WHITES POWERSPORTS PTY LTD

TERMS AND CONDITIONS

 

The following Terms and Conditions apply to the provision of Goods supplied by Whites Powersports Australia PTY Ltd
 (ABN 85 600 617 561) (WPA) to the Customer. By accepting delivery of the Goods from WPA, the Customer agrees that that they will be bound by these Terms and Conditions.

 

1.        PAYMENT & GST

1.1     The Customer must pay to WPA the Purchase Price in full within 30 days of the date of any Invoice provided by WPA

(Due Date).

1.2     If the Customer does not pay the Purchase Price in full on or by the Due Date then, in addition to the Price, the Customer must pay on demand interest, to be calculated on a daily basis at a rate 4% higher than the penalty interest rate applicable in Victoria, from time to time, from the Due Date until the date that the Customer pays the Purchase Price in full.

1.3     If GST applies to a taxable supply made under this Agreement the party to which the taxable supply is made must pay GST on that taxable supply, in addition to any consideration (excluding GST) that is payable for that taxable supply.  It must do so at the same time and in the same way as it is required to pay the consideration for the taxable supply.

1.4  Payment of monthly or overdue accounts by credit card will incur a 1.9% surcharge for all normal trading accounts.
 

2.        TITLE, DELIVERY, AND RISK

2.1     Delivery of the Goods occurs when they are delivered to the Customer’s premises. Until delivery, risk in the goods remains with WPA. WPA must be advised in writing of any shortages within 24 hours of delivery.

2.2     Title to the Goods remains with WPA until the customer has paid the full Purchase Price. Title in the Goods will not pass to the Customer until the Purchase Price has been paid in full. Until then, the Customer is Bailee of the Goods and WPA or its agents may enter any premises of the Customer and repossess the Goods and/or inspect any documents relating to the Goods.

2.3     If the Customer sells, uses or disposes of the Goods while they remain the property of WPA the Customer holds the proceeds of any sale, use or disposal on trust for WPA up to the amount it owes WPA in respect of those Goods, and must immediately pay that amount to WPA.

2.4     If delivery is delayed, WPA is not liable for any Loss caused by the delay and the Customer is not relieved of its payment obligation.

 

3.        PRODUCT RETURNS

3.1     If notified within 14 days of delivery WPA may accept the return of goods that have been incorrectly supplied. All returns require a RETURN AUTHORISATION NUMBER supplied by WPA, and must be accompanied by a copy of the original tax invoice and explanation for return. Goods accepted for return must be unmarked, in original undamaged packaging and ready in every way for re sale.

 

4.        PRICE

4.1  Prices may change at any time without notice. The only correct purchase price is the price charged on an invoice at time of purchase.

4.2  Any RRP price advertised is suggested only and the customer may charge any price they determine.

 

5.        PRIVACY ACT

The Customer agrees that WPA may obtain a credit report containing personal credit information about the Customer’s credit standing, credit history or credit worthiness from any credit provider or credit reporting agency for the purpose of assessing this application for credit.   Please see our Privacy Policy located at http://www.whitespowersports.com.au/About-Us/Privacy-Policy
for further
information.

 

6.        CREDIT REPORTING

If you apply for credit or offer to act as a guarantor, we may exchange certain credit-related personal information with Credit Reporting Bodies (CRBs). The types of information we may disclose or obtain to or from a  CRBs may include; a credit report containing personal credit information about the Customer’s credit standing, credit history or credit worthiness; that we provide credit to you; the type of credit you hold; the amount of credit provided to you; when your credit account is opened and closed; that you have made payments on time or corrected a default; the fact that you have failed to meet your repayment obligations; or that you have committed a serious credit infringement. CRBs may include that information in reports to assist them to assess your creditworthiness.

 

 

 

 

 

7.        PPSA

7.1     All capitalised terms in the clause have the meanings given to them in the Personal Properties Securities Act 2009 (PPSA) (unless defined otherwise in these terms).

7.2     The Customer acknowledges and agrees that these Terms evidence a Security Agreement and that a Security interest exists in the Goods (whether supplied previously or in the future).

7.3     Until title in Goods passes to the Customer (cl 2), to the extent possible at law, the Customer agrees to waive its rights under Ch 4 of the PPSA, in respect of the provisions set out in section 115(1) of the PPSA.

7.4     The Customer agrees that it receives value on the date of delivery of the Goods and does not wish to postpone the attachment of the Security Interest granted under these Terms. Customer agrees to do anything WPA requires to ensure that its Security Interest is a perfected Security Interest and has priority to the fullest extent permitted by law including granting WPA access to the Customer’s premises to take possession of the Goods if required.

7.5     Any WPA Security Interest will be a continuing and subsisting interest in the Collateral with priority to the fullest extent permitted by law over any other registered or unregistered Security Interest. The Customer must keep the Goods free of any charge, lien or other Security Interest and the Customer must not otherwise deal with the Goods in a way that will or may prejudice any rights of WPA under these Terms or the PPSA.

 

8.        LIABILITY

8.1     To the maximum extent permitted by law, neither party will be liable to the other party for any indirect or consequential Loss or damage or any Loss or profits of business revenue.

8.2     Without limiting clause 8.1, and other than for a breach of these Terms by a Customer, the parties agree that to the maximum extent permitted by law the total aggregate liability of one party to the other under or arising out of these Terms, whether based on contract, tort (including negligence), breach of warranty or any other legal or equitable grounds is limited to the total amount payable to WPA under these Terms as at the date on which the liability arises.

8.3     The Customer must continually indemnify WPA and its officers, employees, and agents against any liability, Loss, damage, or expense (including legal costs) incurred or suffered as a direct or indirect result of a breach of these Terms, or the Customer’s negligence or wilful misconduct.

 

9.        WARRANTY

No warranty is offered on any product supplied by WPA. Products used in any form of racing or competition or fitted to a model that may be put to such use, and all electrical items, are expressly excluded from any form of warranty.

 

10.     SUPPLY

WPA provides the Goods in response to an order online, by telephone, by fax, or through a WPA Sales Representative.

 

11.     GENERAL

11.1  The Customer must not assign or transfer or purport to transfer any of its rights or obligations under these Terms.

11.2  These Terms are governed by the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the Victorian Courts and courts of appeal from them.

 

12.     DEFINITIONS

Customer means a person or entity that receives Goods from WPA

Goods means goods described on the reverse side of this Invoice

Invoice means any valid tax invoice provided to the Customer by WPA

Loss means any loss, liability, expense, cost, or damage in any form

Purchase Price means the amount described in the Invoice as being payable to WPA for the provision of Goods

Terms and Conditions means these terms and conditions

 

MOTOBATT WARRANTY STATEMENT

 

Whites Powersports will provide the following warranty to the original purchaser of a Motobatt battery purchased in Australia or New Zealand subject to the terms and conditions stated herein.

 

Australian Consumers: You are entitled to a replacement for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. If the battery usage is not for personal, domestic or household use, no claim will be accepted for any consequential or incidental expense or loss, as per Australian Consumer Law.

 

Warranty covers batteries that become unusable or unserviceable due to defects in materials or workmanship for the term applicable to the type of battery listed below. The warranty applies to batteries that are sized properly and used in the application for which it was intended, and charged with an approved charging profile.

 

Proof of claim validity: Proof of purchase, and return to, the original point of retail purchase of the battery must accompany any request for warranty. No exceptions. Proof that the correct method and type of recharging was utilised, must be made available on request.

 

This warranty does not apply to:

 

1.     Any Motobatt battery that breaks or fails due to abuse or neglect such as improper installation, misapplication, loose wiring, corroded terminal connections, mishandled or dropped batteries, freezing, fire, explosion, or unauthorised battery modifications, and sulphation damage caused by failing to maintain sufficient charge in batteries for extended periods of time. Batteries must be fully charged after any significant drain and the charge cycle must be completed.

 

2.     Deep cycle batteries that fail within the warranty period due to extreme usage (excessive wear and tear). *Note* Motobatt deep cycle batteries will provide 500 cycles at 80% depth of discharge.  Usage beyond this level will not be covered under warranty. This warranty does not cover batteries that are not charged properly or batteries that are left uncharged for extended periods of time (sulphated), used under the bonnet of a vehicle, or subjected to extreme heat. Batteries must be fully charged after any significant use and the charge cycle must be completed.

 

3.     Lithium batteries must only be recharged using chargers designed to be compatible with lithium batteries. Use of a non lithium compatible charger voids warranty.

·         A Motobatt Lithium “P” model, that has been discharged beyond 8 volts may consequently be rendered non rechargeable, and any resulting claim will not be accepted, unless it can be proved that the battery was faulty prior to discharge. (Aggressive, repeated charge/discharge may damage a lithium battery).

·         *Note* Motobatt Lithium “HP” models include a safety auto shut down feature when discharged under 8 volts. The battery will appear dead, but may be brought back to normal life buy recharging with a lithium compatible charger for 5 – 10 minutes.

 

Warranty period:

 

·         Motobatt Quadflex 12 months from retail sale or 18 months from wholesale sale, whichever comes first.

·         Motobatt Lithium

                                 "P Series" = 12 months from retail sale or 18 months from wholesale sale, whichever comes first.

                                "HP Series" = 24 months from retail sale or 30 months from wholesale sale, whichever comes first.

·         Motobatt Deep Cycle 24 months from retail sale or 30 months from wholesale sale, whichever comes first.

 

 

19.5.2017

 

 

WHITES POWERSPORTS BRANDED PRODUCTS WARRANTY POLICY.

 

TERMS

1.    Whites Powersports (Whites) conditionally warrants its branded products to be free from defects in material and workmanship for 1 year from date of original retail purchase.

2.    Such conditions vary between product groups.

3.    Whites will repair or replace (at their option) free of charge an item determined by them as a faulty under a valid claim.

4.     The final validity of any claim shall be made by Whites, and does not extend or include liability for any incidental or consequential damages. Cost of removal, reinstallation, product pickup, and delivery are the sole responsibility of the purchaser.

5.    Damaged, modified, improperly used or maintained products, and products used for any form of racing are expressly excluded from this warranty.

6.    Whites warranty is in addition to consumers legal rights.

7.    A valid warranty claim shall:

·         Apply to the original retail purchaser only.

·         Be considered when the product claimed is received at the point of retail purchase, accompanied with a copy of purchase receipt dated within 12 months, and any supporting evidence reasonably requested by Whites.

·         Meet the conditions applicable to its respective product group listed below:    

 

WHITES BRANDED AXLES

Must be properly installed by a suitably qualified person and correctly used and maintained. If the unit has been disassembled or modified in any way, or damage is due to torn or perforated CV boots, warranty shall be considered null and void.

8/12/16

 

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