CONDITIONS OF QUOTATIONS

All quotations are subject to the Terms and Conditions of Injection Perfection Pty. Limited (“the company”) details of which are set out below.
The company reserves the right to vary or rescind quotations at any time prior to the customer ordering the goods and/or services the subject of such quotations.
The customer acknowledges that it has checked all quotations and is satisfied that the quotations include all of the goods and or services which the customer requires and on which the customer requires and on which the customer has requested the company to quote and that the company shall have no liability in respect of any omissions or errors in it’s quotations in respect of the goods and/or services on which the customer has requested it to quote.

TERMS AND CONDITIONS OF TRADE

For the purpose of this agreement the expressions “motor vehicle”, “watercraft” and “aircraft” means and includes parts, accessories and any other goods and or services rendered for the aforementioned.
The placing of an order either verbally or in writing by a customer (“the customer”) with Injection Perfection Pty. Limited (“the company”) shall be deemed to constitute an agreement between the customer and the company on the terms and conditions hereinafter appearing, which terms and conditions shall contain the whole of the agreement between the customer and company and no variation of the terms hereof shall be binding on or enforceable against the company unless in writing and with written confirmation by a person authorised by the company’s management to give such written confirmation and no other employee of the company nor any other person shall have any authority to alter any or all of these conditions.
It is the duty of the customer to provide the company with all information necessary for the fulfilling of any order or for the carrying out of these terms and conditions of trade and if any delay takes place on the part of the customer in giving such information then the company may at it’s option cancel any orders or rescind this agreement or charge the customer an additional price for the delay. In case of cancellation the customer will be liable to the company for any loss incurred in connections with any order or this agreement.
To the extent of which law permits, all the terms herein set forth are in lieu of and exclude all other conditions, guarantees or warranties expressed or implied, statutory or otherwise.
In no event will the company be liable for any loss, injury or damage howsoever arising to any person or property except as herein set forth and shall not on any account be liable in respect of consequential damage or loss to personal property arising out of alleged or actual defects or the use to which the motor vehicle, watercraft or aircraft is put.
In the event of the company being unable to carry out it’s obligations under this agreement due to war, strikes, accidents, vis major, plant and delivery equipment, breakdowns, shortages or parts or materials or any other cause beyond the company’s control the company may at it’s position suspend performances or cancel the agreement.
While the company will make every effort to perform it’s obligations by the time or date given by the company, it will not be liable for loss arising because of delay in performance or delivery, it being understood that times or dates for delivery or performance are business estimates only and are not contractual obligations by the company.
Statements as to suitability, quality, fitness for purpose, capacity or otherwise contained in any drawing catalogue or specification or other documents issued by the company, or given verbally by any person, shall not be regarded as forming part of the agreement resulting from acceptance of any order unless specifically stated in writing by the company.
Unless otherwise expressly stated, prices are due and payable in full, in accordance with the terms hereof on the collection of the motor vehicle, watercraft or aircraft from the company’s premises. If the customer fails to make payment in full accordance with this condition then without prejudice to any other rights of the company:

The company shall be entitled to suspend all or any other works to be undertaken under this or any other contract with the customer – and in such event the customer shall not in any respect be released from his obligations to the company under this or any such agreement.
Instead of suspension in accordance with paragraph (a) hereof the company shall be entitled to terminate this agreement or any other agreement with the customer in accordance with condition 9 hereof and to claim damages from the customer for breach, and (if the motor vehicle, watercraft or aircraft is in the possession of the customer) retake possession of the motor vehicle, aircraft or watercraft.
Where the work order or any quotation specifies progress payments the following provisions shall apply.
All progress claims shall be paid within seven (7) days from the date of the claim.
Failure to pay within such time shall at the company’s option, invoke the provisions of sub-clause (a) and (b) of this part.
Should the customer fail to make payment within fourteen days (14) days from the date of the progress claim the company is appointed the customers agent to effect sale of the motor vehicle or watercraft at such price as the company shall see fit and hold the balance proceeds of sale, if any, exceeding the indebtedness to the company on behalf of the customer.

The customer may terminate any agreement forthwith if:

The customer shall commit any breach of any of the terms (including without limitation terms concerning the time for payment of the purchase price) of this or any other agreement with the company on it’s part to be observed or performed provided that if such breach is remediable the company shall have previously given the customer notice thereof and the same has not been remedied within 7 days;
The customer compounds with or negotiates for any composition with his creditors generally or permits any judgment against him to remain unsatisfied for 7 days;
Being an individual the customer shall die or have a sequestration order made against him or commit any act of bankruptcy; or
Being a company the customer shall call any meeting of its creditors or have a receiver of all its assets appointed or enter into any liquidation, or have a winding up order made against it.

Dispatch from the company’s premises shall constitute delivery of the motor vehicle, aircraft or watercraft to the customer’s possession. Upon each dispatch the customer as bailee accepts responsibility for the safety of the motor vehicle, watercraft or aircraft and takes the risk of any loss or injury thereto, however caused, which may occur before the property in the motor vehicle, watercraft or aircraft passes to the customer. The customer shall keep the motor vehicle, aircraft or watercraft fully insured and shall indemnity the company against such loss or injury.
In no case will property in any goods supplied pursuant to this agreement pass to the customer until payment has been made to the company of the full contact price for the goods supplied including cost of transit, delivery etc. Any sale of goods (whether or not incorporated in any motor vehicle, aircraft or watercraft) by the customer to a third party prior to the passing of property to the customer will be deemed to have been made by the customer as agent for the company, and the sale proceed sufficient to cover the price of the goods and the cost of transit, delivery etc. shall be held in trust for the company as it’s property. For the purpose of this agreement, where payment is made by cheque payment shall be deemed to have been made only when the cheque is paid by the drawers bank.
Where an order is made orally based on a quotation or otherwise and goods and or services are provided then each such provision shall form a separate and distinct contract which shall be subject to the terms and conditions herein set out.
Where a dispute arises between the customer and the company as to the performance by either the customer or the company of any term, warranty or condition of any contract, the company shall have the right to stop further work and or supply pending settlement of the dispute. The company shall determine if there is a dispute and at what time the dispute is settled.
The company’s prices, unless otherwise stated, are exclusive of any sales tax, GST or any other goods or sales tax however described. If applicable, taxes will be charged at the rates ruling at the time of delivery.
The company shall accept returns of goods which shall be shown to the satisfaction of the company to be defective or which are wrongly supplied by the company or which are not to the grade stipulated on the company’s invoice or in the quotation or which are wrongly ordered by the customer subject to the following:

That written advise of such a defect, wrongly supplied goods by the company, or wrongly ordered goods by the customer is given to the company within three (3) days of the delivery of the goods to the customer;
That the returned goods have not been used, or otherwise damaged in any way or have not been incorporated in any vehicle (any such incorporation being deemed to be acceptance of goods);
That the goods are returned to the company within three (3) days of delivery of the goods to the customer.
That defects to the goods have not been caused by carelessness or improper treatment or neglect of the customer of any omission of the customer to comply with any instruction given by the company;
That, where the goods have been supplied to a wholesaler or person other than an end user, returns will only be accepted if they are defective or wrongly supplied by the company;
That returns of goods supplied pursuant to a specialist order or which are subjected to non-standard or specialist processes at the customer’s request (which goods are marked “N/S” in the company’s invoice and/or in the quotation) shall not be accepted by the company;
That in the event of the goods being incorrectly ordered by the customer, the amount credited to the customer in respect of the returned goods shall be the price applicable to such goods reduced by the total of ten per centum (10%) of such price plus the company’s associated handling costs.

Payment for the goods will be on or before delivery of the vehicle or watercraft to the customer in accordance with the terms hereof unless the customer is an “approved account” with the company.

A customer shall only be deemed to be an approved account if the company notifies the customer in writing to that effect in which case payment of the goods shall be strictly net within thirty (30) days from the date of the invoice. The company reserves the right at any time to determine that a customer ceases to be an approved account by notifying the customer to that effect either verbally or in writing and immediately upon such notification the customer shall cease to be an approved account. Interest shall be charged on overdue accounts at the rate of one and one-half per centum (1.5%) per month.

Any dispute between the customer and the company may at the option of the company be referred to a single arbitrator to be mutually agreed between the customer and the company or failing agreement to be nominated by the president for the time being of the Bar Association of NSW and the Arbitration Act for the time being in force shall apply to such arbitration.
This agreement is governed in all respects by the Law of NSW and the customer submits to the jurisdiction of the Courts of NSW.
The customer warrants that prior to the constitution of this agreement the customer was satisfied by means other than information given by or received from the company as to the quality and fitness of the goods and/or works ordered.
The customer will pay storage charges to the company for each day or part thereof from the date which is two days after notice is given by the company to the customer that the motor vehicle, aircraft or watercraft is ready for collection. Actual notice will be sufficient for the purposes of this clause and, without limiting the generality of the above; any notice sent by prepaid mail will be deemed to have been delivered in the ordinary course of the mail the day following the date of postage.
Where the work order is signed by an agent on behalf of the customer the agent warrants to the company that he is duly authorised by the customer to do so on its behalf.
It is agreed by the parties that these terms and conditions will form the basis of any future dealings between the parties unless a document or documents to the contrary are signed by the parties.
The Company its servants or agents are authorised to test-drive or carry out tests to the motor vehicle, watercraft or aircraft at the company’s discretion and may if requested by the owner collect or re-deliver it to such place as shall be nominated by the customer.

The motor vehicle, aircraft or watercraft shall at times be driven and stored at the customers risk and the customer agrees to indemnify and keep indemnified the company in that regard.

No warranty of any description is given where the motor vehicle, watercraft or aircraft is modified in any way from the makers specification nor where a vehicle, whether modified or not, is used in any competitive event or manner.
The customer hereby warrants that it is capable of granting a lein over the vehicle and accordingly grants such lien in favour of the company to secure any indebtedness to the company.
Where no price is stated in the work authority it is agreed that the customer will pay to the company a reasonable charge taking into account the nature and complexity of the work involved and at no time less than the company is currently charging for work of the nature undertaken.
The company is hereby authorised to carry out such additional work or supply such additional materials as the company may in it’s discretion deem necessary or expedient whilst undertaking services specified the work order and the customer shall pay for the same in accordance with clause 27.
Unless specifically stated in writing to the contrary no work undertaken by the company whereby the vehicle is modified from the manufacturers specification, shall be warranted to comply with any Law, statute, rule, code, classification, description or specification issued by any government, association, corporation or individual.
If the motor vehicle, watercraft or aircraft is removed from the possession of the company prior to all works the subject of the work order are carried out the customer shall pay for such services as have been performed prior to taking possession of the motor vehicle, watercraft or aircraft.
(a) Where parts or components whether new or secondhand, are provided by the customer for incorporation into a vehicle no warranty of fitness or suitability is expressed or implied by the company unless expressly agreed to in writing.

(b) Unless agreed to expressly in writing any secondhand parts fitted at a customers request whether supplied by the customer or not, will not have been inspected, overhauled or reconditioned and no warranty is expressed or implied by the company.