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Copyright The DAM
Dear Customers
We are classic motorcycle enthusiasts. We make every effort to provide quality parts to keep your classic motorcycle on the road.
Life is short. We don’t have to do this as a business.
But we do it because we want to see your bikes continue to be ridden and enjoyed as the manufacturer intended.
Sometimes re-manufactured parts may not be a perfect replica of the original part. We try very hard to ensure our research is correct, but sometimes you might have to make small adjustments or accept that these parts are now the best replacement available, and on very rare occasions some parts may not integrate seamlessly with parts purchased from other manufacturers. Our pricing is set to enable us to stay in business, we are not getting rich at your expense.
If any part you purchase from us is not what you expected then please call us. We want our customers to be happy and will work to find a solution for your problem.
Whether you are purchasing on the internet or in person always give thoughtful consideration to those generous people who spend thousands of hours sourcing or making parts, and who invest heavily to keep those parts in stock so you can continue to maintain your classic bike.
In this modern world where a few customers’ sense of entitlement sometimes overshadows the classic concept of good faith, it could be only be a matter of time before companies like ours will cease to exist and no parts will be available to keep your wonderful machines on the road.
For this reason we have to engage lawyers to write up these complicated legal documents.
Kind regards
Greg Parish
DA.M. Classic Racing
TERMS & CONDITIONS OF TRADE
1.GENERAL
Unless the context indicates otherwise:-
1.1 “the Company” means (The) D.A.M. Classic Racing under the ABN 21280882566
1.2 “the Customer” means the person to whom the contract is addressed.
1.3 “Delivery” takes place on the date of dispatch of the Goods to the Customer.
1.4 “The Goods” means motorcycle accessories, parts, racewear, racing equipment and associated objects sold by the Company
2.PURCHASE PRICE VARIATION
2.1 Prices are strictly nett of all GST, customs or excise duties and other changes or fees levied in respect of the sale or delivery of the Goods unless otherwise stated.
2.2 Where any taxes, duties or other charges or fees are levied or imposed on the Company the amount will be added to the price payable by the Customer.
2.3 Prices are FOB the Company’s nominated sales office unless otherwise stated.
2.4 Specifications and information received after the Customer’s receipt of the quotation and/or the Company’s receipt of the confirmation order, that were not referred to in the company’s quotation, may be subject to price variation.
2.5 Advertised prices that are not accompanied by electronic ‘Add to Cart’ or ‘Buy Now’ facility are subject to change without notice.
3. OFFER AND ACCEPTANCE
3.1 All verbal and telephone orders must be accompanied by written confirmation within one week of date of order. Production or delivery errors as a result of verbal orders will be charged to the Customer.
3.2 The Company reserves the right to accept in whole or in part or reject any order submitted by the Customer.
3.3 Following acceptance by the Company, orders are not subject to cancellation or modification except upon written approval by the Company and will be subject to cancellation charges as determined by the Company.
4. DISCOUNTS
4.1 The Company may offer discounts by such amounts and on such terms as it determines from time to time.
4.2 Discounts are given at the discretion of the Company. If there are any outstanding debts beyond the agreed terms, any further transactions allowed will be nett.
5. TERMS OF PAYMENT
Unless credit has been approved by the Company, the Customer will make full payment:-
5.1 In cash upon delivery of standard Goods: or
5.2 When placing its order for special or non-standard Goods.
5.3 Upon settlement, Goods will be dispatched without delay. Ten (10) days should be allowed for clearance of cheques.
5.4 Customers submitting Return to Drawer cheques will thereafter be treated as nett cash Customers at the discretion of the Company.
5.5 Interest on all overdue payments will be levied at the company’s current overdraft rates.
6. DELIVERY
6.1 Time for delivery of the Goods shall not be regarded as being of the essence.
6.2 Under no circumstances may the Customer deny a signature evidencing receipt of Goods by it.
7. RETURNS
7.1 No Goods will be returned by the Customer without written approval of the Company.
7.2 All unapproved returns will be refused and returned to the Customer at its expense.
8. WARRANTY
8.1 The Company warrants that each of the Goods will be free from defects in materials and workmanship for a period of 28 DAYS after the Delivery.
8.2 The Company shall repair or replace, at its absolute discretion any of the Goods determined by the Company to be defective during the warranty period. This is the Customer’s sole and exclusive remedy for Goods which do not meet this warranty. The Customer must notify the Company in writing of the claimed defect promptly after its detection and in no event later than seven (7) days after the expiry of the warranty period.
8.3 The Company will have no responsibility for damage caused to the Goods:-
8.4 During transit, handling or installation: or
8.5 By unintended use or abuse or improper storage,
8.6 Installation, maintenance, operation or repairs by the Customer or by any other person not under the Company’s supervision.
8.7 Goods are sold for racing use only.
9. REPRESENTATIVES
9.1 Any advice, recommendation, information or representation provided by the Company as to the quality or performance of the Goods or their suitability for a particular purpose is given in good faith but without any liability or responsibility.
9.2 The Customer acknowledges that it has not relied upon or been induced by any representation by the Company not expressly set out in these conditions.
10. PROPERTY AND RISKS
10.1 Risk of loss, damage or deterioration of the Goods passes to the Customer upon delivery.
10.2 Goods supplied to the Customer by the Company shall remain the sole and
10.3 absolute property of the Company as legal and equitable owner until the purchase price of the Goods has been paid to the Company.
10.4 Until the Goods supplied are paid in full:-
10.5 The Customer acknowledges that it is in possession of the Goods solely as bailee for the Company.
10.6 The Customer shall store the Goods separately from its own Goods or those of any other person, in a manner which renders them clearly identifiable as the Goods of the Company.
10.7 The Company (without prejudice to any of its other rights) without previous notice may retake and resume possession of Goods which remain the property of the Company and may enter the Customers premises or any other place where the Goods may be for that purpose upon the occurrence of one of the following events:-(where the Customer is a corporation) the Customer be wound up or is placed under official management or a receiver is appointed or an encumbrancer takes possession of its undertaking or property or any part thereof: or (where the customer is a natural person) the Customer becomes insolvent or bankrupt or commits any act of bankruptcy or assignment of the benefit or a creditor: or:
10.8 The Customer fails to pay the whole or any part of the purchase price or delivery or other charges for the Goods supplied hereunder or any other Goods or services supplied to the Customer by the Company when due; or
10.9 The Customer parts with possession of the Goods otherwise than by way of sale in the ordinary course of the Customer’s business: or
10.10 Any other terms or conditions between the Company and the Customer are breached by the Customer.
11. EXCLUSIONS
11.1 The Company shall be under no liability for injury, loss or damage of whatsoever kind or howsoever caused or by anything done or omitted to be done in connection with the Goods.
11.2 The Customer shall not have any claim of any nature whatsoever against the Company or it’s associates or employees for any failure by the Company to carry out any of its obligations as a result of a force majeure.
12. LIMITATION OF LIABILITY
12.1 Notwithstanding anything to the contrary herein contained:-
12.2 The Customer accepts all risk and responsibility for the performance of the Goods being sufficient and suitable for its purpose.
12.3 The Company shall not be liable for any consequential damages or loss of whatsoever nature in any circumstances.
12.4 The Company shall not be liable for any loss suffered by the Customer or for the damage to the Goods subsequent to Delivery.
12.5 Motorcycling is dangerous and in the circumstances the Company cannot guarantee absolute protection in respect of the Goods or Services.
12.6 The Goods and Services sold by the Company or depicted in any of its catalogues or websites is intended for off highway use and provides limited protection. Notwithstanding, injuries may occur.
12.7 The effectiveness, warranty and longevity of Goods is directly related to the manner in which it is installed, used and maintained. Individual race sanction organisations are responsible for establishing and enforcing safety requirements for events under their control. You are therefore required to liaise directly with such organisations regarding assumed risk, safety regulations and standards of compliance in respect of the Goods. The Customer assumes all risk and no warranty or representation is made as to the ability of the Goods to protect against such risk.
12.8 Due to the intended use of performance motorcycle products, DAM Classic Racing products and each part thereof, are sold "AS IS” and with all faults. To the fullest extent allowed by law, DAM Classic Racing makes NO written, oral, expressed, or implied statement of warranty or guarantee on any product, service or part sold. DAM Classic Racing or any person or body associated with DAM Classic Racing will not be liable for any direct, indirect, incidental, consequential, or special damages, including but not limited to, damage, injury, loss of life, loss of property or equipment, loss of profits or revenue, or claims from any individual or entity arising from the use of any DAM Classic Racing product or service.
12.9 MOTORCYCLE RIDING AND RACING IS A DANGEROUS ACTIVITY AND PURCHASERS OF DAM Classic Racing PRODUCTS AND SERVICES ACKNOWLEDGE THE INHERENT RISKS ASSOCIATED. DAM Classic Racing MAKES NO REPRESENTATIONS THAT ITS PRODUCTS AND SERVICES CAN REDUCE OR ELIMINATE ANY SUCH RISK.
12.10 DAM Classic Racing products are NOT FOR STREET, HIGHWAY, OR AIRCRAFT USE and are intended ONLY for race vehicles operated on closed-course facilities or race tracks with appropriate supervision of qualified technicians or mechanics to ensure that the safety needs of the race driver and others are met.
12.11 DAM Classic Racing products could be combined with other products or parts which may not be suitable and could adversely affect performance of other parts or the vehicle. The user shall determine the ultimate suitability and safety of the product for its intended use, and the user assumes all responsibility and risk in connection therewith.
13. ENTIRE CONTRACT
13.1 The Contract constitutes the entire agreement between the Company and the Customer and supersedes and novates all offers, tenders and quotations.
13.2 The Customer acknowledges that it has not been induced to enter into this agreement by any representations whatsoever made by or on behalf of the Company.
14. NOTICES
All notices that may be given pursuant to the Contract shall be deemed to have been received:-
14.1 If posted by prepaid post two (2) days after the date of posting:
14.2 If delivered by hand, on the date of delivery;
14.3 If sent by facsimile transmission, on receipt by the sender of the Activity Report as to the successful transmission.
14.4 If sent by Email transmission, on the presence of the transmission appearing in the sender’s Sent Folder.
15. SEVERABILITY
Each clause in this Contract is severable the one from the other and if any clause is found to be defective or unenforceable for any reason by the competent court, the remaining shall be of full force and effect.
16. JURISDICTION AND LAW
These Terms and Conditions of Trade are governed by and must be construed in accordance with the laws of the State of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms and Conditions of Trade, their performance and subject matter.
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