TERMS AND CONDITIONS
Racing is a sport where we ask auto parts to perform beyond their expectations. Due to the unusual stresses placed on racing/performance parts and because we have no control over how they are used our warranties are limited to the specifications below and for Merchandise only and never for Performance.
LIMITED WARRANTY: EXCEPT AS SET FORTH HEREIN, AUSSIE BILLET PTY LTD AND/OR Bullet Race Engineering WARRANTS TO THE ORIGINAL RETAIL BUYER THAT ALL PRODUCTS MANUFACTURED BY AUSSIE BILLET PTY LTD AND PURCHASED IN AUSTRALIA OR ITS TERRITORIES FROM AUSSIE BILLET PTY LTD OR AUTHORISED AUSSIE BILLET PTY LTD DEALERS WILL BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP. THIS WARRANTY WILL EXTEND FOR A PERIOD OF 90 DAYS FROM THE DATE OF THE ORIGINAL INVOICE, UNLESS OTHERWISE AGREED. AUSSIE BILLET PTY LTD WILL REPAIR OR REPLACE, AT THEIR OPTION, ANY PART, ASSEMBLY OR PORTION THEREOF WHICH AUSSIE BILLET PTY LTD’s EXAMINATION DISCLOSES TO BE DEFECTIVE. SHIPPING COSTS ARE NOT INCLUDED. DISASSEMBLY BY ANYONE OTHER THAN AN AUTHORISED AUSSIE BILLET PTY LTD REPRESENTATIVE VOIDS ALL WARRANTIES. AUSSIE BILLET PTY LTD MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO THE GOODS, INCLUDING BUT NOT LIMITED TO: (A) ANY WARRANTY OF MERCHANTABILITY, OR (B) ANY WARRANTY OF FITNESS FOR PARTICULAR PURPOSE WHETHER DIRECT OR INDIRECT, EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. AUSSIE BILLET PTY LTD MAKES NO WARRANTY AS TO THE QUALITY, FINISH, ACCURACY OR TOLERANCE COMPLIANCE OR WITH ANY SAFETY CODES REQUIRED BY ANY GOVERNMENTAL OR QUASI GOVERNMENTAL BODY OR AS TO THE EFFICIENCY, PRODUCTIVITY OR PERFORMANCE OF ANY OF THE GOODS.
LIMITATION OF LIABILITY: BUYER EXPRESSLY AGREES THAT IN NO EVENT SHALL AUSSIE BILLET PTY LTD BE LIABLE UNDER ANY THEORY OF RECOVERY, WHETHER BASED IN CONTRACT, IN TORT (INCLUDING NEGLICENCE AND STRICT LIABILITY), UNDER WARRANTY, OR OTHERWISE, FOR ANY DIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSS OR DAMAGE WHATSOVER. ANY LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF OPPORTUNITY, LOSS OF BUSINESS, OR LOSS OF REPUTATION AS A RESULT OF ANY CLAIM BROUGHT BY BUYER OR THIRD PARTY ARISING OUT OF, OR RELATING TO, ANY BREACH BY AUSSIE BILLETT PTY LTD OF THESE TERMS, ANY REPRESENTATION STATEMENT OR TORTIOUS ACT OR OMISSION (INCLUDING NEGLIGENCE OF AUSSIE BILLET PTY LTD), AND ANY USE OF THE GOODS OR THE FAILURE OF THE GOODS TO OPERATE PROPERLY EVEN IF SUCH LOSS WAS IN CONTEMPLATION OF THE PARTIES OR WAS WHOLLY FORESEEABLE.
BUYER EXPRESSLY AGREES THAT IN NO EVENT SHALL THE AGGREGATE LIABILITY OF AUSSIE BILLET PTY LTD UNDER ANY THEORY OF RECOVERY EXCEED THE AGGREGATE PRICE PAID TO AUSSIE BILLET PTY LTD UNDER THESE TERMS. THE FOREGOING LIMITATION SHALL APPLY EVEN IF THE BUYER’S REMEDIES UNDER THESE TERMS FAIL IN THEIR ESSENTIAL PURPOSE.
THIS WARRANTY CONSTITUTES THE FULL AND FINAL AUSSIE BILLET PTY LTD WARRANTY. THERE IS NO OTHER EXPRESS WARRANTY EXCEPT AS STATED HEREIN. ANY AND ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY ARE LIMITED IN DURATION TO THE DURATION OF THIS WARRANTY. THE LIABILITIES OF AUSSIE BILLET PTY LTD ARE LIMITED SOLELY AND EXCLUSIVELY TO REPLACEMENT AS STATED HEREIN, AND DO NOT INCLUDE ANY LIABILITY FOR ANY INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY KIND WHATSOVER. WHETHER ANY CLAIM IS BASED UPON THEORIES OF CONTRACT, NEGLIGENCE, OR TORT. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE FACE HEREOF.
This writing constitutes the full, complete, and final statement of the Aussie Billet Pty Ltd Warranty for Parts. All prior oral and written correspondence, test data, negotiations, representations, understandings and the like regarding Parts are merged in this writing, and extinguished by it. This Limited Warranty may not be altered, amended, extended, or modified except by a writing signed by an authorized representative of Aussie Billet Pty Ltd. Failure at any time of Aussie Billet Pty Ltd to enforce any of the terms and conditions stated herein shall not constitute a waiver of any of the provisions herein.
Buyer understands and agrees that no officer, director, employee or salesman of Aussie Billet Pty Ltd or any vendor, dealer, or distributor has any authority to make any statements contrary to the terms of this Limited Warranty. Aussie Billet Pty Ltd disavows any statements contrary to what is above written.
Indemnity Against Third Party Claims: BUYER HEREBY AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS AUSSIE BILLET PTY LTD FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITY, AND LOSS AND DAMAGES (INCLUDING ATTORNEY FEES), MADE BY ANY THIRD PARTY AGAINST AUSSIE BILLET PTY LTD TO A PART, OR THE USE OF ANY PART, THEREOF.
Accounting: An accounting charge of 1.5% per month (18% APR) will be levied on all unpaid balances. In the event legal action is necessary to collect the amount due, the buyer agrees to pay all necessary legal costs, including attorney fees.
Governing Law and Venue: Disputes shall be construed in accordance with, and governed by, the laws of the State of South Australia, without regard to choice of law principles thereof. All disputes that may arise in connection with these Terms shall, unless settled by the parties, be submitted to arbitration in South Australia, in accordance with the commercial arbitration rules of the Australian Arbitration Association. Any action by Buyer relating to the goods shall be commenced no later than one year from the date of the alleged breach.
Loan and Test Parts, and Cores/Crates: Aussie Billet Pty Ltd may request, at any time, that any item on loan or for testing must be returned in good condition, or be paid in full. Cores must be returned within 30 days for credit, crates are not returnable.
Inspection by Buyers: The risk of loss passes to Buyer when the goods are delivered to the carrier. Buyer will inspect the materials immediately upon receipt from Aussie Billet Pty Ltd, and notify Aussie Billet Pty Ltd immediately upon delivery of any damage caused by shipping. It is suggested that the shipment is not accepted if it has suffered major damage. For minor damage that will not affect contents, note on the delivery ticket that the box was damaged, and take photographs of the damages prior to opening the box. For damaged deliveries that are accepted, notify Aussie Billet Pty Ltd immediately regarding damages, shortages, or any issues in order to begin a claim against the transportation company. Failure by Buyer to make any claim immediately upon receipt shall constitute acceptance of the materials, and waiver of all such claims.
The Buyer must notify Aussie Billet Pty Ltd of any alleged shortage, deficit or otherwise in an undamaged order within 5 days.
Taxes: Any tax imposed by Federal, state or other governmental authority on or with respect to the sale, purchase, delivery, or use of the goods referred to herein shall be the responsibility of the Buyer. Buyer may provide Aussie Billet Pty Ltd with a tax exemption certificate acceptable to the relevant taxing authority.
Export: Buyer agrees that if any parts purchased herein are for export that Buyer will comply with all Export laws and indemnify and hold Seller harmless for any export violations of Aussie Billet Pty Ltd goods. Buyer further agrees that any and all fines, including any legal fees, from same for improper export of Seller’s goods shall be paid for by Buyer.
Force Majeure: Aussie Billet Pty Ltd shall not be responsible for non-performance or late performance of any part of the orders due to orders, regulations, and/or ordinances by government, act of God, war, blockage, insurrection, mobilization, or due to any other causes or circumstances beyond Aussie Billet Pty Ltd’s control. If an event of force majeure occurs, Aussie Billet Pty Ltd at its option may either extend the time of performing affected obligations during this period, or cancel the order.
