RamSpeed Terms & Conditions for Sale of Parts and Service
All orders are accepted and Goods and Services supplied subject to the following express terms and conditions which are in turn subject to the Trade Practices Act 1974 (Cth). For the purposes of these terms and conditions, “Goods” and “Services” mean the goods and services ordered by the Customer and supplied by RamSpeed Pty Limited (“Company”) on these terms and conditions. No variation from these terms and conditions applies unless agreed in writing by the Company and the Customer prior to the commencement of the supply. Any acceptance by the Customer of the Goods is deemed to be an acceptance that these terms and conditions are incorporated into the Contract to the exclusion of all others.
No order is deemed to be accepted nor any contract made with the Company until a written acceptance of the order or contract is given by the Company to the Customer. All orders are accepted and contracts made subject to Goods of the description ordered being available at the times specified for delivery. If any material part of the order cannot be supplied by the due date, the Company will advise the Customer as soon as possible. In no event, however, shall the Company be liable for any indirect or consequential loss or damage or any loss of profit resulting from the non-supply in whole or in part of all of the Goods or Services ordered.
The Company may publish a price list for Goods from time to time. Prices may be increased by the Company without notice and without republishing the Price List. The Company reserves the right to invoice all Goods and Services at the price prevailing at the date of dispatch.
Prices are exclusive of Goods and Services Tax (“GST”) payable pursuant to A New Tax System (Goods and Services Tax) Act 1999 (Cth) and in addition to the price of the Goods and/or Services provided to the Customer, the Customer must pay to the Company an additional amount calculated at the rate which GST is imposed on such Goods and/or Services provided that the Company supplies the Customer with a valid tax invoice. Unless otherwise stated, prices specified in any price list published by the Company include applicable customs duties.
All Goods are sold “ex-warehouse”, and all prices are “ex-warehouse”. On behalf of the Customer and at the Customer’s request, the Company can arrange for the Goods to be delivered. If the Customer requests the Company to arrange delivery, then freight (inclusive of insurance) will be charged as a separate item on the Customer’s account.
Unless specified the Price does not cover the cost of delivery of the Goods to the destination specified by the Customer.
If the Company delivers the Goods then, unless otherwise specified by the Company, the Goods must be unloaded by the Customer immediately on arrival at the specified destination.
The Customer is responsible for any loss, damage or injury incurred by any person or to any property in the course of unloading Goods delivered by the Company or in the course of loading Goods not delivered by the Company.
The Goods are at the Customer’s risk from the time that they are delivered to the Customer (or the Customer’s agent or employee), notwithstanding that title may not have passed.
6. TITLE TO GOODS
Notwithstanding that risk in the Goods may have passed to the Customer in accordance with clause 5, until full payment for the Goods has been made, legal and beneficial title to the Goods remains with the Company, and until such time:
(a) title in the Goods does not pass to the Customer;
(b) the Customer must hold the Goods as bailee for the Company and must store the Goods securely and separately to those belonging to any other person and in a manner which makes them readily identifiable as the goods of the Company;
(c) the Company may require the Goods to be returned to it at the cost of the Customer or go onto the premises of the Customer and re-take possession of the Goods;
(d) if the Customer sells the Goods, the Customer must hold the proceeds of the sale in a separate account in the name of the Customer on trust for the Company;
(e) the Company may maintain an action for the price of the Goods notwithstanding that title in them has not passed to the Customer;
(f) if an encumbrance takes possession, or a receiver or trustee or liquidator is appointed, of the whole or a material part of the assets or undertaking of the Customer, the Customer and any such receiver, trustee or liquidator shall immediately cease to be entitled to sell the Goods.
In the case of payment other than by cash, full payment is deemed to occur on clearance or confirmation of the irrevocable receipt of funds by the Company.
Nothing in these terms and conditions or any circumstance arising from the fact that the Customer obtains possession of the Goods before obtaining title or any other circumstance makes the Customer an agent of the Company for any purpose.
7. MIXED OR CONVERTED GOODS
If the Goods:
(a) become constituents of other products so as not to be separable from those products; or
(b) are converted into other products of a distinctly different character; then title in the Goods passes to the Customer at the time the Goods become constituents of the other products or are converted into other products and if the Customer sells those other products or any of them, the Customer must hold the whole of the proceeds of sale on trust for the Company to the extent of the unpaid purchase price of the Goods.
8. QUANTITY AND DESCRIPTION
The Customer must within 7 days of the date of the invoice notify the Company and the carriers responsible for delivery of the Goods if none of the Goods have been received. The Company is not responsible for making good any non-delivery unless it is so notified.
The Customer must check the quantity of Goods delivered against the quantity due to be delivered under the Contract and sign a delivery note relating to the Goods on delivery. The Company is not responsible for making good any deficiencies in quantity unless the delivery note is appropriately endorsed and the Company is notified in writing within 7 days of delivery.
The Customer must check on delivery that the Goods are those specified by it and as described in the Invoice and the Goods are deemed to comply with the specification and description unless the delivery note is appropriately endorsed.
The Customer must, as soon as possible after delivery, check that the Goods have not been damaged and the Goods are deemed to have been delivered undamaged unless the delivery note is appropriately endorsed and the Company is notified in writing within 7 days of delivery.
If the Customer gives notice of damage to the Goods it must preserve the Goods in the state in which they were delivered for a period of 14 days from the date on which the Company is notified in writing. During that period of 14 days the Customer must allow the Company access to its premises for the purpose of inspecting the Goods. Alternatively, the Company may request the Customer to return the Goods at the Company’s expense.
9. PARTS RETURN POLICY
The following terms apply in the event that any stocked parts are returned by the Customer:
(a) A 10% handling-re-stocking charge will apply for all items returned within 14 days from date of invoice except where the return is due to the Goods having been wrongly supplied or being damaged upon supply.
(b) A 15% handling-re-stocking charge will apply for all items returned within 15-28 days from date of invoice except where the return is due to the Goods having been wrongly supplied or being damaged upon supply.
(c) Parts will not be accepted for credit after 28 days from date of invoice.
(d) In order to receive a credit you must first request a Return Authorisation Number (RMA) by contacting your local branch parts manager. You will need to provide details of your company name, an authorised contact person, phone number, original order number, original document number from the packing slip supplied with the parts, part number(s) and quantity, so we can process your request as soon as possible.
(e) Parts returned without a Return Authorisation Number (RMA) previously being provided will be returned to the sender at the senders expense.
(f) Once you receive a Return Authorisation Number (RMA), please send your return via a shipping method that can be tracked, as we cannot guarantee credit for returns sent via non-trackable methods.
(g) Credits are processed upon confirmation of receipt of the return to the relevant branch. Please allow seven (7) days for the return to be processed. You will receive a statement within a further seven (7) days detailing the particulars of the credit.
(h) Except where the return is as a result of the Goods being damaged on delivery, all parts must be returned undamaged, in original packing and in as new re-saleable condition.
(i) To receive a credit parts must not have been fitted or otherwise used.
(j) Freight costs on parts returned for credit are the Customer’s responsibility.
(k) All parts returned are at the Customer’s risk until receipted by the Company.
(l) Credit will be given only if a copy of the original invoice/packing slip or a return advice note quoting our Return Authorisation Number (RMA) accompanies the parts being returned.
(m) Bulk credit returns are not subject to the credit policy, and must be separately negotiated in advance each time a bulk credit return is sought.
(n) Batteries, seals, seal kits, gaskets, gasket kits, oils and fluids in containers, hoses and items specifically made or cut to specification are non-returnable.
(0) Non-stocked parts (Special Order Parts – parts imported on behalf of the client for their specific order) will not be accepted for credit, provided it is stated on the invoice that these items are Special Order Items.
10.PARTS AND SERVICE REPAIR WARRANTY
THIS SERVICE REPAIR WARRANTY IS ADDITIONAL TO ANY CUSTOMER’S RIGHTS IMPLIED BY FEDERAL OR STATE LAW WHICH CANNOT BE EXCLUDED.
Subject to the following conditions any component or part serviced, supplied or repaired during the course of service or repairs carried out by the Company which fails by reason of defective workmanship or material within the following six (6) months shall be repaired or replaced, at the option of the Company free of charge.
(a) The Customer shall notify the Company immediately if any problems develop in the component and before removal or disassembly is attempted. Compartment oil is to be saved.
(b) The Company alone shall determine whether failure occurred by reason of defective workmanship or materials. Such determination shall be made at one of the nominated service facilities, to which the Customer shall transport the part or component involved.
(c) The Customer shall bear all transportation and handling costs.
(d) The cost of removal of failed components and installation of replacement components shall be borne by the Company only when done by the Company.
(e) If the repair involves an exchange transmission or a major transmission repair, this warranty is not applicable unless oil coolers were serviced and oil replaced at the time of installation.
(f) If the repair involves the installation of an exchange engine or major engine repair, this warranty is not applicable unless the cooling system and the radiator were serviced or replaced at the time of engine installation.
(g) Remedies under this warranty are expressly limited to repairs or replacement as specified above, and any claims for loss arising out of failure of any machine equipment or components to operate for any period of time or for special, indirect or consequential damage or any loss of profit or any other economic loss are expressly excluded.
(h) This warranty is in lieu of any other conditions or warranties, express or implied, including any condition or warranty of merchantability or fitness for a particular purpose, except to the extent that statutory conditions or warranties may not be limited or excluded.
11. LIMITATION OF LIABILITY IN CONSUMER TRANSACTIONS
In connection with the supply to a Customer who is a consumer of any goods or services within the meaning of the Trade Practices Act 1974 (as amended) other than goods or services of a kind ordinarily acquired for personal, domestic or private use , the liability of the Company in the event of a breach of a condition or warranty implied by that Act (other than a condition or warranty implied by Section 69) is limited, subject to Section 68A of that Act, at the option of the Company to:
(i) In the case of goods, any one or more of the following:
– the replacement of the goods or the supply of equivalent goods;
– the repair of the goods;
– the payment of the cost of replacing the goods or of acquiring equivalent goods;
– the payment of the cost of having the goods repaired; or
(ii) in the case of services:
-the supplying of the services again; or
-payment of the cost of having the services supplied again.
TO THE EXTENT PERMITTED BY LAW AND EXCEPT TO THE EXTENT EXPRESSLY SET OUT IN THIS SERVICE REPAIR WARRANTY, THE COMPANY AND ITS SERVANTS AND AGENTS SHALL NOT BE LIABLE FOR ANY NEGLIGENT ACT OR OMISSION OR FOR ANY NEGLIGENT ADVICE. FURTHER, TO THE EXTENT PERMITTED BY LAW THE COMPANY AND ITS SERVANTS AND AGENTS SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL LOSS OR LOSS OF PROFITS THE CUSTOMER MAY SUFFER AS A RESULT OF ANY ACT OR OMISSION.
Unless the Customer has an approved credit facility, payment for all Goods and Services must be made in full in cash or by bank cheque before the Goods and Services are despatched. Time of payment is of the essence of this contract.
Where a credit facility has been approved, payments must be made within 14 days from the date of invoice.
Payment may be made by direct transfer into:
SpeedLine Imports Pty Ltd trading as RamSpeed
ANZ – NORWEST BUSINESS PARK
BSB NUMBER – 012410
ACCOUNT NUMBER – 294020495
In the event of late payment the Company may (without prejudice to other remedies available to it) charge interest from the date payment became due to the date of actual payment at the rate of 5 per cent per annum above the base lending rate of ANZ Banking Corporation.
If the Customer fails to make payment in accordance with this clause, all amounts owing by the Customer to the Company on any account shall immediately become due and payable.
13. DEFAULT OF BUYER
(a) If these terms and conditions are not strictly observed by the Customer, the Company may in its absolute discretion, refuse to supply the Customer and the Company shall not be liable to the customer for any loss or damage the Customer may sustain as a result of such refusal.
(b) The costs of collection of any monies due and payable by the Customer, including fees and/or agent commissions of any Mercantile Agent or Solicitor engaged by the Company shall be payable by the Customer.
The Customer waives all existing and future claims and set-offs against any payment due under the Contract and agrees to pay the amounts payable under these conditions on the due date regardless of any equity, set-off or cross claim on the part of the Customer against the Company.
Any notice required or authorised to be given under these conditions may be given by facsimile, telegram, telex, cable or prepaid letter sent to the party to whom it is addressed at its last known place of business and is deemed to have been served two days following the day on which it is proved to have been sent.
(a) The Company may give the Customer a certificate regarding any matter concerning this agreement including any amount payable by the Customer to the Company.
(b) The certificate is sufficient evidence of the accuracy of its contents unless proven to be false.
(a) No right power or remedy conferred by these conditions is exclusive of any other right power or remedy also contained in these conditions, or provided by law or equity, but each is cumulative of every other right power or remedy conferred or provided and may be enforced concurrently with them or from time to time as the Company thinks fit in its entire discretion.
(b) No relaxation, forbearance, delay or indulgence of the Company in enforcing its rights under these conditions affects, prejudices or restricts such rights and any waiver by the Company in respect of a breach of contract does not operate as a waiver of any subsequent or continuing breach.
Any of these terms and conditions, or the application of any of these terms and conditions, which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that term or condition in any other jurisdiction or of the remaining terms and conditions of the Contract in that or any other jurisdiction.
19. ALTERATION TO CONDITIONS
The Company may, at any time and from time to time alter these terms and conditions without prior notice.
The Contract is binding on and inures to the benefit of the successors and assigns of the entire business and goodwill of either the Company or the Customer or of that part of the business of either used in the performance of the Contract, but is not otherwise assignable.
21. GOVERNING LAW
These terms and conditions and any contract including them shall be governed by the laws of New South Wales. The Company and the Customer submit to the exclusive jurisdiction of the Courts of New South Wales.
22. PRIVACY NOTICE
All tyres supplied are subject to RamSpeed general terms and conditions as well as specific conditions of individual tyre manufactures/suppliers and these include tyre year of manufacture, specific usage, speed rating, etc. Tyres may be supplied from local and international sources and will not be accepted back by RamSpeed after any usage. All manufacturers’ production faults must be presented to a local tyre representative for assessment and report back to the original tyre manufacturer. It will be at a sole discretion of the tyre manufacturer to accept return and refund or replace tyres deemed faulty by their respective representatives.
Effective date 8th of March 2015
Andrew Ochudzawa – Managing Director.