TERMS & CONDITIONS OF TRADE
Emuwing Pty Ltd
PO Box 574, Rosanna, Victoria, 3084
84 617 251 733
1. All claims made to Emuwing PL must be accompanied with a Copy of the Original invoice within 7 days of receipt of the Emuwing.
2. A twelve-month hardware warranty is given against manufacturing defects. Freight charges payable by the customer.
3. All repairs affected without Emuwing PL’s written consent will be the responsibility of the customer.
4. Warranty is void if parts are tampered with. Parts returned under warranty must be complete and as sold.
5. Freight costs incurred because of faulty parts will be covered at Emuwing PL’s discretion. (Emuwing PL reserves the right to use the freight company of its choice).
6. Emuwing PL 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 accommodation, damage, hire cars, loss of turnover, profits, business or goodwill or any liability to any other party other than, if the customer is a consumer, then to the extent imposed by the ACL, due to failure of the part sold or delayed part delivery.
7. Warranty is non-transferable.
8. Emuwing PL will not accept returns or provide refunds where the customer has decided they no longer want the Emuwing.
9. Onus is on the customer to check the Emuwing supplied by Emuwing PL is correct at the time of delivery. If this is not possible, the customer must check the Emuwing is correct prior to any installation, preparation and/or painting. Customers, who fail to check for correctness, can claim no compensation.
10. Emuwing PL retains property in the goods nonetheless; all risk for the goods passes to the customer on delivery.
11. Products can take up to 28 days to despatch from our facility.
12. Due to the intrusion of our hinge into the cabin, Emuwing’s should not be installed on any vehicles where passengers will be carried in the adjacent seats. Emuwing PTY LTD will not be liable for any damage or injury occurring should this advice not be complied with.
13. These goods are sold on the condition the customer has satisfied themselves they are suitable for their purpose.
14. Nothing in the terms and conditions of trade is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or supply of services which cannot be excluded, restricted or modified.
Intellectual Property and Information
15. The customer acknowledges Emuwing PL’s title to the copyright, trademark, patent or design rights (“Intellectual Property”) in or related to any of its goods and shall not claim any right, title or interest in the Intellectual Property nor use any of the Intellectual Property other than necessary for the proper use of the goods.
16. The customer must not disclose any information that is not in the public domain about Emuwing PL or its suppliers, customers, pricing structures, marketing plans, products or product specification.
Major Mechanical Items
17. Emuwing PL will not meet labour costs for replacement components fitted under warranty.
18. Emuwing PL will not recognise any warranty claim where any failure or defect is caused by:
a. Misuse or negligence
b. Unauthorised repairs or alterations
c. Improper application or installation
19. In the event of any claim being declined, Emuwing PL reserves the right to recover out-of-pocket expenses incurred in transporting, dismantling and inspection, such costs to be reimbursed by the customer prior to re-delivery of the part and/or collection of the vehicle.
20. In the event of any dispute, a mutually acceptable third-party opinion is to be obtained to adjudicate on claims.
21. Emuwing PL cannot be held responsible for any implied or verbal representations.
Price and Payment
22. The price of each item will be set by Emuwing PL and stated on the invoice issued; the price may be increased by the amount of any GST and other taxes and duties that may be applicable.
23. Payment is due and payable upon issue of the tax invoice unless otherwise agreed.
24. Emuwing PL may require a deposit be paid; the deposit amount or percentage will be stipulated at the time of the order for goods/services and shall become immediately due and payable.
25. Payment will be made by credit card, or by EFTPOS, or by any other method as agreed between Emuwing PL and the customer.
26. Interest on overdue invoices shall accrue daily from the date when payment becomes due until the date of payment at a rate of 20% per calendar month and shall accrue at such a rate after as well as before any judgement.
27. Goods remain the property of Emuwing PL until paid for.
28. If the customer defaults in payment of any invoice when due, the customer shall indemnify Emuwing from and against all costs and disbursements including legal costs and debt recovery costs.
29. Without prejudice, should the customer breach any obligations relating to payment, Emuwing PL will suspend or terminate the supply of goods/services to the customer. Emuwing will not be liable to the customer for any loss or damage the customer suffers because Emuwing PL exercises its rights under this clause.
30. Emuwing PL is bound by the Privacy Amendment (Private Sector) Act 2000. All personal information obtained in connection with the customer will be appropriately collected, stored, used, disclosed, transferred, and destroyed in accordance with the National Privacy Principles (“NPP”).
31. The customer is required to deal with any personal information in accordance with the NPPs.
32. The law of Victoria from time to time governs the conditions. The parties agree to the non-exclusive jurisdiction of the courts of Victoria, the Federal Court of Australia, and of courts entitled to hear appeals from those Courts.
33. Emuwing PL’s failure to enforce any of these conditions shall not be construed as a waiver of any of Emuwing PL’s rights.
34. If any condition is unenforceable it shall be read down to be enforceable or, if it cannot be read down, the condition shall be severed from the conditions without affecting the enforceability of the remaining conditions.
35. A notice must be in writing and handed personally or sent by email, facsimile or prepaid mail to the last known address of the addressee. Notices sent by pre-paid post are deemed to be received upon posting. Notices sent by facsimile or email are deemed received on confirmation of successful transmission.
36. Property in and title to the goods shall remain with Emuwing and does not pass to the customer until all monies payable pursuant to this contract (including any interest, freight or insurance charges) have been paid to Emuwing within 14 days Nett of invoice date.
These Terms and Conditions are clearly displayed in our sales area. This warranty is given in addition to and notwithstanding any rights the customer may have under The Commonwealth Trade Practices Act 1974, Fair Trading Acts, State or Commonwealth Law