Terms & Conditions

AUSTRALASIAN MOTOR IMPORT GROUP PTY LTD (A.C.N.  608 097 481) “AMIG” TERMS AND CONDITIONS OF SALE

 

1. INTERPRETATION

  • In these conditions:
    Delivery” means the date the Goods are delivered by AMIG to the carrier for transport to the Purchaser or, where transport of the Goods is postponed due to the purchaser’s delay or request, the date on which AMIG notifies the Purchaser that the Goods are ready to be transported.
    Goods” means the products and, if any, services specified in the relevant Purchase Order.
    Purchaser” means the purchaser of the Goods specified in the relevant Purchase Order.
    Purchase Order” means a written order in the form from time to time approved by AMIG for the purchaser to order a specified quantity of Goods from AMIG, whether utilising an online ordering system or otherwise.
    AMIG” means AUSTRALASIAN MOTOR IMPORT GROUP PTY LTD (A.C.N.  608 097 481), the seller/supplier of the Goods.

2. Terms and Conditions

  • The Goods and any other products sold by AMIG are sold on these terms and conditions of sale. No document or statement purporting to alter these terms is effective, nor does it form part of these terms, unless it is specifically accepted as such, in writing, by a properly authorised officer of AMIG.
  • These terms and conditions of sale bind the Purchaser and AMIG whenever AMIG accepts the Purchaser’s written Purchase Order for the supply and sale of the Goods whether by words or conduct. These terms are considered by the parties to be an amendment of any pre-existing terms presented by the Purchaser in any Purchase Order, and will supersede such terms.
  • Orders placed with AMIG are subject to acceptance by AMIG and the placing of an order or the payment of a deposit will be taken as an acknowledgement that the Purchaser has read these Terms and Conditions and agrees to be bound by these Terms and Conditions.

3. Quotations

  • The price of Goods ordered by the purchaser will be as per any written quotation by AMIG for the Goods, given by AMIG to the Purchaser within 7 days after the date of receipt of the Purchase Order.
  • The Purchaser will be deemed to have accepted a quotation, on these terms, and agreed to accept the Goods specified if the Purchaser does not reject the quotation in writing, within 7 days after the date of the quotation, or such other acceptance period stated in the quotation.
  • A quotation is only valid for the country of destination that is specified and, if none is specified, for delivery in Australia.
  • All prices unless otherwise stated are nett of any fees, charges and taxes.
  • A quotation may be altered or withdrawn at any time before receipt of acceptance.

4. Shortages and Defects

  • The Purchaser waives any right to make a claim for shortage of, or defect in, any Goods delivered by AMIG to the Purchaser, unless such claim has been lodged with AMIG within 7 days from the date of Delivery of the Goods by AMIG to the Purchaser. The expiry of this time limit is agreed between the parties to be conclusive evidence of the lack of any shortage or defect in the order as delivered.
  • All specifications, drawings and particulars of weights and dimensions for Goods submitted by the Purchaser or to AMIG are approximate only and any deviation shall not constitute a shortage or defect entitling the Purchaser to a claim against AMIG.
  • All descriptions, illustrations and performances, relating to Goods, which are contained in AMIG’s catalogues, price lists and other advertising matter do not form part of the contract of sale of the Goods.
  • Where specifications, drawings or other particulars are supplied by the Purchaser, AMIG’s quotation is an estimate only based on estimates of quantities required. If any adjustments in quantities as set out in a quotation is required, any consequent increased price shall be payable by the Purchaser.

5. Delivery

  • Any delivery times made known to the Purchaser are estimates only and AMIG shall not be liable to the Purchaser for direct or indirect loss suffered by the Purchasers or its customers as a result of late delivery or non-delivery of the Goods.
  • The Purchaser will not be entitled to terminate the contract for late delivery or non-delivery of the Goods unless the parties agree otherwise in writing.

6. Loss or Damage in Transit

  • AMIG is not responsible for any loss, penalties, liquidated damages or damage to the Goods in Transit. The Purchaser will be solely responsible for any risk in transit from the point of loading for transit from AMIG’s depot or that of its agent.  Any carriers engaged to carry the goods are deemed to be agents of the Purchaser, regardless of whether AMIG engaged the carriers.
  • Without limiting clause 6.1, AMIG shall provide such reasonable assistance as may be necessary to enable the Purchaser to press claims on carriers of the Goods if the Purchaser has first notified AMIG and the carriers, in writing, immediately such loss or damage of the Goods is discovered by the Purchaser (or its agents) and has lodged a claim on the carrier within 3 days of the date of receipt of the Goods.

7. Payment

  • The Purchaser undertakes to pay all amounts as and when they become due and owing.
  • Unless agreed otherwise in writing, the purchaser must pay the invoiced price for all Goods in Australian dollars.
  • The Purchaser acknowledges and agrees that AMIG may, at its discretion, charge a service fee at the rate of 1.5 per cent per month on any overdue amounts and that in addition to the amount of the account the Purchaser shall pay in full that service fee and any legal or collection fees or other outlays incurred in recovering any such overdue account and service fee.
  • AMIG reserves the right to require payment prior to delivery of any Goods if it reasonably appears to AMIG in its absolutely unfettered opinion, that the Purchaser may be unable for any reason to effect payment promptly in accordance with the above terms. Failure or delay on the Purchaser’s part to pay in accordance with the above terms shall entitle AMIG to withhold further deliveries both in respect of any other contract for supply of the Goods to the Purchaser until such payment has been made.  It is agreed that in the event that the purchaser does not make payment in accordance with the above terms, the credit facilities may be refused, changed or withdrawn and all moneys owing by the Purchaser will become immediately payable.
  • AMIG reserves the right from time to time to place limits on the amount of credit to be extended to the Purchaser.
  • The cost of any special packing and packing materials used by AMIG for the Goods shall be at the purchaser’s expense notwithstanding that such costs may have been omitted from any quotation.
  • Prices quoted are based on rates of freight, insurance, customs duties, exchange, shipping expenses, sorting and stacking charges, cartage, rate of weights, cost of materials and other charges affecting the cost of production as at the date of quotation and any alterations to any such costs acceptance of which increase or decrease the price quoted shall be to the Purchaser’s account.
  • The Purchaser is responsible to pay all applicable Federal and State import duties, and the process of clearing the goods through any customs process and any other tax including tax in the nature of a goods and services tax, duty, charge or impost which is payable in respect of the Goods in addition to the quoted sale price.
  • AMIG may charge a reasonable amount for storage of the Goods if delivery instructions are not provided by the Purchaser within 14 days of a request by AMIG for such information.
  • All prices quoted are to be regarded as firm for the validity period stated, or where no period is stated, for a period of 14 days. When firm prices are not quoted goods will be invoiced at price ruling at date of dispatch from AMIG’s Australian depot or that of its agent.

8. Retention of Title

  • Without affecting clause 8.2, until the Goods are paid for in full by the Purchaser, ownership of the Goods remains with AMIG whether or not the Goods pass into the possession of the Purchaser.
  • The purchaser assumes the risk for any loss or damage to or deterioration of the Goods as and from the date of Delivery. The Purchaser is also liable for any costs incurred after the date of Delivery including AMIG storage costs, additional transportation costs that exceed those contemplated by the agreement between parties, increased cost of freight and insurance rates not contemplated by the quoted sale price.
  • The Purchaser must keep all ordered Goods insured for their full value from the date of Delivery until full payment for the Goods has been made.
  • "Default" shall mean:-
  • Failure by the Purchaser to pay any amount owing by the Purchaser to AMIG by the due date for any payment;
  • External administration or act of Bankruptcy of any kind;
  • The legal ownership of any Goods sold by AMIG and delivered to the Purchaser will only be transferred to the Purchaser only when the Purchaser has made payment in full for all moneys owing to AMIG, notwithstanding that the Purchaser incorporates AMIG Goods into other Goods so that they become part of the composite Goods. Until all moneys owed by the Purchaser to AMIG are paid in full AMIG may recover and keep the composite Goods in the AMIG’s capacity as fiduciary/agent of the Purchaser.  The Purchaser irrevocably authorises AMIG and its officers and agents to enter onto any premises to recover possession of the Goods prior to title passing to the Purchaser.
  • This agreement shall apply notwithstanding payment of a deposit by the Purchaser to AMIG. Further, payment of a deposit will be no barrier to AMIG taking enforcement action pursuant to this agreement.
  • Upon default being made by the Purchaser, AMIG may recover and resell the goods notwithstanding that the goods have been installed in any vehicle, and/or institute proceedings for the price of those goods.
  • Until the Goods are paid for in full, the Purchaser will store any goods supplied by AMIG in such a way that those goods are clearly the property of AMIG.
  • Upon default being made by the Purchaser, AMIG by its employees or agents may enter the Purchaser's premises for the purpose of recovering possession of the goods pursuant to sub-paragraph 3.3 above.
  • The risk of loss of AMIG goods or damage or injury to AMIG goods shall pass to the Purchaser from the time that the goods are dispatched to the Purchaser including the period the goods are in transit.

9. Equitable Charge

  •  In consideration of AMIG agreeing to accept any offer, the Purchaser and each of its directors jointly and severally hereby agrees to charge all their equitable interest in freehold or leasehold property.  Each of these parties hereby agrees to the lodgement of a caveat and / or Personal Property Securities Register notification on any such property to properly secure any part of the debt to AMIG and to deliver to AMIG within 7 days of demand, a properly executed mortgage in a form approved by AMIG, which includes a covenant providing that interest may be charged on all outstanding monies at rates set from time to time by these terms.  These parties hereby irrevocably provide AMIG with a power of attorney sufficient to register both a consent caveat and a mortgage should any amount remain unpaid at any time.  Such power of attorney is irrevocable until all funds are paid to AMIG.

10. Credit enquiries

  • In accordance with the Privacy Act, the Purchaser gives AMIG an irrevocable authority to make enquiries of other organizations and share any information relating to you credit position and status from time to time.  We will do this only so far as is required to protect and inform ourselves regarding your credit status.

11. AMIG’s Warranties

  • The Purchaser shall inspect the Goods immediately on delivery and shall, within seven days of the date of arrival and such inspection, give notice to AMIG of any matter or thing which the Purchaser may allege that the Goods are not in accordance with the contract. If the Purchaser fails to give such notice, the Goods shall be deemed to be in all respects in accordance with the contract and the Purchaser shall be bound to accept and pay for the Goods accordingly.
  • In cases where the Purchaser gives such notice as required under the preceding clause, the liability of AMIG to the Purchaser shall be limited to any one of the following (at AMIG’s absolute discretion):-
  • The repair of the Goods; or
  • replacing the Goods or acquiring the equivalent Goods; or
  • The payment of the cost of having the Goods repaired.

12. Limitation of Liability

  • Except as expressly provided in clause 11, AMIG excludes all other warranties and representations and is not responsible for any liability or costs incurred as a direct or indirect result of the use, operation, installation or alteration or repair of Goods by the Purchaser or its employees or agents.
  • The parties agree that the Purchaser has not made any representation to AMIG of the reason the Purchaser is acquiring the Goods, or the purpose for which the Goods are being acquired. The Purchaser agrees that AMIG has not, either expressly or by implication, warranted that the Goods are fit for any specific purpose. The Purchaser agrees that the responsibility of ensuring the Goods are fit the Purchaser’s purpose rests with the Purchaser. The Purchaser indemnifies and holds harmless AMIG from any and all claims that the Goods sold were not fit for a purpose for which they were acquired.
  • AMIG does not warrant the accuracy of performance figures or statistics for any of the Goods.
  • Without limiting clause 11 or 12.1, AMIG is not liable to the Purchaser under any circumstances for negligence, any consequential or indirect loss or damage arising out of the supply and sale of Goods to the Purchaser in accordance with these terms and conditions of sale.
  • Without limiting clause 11 or 12.1, to the extent that AMIG is liable to the Purchaser in respect of the Goods under clause 12.1, or is unable, by law, to exclude its liability, AMIG’s liability arising out of damage or loss resulting from the supply and sale of the Goods is limited to:
    • replacement of the Goods;
    • repair of the Goods;
    • cost of having the Goods replaced;
    • cost of having the Goods repaired; or
    • in the case of services, the cost of having the Goods supplied again,

    The choice of which remedy is to apply rests with AMIG in its sole and absolute discretion

13. General Provisions

  • Where the Purchaser is a company, the directors of the Purchaser guarantee the Purchaser’s performance of its obligations (including payments due) set out in these Terms and Conditions of Sale. The signature of an authorised officer of the Purchaser shall be sufficient evidence of the directors’ acceptance of the guarantee as part of these terms.  AMIG relies upon the proffering of this guarantee in accepting the order of the Purchaser.
  • The Purchaser must keep confidential all information, data, drawings, specifications, and documentation which are disclosed to, or obtained by, the Purchaser in relation to the Goods.
  • AMIG may modify or alter the design and construction of the Goods to incorporate improvements or to substitute material equal or superior to that originally specified.
  • If this agreement is cancelled, suspended or delayed for reasons beyond AMIG’s reasonable control, the Purchaser must pay AMIG all appropriate charges, AMIG’s overheads and reasonable profits up to the date of the cancellation, suspension or delay. This includes any charges relating to storage, disposition and/or resumption of the work following cancellation, suspension or delay.
  • This guarantee shall be governed by and construed in accordance with the laws of the State of Queensland, Australia and the parties irrevocably submit to the non-exclusive jurisdiction of the Courts of the State of Queensland in respect of all matters arising under or relating to this agreement.
  • If any provision of this agreement is void or unenforceable the provision shall be severed from this agreement to the extent it is void or unenforceable without affecting the validity or enforceability of the rest of the agreement.
  • These terms and conditions of sale constitute the entire agreement between AMIG and the Purchaser relating to the Goods and supersede all prior agreements, understandings and negotiations with respect to the Goods. Any variation or amendment to these terms and conditions is not binding on AMIG unless in writing and signed by each of the parties.

14. Collection of Personal Information (Privacy Policy)

 For the purposes of this Privacy Policy:

“You” means the Purchaser;

“We” or “us” means AMIG.

  • Types of information collected
    • We may collect and hold personal information about you, that is, information that can identify you, and is relevant to providing you with the services or products you are seeking. This personal information may include details such as your name, age, gender, contact information, products and services you are interested in or require more information about. If you purchase or request products and services from us we may also request your preferences for receiving further marketing or promotional material.
  • Method of collection
    • Personal information will generally be collected directly from you through the use of any of our standard forms, over the internet, via email, or through a telephone conversation with you. We may also collect personal information about you from third parties acting on your behalf (for instance, agents).
    • We also collect information from subscribers (persons registering their details with us through the website) or website visitors for the purpose of improving our quality and effectiveness and to provide you with information. We welcome feedback from you about all aspects of its website. We store feedback that users send to us. This feedback is used to administer and refine our service. We may also use the information to improve or promote this site. We will not publish your name in connection with any information you provide without your permission.
    • There may, however, be some instances where personal information about you will be collected indirectly because it is unreasonable or impractical to collect personal information directly from you. We will usually notify you about these instances in advance, or where that is not possible, as soon as reasonably practicable after the information has been collected.
  • Purpose of collection
    • The personal information that we collect and hold about you, depends on your interaction with us. Generally, we collect, use and hold your personal information for the purposes of:
      • providing products or services to you or someone else you know;
      • providing you with newsletters, information and other communications;
      • providing you with information about other services that we offer that may be of interest to you;
      • involving you in promotions and other initiatives undertaken by us;
      • facilitating our internal business operations, including the fulfilment of any legal requirements; and
      • analysing our services and customer needs with a view to improving those services.
  • How do we use and disclose Personal Information?
    • Generally, we only use or disclose personal information about you for the purposes for which it was collected (as set out above). We may disclose personal information about you to:
      • our related entities to facilitate our and their internal business processes;
      • third party service providers who assist us in operating our business, and these services providers may not be required to comply with our privacy policy. These providers may be based in the USA or use infrastructure located in the USA to perform services for us. By giving us your personal information, you consent to the disclosure of this information. By consenting to the disclosure of your information, Australian Privacy Principle 8.1 will not apply and you agree that we do have to take reasonable steps to ensure the information is treated in accordance with the APPs; and
      • our related entities and other organisations with whom we have affiliations so that those organisations may provide you with information about services and various promotions.
    • In some circumstances, the law may permit or require us to use or disclose personal information for other purposes (for instance where you would reasonably expect us to and the purpose is related to the purpose of collection).
  • Access and correction of Personal Information
    • You may request access to your personal information collected through this website at any time, by making a written request. Please send an email at the contact address shown on this website and we will respond to your request within a reasonable period. We may charge you a reasonable fee for providing access to your personal information (but not for making a request for access). We may decline a request for access to personal information in circumstances prescribed by the Privacy Act, and if we do, we will provide you with a written notice that sets out the reasons for the refusal (unless it would be unreasonable provide those reasons). If, upon receiving access to your personal information or at any other time, you believe the personal information we hold about you is incorrect, incomplete or out of date, please advise us and we will update it. We will take reasonable steps to correct the information so that it is accurate, complete and up to date. If we refuse to correct your personal information, we will provide you with a written notice that sets out the reasons for our refusal (unless it would be unreasonable to provide those reasons) and provide you with a statement regarding the mechanisms available to you to make a complaint.
  • Changes to our Privacy Policy
    • This privacy policy may change from time to time particularly as new rules, regulations and industry codes are introduced.
  • Complaints and feedback
    • If you wish to make a complaint about a breach of the Privacy Act, Australian Privacy Principles or a privacy code that applies to us, please contact us as set out below and we will take reasonable steps to investigate the complaint and respond to you. If you are not happy with our response, you may complain directly to the Commonwealth Information Commissioner.
    • If you have any queries or concerns about our privacy policy or the way we handle your personal information, please contact us.
  • More information
    • For more information about privacy in general, you can visit the federal Information Commissioner's website at http://www.oaic.gov.au
    • If you have any concerns or questions, please use contact details as found in this website. Thank you for taking the time to read our Privacy Statement.

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