Terms & Conditions
1. INTRODUCTION
1.1 - These Terms, as amended from time to time, apply in respect of all offers to sell, quotations made, contracts secured and other commercial transactions for the supply of Goods and/or Services by the Supplier to the Purchaser.
1.2 - The Purchaser is deemed to have read, understood and accepted these Terms if at any time the Purchaser requests a Quote, places an Order, accesses Online Content, or pays any Deposit or other amount to the Supplier.
1.3 - The Supplier reserves the right to amend these Terms at any time at its sole discretion. By continuing to purchase Goods and/or Services from the Supplier, the Purchaser is considered to have accepted the changes.
2. QUOTATIONS/ORDERS
2.1 - A Quote or other indication of price issued by the Supplier is an invitation to treat, not a contractual offer.
2.2 - Unless previously withdrawn a Quote is valid for thirty (30) days (excluding materials) or such other period as is stated therein and is subject to withdrawal or change at any Time until the Purchaser’s order has been received and accepted by the Supplier.
2.3 - The Supplier may cancel or modify a Quote at any time before the Purchaser has accepted it.
2.4 - To the extent permitted by law, the Supplier will not be liable for any errors or omissions in a Quote.
2.5 - Quotes may only be accepted by the entirety.
2.6 - Quotes will be in Australian dollars unless otherwise specified.
2.7 - Quotes will be considered Orders following acceptance by the Purchase in writing, verbally or by conduct. Each Order incorporates the accepted Quote and these Terms.
2.8 - Once accepted by the Purchaser, an Order may only be cancelled in accordance with these Terms.
2.9 - The Supplier shall not be bound by any conditions attached to the Purchaser’s order or acceptance of the quotation, unless the Supplier in writing accepts such conditions. If the Purchaser accepts the quotation by delivery of an order form or documents, which stipulates or purports to impose conditions, such conditions shall not be applicable to the Order resulting from the Quote without such written acceptance.
3.1 - All vehicles equipped with pre-existing aftermarket accessories that could potentially interfere with the installation of additional products, a professional inspection fee of $199 may be applicable to ascertain the optimal strategy for your vehicle's enhancement. A comprehensive report detailing our findings will be presented to you. Should you elect to proceed with the services outlined in our quotation, this inspection fee will be credited towards the total cost indicated in your final invoice. Please be advised that in the event the quotation is not accepted, the inspection fee is non-refundable.
3. TERMS OF PAYMENT AND PRICES
3.1 - The Supplier will invoice the Purchaser and the Purchaser must pay the amount due on the invoice in accordance with the Payment Terms as set out in an Order, or clause 3.3.
3.2 - Any price list published by the Supplier may be changed or altered by the Supplier at any Time without notice to the Purchaser and thereafter the Supplier shall not be bound by the price list so altered. A price list published by the Supplier does not amount to an offer to sell the Goods and/or Services therein mentioned.
3.3 - If no Payment Terms are set out in a Quote, then the following payment terms shall apply:
(a) for Goods and/or Services related to Vehicles:
(i) 50% to secure the booking;
(ii) 25% progress payment of when the Vehicle arrives at the Supplier’s premises OR when parts are received in full, whatever comes first;
(iii) If the Purchaser has ordered a custom fabricated or designed component the Supplier may request this proportion of the price be paid in full before stock is released from the manufacturer’s warehouse; and
(iv) The balance cleared upon completion of the work by the Supplier BEFORE the Vehicle is released to the Purchaser.
(b) for Online Content, the Purchaser must pay in advance on a monthly subscription basis.
3.4 - All payments made for Goods and/or Services must be in Australian currency, by way of a method approved by the Supplier. Where payment is made by credit card, the Supplier may charge a credit card surcharge equal to the cost the Supplier incurs in processing the transaction.
3.5 - Payment for any Goods and/or Services sold shall become immediately due in full upon default by the Purchaser in payment for any of the Goods and/or Services which the Supplier has sold to the Purchaser and the Supplier shall be entitled to suspend the supply of further Goods and/or Services to the Purchaser.
3.6 - The Purchaser shall not be entitled to set off against or deduct from the price any sums owed or claimed to be owed to the Purchaser by the Supplier.
4. DIMENSIONS AND SPECIFICATIONS
4.1 - Unless otherwise stated all specifications, drawings and particulars of weights, dimensions and performance characteristics submitted are approximate only. Descriptions and illustrations contained in the Supplier’s website, catalogues, price lists, quote, emails and other written material are intended merely to present a general idea of the Goods and/or Services described therein and none of these shall form part of any Order.
5. DELIVERIES
5.1 - Any delivery dates and/or times quoted are given in good faith but unless otherwise stated the Supplier will not be held responsible for any delay arising from causes beyond its reasonable control. The Purchaser’s receipt of Goods shall constitute a waiver of any claim for delay.
5.2 - The Supplier shall have no liability whatsoever for any direct, indirect or consequential damage or loss arising from no delivery or any delays in delivery including off loading or misdirection in transit.
5.3 - All stock parts replaced during service or modifications must be collected at the time the vehicle is picked up. BAW Automotive is not responsible for storing these parts beyond the collection of the vehicle.
6. OTHER SUPPLIERS
6.1 - Both the Supplier and the Purchaser acknowledge that to satisfy an Order for Goods in whole or part the Supplier may:
(a) manufacture the Goods;
(b) purchase them outright:
(c) order their manufacture; or
(d) purchase the rights of a third party for the supply of Goods of similar description.
7. WARRANTIES AND GUARANTEES
7.1 - Unless notified to the Purchaser in writing, the Supplier warrants that:
(a) where the Supplier is not the manufacturer of Goods, the Goods will be free from defects in materials and workmanship on the same terms and conditions including the period of warranty as the warranties provided by the manufacturer of the Goods;
(b) where the Supplier is the manufacturer of Goods, the Goods will be free of defects and materials and workmanship for twelve months from delivery of the Goods; and
(c) Services it has provided with respect to the Purchaser’s Vehicle will be free from defects in materials and workmanship for a period of twelve months from the date Services are completed.
7.2 - The Purchaser shall immediately notify the Supplier upon discovery of any claimed defect in:
(a) Goods supplied by the Supplier;
(b) materials supplied by the Purchaser to the Supplier for purposes of work; or
(c) in materials or workmanship with respect to Services provided to a Vehicle.
7.3 - The Purchaser shall not carry out any remedial work to alleged defective Goods, or in relation to alleged defective Services, without first obtaining the consent of the Supplier so to do.
7.4 - The Supplier may inspect and test the Goods or Vehicles for the purpose of determining the extent of any defect claimed any warranty. The warranties in this clause 7 will not apply where the Supplier determines that damage to the Goods or the Vehicle has arisen due to:
(a) normal wear and tear;
(b) misuse or negligence by any person;
(c) use of the Goods or Vehicle for purposes for which they were not designed;
(d) use of the Goods or Vehicle after the Purchaser discovered the defect;
(e) inadequate or improper maintenance;
(f) alteration or repairs by third parties;
(g) use of third-party accessories, hardware or equipment which were incompatible with the Goods or Vehicle; or
(h) failure to follow any recommendations or instructions.
7.5 - Any defective Goods or parts replaced by the Supplier will be deemed to be the property of the Supplier.
7.6 - The Purchaser must return the Vehicle or Goods to the Supplier’s premises for any agreed repairs, unless the Supplier notifies the Purchase otherwise.
7.7 - The Purchaser expressly acknowledges and agrees that the Supplier is not liable for any advice given by its Representatives in relation to the suitability for any purpose of Goods or Services supplied by the Supplier and all such advice relied upon is at the Purchaser’s risk.
7.8 - BAW Automotive does not provide warranties on items that have been painted by us. This includes, but is not limited to, bull bars, chrome items, etc. It is understood that stone chips and similar marks constitute regular wear and tear. However, it is advisable that such wear is addressed promptly to prevent further damage to the paintwork.
8. ACCEPTANCE, CLAIMS, RETURNS AND SURCHARGES
8.1 - The Purchaser shall be deemed to have accepted the Goods to be of the description, quality and quantity ordered unless particulars of any claim are notified to the Supplier in writing within 7 days after arrival of Goods at the place of delivery, except claims for nondelivery which must be made in writing within 14 days from the date of invoice.
8.2 - Subject to the Consumer Law, the Purchaser acknowledges and agrees that all custom fabricated or designed parts are non-refundable.
9. INSURANCE
9.1 - The Purchaser agrees that any Vehicle delivered to the Supplier will be fully insured for replacement value.
9.2 - The Purchaser agrees to remain liable for consulting with their insurer in relation to any work that the Purchaser instructs the Supplier to carry out to the Vehicle and the effects of the work on the Purchaser’s relevant insurance policy over the Vehicle.
9.3 - In the event that the Purchaser fails to adequately insure any Vehicle, and the Vehicle is subsequently damaged in any way, the Purchaser indemnifies the Supplier with respect to same, including with respect to any associated costs.
9.4 - The Purchaser acknowledges that the work carried out by the Supplier to the Vehicle may void any current insurance policies with respect to the Vehicle, and indemnifies the Supplier in this respect.
10. LIABILITY
10.1 - If the Purchaser is a consumer within the meaning of the Consumer Law, there are certain rights (such as the consumer guarantee implied by the Consumer Law), which cannot by law be excluded (Non-Excludable Conditions). These Terms are subject to those Non-Excludable Conditions.
10.2 - Subject to any Non-Excludable Conditions and to the maximum extent permitted by law, the Supplier:
(a) excludes all guarantees, conditions and warranties that might but for this clause be implied into these Terms; and
(b) excludes all liability to the Purchaser for any Claim suffered or incurred directly or indirectly by the Purchaser in connection with these Terms and any Order, whether that liability arises under common law, equity or under statute.
10.3 - If the Supplier’s liability under these Terms cannot be lawfully excluded, then to the maximum extent permitted by law, the Supplier’s liability for breach of any non-Excludable Condition is limited, at the Supplier’s option:
(a) in the case of Goods, to the replacement of the Goods or supply of equivalent Goods, the repair of the Goods, the payment of the cost of replacing the Goods or of acquiring equivalent Goods, or the payment of the cost of having the Goods repaired; and
(b) in the case of Services, to the supplying of the Services again, or the payment of the cost of having the Services supplied again.
10.4 - To the extent permitted by law, the Purchaser releases and indemnifies the Supplier and its Representatives against all liability arising from Claims for:
(a) any loss of profit, howsoever arising;
(b) any injury, damage or loss whether consequential or otherwise save as is expressly provided in these Terms;
(c) the Purchaser’s failure to properly insure any Vehicle or Goods;
(d) a Vehicle failing to meet insurance or warranty standards as a result of the work the Purchaser has instructed the Supplier to carry out to the Vehicle;
(e) the Vehicle or Goods meeting Australian Design Regulations or legislative requirements;
(f) the Goods causing any Vehicle to be considered not roadworthy;
(g) any negligent or unlawful act or omission by the Purchaser or their Representatives in connection with the Goods or Services;
(h) any breach of these Terms by the Purchaser or its Representatives;
(i) the Supplier or a third party’s reliance on an incorrect, incomplete or misleading representation made by the Purchaser or its Representatives;
(j) any agreement in force between the Purchaser and a third party connected with the Goods or Services; or
(k) the Purchaser being required under Privacy Law to correct any data, respond to any complaint, or address any other matter raised by a person.
10.5 - The Supplier may make a claim under the indemnities in these Terms in relation to cost before having incurred the cost, or before making a payment in relation to the cost. Nothing in the indemnities in these Terms will be construed so as to prevent the Supplier from claiming damages in relation to the Purchaser’s breach of these Terms. Each indemnity in these Terms is a continuing obligation, separate and independent from the other obligations of the parties and survives termination of these Terms for whatever reason.
10.6 - In the event that the Goods or modified Vehicles do not meet design regulations or legislative requirements:
(a) the Supplier will inform the Purchaser and will require them to sign same; and
(b) the Purchaser agrees to sign the Waiver acknowledging that the goods do not meet design regulations or legislative requirements.
11. TAXES GOVERNMENT CHARGES AND GST
11. 1 - All taxes, government charges and GST applicable to any Order are the sole responsibility of and will be charged and invoiced to the Purchaser.
12. RISK/PROPERTY
12. 1 - Risk in the Goods passes to the Purchaser immediately upon delivery. The point of delivery is as shown in the body of any Quote, invoice or delivery docket and if not shown therein shall, be subject to any other agreement between the Purchaser and the Supplier.
13. TITLE
13. 1 - The Supplier and Purchaser agree that ownership of Goods shall not pass until:
(a) The Purchaser has paid the Supplier all amounts owing for the particular Goods; and
(b) The Purchaser has met all other obligations due by the Purchaser to the Supplier in respect of all contracts between the Supplier and the Purchaser.
13. 2 - Receipt by the Supplier of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then the Supplier’s ownership or rights in respect of the Goods shall continue.
13. 3 - It is further agreed that:
(a) where practicable the Goods shall be kept separate and identifiable until the Supplier shall have received payment and all other obligations of the Purchaser are met; and
(b) until such time as ownership of the Goods shall pass from the Supplier to the Purchaser the Supplier may give notice in writing to the Purchaser to return the Goods or any of them to the Supplier. Upon such notice the rights of the Purchaser to obtain ownership or any other interest in the goods shall cease;
(c) The Supplier shall have the right of stopping the Goods in transit whether or not delivery has been made;
(d) If the Purchaser fails to return the Goods to the Supplier, then the Supplier or its Representatives may enter upon and into land and premises owned, occupied or used by the Purchaser, or any premises as the invitee of the Purchaser, where the Goods are situated and take possession of the Goods, and the Purchaser shall indemnify the Supplier against any Claim arising from such entry;
(e) the Purchaser is only a bailee of the Goods and until such Time as the Supplier has received payment in full for the Goods then the Purchaser shall hold any proceeds from the sale or disposal of the Goods on trust for the Supplier;
(f) the Purchaser shall not deal with the money of the Supplier in any way which may be averse to the Supplier; and
(g) the Purchaser shall not charge the Goods in any way nor grant nor otherwise give any interest in the Goods while they remain the property of the Supplier;
(h) the Supplier can issue proceedings to recover the price of the Goods sold notwithstanding that ownership of the Goods my not have passed to the Purchaser; and
(i) until such Time that ownership in the Goods passes to the Purchaser, if the Goods are converted into other products, the parties agree that the Supplier will be the owner of the end products.
14. PERSONAL PROPERTY SECURITIES ACT 2009 (PPSA)
14. 1 - The Purchaser acknowledges that these Terms and each Order constitute a Security Agreement which creates (or may create) a Security Interest in favour of the Supplier and in all Personal Property previously supplied by the Supplier to the Purchaser (if any) and all after acquired Personal Property supplied to the Purchaser by the Supplier (or for the Purchaser’s account) to secure the payment from time to time and at a time, including future advances. The Purchaser agrees to grant to the Supplier a Purchase Money Security Interest.
14. 2 - The Purchaser acknowledges and agrees that:
(a) Pursuant to the retention of title clause 13, the Supplier obtains a Security Interest in all Goods and Services supplied by the Supplier to the Purchaser on credit, including any Commingled Goods;
(b) The Supplier can, without notice to the Purchaser, seek Registration of its Security Interest on the PPSR; and
(c) The Supplier’s Security Interest unless required to do so purchaser to the PPSA or at law generally.
14. 3 - The Purchaser will:
(a) sign any further documents and/or provide any further information (which information the Purchaser warrants to be complete, accurate and up to date in all respects) which the Supplier may reasonably require to enable perfection of its Security Interest or registration of a Financing Statement or Financing Change Statement on the PPSR;
(b) not register a Financing Change Statement or make a demand to alter the Financing Statement pursuant to section 178 of the PPSA in respect of the Goods, including any services, without the prior written consent of the Supplier;
(c) give the Supplier not less than 14 days written notice of any proposed change in their name and/or any other changes in their details (including but not limited to, changes in their address, facsimile number, email address, trading name or business practice);
(d) indemnify the Supplier against any costs the Supplier incurs in perfecting and maintaining its perfected Security Interest in the Goods or such other Personal Property under the PPSA and any costs the Supplier may incur in the course of enforcing any of its rights under this Agreement, the PPSA or at law generally; and
(e) procure from any persons considered by the Supplier to be relevant to its security position, such agreement and waivers as the Supplier may at any time reasonably require.
14. 4 - To the extent permitted by the PPSA the Purchaser waives its rights to:
(a) Receive a notice under any subsections 95(1), 121(4), 129(2) and 130(1) and sections 135 and 157 of the PPSA;
(b) receive a statement that includes the information referred to in paragraph 132(3)(d) of the PPSA;
(c) receive a statement under subsection 132(4) of the PPSA;
(d) redeem Collateral after default under section 142 of the PPSA unless the lessor agrees in writing to such redemption;
(e) reinstate the Security Agreement under section 143 of the PPSA; and
(f) give a Notice of Objection under section 137 of the PPSA.
15. TERMINATION OF NEGOTIATION OR ORDER
15.1 - Without prejudice to any other rights the Supplier may have, the Purchaser shall pay the Supplier for all costs and expenses incurred and commitments made in connection with the performance of the Order or the provision of designs/drawings or specifications or proposals plus a reasonable profit thereon, where:
(a) a Purchaser requests the Supplier to provide designs or specifications or manufacturing proposals for the manufacture of a product; or
(b) any Order resulting from a Quote is terminated for any just cause, and the Purchaser agrees that the Supplier may deduct these amounts from any Deposit.
16. PROGRESSIVE DELIVERY
16.1 - The Supplier may deliver any of the Goods progressively and shall then be entitled to payment progressively for the items of Goods delivered in such amounts as the Supplier shall reasonably determine. If the Purchaser fails to make a progress payment within the Supplier’s normal trading terms then the Supplier shall be entitled to withhold manufacture or delivery of the remainder of the Goods without incurring liability for such delay.
17. INTELLECTUAL PROPERTY
17.1 - All Intellectual Property Rights in drawings, illustrations, display material, specifications and other literature and materials for or relating to the Goods and/or Services and whether or not supplied by or on behalf of the Supplier to the Purchaser, including modifications improvements, and enhancements (Work IP) shall remain the exclusive property of the Supplier and shall not be transferred to any other party without the previous written consent of the Supplier.
17.2 - The Purchaser shall not use, reproduce, sell, licence, modify, transmit, publish, adapt or impart any Work IP to any third party without the previous written consent of the Supplier.
17.3 - Where the Supplier has followed a design, sample or instruction furnished or given by the Purchaser, the Purchaser shall indemnify the Supplier against all Claims to which it may become liable through any work required to be done in accordance with those instructions involving an infringement of any Intellectual Property Rights.
18. MARKETING AND MEDIA
18.1 - The Supplier may take photographs or record videos of the Purchaser’s Vehicle before, during and after providing Services (Media).
18.2 - The Supplier may use the Media to promote its Goods and Services on its website, through social media and other publications. The Purchaser agrees that the Supplier may disclose the relationship between the parties and the nature of the Goods and/or Services provided, and use and publish any part of the Media as its sees fit.
18.3 - The Purchaser may opt out of Media being used for promotional activities by contacting the Supplier in writing.
19. DEFAULT AND CONSEQUENCES OF DEFAULT
19.1 - Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate equal to the Queensland Law Society standard contract default rate as published from time to time. Such interest shall compound monthly at such a rate after as well as before any judgment.
19.2 - If the Purchaser defaults in payment of any invoice when due, the Purchase shall indemnify the Supplier from and against all costs and disbursements incurred by the Supplier in pursuing the debt including legal costs on a solicitor and own client basis and the Supplier’s collection agency costs.
19.3 - Without prejudice to any other remedies the Supplier may have, if at any time the Purchaser is in breach of any obligation (including those relating to payment), the Supplier may suspend or terminate the supply of Goods and/or Services to the Purchaser and any of its other obligations under these Terms. The Supplier will not be liable to the Purchaser for any loss or damage the Purchaser suffers because the Supplier has exercised its rights under this clause.
19.4 - If any amount remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00) shall be levied for administration fees which sum shall become immediately due and payable.
19.5 - Should the Purchaser not pay to the Supplier all outstanding amount within thirty (30) days of delivery to the Purchaser of a tax invoice, then the Supplier will be entitled to claim a charge for the amount of the outstanding tax invoice against any real property owned by the Purchaser and the Purchaser agrees with the Supplier that such charge shall be evidenced by a registered caveat in favour of the Supplier against the Purchaser’s property until the outstanding amount has been paid.
Without prejudice to the Supplier’s other remedies at law, the Supplier shall be entitled to cancel all or any part of any Order of the Purchaser which remains unfulfilled and all amounts owing to the Supplier shall, whether or not due for payment, become immediately payable in the event that:
(a) any money payable to the Supplier becomes overdue, or in the Suppliers opinion the Purchaser will be unable to meet its payments as they fall due; or
(b) the Purchaser becomes insolvent, convenes a meeting with its creditors or proposes or enters into an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Purchaser or any asset of the Purchaser.
20. DISCLAIMERS
20.1 - All reasonable care has been taken to provide correct and accurate information in all Online Content, company catalogues, brochures, instruction manuals and advertising material (Supplier Material). However, the Supplier makes no representation and gives no warrant or guarantee that the Supplier Material contains no errors or omissions. To the extent permitted by law, the Supplier:
(a) Gives no representation or warranty as to the quality, content or suitability for any purpose of the Supplier Material; and
(b) excludes all Claims arise from the Purchaser or any other person relying on the Supplier Material, including but not limited to personal injury, damage to any Vehicle, or damage to any other property.
20.2 - The Supplier manufactures a broad range of products on a subcontract basis; and the use of these products for any purpose other than those for which they were designed is not recommended by the Supplier and such use is strictly at the risk and discretion of the user.
20.3 - All prices and specifications are subject to change without notice.
21. PRIVACY
21.1 - The Purchaser authorises the Supplier to collect, retain, record, use and disclose commercial and consumer information about the Purchaser, in accordance with Privacy Law, to persons and/or legal entities, including a solicitor or any other professional consultant engaged by the Supplier, a debt collector, credit reporting agency and/or any other individual or organisation which maintains credit references and/or default listings.
21.2 - The Supplier may give information about the Purchaser to a credit reporting agency for the purposes of obtaining consumer and commercial credit reports and/or lodging consumer and commercial defaults on the Purchaser’s credit file. This information may be given before, during or after the provision of credit to the Purchaser and will be in accordance with Privacy Law.
22. SERVICES AT SUPPLIER’S PREMISES
22.1 - Where the Supplier is required to perform Services with respect to a Purchaser’s Vehicle at the Supplier’s premises:
(a) the Supplier will not charge the Purchaser for the duration of time that the Supplier is carrying out work to the Vehicle as set out by the Supplier;
(b) unless otherwise agreed, the Purchaser is responsible for delivering and collecting the Vehicle from the Supplier’s premises at its own cost;
(c) to the extent permitted by law, the Supplier will not be liable to the Purchaser for any Claim arising due to damage or loss of the Vehicle while it is on the Supplier’s premises;
(d) the Vehicle shall be deemed to be bailed to the Supplier; and
(e) the Supplier may exercise a possessory lien over the Vehicle until any amounts outstanding from the Purchaser are paid in full.
22.2 - Should the Purchaser deliver the Vehicle to the Supplier before work is scheduled to be carried out, or should the Purchaser fail to promptly collect the Vehicle upon completion of Services by the Supplier, the Purchaser agrees to the following Conditions:
(a) for any period exceeding one week, the Supplier will charge $110.00 per week thereafter.
(b) if the Vehicle remains unclaimed one month after completion of Services, the Supplier may sell or otherwise dispose of the Vehicle by giving at least one month’s written notice to the Purchaser.
23. GENERAL
23.1 - If any provision of these Terms shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
23.2 - These Terms and any Order shall be governed by the laws of Queensland and are subject to the jurisdiction of the courts of Queensland.
23.3 - The Supplier reserves the right to review these terms and Conditions at any Time. If, following any such review, there is to be any change to these terms and Conditions, then that change will take effect from the date on which the Supplier notifies the Purchaser of such change. Neither party shall be liable for any default due to any act of God, epidemic or pandemic, government restriction, supply shortages, war, terrorism, strike, lockout, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
23.4 - The failure by the Supplier to enforce any provision of these terms and Conditions shall not be treated as a waiver of that provision, nor shall it affect the Supplier’s rights to subsequently enforce that provision.
23.5 - The Supplier reserves the right to cancel an Order or fabrication in process or awaiting production at any stage for any reason.
23.6 - Please note that, subject to Consumer Law, all Deposits are non-refundable.
24. DEFINITIONS
In these Terms:
24.1 - “Business Day” means a day that is not a Saturday, Sunday or public holiday in Brisbane, Queensland, Australia.
24.2 - “Claim” means a claim, demand, remedy, suit, injury, damage, loss, cost, liability, action, proceeding, right of action, claim for compensation or reimbursement or liability incurred by or to be made or recovered by or against a person, however arising and whether ascertained or unascertained; immediate, future or contingent; or subject of a dispute, litigation, arbitration, mediation, conciliation or administrative proceedings.
24.3 - “Collateral”, “Commingled”, “Financing Charge Statement”, “PPSR”, “Personal Property”, “Purchase Money Security Interest”, “Security Agreement” and “Security Interest” have the meaning given in the PPSA.
24.4 - “Consumer Law” means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
24.5 - “Deposit” means any advance payment required by the Supplier.
24.6 - “Goods” means any goods provided by the Supplier to the Purchaser.
24.7 - “GST” has the meaning given by A New Tax System (Goods and Services Tax) Act 1999 (Cth).
24.8 - “Intellectual Property Rights” means all intellectual property rights, including copyright, inventions, patents (including patent applications), trade marks (whether registered or not), designs (whether registrable or not), eligible circuit layout rights, domain names, licences, know-how, trade secrets, and includes the right to register any intellectual property rights.
24.9 - “Online Content” means any videos, text, images or other information which the Supplier makes available to the Purchaser through its website or other online platform, including any “Do It Yourself”/“DIY” tutorials.
24.10 - “Order” means a contract between the Supplier and the Purchaser for the provision of Goods and/or Services, incorporating a Quote (if any) and these Terms.
24.11 - “Payment Terms” means the terms and conditions in relation to the amount payable in respect of an Order provided by the Supplier to the Purchaser.
24.12 - “PPSA” means the Personal Property Securities Act 2009 (Cth).
24.13 - “Privacy Law” means the Privacy Act 1988 (Cth) and any other applicable law that governs the use, disclosure or management of data or information relating to persons.
24.14 - “Purchaser” means any persons, companies or entities or person acting on behalf of and with the authority of the purchaser who:
(a) is named in or receives a Quote or sales invoice for the manufacture or sale of Goods or the provision of Services by the Supplier;
(b) purchases Goods and/or Services from the Supplier;
(c) requests the Supplier to provide designs/drawings or specifications or manufacturing proposals for the manufacture of a product; and/or
(d) accesses Online Content.
24.15 - “Quote” means a quotation or statement of work which sets out the Goods and/or Services the Supplier is to supply to the Purchaser, which may include prices, delivery dates and payment terms.
24.16 - “Representative” includes an employee, agent, officer, director, auditor, advisor, researcher, partner, consultant, contractor, sub-contractor, related body corporate, or other related entity of a person.
24.17 - "Services” means any services provided by the Supplier to the Purchaser, including services provided with respect to a Vehicle, or access to Online Content.
24.18 - “Supplier” means Outward Thinking Investments Pty Ltd ACN 126 487 698 as trustee for Westbrook Family Trust trading as BAW Automotive ABN 92 484 191 654.
24.19 - “Terms” means these terms and conditions, as amended from time to time.
24.20 - “Vehicle” means any vehicle owned by or in the possession of the Purchaser for which the Supplier is requested to provided Services, and includes any accessories or parts.
25. INTERPRETATION
In these Terms:
25.1 - the singular includes the plural, and the opposite also applies;
25.2 - a reference to one gender includes all other genders and no gender;
25.3 - if a word or phrase is defined, any other grammatical form of that word or phrase has a corresponding meaning;
25.4 - mentioning anything after includes, including, or similar expressions, does not limit anything else that might be included;
25.5 - a reference to a party, clause, schedule, attachment or annexure is a reference to a party, clause, schedule, attachment or annexure to or of these Terms and a reference to these Terms includes all schedules, attachments and annexures to it;
25.6 - a reference to a document is to that document as varied, novated, ratified or replaced from time to time;
25.7 - a reference to legislation is to that legislation as amended, re-enacted or replaced, and includes any subordinate legislation issued under it;
25.8 - a reference to a party to these Terms or another agreement or document includes that party’s successors, administrators and permitted substitutes and assigns (and, where applicable, the party’s legal personal representatives, or a substituted or an additional trustee);
25.9 - if more than one person is identified as a Purchaser, that expression refers to them and binds them, jointly and severally; and an obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally;
25.10 - a reference to a person, individual, the estate of an individual, authority, association, joint venture (whether incorporated or unincorporated), corporation, trust, partnership, unincorporated body or other entity includes any of them;
25.11 - a reference to information is to information of any kind in any form or medium, whether formal or informal, written or unwritten, for example, computer software or programs, concepts, data, drawings, ideas, knowledge, procedures, source codes or object codes, technology or trade secrets; and
25.12 - a reference to dollars or $ is to an amount in Australian currency.
26. ONLINE STORE PURCHASES, REFUNDS AND RETURNS
26.1 BAW Automotive Refunds and Returns Policy
At BAW Automotive, customer satisfaction is our top priority. We adhere to Australian Consumer Law and are committed to ensuring our customers have a seamless shopping experience. Please read our Refunds and Returns Policy carefully to understand your rights and our obligations.
Change of Mind Returns:
If you change your mind about a purchase, you may return the item(s) within 30 days from the date of receipt, provided that the item(s) are unused, in their original packaging, and in a saleable condition. Please contact our customer support team to initiate the return process.
Please note that return shipping costs will be the responsibility of the customer, and a 10% restocking fee may be applied. Once we have received and inspected the returned item(s), a refund or store credit will be issued as per your preference.
Faulty, Damaged, or Incorrect Items:
In the event that you receive a faulty, damaged, or incorrect item, please contact our customer support team within 7 days of receipt. We will arrange for a replacement or refund, depending on your preference and product availability. BAW Automotive will cover the shipping costs associated with the return and replacement of such items.
To process your claim, we may require photographic evidence of the damage or fault, along with proof of purchase, such as your order number or receipt.
Warranty Claims:
All products sold by BAW Automotive come with a manufacturer's warranty. If you believe your product is defective and requires a warranty claim, please contact our customer support team about your claim at https://www.bawauto.com.au/warranty. We will assist you with the warranty process and liaise with the manufacturer on your behalf.
Refunds:
Refunds will be processed using the same payment method as the original transaction. Please allow up to 5-7 business days for the refund to be credited to your account.
Exceptions:
The following items cannot be returned or refunded, unless required by law:
Custom-made or personalised items
Clearance or sale items
Gift cards
To initiate a return or for any further questions regarding our Refunds and Returns Policy, please contact our customer support team at store@bawauto.com.au or 0417 783 415.