Terms of Trade
1. Definitions (a) ‘We’, ‘us’ and ‘our’ shall mean Spy Performance Limited and its agents and employees. (b) ‘You’ shall mean the customer and its agents and employees. (c) ‘Goods’ shall mean all goods provided by us to you and shall include any fee or charge associated with the supply of goods by us to you.
2. Price (a) Unless otherwise stated our prices are inclusive of GST. GST is added to each Tax Invoice and must be paid by you. (b) Our prices are subject to change by notice to you in our sole discretion
3. Payment (a) Payment for all Goods supplied must be made in full within 14 days following the date of our invoice. (b) We will not deliver any Goods until payment has been made in full.
4. Errors or Omissions (a) Clerical errors or omissions, whether in computation or otherwise in any quotation acknowledgement or invoice, shall be subject to correction.
5. Delivery and Inspection (a) We will endeavour to comply with all delivery dates agreed in writing but such dates will not be binding on us. (b) Prior to signing for the Goods on delivery, you must inspect the Goods to determine any visible defect or damage. If you notice any defect or damage to the Goods you must refuse delivery and reject the Goods. Once you sign and accept delivery of the Goods you are deemed to have accepted them in their condition as at delivery.
6. Returned Goods (a) No Goods shall be returned for credit without our prior written approval.
7. Risk (a) The risk of any loss or damage to any Goods sold, due to any cause whatsoever shall pass to you upon delivery of the Goods. If the Goods remain on our premises owing only to your failure to accept the Goods or these Terms. (b) We may at any time assign our interest in and rights under these Terms of Trade. (c) You consent to receiving email and other correspondence from time to time regarding our products and other matters that we reasonably consider may be relevant to you.
at your request, such Goods shall be at your risk. 8. Exclusion of Warranties and Limitation of Liability (a) We give no warranty that the Goods are fit for any particular purpose (whether or not we are aware of such purpose) and, subject to the terms of any express written warranty given by us, all other conditions, warranties and representations (whether express, implied or statutory) are hereby excluded. (b) We shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever. (c) Faulty Goods will be replaced or repaired at our discretion and/or a credit issued subject the Goods not having been installed on your vehicle and being in otherwise good condition. (d) Goods will not be replaced nor credit issued where evidence exists of the Goods having been abused or improperly used. (e) In the event that we are found liable, whether in contract or in tort or otherwise, for any loss, damage or injury arising directly or indirectly from any Goods sold by us, our liability is limited to (at our option): (i) the replacement of such Goods with Goods of comparable or superior quality; or (ii) damages not exceeding the invoice value of such Goods. (f) Nothing in this clause or these Terms of Trade shall limit any rights, power and remedies that a customer may have under the Consumer Guarantees Act 1993.
9. Power to Revise Terms of Trade (a) We may revise these Terms at any time. You will be deemed to have accepted the revised Terms if you place any further orders after having been given notice of the revised Terms.
10. Collection and Use of Your Personal Information (a) You authorise us to hold and use the information supplied by you for the purposes of administration and marketing our products to you. You also agree that we may disclose your personal information to such third parties as we in our sole discretion deem necessary, for the above purposes. You are entitled to have access to the personal information held by us about you and to correct it from time to time.
11. Miscellaneous (a) Any failure by us to enforce at any time or for any period any one or more of the provisions of these Terms of Trade shall not be a waiver of those provisions or of our right at any time subsequently to enforce