Terms and Conditions for Sale of Goods

CLA Truck Parts Pty Ltd ABN 95 660 058 220 Terms and Conditions for Sale of Goods

1. Acceptance
   • Parties: These Terms are between CLA TRUCK PARTS PTY LTD (ABN 95 660 058 220), its successors and assignees (referred to as “we” and “us”) and you, the person, organisation or entity described in the Order Form (referred to as “you”). These Terms apply to all Goods provided by us to you.
   • Acceptance: You have requested the Goods set out in the Order Form. You accept these Terms by:
     • accepting the Order Form online;
     • signing and returning the Order Form;
     • confirming in writing including by email that you accept the Order Form;
     • making part or full payment for the Goods;
     • accepting delivery of the Goods.
   • You agree that these Terms form the agreement under which we will supply Goods to you. Purchasing Goods from us indicates that you have had sufficient opportunity to read these Terms and contact us if needed, that you have read, accepted and will comply with these Terms.
   • Our Contact details:

CLA TRUCK PARTS PTY LTD (ABN 95 660 058 220)

Unit 1, 645 Dundas Road

FORRESTFIELD WA 6058

Office Hours: Monday – Friday: 9am – 5pm

info@truckfixwa.com.au

• Any advice, recommendation, information, assistance or service provided by the Seller in relation to Goods supplied is given in good faith, is based on the Seller’s own knowledge and experience and shall be accepted without liability on the part of the Seller and it shall be the responsibility of the Customer to confirm the accuracy and reliability of the same in light of the use to which the Customer makes or intends to make of the Goods or Services.

2. Price and Payment
   • The Customer agrees to pay the Seller the amounts set out in our Order Form.
   • Any delivery costs will be charged in addition to the Price.
   • At the Seller’s sole discretion, unless otherwise agreed between Parties in writing:
     • a non-refundable deposit may be required; and/or
     • we will not dispatch the Goods until we receive payment in full.
   • All amounts are stated in Australian dollars.
   • The Customer agrees to pay the Seller’s invoices by the payment date set out on the invoice. If the Customer does not pay by the payment date, the Seller may cease to supply the Goods until receiving payment.
   • The Seller may charge interest at a rate equal to the Reserve Bank of Australia’s cash rate from time to time plus 8% per annum, calculated daily and compounding monthly, on any amounts unpaid after the payment date.
   • If invoices are unpaid after the payment date, the Seller has the right to engage debt collection services for the collection of unpaid and undisputed debts, and the right to commence legal proceedings for any outstanding amounts owed to the Seller at the Customer’s expense.
   • The Seller reserves the right to report bad debts to independent credit data agencies.
3. Cancellation
   • Cancellation of Goods:
     • ordered to the Customer’s specifications,
     • that cannot be returned/re-sold; or
     • for non-stocklist items,

will not be accepted once an order has been placed, and the Customer must pay in full for the Goods.

• The Seller may cancel any Purchase Order to which this Agreement applies or cancel delivery of Goods at any time before the Goods are delivered by giving not less than 48 written notice to the Customer. On giving such notice the Seller shall repay to the Customer any money paid by the Customer in advance for the Goods. The Seller shall not be liable for any loss or damage whatsoever arising from such cancellation.
• Notwithstanding clause 1, in the event that the Customer cancels delivery of Goods the Customer shall be liable for any and all reasonable loss incurred (whether direct or indirect) by the Seller as a direct result of the cancellation (including, but not limited to re-stocking fees, return fees any loss of profits).

4. Delivery of Goods
   • Delivery of the Goods is taken to occur at the time that:
     • the Customer or the Customer’s nominated carrier takes possession of the Goods at the Seller’s premises; or
     • the Seller (or the Seller’s nominated carrier) delivers the Goods to the Customer’s nominated address even if the Customer is not present at the address.
   • The Seller may deliver the Goods in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in this Agreement.
   • Any time or date given by the Seller to the Customer is an estimate only. The Customer must still accept delivery of the Goods even if late and the Seller will not be liable for any loss or damage incurred by the Customer as a result of the delivery being late.
   • The Customer hereby agrees to accept delivery of the Goods within a reasonable timeframe. The Seller may, in its sole discretion, charge the Customer a storage fee or fees for any Goods withheld at the Customer’s request and the Customer hereby agrees to be liable for any such fees.
   • The Seller will not be obliged to obtain a signed receipt or other acknowledgement from any person at the nominated place for delivery but if a signed receipt or other acknowledgment is obtained from someone believed by the Supplier to be authorised by the Customer to sign or otherwise take delivery, then such signed receipt or other acknowledgement will be conclusive evidence of the Customer's acceptance of the Goods delivered.
5. Risk
   • Risk of damage to or loss of the Goods passes to the Customer on delivery and the Customer must insure the Goods on or before delivery.
   • If the Customer requests the Seller to leave Goods outside the Seller’s premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Customer’s sole risk.
6. Title
   • The Seller and the Customer agree that ownership of the Goods shall not pass until:
     • the Customer has paid the Seller all amounts owing to the Seller; and
     • the Customer has met all of its other obligations to the Seller.

7. Errors and Omissions
   • The Customer acknowledges and accepts that the Seller shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s):
     • resulting from an inadvertent mistake made by the Seller in the formation and/or administration of this Agreement; and/or
     • contained in/omitted from any literature (hard copy and/or electronic) supplied by the Seller in respect of the Services.
   • In the event such an error and/or omission occurs in accordance with clause 1, and is not attributable to the negligence and/or wilful misconduct of the Seller; the Customer shall not be entitled to treat this Agreement as repudiated nor render it invalid.
8. Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)
   • The Customer must inspect the Goods immediately on delivery. If the Goods arrive clearly and significantly damaged, the Customer should take photos or video showing the damage, refuse to accept the delivery and contact the Seller immediately.
   • The Customer must notify the Seller within 2 business days of delivery in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Customer must notify any other alleged defect in the Goods as soon as reasonably possible after any such defect becomes evident.
   • Upon such notification the Customer must allow the Seller to inspect the Goods and contact the manufacturer.
   • Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into this Agreement (Non-Excluded Guarantees). The Seller acknowledges that nothing in this Agreement purports to modify or exclude the Non-Excluded Guarantees.
   • Except as expressly set out in this Agreement or in respect of the Non-Excluded Guarantees, the Seller makes no warranties or other representations under this Agreement including but not limited to the quality or suitability of the Goods. The Seller’s liability in respect of these warranties is limited to the fullest extent permitted by law.
   • If the Customer is a consumer within the meaning of the CCA, the Seller’s liability is limited to the extent permitted by section 64A of Schedule 2.
   • If the Seller is required to replace the Goods under this clause or the CCA, but is unable to do so, the Seller may refund any money the Customer has paid for the Goods.
   • If the Customer is not a consumer within the meaning of the CCA, the Seller’s liability for any defect or damage in the Goods is:
     • limited to the value of any express warranty or warranty card provided to the Customer by the Seller at the Seller’s sole discretion;
     • limited to any warranty to which the Seller is entitled, if the Seller did not manufacture the Goods;
     • otherwise negated absolutely.
   • Subject to this clause 8, returns for defective Goods will only be accepted provided that:
     • the Customer has complied with the provisions of clause 1 and 8.2; and
     • the Seller has agreed that the Goods are defective; and
     • the Customer has completed a returns form (if applicable);
     • the Goods are returned within a reasonable time at the Customer’s cost (if that cost is not significant); and
     • the Goods are returned in as close a condition to that in which they were delivered as is possible.
   • Notwithstanding clauses 1 to 8.9 but subject to the CCA, the Seller shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
     • the Customer failing to properly preserve or store any Goods;
     • the Customer using the Goods for any purpose other than for which they were intended;
     • the Customer continuing to use any Goods after any defect became apparent or should have become apparent to a reasonably prudent user;
     • the Customer failing to follow any instructions or guidelines provided by the Seller;
     • any accident or act of God.
   • The Seller will accept the return of non-defective Goods provided that:
     • the Customer has completed the returns form;
     • the Seller receives the Goods back within 10 days of delivery;
     • the Customer pays a restocking fee of twenty-five percent (25%) of the value of the returned Goods. The restocking fee will be deducted from the refund amount;
     • the Customer pays for any delivery/freight costs; and
     • the Goods and packaging are in perfect, saleable condition. Note that all electrical components must be in sealed packaging and unopened.
   • Subject to clause, customised, or non-stocklist items or incidental items made or ordered to the Customer’s specifications are not acceptable for credit or return.
   • Notwithstanding anything contained in this clause if the Seller is required by a law to accept a return then the Seller will only accept a return on the conditions imposed by that law.
9. Disclaimers
   • To the extent permitted by law the Seller disclaims all responsibility and liability for:
     • installation of the Goods;
     • any items in the order that are unavailable;
     • products or services purchased from a third party;
     • any delays in delivery of the Goods (all delivery dates are estimates);
     • incorrect parts ordered or if Goods are not suitable for your vehicle;
     • any issues as a result of the Goods being installed by you or a third party;
     • any damage due to incorrect fitting.

10. Dispute Resolution
    • Feedback is important to us. The Seller seeks to resolve the Customer’s concerns quickly and effectively. If the Customer has any feedback or questions about the Services, please contact the Seller.
    • Except where otherwise required by law, if there is a dispute between the parties in relation to this Agreement, the parties agree to the following dispute resolution procedure:
      • The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The parties agree to meet (either online or in person) in good faith to seek to resolve the dispute by agreement between them at an initial meeting.
      • If the parties cannot agree how to resolve the dispute at that initial meeting, any party may refer the matter to a mediator. If the parties cannot agree on who the mediator should be, the complainant will ask the Law Society of Western Australia to appoint a mediator. The mediator will decide the time and place for mediation. The parties must attend the mediation in good faith, to seek to resolve the dispute.
    • Any attempts made by the parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the parties under this Agreement, by law or in equity.
11. General
    • Privacy: The Seller agrees to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
    • The failure by the Seller to enforce any provision of this Agreement shall not be treated as a waiver of that provision, nor shall it affect the Seller’s right to subsequently enforce that provision. If any provision of this Agreement shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
    • This Agreement and any contract to which they apply shall be governed by the laws of Western Australia, the state in which the Seller has its principal place of business, and are subject to the jurisdiction of the Courts in that state.
    • Subject to clause 8 the Seller shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by the Seller of this Agreement (alternatively the Seller’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods).
    • The Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Customer by the Seller nor to withhold payment of any invoice because part of that invoice is in dispute.
    • The Seller may license or sub-contract all or any part of its rights and obligations without the Customer’s consent.
    • The Customer agrees that the Seller may amend this Agreement at any time. If the Seller makes a change to this Agreement, then that change will take effect from the date on which the Seller notifies the Customer of such change. The Customer will be taken to have accepted such changes if the Customer makes a further request for the Seller to provide Goods to the Customer.
    • Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party, including any restrictions due to a global pandemic.
    • The Customer warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it.
12. Definitions
    • Goods as set out in the Order Form.
    • Order Form means the order form provided to the Customer or the online checkout/order form to which these Terms form part of.
    • Price as set out in the Order Form.
    • Purchase Order means any order for Goods provided by the Customer and accepted by the Seller.