AO4WD offer a wide range of spring and shock absorbers for each vehicle application. The correct selection of these components is most important in achieving the best suspension performance.
Each vehicle must be considered individually as many variables can influence the result.
Averange weight of added accesories: To be referred to suggested additional load throughout catalogue.
Consideration must be given to the added and position of load in ache case.
Understand the usage of the vehicle, select suspension appropiate to the type of conditions and workload, also consider the request and performance of the driver.
In these Terms and Conditions of Sale (“Terms”),” Goods” means the goods the subject of the Contract; AO4WD” means the entity selling the Goods; “Buyer” means the entity purchasing the Goods; “Contract” means each contract between AO4WD and Buyer for the sale and purchase of Goods and “order” includes” offer”.
2. TERMS AND CONDITIONS
The only terms of the Contract are those agreed to in writing by AO4WD. These Terms (to the extent they are not inconsistent with terms agreed to in writing by AO4WD.) and those which are implied or imposed by law (including the Trade Practices Act 1974 Cth)) to the extent that it is not lawful or possible to exclude them. All other terms, conditions and warranties are expressly excluded. lf a conflict arises between the terms of any order made by Buyer and these Terms, these Terms will prevail. An agreement to deliver the Goods in instalments is taken to be a separate Contract for each instalment. These Terms and each Contact including them are governed by the laws of New South Wales and AO4WD. and Buyer submit to the jurisdiction of the courts of that State. lf a term is held to be unenforceable, the remaining terms will apply.
3. QUOTATIONS AND ORDERS
Any quotation made by AO4WD. will not be construed or operate as an offer or obligation to sell. AO4WD. reserves the right to accept or reject in its absolute discretion any order received by it. Buyer will not be entitled to cancel or refuse delivery of, or payment for, any order made by it which has been accepted by AO4WD.
The price payable to AO4WD. by Buyer for the Goods will be the price agreed; failing which it will be the price prevailing at the date the Goods are dispatched by AO4WD. for delivery to Buyer. Prices are payable in Australian currency and exclusive of delivery costs, taxes, duties and other imposts which, if changeable, are payable by Buyer. Prices quoted in any AO4WD. pricelist are suggested prices only and may be changed by AO4WD. without notice.
Buyer must pay cash for the Goods on delivery or, at AO4WD absolute discretion, strictly within 30 days of delivery. AO4WD. will appropriate payments first to outstanding interest and then to outstanding accounts in the date order rendered.
6. OVERDUE AMOUNTS
lf Buyer fails to pay all or part of any amount to AO4WD. when due, interest will be payable on that amount from its due date until it is paid in full at a rate equivalent to 2% per annum above the overdraft rate from time to time charged to AO4WD. by its principal banker.
AO4WD. will make all reasonable efforts to deliver the Goods on the dates agreed, to the place or carrier designated by Buyer. AO4WD. has the right to make delivery in instalments and to deliver those Goods available for delivery. Buyer has no right to terminate the Contract because of a delay in delivery.
AO4WD. warrants that its
products are manufactured to S.A.E.- Society of Automotive Engineers –
specifications for the particular product. AO4WD further warrants that all
products sold here under are free from defects in material and workmanship.
AO4WD. will, at its sole option, repair or replace any products supplied by it which are found to be defective in either materials or workmanship providing that AO4WD. is actually notified in writing from Buyer of the alleged defect within ninety (90) days from the date of invoice. Any claim not made within this period shall conclusively be deemed waived by the Buyer. Repair or replacement is preconditioned on the examination of the goods by AO4WD. and, if requested by AO4WD. return of the goods to AO4WD.
No Products are to be returned to AO4WD. without its written consent, according to procedures outlined in this manual, and the receipt by the Buyer of specific shipping instructions. AO4WD. shall not be liable for any expense incurred by Buyer in order to remedy any defect in its products. AO4WD. shall not be liable for any consequential, special, in direct or contingent damage or expense arising directly or indirectly from any defect in its products or from use of any products. This warranty does not apply to (1) Goods bought for industrial, mining or agricultural use, (2) Goods bought for resupply or resale, (3) Goods no longer required by Buyer, (4) Goods incorrectly chosen by Buyer; or (5) Goods modified or altered by Buyer (including changing colour).
EXCEPT AS SET FORTH HEREIN, AND EXCEPT AS TO TITLE, IT IS EXPRESSLY AGREED (a) THAT THERE IS NO WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NOR OTHER WARRANTY EXPRESS, IMPLIED OR STATUTORY NOR ANY AFFIRMATION OF FACT, OR PROMISES BY AO4WD. WITH REFERENCE TO THE GOODS WHICH EXTENDS BEYOND THE SPECIFICATIONS, AGREED UPON BY AO4WD. AND THE BUYER AND (b) THAT THE BUYER IF ANY MUTUALLY ACKNOWLEDGES THAT IT IS PURCHASING THE GOODS SOLELY ON THE BASIS OF THE COMMITMENTS OF AO4WD. EXPRESSLY SET FORTH HEREIN. NO PERSON IS AUTHORIZED TO CHANGE OR ADD TO ANY OF AO4WD OBLIGATIONS UNDERTHIS WARRANTY IN NO EVENT SHALL AO4WD. BE LIABLE FOR ANTICIPATED PROFITS OR FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
Buyer agrees to indemnify and hold AO4WD. harmless from and against any loss, injury or damage, to person or property, that extends beyond the warranties set forth above, whether the claims against AO4WD. or the damages are incidental or consequential.
Product is warranted
against defects in material or workmanship that cause the product to perform
below the specified limits set by AO4WD, to the extent that AO4WD will repair
or replace any parts which are found to be defective.
All warranty claims must be submitted via original purchasing store or chain, unless otherwise arranged.
Proof of original purchase must be presented upon request.
Products may require to be returned to AO4WD for assessment or repair. Postage and removal costs involved are not the responsibility of AO4WD, and may only be considered upon discretion by AO4WD in the event of such claim being verified.
The warranty does NOT apply where, 1) acts of neglect or misuse are evident, 2) product has been modified, 3) vehicles which are modified or not the recommended vehicle of use, 4) used in racing or competition conditions without the prior consent of AO4WD, 5) used beyond the expectations of the original vehicle manufacturer.
Before installation of any
product, please ensure you have received the correct parts for your
Ordering of the correct parts is the responsibility of the buyer. Return of a product in an un-used condition will attract a 15% restock fee, where AO4WD is not at fault.
Return of used or soiled product, 1) outside warranty period, 2) without fault, will result in refusal of your claim and be returned at buyer`s expense.
Damage to products through fitment error is not covered under warranty.
Buyer acknowledges that the Goods leaving AO4WD premises are adequately packed. Claims for damage in transit must be made against the carrier and, while AO4WD. will not accept liability for any damage, details of any claim must be promptly advised to AO4WD. Prior to acknowledging delivery to the carrier, Buyer must ensure that the complete consignment has been received as specified in the carrier’s note. Any shortage or visible damage to outer packaging must be endorsed on the carrier’s note. Any shortages and/or damages must be reported to AO4WD. within 72 hours or receipt.
10.1 Title to the Goods will not pass to Buyer until the earlier of :
(a) AO4WD. being paid in
full under all Contracts; or
(b) the sale by Buyer of the Goods in its ordinary course of business (in which case Buyer must kept an accurate account of each sale, hold the proceeds of each sale separate from Buyer’s own money and pay AO4WD. in full from the proceeds of the purchase price of each sale despite that the payment is not otherwise due).
10.2 Until title to the Goods passes to Buyer,
(a) hold the Goods as bailed for AO4WD. and keep them in good order and condition;
(b) not remove any markings placed by AO4WD. and ensure that the Goods can be readily identified and distinguished from other property in Buyer’s possession; and
(c) deliver the Goods to AO4WD. immediately upon demand and, for this purpose, AO4WD. is authorized to enter at any time any premises on which the Goods may be located (the costs incidental to which will be borne by Buyer).
Risk in the Goods (including insurance responsibility) passes to Buyer on delivery of the Goods to the place or carrier designated by Buyer or, if sooner, possession of the Goods passes to Buyer or its agent.
12. IMPLIED TERMS, LIMITATION OF LIABILITY AND BUYERS INDEMNITY
12.1 Subject to Clause 2,
AO4WD liability for any
breach of a condition or warranty imposed or implied by law in respect of any
Goods or services which are not of a kind ordinarily acquired for personal,
domestic or household use or consumption (provided that this provision does not
apply if Buyer establishes that it is not fair or reasonable for AO4WD to rely
on it) will be limited to:
(a) in the case of Goods supplied, any one or more of the following (as AO4WD may determine):
(i) replacement of the Goods or the supply of equivalent goods; (ii) repair of the Goods;
(iiii) payment of the cost of replacing the Goods or of acquiring or obtaining equivalent goods; or
(iv) payment of the cost of having the Goods repaired; and
(b) in the case of services supplied, any one of the following (as AO4WD may determine);
(i) supplying the services again; or (ii) payment of the costs of having the services supplied again.
12.2 Subject to these Terms,
AO4WD will not be liable for any loss, damage, expense or injury of any kind or nature suffered or incurred by Buyer or any other person, arising out of or in connection with, the Contract (including, without limitation, liability due to negligence or wilful default of AO4WD and any delay in delivery) or any error (whether negligent or not) in information supplied to Buyer in connection with its subject matter or the use, possession or delivery of the Goods or the exercise by AO4WD of its rights under Clause 16 and Buyer will indemnify AO4WD in relation to any such loss, damage, expense or injury.
Any claim made by Buyer must be in writing and contain the particulars specified in the AO4WD Application for Exchange or Credit” or ‘Applications for Warranty” and be received by AO4WD within 14 days after delivery of the Goods. Subject to the Contract, no claim for credit will be recognised where (1) the Goods are made to special order or Buyer’s specifications or drawings, (2) are no longer required by Buyer, (3) are returned without the particulars required by this Clause, (4) Buyer has modified or altered the Goods (including changing colour) or (5) if the AO4WD Catalogue stipulates that return will not be accepted. lf Buyer insists on returning the Goods, it must pay AO4WD a handling fee equal to 40% or the price of the Goods.
14. FORCE MAJEURE
Despite any other term or condition of the Contract, AO4WD will not be liable for any loss, damage, expense or injury of any kind or nature suffered or incurred by Buyer or any other person, arising out of or in connection with any delay in delivery, or failure to perform any other term or condition of the Contract where that delay or failure is caused by an act of God, fire, labour dispute, civil commotion, intervention of a government, inability to obtain labour, materials or manufacturing facilities, accidents, interruptions of or delay in transportation or any other cause beyond AO4WD reasonable control
15. ERRORS OR OMISSIONS
AO4WD has the right to correct any clerical errors or omissions, whether in computation or otherwise in any quotation, acknowledgment or document forming part of a Contract.
16. BREACH BY BUYER
lf Buyer breaches a Contract or AO4WD is not satisfied of a Buyer’s ability to pay or otherwise comply with each Contract, AO4WD may by notice to Buyer, but without compensation, terminate every Contract, suspend or cease deliveries under all Contracts, set-off all deposits against amounts due and made all amounts then outstanding by Buyer to AO4WD immediately due and payable.
AO4WD right under the Contract are cumulative and in addition to any other rights. No delay or failure by AO4WD to enforce any right is a waiver or that right. any waiver by AO4WD of any term or breach of the Contract is not to be taken as a Continuing waiver or a waiver of any subsequent breach.