General Terms and Conditions of Supply
￼￼￼￼￼￼￼￼￼Important consumer information: Amcat’s goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund 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.
The parties to these terms are:
(a) Amcat Canopies ABN 81 124 380 025 of 2/28 Industry Place, Bayswater in the State of Victoria, and is referred to as ‘us’, ‘our’ or ‘Amcat’; and
(b) The customer who acquires our goods and/or services, who is referred to as “you” and “your”.
These terms and conditions apply to all goods and services that we provide, unless we agree otherwise in writing.
3. Customer Contracts
(a) Where we agree to provide you with goods and/or services, your customer contract with us is made up of (in order of precedence):
(i) the order form (in the case of online orders, the order as recorded by us); and
(ii) these terms.
(b) Unless approved by us otherwise, all orders you make with us must be in writing in the form of an email sent to info@Amcatutelids.com. The order must include, among other things:
(i) The make and model of your vehicle
(ii) The year of manufacture of your vehicle
(iii) The colour and paint code of your vehicle
(iv) Your delivery address
(c) A quotation that we provide you is not an offer by us to supply the goods and/or services.
(d) If you make an order on the basis of a quotation, we will:
(i) notify you in writing of our agreement to your offer; or
(ii) deliver you the goods and/or provide you the services.
(e) If we agree to provide you with goods and/or services, then we may impose conditions on our agreement, including the requirement for payment of a security deposit. Any such condition forms part of your customer contract with us.
(f) Any variation of the customer contract must be in writing and approved by us before the variation is deemed effective.
4. Quotations and Pricing
(a) Where we provide you with a quotation, that quotation is valid for a period of 7 days unless we advise you otherwise.
(b) Where a customer contract does not specify a price, then unless we agree otherwise in writing, the price of the goods will be deemed to be our recommended retail price contained in our price list.
(c) The prices shown in our price list are subject to change without notice.
(d) Where materials or other goods that we use in the provision of our goods and/or services are not available or deficient in any way, then we are not obliged to accept an order.
(e) We may vary pricing or quotations at any time before we accept an order and enter into a customer contract with you.
(a) You must pay our invoices in cleared funds within 14 days of their date of issue, unless we advise you otherwise.
(b) Payment terms of any goods and/or services sold to you are an essential term of any customer contract.
(ii) Firstly, a reimbursement for any collection or legal costs incurred in recovering monies owing by you, to us;
(iii) Secondly, in payment of any interest we have charged you pursuant to clause 14 of these terms
(iv) Thirdly, in relation to obligations that are not secured under the Personal Property Securities Act 2009 (Cth) (‘PPSA’), in the order in which those obligations are incurred;
(v) Fourthly, in relation to obligations that are secured under the Personal Property Securities Act 2009 (Cth) (‘PPSA’), in the order in which those obligations were incurred;
(vi) Fifthly, any other monies or consideration owing to us.
Final Sale & Delivery
(a) Subject to clauses 12 and 15, and to the extent permitted by law, any supply of goods and/or services is deemed final upon the delivery or installation of the goods.
(b) You acknowledge that we will not refund you if you change you mind after the sale is final.
(c) All delivery and freight charges are payable by you, unless we agree otherwise in writing.
(d) Any dates specified for delivery of any goods to you, are estimated dates only, and we will not be liable for any damage or loss which you may suffer as a result of the delivery being delayed beyond such dates for any reason whatsoever.
(e) Upon the delivery of the goods you must inspect the goods immediately and report any damage to the delivery driver and us. If you fail to report the damage upon delivery to the delivery driver, you may void the freight insurance which covers such damage.
(f) Acceptance of the goods delivered to you, pursuant to this agreement, will be deemed for all purposes to have taken place at the expiration of 7 days from the date of delivery.
(a) When you buy from us, you should choose carefully, as you will not automatically get a refund for simply changing your mind. We will only accept a return (at our absolute discretion) if:
(i) Goods have been wrongly described; or (ii) Different from the sample shown to you
(b) If you pay a deposit for a purchase and subsequently change your mind, we will charge you a restocking fee of 30%, and will withhold the restocking fee from your deposit.
(c) You will be liable for all costs associated with having the goods returned to us.
(d) No goods will be accepted for return:
(i) If you do not provide us with proof of purchase – this is required to assist us verify that the goods were purchased from us and the date of purchase.
(ii) The goods have been tampered with or is damaged
(iii) The product has been on-sold or assigned or otherwise disposed
of by its original owner
(iv) If they are goods are custom made by us and not a ‘off the shelf’
(v) after the expiration of the time specified in Clause 6(f) from the
date of delivery, unless agreed in writing by us, prior to such return, and then only upon conditions acceptable to us, and at your entire risk as to loss or damage, and provided the goods are, and remain, in the same condition which they were delivered to you.
(e) If you return the goods within the time period specified in 6(f), they must be in the same condition which they were delivered to you, in which case, acknowledgement and our acceptance of the return will be at our absolute discretion.
Back orders will be supplied to you on the terms and conditions applying at the time the original order is accepted by us.
￼(c) Any payment tendered by you to us will be applied as follows:
(a) Where we agree to provide installation services, we do so, subject to the following conditions:
(i) that any proposed installation date is only indicative and is subject to variation by us;
(ii) that any proposed installation date is subject to your payment of money and compliance with your obligations under your customer contract with us;
(b) Any delay in installation is not deemed to be a breach of a customer contract.
(c) You acknowledge we will not be liable for any:
(vi) indirect, secondary or consequential loss, which you may suffer as a result of the installation service not being provided on the installation date; and
(vii) loss and damage whatsoever, if the installation service is not provided on the installation date, as a result of your own actions and/or conduct.
You acknowledge that:
(a) We are not an original equipment manufacturer (OEM) but we manufacture after-market goods to OEM standards;
(b) that when we paint goods for you, we do not warrant the accuracy of the colour of the painted goods, to the colour you have ordered, due to factors outside of our control eg. There will be a colour variation of up to 10% between painting on fiberglass, plastic and/or metal. If you would like the paint colour of the goods to be as accurate as possible, we require you to provide us with your fuel cap (at your cost), so as we can match the paint as best we can.
(c) The goods are weather resistant (eg. deterioration from exposure to harsh elements) but we do not warrant they are weather or dust proof.
(d) We are not liable to you for fair wear and tear from your use of the goods (eg. Scratching and marking on the surfaces where the ute lid or canopy meets the body of the vehicle)
(e) if we make a freight insurance claim for you, the insurer can take up to 3 months to process the claim.
11. Warranty on Goods
(a) All goods we sell you will have the benefit of our manufacturer warranty. The terms and conditions of our manufacture warranty are outlined in out Warranty Policy, which can be found on our website – www.Amcatutelids.com/warranty
(b) Warranty claims will only be considered for acceptance by us, if the return of the goods, is in accordance with our Warranty Policy. You will be liable for all costs associated with having the goods returned to us.
(c) We may vary or amend our Warranty Policy without your consent, but where we do, we will endeavour to notify you at least 7 days before we do so.
12. Title and Risk
(a) Risk in all goods passes to you upon delivery to you or your representative or any authorised third party to receive the goods.
(b) Title to goods does not pass to you until you have paid us all money payable under your customer contract in cleared funds.
(c) From the time of delivery, until title to goods passes to you, you must:
(i) store the goods separately from all other goods;
(ii) label the goods to identify them;
(iii) insure the goods for their full replacement value, noting our
interest on any policy of insurance;
(iv) keep the goods safe;
(v) not part with possession of the goods; and
(vi) not encumber the goods.
(d) You grant us an irrevocable licence to enter upon your premises/property upon which goods we supplied you are located or stored:
declared bankrupt or are wound up (which every is applicable);
issued with a statutory demand or committed an act of bankruptcy; or
served with a pending creditors petition or winding up application (which every is applicable)
put into receivership, liquidation or administration or have had a receiver, receiver and manager, administrator or liquidator appointed
Upon request, you must provide us with a certificate of currency of insurance for the insurance required under clause 12(c)(iii).
Goods on Consignment
(a) The title and ownership of any goods we deliver to you on consignment, will remain with us until we are paid in full.
(b) Any goods on consignment will be at your own risk from delivery.
(c) You will be responsible for the maintenance and repair of any goods on consignment with you.
(d) You must immediately return any goods on consignment to us, upon our demand, without delay.
(e) In consideration of us supplying you the goods on consignment, you irrevocable consent to us registering any of the securities noted at clause 20(a).
We may impose penalty interest at a rate 2% higher than the rate fixed from time to time under the Penalty Interest Rates Act 1983 (Vic) on any overdue monies under a customer contract or these terms.
Liability, Indemnities and Warranties
(a) To the extent permitted by law we:
(i) will provide services with reasonable care and skill but do not warrant that they will be provided without fault;
(ii) will provide services that are reasonably fit for a their intended purpose but do not warrant that they will be provided without fault;
(iii) will supply goods of an ‘acceptable quality’ but do not warrant that they will be supplied without fault or defect;
(b) Except for any express warranties in a customer contract, to the extent permitted by law we disclaim all express and implied warranties in relation to goods, services or a customer contract.
(c) In the case of any breach of a customer contract, or any negligence for which we are responsible, or breach of a condition or warranty that legislation prohibits us from excluding (which condition or warranty shall accordingly be included), our liability to you will be limited, at our option, to:
(i) if the breach or negligence relates to goods –
A. replacement of any goods involved or the supply of equivalent goods; or
B. the repair of such goods; or
C. the payment of the cost of replacing the goods or of
acquiring equivalent goods; or
D. the payment of the cost of having the goods repaired;
(ii) if the breach relates to services –
A. supplying of the services again; or
B. the payment of the cost (for the period of the breach) of
having the services supplied again.
(d) In no circumstances are we liable for any indirect, secondary or consequential loss (including among other things, loss of profits, loss of business, loss of bargain, loss of income or business interruption) that you or anyone else may suffer.
(e) Our liability to you for loss or damage of any kind arising out of a customer contract, these terms or in connection with the relationship established by it, is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
(ii) to to
inspect the goods; and
take possession of the goods at any time prior to title passing you, if you:
are in breach of these terms or any other agreement between us;
have parted possession with the goods; or
are or have been:
(f) For all other liability we may be liable for, our liability will not exceed the total of the last tax invoice we have issued you, and you have paid us, for the period of 12 month prior to such liability arising.
(g) You indemnify us (on a full indemnity basis including all legal costs and expenses) against any claim, loss or damage we suffer to the extent that it arises from:
(i) any act or omission by you;
(ii) any breach of any law by you;
(iii) any breach of a customer contract;
(iv) by you or anyone receiving the goods and services or the benefit
16. Substitution and Repairs
We reserve the right to and consent to us:
(a) substituting goods with ones that are of the same or similar quality where goods that you order are not available – in which case we will endeavour to advise you of this;
(b) varying the design of the goods to provide for improvement in installation; or
(c) at the time of installation of the goods, to use filers, sealers, and touch- up paint to repair any small marks, cracks and/or scratches of the goods, if there are factors which require us to that are outside of our control.
(a) You acknowledge and agree that if you cancel a customer contract, we may suffer loss and damage, and we reserve our rights to recover such loss and damage from you. In the event we have suffered loss and damage, you agree to us retaining any deposit you have paid us, as compensation for our loss and damage.
(b) We may end a customer contract at anytime if:
(i) you breach any term of your customer contract or these terms, including non payment;
(ii) we deem you (in our absolute discretion) to be an unacceptable credit risk;
(iii) you are declared bankrupt;
(iv) you have been served with a bankruptcy notice, creditor’s
petition or winding up application;
(v) you are insolvent, or we have reason to believe that you are
insolvent (in our absolute discretion);
(vi) you are placed under management, or have a receiver and
manager appointed, or you go into voluntary administration or
(vii) we are unable to perform our obligations under a customer
contract, due to a breach by any of our suppliers, or an event of force majeure.
(c) If a customer contract is cancelled by you or ended by us in accordance with clause 17(b), we reserve the right, in addition to any other existing rights we may have, to:
(i) charge you the freight costs for the delivery and return of the goods (including the insurance).
(ii) charge you a handling and restocking fee of 30% of the price of the goods and/or services;
18. Representations and Entire Agreement
(a) These terms contain the whole agreement between us, unless agreed otherwise in writing. We both agree that neither of us is entitled to rely on any warranty or statement in relation to:
A. these terms
B. any goods and/or services provided under these terms
to fullest extent permitted by law.
(b) The extent permitted by law, you warrant that you have not:
(i) relied on any representation made by us which has not been stated expressly in this Agreement, or upon any descriptions, illustrations or specifications contained in any document including catalogues or publicity material produced by us.
(ii) Any advice, recommendations, information or services provided by us, our employees, servants or agents regarding the goods
and/or services sold and the use of the goods will not be construed as contractual guarantees, conditions or warranties.
In consideration of us providing you goods and/or services, you agree that you:
(a) will not make; and
(b) will not encourage or procure others to make
any adverse, critical or disparaging statements, allegations or comments (whether expressly or by inference), in any form whatsoever, with respect to us, our business, our officeholders, our employees, our agents or any other party related to us, in any professional or personal capacity, in any way related to:
(i) our goods and/or services;
(ii) our business or any part of it;
(iii) our staff; or
(iii) these terms
(a) In consideration of us supplying and providing you the goods and/or services, you agree and consent to us:
(i) Registering a general security interest over all your company assets and property (if applicable);
(ii) Registering a caveat against any real property you may own; and/or
(iii) Securing or registering any other security interest against you.
on account of any monies owing to us under a customer contract by you, from time to time.
(b) If you are a trustee, you represent to us that you have authority under the relevant trust instrument to trade with us and to give us the security noted in clause 20(a), in your capacity as trustee.
(c) You irrevocably appoint us as your attorney from time to time, to do all things necessary to create and register each of the security interests noted in clause 20(a) and 13(e).
Security Interest Under the PPSA
(a) You agree that:
(i) Each order accepted by us, being an order accepted under these terms, creates a registrable interest under the PPSA in any goods supplied under it, including goods on consignment;
(ii) You acknowledge our right to register a financing statement under the PPSA with respect to the security interest created by these terms
(iii) If we register a security interest under the PPSA we may exercise any or all remedies afforded to us as a secured party under it, without prejudice to any other rights or remedies arising out of a breach by you, of any agreement with us;
(iv) The goods, including goods on consignment, are collateral for the purposes of the PPSA
(b) You acknowledge and agree that you waive any rights you have under the PPSA to receive notice in relation to registration events.
(c) Both you and we agree that neither of us will disclose information of the kind specified in section 275(1) of the PPSA.
(d) At our election, we may exercise at any time, at our absolute discretion that any section of the PPSA specified in Section 115, will not apply to the extent permitted by section 115.
(a) We are not responsible for the consequences of force majeure.
(b) For the purpose of this clause a force majeure is an event or circumstance beyond our reasonable control.
(a) Except where express provision is made to the contrary, the consideration payable by the customer under this agreement represents the value of any taxable supply for which payment is to be made.
(b) Amounts payable under or in respect of a taxable supply made by us (other than under clause (c)) are GST exclusive.
(c) Subject to us supplying you with a valid tax invoice, if we make a taxable supply for a consideration, which represents its value, then you will pay, at the same time and in the same manner as the value is otherwise payable, (or, if for any reason that does not happen, without delay after we request you to) the amount of any GST payable in respect of the taxable supply.
(d) Subject to us supplying you with a valid tax invoice, if this agreement requires you to pay, reimburse or contribute to an amount paid or payable by us in respect of an acquisition of a taxable supply from a third party, the amount required to be paid, reimbursed or contributed by you will be the value of the acquisition by us less any input tax credit to which we are entitled plus, if our recovery from you is a taxable supply, any GST payable under clause 14.2.
(e) For the purpose of this clause 14:
(i) GST means GST within the meaning of the GST Act; and
(ii) A New Tax System (Goods and Services Tax) Act 1999 (as
25. Customer Contact
(a) On our request, you must nominate at least one customer contact.
(b) You must keep us informed of current and accurate contact details of your customer contact/s.
(c) A customer contact must be contactable at all reasonable times.
(d) We may deal with a customer contact on the basis that they are your representative and have your full authority, including making variations.
(e) A person remains your customer contact until we are given notice that they are no longer your customer contact.
26. Credit Checks
(a) You authorise us to do the things set out in this clause 26 and acknowledge that we may do so, whenever we see fit for as long as a customer contract continues or you owe us any money.
(b) We may use a credit report (within the meaning of the Privacy Act 1988 (Cth)) on you to assess your creditworthiness or for debt recovery purposes.
(c) We may give to a credit reporting agency any information we have about you to enable us to obtain a credit report.
(d) We may exchange information about you with other credit providers or a credit reporting agency.
(e) You acknowledge that we are authorised to do the things set out in this clause 26 under the Privacy Act 1988 (Cth) and that to assess or review your creditworthiness, we may:
(i) request a third party to report about your creditworthiness; and
(ii) disclose financial, credit and other information about you to any
(f) You must cooperate with any enquiries that we make about your creditworthiness and provide any further information, consent or authority we reasonably require.
No right under a customer contract can be waived except by notice in writing signed by the party waiving it. If a party overlooks a breach by the other party on one or more occasions, it is not taken to have agreed to any future breach.
(a) You may not transfer your rights or obligations under a customer contract to or share them with anyone without our prior written consent.
(b) We may transfer our rights or obligations under this agreement to or share them with anyone without notice to you.
29. Intellectual Property Rights
(a) You may not use any of our intellectual property including our photographs, logos, trademarks, or get up without our written consent.
(b) Where we allow you to use our intellectual property, we may revoke that consent at any time – where we do, you must immediately cease using our intellectual property.
We may vary or amend these terms without your consent, but where we do we will endeavour to notify you at least 7 days before we do so.
In the event of any inconsistency between this agreement and any provisions of our Credit Application, the provisions of this agreement will prevail.
If any provision in this agreement is unlawful or inconsistent with any law, then to the extent of the unlawful nature or inconsistency, that provision may be severed from without affecting the remainder of the agreement.
This agreement and any customer contract is governed by the law of Victoria, Australia. Any legal proceedings relating to them can only be taken in courts with jurisdiction in Victoria.