Mini Moto Racing Commercial Terms & Conditions complies with Australian Consumer Law as contained in Competition and Consumer Act 2010
1.1. In these conditions:
1.2. “Conditions” means Conditions of Sale
1.3. “Customer” means a person, firm or corporation, jointly and severally if there is more than one acquiring goods from the Supplier
1.4. “Goods” means goods and services supplied by the Supplier to the Customer
1.5. “GST” means the goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 as amended
1.6. “Supplier” means Monstar Management Pty Ltd T/A Mini Moto Racing
1.7. “RRP” means recommend retail price
2.1.1. Unless otherwise agreed to by the Supplier in writing, these Conditions apply exlusively to every contract for the sale of goods by the Supplier to the Customer and cannot be varied or supplanted by any other conditions without the prior written consent of the Supplier.
2.1.2. The Supplier’s prices are subject to change without notice and do not constitute an offer of supply
2.1.3. The Supplier reserves the right to accespt any order on part or in full. All accepted orders will be priced in accordance with the current price at the date of order.
3.1.1. Payment for goods and services supplied by the Supplier is to be made in full upon delivery
3.1.2. If credit terms are extended by the Supplier, payment for goods and services must be made by the 26th day of the month following the month in which the Supplier’s invoice is raised.
3.1.3. Credit terms may be revoked or amended at the sole discretion of the Supplier upon giving written notice to the Customer.
3.1.4. Payment by the Customer will be subject to the Supplier providing a tax invoice for GST purposes.
4.1. If the Customer defaults in payment by the due date of any amount payable to the Supplier, then all money which would become payable by the Customer to the Supplier at a late date on any account becomes immediately due and payable without the requirement of any notice to the Customer and the Supplier may, without prejudice to any other remedy available to it:-
a) charge the customer interest on any sum due at the prevailing rate pursuant to the penalty Interest Rates Act 1983 plus 3 per cent for the period from the date due until the date of payment in full;
b) charge the Customer for all expenses and costs Iincluding legal costs on a solicitor/own client basis) incurred by it resulting from the default and in taking whatever action it deems appropriate to recover any sum due;
c) cease or suspend for such period as the Supplier thinks fit, supply of any further goods to the Customer
d) By notice in writing to the Customer, terminate any contract with the Customer so far as unperformed by the supplier without effect on the accrued rights of the supplier under any contract
4.2. Clause 4.1c. and d. may also be relied upon, at the option of the Supplier:
a) Where the Customer is an individual and becomes bankrupt or enters into any scheme of arrangement or any assignment or composition with or for the benefit of his or her creditors or any class of his or her creditors generally; or
b) Where the Customer is a corporation and it enters into any scheme of arrangement or any assignment or composition with or for the benefit of his or her creditors or any class of his or her creditors generally, or has a liquidator, provisional liquidator, administrator, receiver or receiver and manager appointed, or any action is taken, for or with the view to, the liquidation (including provisional liquididation), winding up or dissolution without winding up of the Customer.
5.1. Until full payment in cleared funds is received by the Supplier for all goods supplied by it to the Customer, as well as all other amounts owing to the Supplier by the Customer:-
5.2. Title and property in all goods remain vested in the Supplier and do not pass to the Customer;
5.3. The Customer must hold the goods as fiduciary bailee and agent for the supplier;
5.4. The Customer must leep the goods separate from its goods and maintain tactile the labelling and packagaing of the Supplier
5.5. The Customer is required to hold the proceeds of any sale of the goods on trust for the Supplier in a sepaerate account, however failure to do so will not affect the Customer’s obligation to deal with the proceeds as trustees;
5.6. The Supplier may without notice, enter any premises where it suspects the goods may be and remove them, and for this purpose the Customer irrevocably licences the Supplier to enter such premises and also indemnifies the Supplier from and against all costs, claims, demands or actions by any party arising from such action
6.1. Prices quoted for the supply of goods exclude:
a) GST for goods destined outside of Australia (export)
b) The cost of freight and other charges arising from the point of dispatch of the goods to the Customer, to the point of delivery
6.2. In addition to the price for goods, the Customer must pay to the Supplier an amount specified in clause 6.b if the Supplier is providing such service
6.3. Where there is any change in the costs incurred by the Supplier in relation to goods ordered, the Supplier may vary its price for goods on order to take account of any such change.
6.4. Any RRP on goods sold by the Supplier are suggested prices only. There is no obligation to comply with the RRP.
7.1. The risk in the goods and all insurance responsibility for theft, damage or otherwise in respect of the goods will pass to the Customer immediately upon the goods leaving the Supplier’s premises.
7.2. The Customer is responsible for the organization and payment of insurance for the goods from the time they leave the premises of the Supplier.
8.1. Any period or date for delivery of goods or provision of services stated by the Supplier is intended as an estimate only and is not a contractual commitment. The Supplier will use its best reasonable endeavors to meet any estimated dates for delivery of the goods or completion of services.
9.1. Except as specifically stated in these conditions, or contained in any warranty statement provided with the goods, any term, conditions or warranty in respect of the quality, merchantability, fitness for purpose, description, assembly, manufacture, design or performance of goods, whether implied by statute, common law, trade usage, custom or otherwise, is expressly excluded.
9.2. Replacement or repair of the goods is the absolute limit of the Supplier’s liability however arising under or in connection with the description, quality, merchantability or fitness for purpose of the goods or alternatively the sale, use of, storage or any other dealings with the goods by the Customer or any third party.
9.3. The Supplier is not liable for any indirect or consequential losses or expenses suffered by the Customer or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party.
9.4. The Supplier will not be liable for any loss or damage suffered by the Customer where the Supplier has failed to meet any delivery date or cancels or suspends the supply of goods.
9.5. Nothing in these Conditions is to be interpreted as excluding, restricting or modifying or having effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods which cannot be excluded, restricted or modified.
10.1. If through circumstances beyond the control of the Supplier, the Supplier is unable to effect delivery of provision of goods, then the Supplier may cancel the Customer’s order (even if it has already been accepted) by notice in writing to the Customer.
10.2. No purported cancellation or suspension of an order or any part thereof by the Customer is binding on the Supplier after that order has been accepted by the Supplier.
11.1. The law of New South Wales from time to time governs the Conditions and the parties agree to the exclusive jurisdiction of the courts on New South Wales, the Federal Court of Australia, and of courts entitled to hear appeals from those courts.