bound by this agreement. If you do not agree with each provision of this agreement each time you use the Web Site, you may not use the Web Site. Each time you use the Web Site, the text of this agreement as it then reads will govern your use. Accordingly, when you use the Web Site you should check the date of this agreement and review any changes since the last version.
1. YOUR ACCEPTANCE OF THIS AGREEMENT
This is an agreement between you and ATOC and governs your use of the ATOC Web Site and its content and the services and goods provided through the Web Site (collectively the “Web Site”). Each time you use the Web Site you signify your acceptance and agreement and the acceptance and agreement of any person you purport to represent (and for the purposes of this Agreement, “person” includes any type of incorporated or unincorporated entity), without limitation or qualification, to be bound by this Agreement and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement, you may not use the Web Site.
2. CHANGES TO THIS AGREEMENT:
You may not change, supplement or amend this Agreement in any way. ATOC may, in its sole discretion, change and supplement or amend this Agreement as it relates to your future use of the Web Site from time to time, for any reason and without any notice or liability to you or any other person, by posting a revised Agreement on the Web Site.
3. PERMITTED USERS AND ACCESS:
The Web Site may be used only by persons who have reached the age of majority or legal age in their jurisdictions and who can form legally binding contracts under applicable law. The Web Site may not be used by persons in jurisdictions where access to or use of the Web Site or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Web Site is lawful and you must comply with all applicable laws.
4. MISPRINTS AND ERRORS, PRODUCT AVAILABILITY, PRICES
ATOC endeavours to provide current and accurate information on the Web Site. Nevertheless, misprints or other errors may occur. Accordingly, ATOC reserves the right to change the prices, fees and charges regarding the goods and services available through the Web Site at any time and from time to time without any notice or liability to you or any other person. Also ATOC cannot guarantee that goods or services advertised on the Web Site will be available when ordered, or thereafter. ATOC also reserves the right at any time to reject, correct, cancel or terminate an order. If you order goods or services for which the price was incorrectly displayed ATOC will provide you with an opportunity to cancel your order. If you order goods or services that are not available, ATOC will notify you by email. ATOC reserves the right to limit quantities licensed or sold. The advertisements on the Web Site are invitations for purchase orders and are not offers to sell. Your properly completed and delivered order form constitutes your offer to purchase the goods and services referenced in your order. Your order shall be deemed to be accepted only if and when ATOC sends an order acceptance and shipping notice email to your email address. If you wish to cancel an order, you may request a cancellation by sending an email to ATOC. However, ATOC may not receive and process your cancellation request before it accepts and processes your order, in which case your cancellation request may not be effective.
5. DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY:
ATOC strives to make your use of the Web Site a useful and enjoyable experience and a safe and easy way to purchase goods over the Internet. Nevertheless, ATOC and its service providers (“the Providers”) do not accept any liability for your use of the Web Site. For that reason, the following provisions apply to your use of the Web Site:
Your use of the Web Site is at your own risk.
The Web Site is provided on an “as is” and “as available” basis and without any representations, warranties or conditions of any kind, whether express or implied and including without limitation implied warranties of merchantability, fitness for a particular purpose, performance or durability, all of which are hereby disclaimed by ATOC and the providers to the fullest extent permitted by law.
You (and not ATOC or the Providers) assume the entire cost of all necessary servicing, repair or correction to any computer or other equipment arising from, connected with, or relating to your use of the Web Site.
The operation of the Web Site may be affected by numerous factors beyond ATOC’s control. The operation of the Web Site may not be continuous or uninterrupted or secure. Security and privacy risks cannot be eliminated.
ATOC is under no obligation to verify the identity of users of the Web Site.
Through your use of the Web Site, you may have the opportunity to engage in commercial transactions with other persons. All such transactions are at your own risk. ATOC is not a party to any such transactions and disclaims any and all liability regarding all such transactions.
Without limiting the generality of the foregoing, ATOC and its Providers make no representation, warranty or condition that:
the Web Site will be compatible with your computer and related equipment and software;
the Web Site will be available or will function without interruption or will be free of errors or that any errors will be corrected;
the information available on or through the Web Site will be accurate, complete, sequential, or timely;
certain or any results may be obtained through the use of the Web Site;
the use of the Web Site, including the browsing and downloading of any information, will be free of viruses, Trojan horses, worms or other destructive or disruptive components; or
the use of the Web Site will not infringe the rights (including intellectual property rights) of any person
and ATOC and its Providers disclaim any and all liability regarding such matters to the fullest extent permitted by law.
5.2 Liability Exclusion
ATOC and its providers will not under any circumstances be liable to you or any other person for any loss of use, loss of production, loss of income or profits (anticipated or otherwise), loss of markets, economic loss, special, indirect or consequential loss or damage or punitive damages, whether in contract, tort or under any other principle of law or equity, arising from, connected with, or related to the use of the Web Site by you or any other person and regardless of any negligence or other fault or wrongdoing by ATOC or any Provider or any person for whom ATOC or its Providers are responsible and notwithstanding that ATOC or its Providers may have been advised of the possibility of such loss or damages being incurred by you or any other person.
5.3 Liability Limitation
In no event will ATOC or any of its Providers be liable to you or any other person for any claims, proceedings, liabilities, damages, losses and costs, whether in contract, tort or under any other principle of law or equity and regardless of any negligence or other fault or wrongdoing by ATOC or any person for whom ATOC is responsible, exceed $25 (Aus.) or the amount you paid to ATOC for the use of the Web Site, whichever is less.
You hereby release, remise and forever discharge each of ATOC and its providers and all of their respective agents, directors, officers, employees, information providers, service providers, suppliers, licensors and licensees and all other related, associated, or connected persons from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs and disbursements of any nature and kind whatsoever and howsoever arising, whether known or unknown, which now or hereafter exist, which arise from, relate to, or are connected with your use of the Web Site.
You agree to indemnify, defend and hold harmless each of ATOC and its providers and all of their respective agents, directors, officers, employees, information providers, service providers, suppliers, licensors and licensees and all other related, associated or connected persons (collectively, the “indemnified parties”) from and against any and all liabilities, expenses and costs, including but without limitation reasonable legal fees and expenses, incurred by the indemnified parties in connection with any claim or demand arising out of, related to, or connected with your use of the Web Site or your breach of this Agreement. You will assist and co-operate as fully as reasonably required by the indemnified parties in the defence of any such claim or demand.
Advice and information provided by ATOC or its representatives, whether oral or written, will not create any representation, warranty or condition or vary or amend this Agreement, including the above disclaimer, liability exclusion, liability limitation, release and indemnity provisions and you may not rely upon any such advice or information.
The exclusion of certain warranties and the limitation of certain liabilities are prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you.
The disclaimer, liability exclusion, liability limitation, release and indemnity provisions, release and indemnity provisions in this Agreement survive indefinitely after the termination of this Agreement.
6. TERMINATION OF THIS AGREEMENT AND THE WEBSITE
If you breach any provision of this Agreement, you may no longer use the Web Site.
ATOC may, in its sole discretion, change, suspend or terminate, temporarily or permanently, the Web Site or any part of it or any of its features at any time, for any reason, without any notice or liability to you or any other person.
ATOC may at any time and for any reason, with or without cause and in its sole discretion, immediately suspend or terminate (in whole or in part) your permission to use the Web Site, without any notice or liability to you or any other person.
If this Agreement, or your permission to use the Web Site is terminated by you or ATOC for any reason, this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of the Web Site and your purchase of goods and services through the Web Site and anything connected with, relating to or arising from those matters.
7. INFORMATION SUBMISSIONS
All information you provide through the Web Site, including registration information (name and email address), payment information (credit card numbers and expiration dates) and transaction related information, must be true, accurate, current and complete. You must also provide ATOC with updated registration information and payment information within 30 days of any changes.
ATOC will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage and additional costs that you, ATOC or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change. ATOC may require a copy of a government issued form of identification before making any changes to your registration information.
8. OWNERSHIP AND PERMITTED USE OF THE WEB SITE
The Web Site and all information (in text, graphical, video and audio forms), images, icons, software, design, applications and other elements available on or through the Web Site are the property of ATOC, its Providers and others and are protected by Australian and international copyright, trade-mark and other laws. Your use of the Web Site does not transfer to you any ownership or other rights in the Web Site or its contents. You may only use the Web Site in the manner described specifically in this Agreement.
The Web Site may not be used for any purpose not expressly permitted by this Agreement. In particular, except as expressly stated otherwise in this Agreement, the Web Site may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, or distributed in any way, in whole or in part, without the express prior written consent of ATOC. You may not use any of the software that is used in the operation of the Web Site except while you are using the Web Site. You may not reproduce, copy, duplicate, sell or resell any part of the Web Site (including the software used in the operation of the Web Site) or access to the Web Site.
The Web Site is made available to you for your lawful use only. You may not print or download the pages.
9. PERSONAL INFORMATION PRIVACY:
10. OTHER WEB SITES:
The Web Site includes advertisements for, and links to, other Web Sites or resources and businesses operated by other persons (“Other Site”). Other Site are independent from ATOC and ATOC has no responsibility or liability for or control over Other Site, their business, goods, services, or content. Links to Other Site are provided solely for your convenience. ATOC does not sponsor or endorse any other Site or their content or the goods or services available through those other Web Site. Your use of Other Site and your dealings with the owners or operators of Other Site is at your own risk and you shall not make any claim against ATOC arising out of your use of any Other Site or your dealings with the owners or operators of any Other Site. As between you and ATOC, the provisions of this Agreement under the section headed Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity, apply with all necessary modifications, to your access to and use of any Other Site and their business, goods, services and content.
11. LINKING TO THE WEB SITE
Anyone may link to http/www.atocauto.com.au at any time.
ATOC reserves the right to cancel and revoke and permission it may give to link to the Web Site at any time, for any reason, without any notice and without any liability to you or any other person.
12. TRANSACTION AGREEMENTS:
All transactions through the Web Site, including the purchase and sale of advertising and services and the licensing of software, are governed by this Agreement and any applicable Transaction Agreement. By participating in a transaction through the Web Site, you signify your agreement and acceptance of the applicable Transaction Agreement.
From time to time ATOC may make promotions available to users of the Web Site and others. All promotions are governed by this Agreement and the applicable promotion rules. By participating in a promotion through the Web Site, you signify your agreement and acceptance of this Agreement and the applicable promotion rules.
14. DISPUTE RESOLUTION:
Any dispute or difference arising in connection with this Agreement shall be submitted to arbitration in accordance with and subject to the Rules for the Conduct of Commercial Arbitrations of the Institute of Arbitrators, AUSTRALIA. During such arbitration, both parties may be represented by a duly qualified legal practitioner.
This Agreement shall be governed by the laws of the State of Victoria and the parties hereby submit to the jurisdiction of the Courts of that State for the resolution of any dispute under this Agreement.
FURTHER TERMS AND CONDITIONS:
1. All exchanges/credits/refunds must be returned as sold accompanied by the original Invoice for proof of purchase.
2. All mechanical parts sold carry a 1 year/20,000 kms only warranty (whichever comes first), unless otherwise specified.
3. All electrical parts or components sold carry a 30 day parts only warranty unless otherwise specified.
4. All goods supplied by ATOC come with Guarantees which cannot be excluded under the Australian Consumer Law. The Customer is entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. The Customer is entitled to have the goods repaired or replaced if the goods fail to be of acceptance quality and the failure does not amount to a major failure.
5. ATOC will not be liable for any warranty repairs or replacement without prior approval from ATOC.
6. Warranty is void if parts have been tampered with, modified or dismantled.
7. Goods cannot be returned for credit if they have been specifically ordered in at your request..
8. Goods not required must be returned within 14 days of invoice date at purchaser’s expense. Goods will be accepted only at the Management’s
discretion. If accepted for return, such goods will be subject to a 20% handling charge.
9. Goods will not be accepted for return if they have been fitted, unless proven faulty and accepted as a Warranty replacement or repair.
10. Warranty is void for components used in performance/modified vehicles or parts/competition/off road/ race applications or if the wheels or tyres are larger than 33 inches in diameter.
11. Electrical or electronic goods will not be accepted for return and credit if the carton/packaging has been opened or the part fitted.
12. It is the Purchaser’s responsibility to ensure and confirm the correct fitment of each part and in the case of gear ratios are correct number of teeth match your car before FITTING a new gear set and that the correct part number is supplied. If the Purchaser is in doubt, the Purchaser should provide the motor vehicle VIN number to ATOC so that ATOC can assist and advise the appropriate item purchase.
13. In order for the goods to be accepted under the Repairer’s Warranty, the Customer must comply with any and all fitting requirements.
14. Goods MUST be in their original packaging when returned.
15. No credit is given for freight costs on returns.
ATOC will always undertake to provide adequate packaging to prevent damage to products during shipping. Our responsibility for any damage to freight ends when order has left our premises. We will consider replacement of damaged product, however judgment will be at our discretion. If damage has occurred during shipping it would be advisable to notify us and the relevant courier.
1. All mechanical components must be installed by a licensed motor vehicle repairer/ specialist.
2. Cooling systems must be cleaned and serviced by a licensed cooling system specialist.
3. It is mandatory that when fitting a new engine (petrol or diesel), that the fuel system, injectors, fuel injection pump and turbo(s) are overhauled by a licensed specialist in that field (no warranty will be given on engines that have damage caused by faulty fuel systems, injectors, fuel injector pumps or turbos).
4. It is mandatory that when fitting a new engine (petrol or diesel), that the oil cooler is replaced. (no warranty will be given on engines that have damage caused by a contaminated oil cooler).
5. Correct coolant and oil weight/type must be used and maintained at correct levels.
6. Timing belts and idlers are to be replaced at customer’s discretion and cost.
7. Broken or damaged gears in gearboxes and differentials are not covered by warranty.
8. Naturally aspirated engines (engines that do not have a factory fitted turbo) will not be covered by warranty if those naturally aspirated engines are fitted with an after market turbo.
THIS AGREEMENT IS SUBJECT TO CHANGE WITHOUT NOTICE