TERMS AND CONDITIONS OF DELIVERY OF GOODS PAID FOR VIA THE INTERNET
The purchaser acknowledges that the goods hereby paid for by the purchaser via the internet and (where applicable) delivered to the purchaser by Penfold Motors Burwood Pty Ltd (A.C.N. 005 667 461) (LMCT444) of 142 Burwood Highway, Burwood, Victoria, 3125, Australia (“Penfold”) are subject to the terms and conditions hereinafter contained and that, in engaging Penfold to provide the goods paid for via the internet, the purchaser is representing to Penfold that it has read and understands these terms and conditions and agrees to be bound by them.
Online payment via the internet cannot be used by a purchaser in order to pay the settlement sum for the purchase of a motor vehicle (online payments may only be used for payment of agreed deposit amounts).
1: TITLE
Property in any article sold by Penfold shall not pass from Penfold to the purchaser until the purchaser has paid for the article in full.
The risk of loss or damage to the article shall be entirely at the risk of the purchaser from the time that the goods leave Penfold’s premises or control.
2: RETURNS POLICY
WHERE INVOICES ARE CLEARLY STAMPED (“SPECIAL ORDER THESE PARTS ARE NON-RETURNABLE”) NO REFUND WILL BE ALLOWED.
Goods approved for refund at the discretion of Penfold must be returned to Penfold in the original, undamaged & unmarked packaging (i.e. no pencil or Texta markings). The relevant invoice number must be supplied to Penfold before any refund will be considered.
Goods made to order will not be refunded under any circumstances.
The purchaser shall bear the sole responsibility for all delivery and freight charges incurred and such delivery and freight charges are to be pre-paid by the purchaser to the supplier’s warehouse.
Penfold shall only accept goods returned for refund where those goods are returned within fourteen (14) days from the original invoice date. Such goods returned and accepted for refund by Penfold shall be subject to a ten per cent (10%) handling fee.
At the expiration of fourteen (14) days from the original invoice date, no goods shall be accepted for return for refund.
A refund will not be provided for goods valued at under $10.00. In addition, no refund will be provided for electrical goods or goods that have been purchased from interstate or specially procured.
No refund will be given by Penfold unless the purchaser produces to Penfold the invoice issued by Penfold in respect of the goods in question.
3: CLAIMS
No claims for shortage or damaged items will be recognised unless the purchaser notifies Penfold immediately upon receipt of goods. If the purchaser does not so notify Penfold, then the goods delivered shall be deemed to have been supplied and accepted in accordance with the appropriate invoice and delivery docket.
4: FITMENT OF PARTS
No responsibility whatsoever is accepted by Penfold for the fitment of incorrect parts. The onus is clearly with the fitter to ensure the parts supplied are correct for the particular job. Any damage to parts or consequential damage or cost resulting from the fitment or painting of the correct parts shall be the sole responsibility of the fitter, and are not eligible for return for refund.
5: WARRANTY
All warranty claims are subject to Penfold’s supplier’s conditions. Non genuine parts are identified by the prefix NG. These parts are not covered by vehicle manufacturer's parts and accessory warranties and may affect the warranty provided by the vehicle manufacturer for your vehicle.
6: LIABILITY
Except as required by statute, Penfold shall be under no liability to the purchaser for any loss, including (but not limited to) loss of profits and consequential loss or for damage to persons or property caused by any act or omission, including (but not limited to) negligent acts or omissions of Penfold or Penfold’s employees or agents.
Except as required by statute, all express and implied conditions and warranties in relation to the goods are hereby excluded.
Penfold shall not be responsible for any loss the purchaser incurs as a consequence of delay in delivery of Penfold’s goods. The purchaser agrees not to make any claim against Penfold for loss or damage or costs of any nature whatsoever arising from Penfold’s failure to supply goods by any estimated delivery date.
7: DELIVERY POLICY
The purchaser is responsible for the proper storage, handling and transportation of goods and undertakes to do all that is necessary to ensure that the goods are stored, handled and transported in accordance with any specification, Australia design rules, legislative or other applicable standard that may be issued from time to time and that the goods will be properly stored, handled and transported without risk to safety, health or the environment and according to law.
8: THESE TERMS AND CONDITIONS OF TRADE PREVAIL
These terms and conditions apply to every on-line payment contract between Penfold and the purchaser, and or any other terms whether oral or in writing which may deviate from or are inconsistent with these terms and conditions are expressly excluded, obviated and rejected by Penfold. This exclusion and rejection includes any statement by the purchaser that the purchaser's terms and conditions shall prevail notwithstanding and stipulation by the purchaser regarding the manner of declaring such rejection.
9: VARIATION
These terms and conditions of trade may be varied or updated from time to time by Penfold.
10: FORCE MAJEURE
If delivery is prevented or delayed, in part or all, by reason of act of God, or the consequence thereof including, but not limited to fire, flood, typhoon, earthquakes or by reason of riots, wars, hostilities, government restrictions, trade embargoes, strikes, lockouts, labour disputes, boycotting of goods, ship storage, manufacturer's bankruptcy, delays of damage in transportation or other causes beyond Penfold’s control, Penfold may, at its option, perform the contract or the unfulfilled portion thereof within a reasonable time from the removal of the cause presenting or delaying performance or rescind unconditionally and without liability, that contract or the unfulfilled portion thereof.
PLEASE NOTE
It is the purchaser’s responsibility to carefully check the goods supplied against the purchaser’s order. The purchaser is responsible for all goods supplied on order or by any person/agent in their employ.
PENFOLD MOTORS BURWOOD PTY LTD (A.C.N. 005 667 461) (LMCT444)
REGISTERED OFFICE 142 Burwood Highway Burwood Melbourne Victoria 3125 Australia
