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Terms and Conditions
To use the ABG Web Online Shop you must agree to the terms and conditions prescribed herein.
Terms and Conditions
Automotive Brands Group ("ABG") owns and operates this website. By using or accessing this website you acknowledge that you have read, understood and agreed to be bound by these terms and conditions ("Terms of use"). If you do not agree to the terms of use, please do not use this website. The Material on this website is protected by copyright under the laws of Australia and may not be used without written permission by Automotive Brands Group.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You must advise us if your password or user name is disclosed to prevent unauthorised access to this website. Automotive Brands Group reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Products and Pricing
All sales are made at ABG’s ruling price at the time of delivery, unless otherwise agreed in writing. ABG will endeavor to ensure all prices are correct, for the specified period, at time of uploading but prices are subject to change. Despite our careful planning, selected items may sell out due to high demand.
Liability
ABG shall not be liable for any claim, loss or expense whatsoever or howsoever arising which is made after the expiration of seven days from the date of delivery.
ABG will not be subject to any liability which exceeds the replacement value of the subject goods. ABG will not liable for any contingent, consequential or punitive damages arising in any way whatsoever.
The buyer acknowledges this express limitation of liability and agrees to limit any claim accordingly.
ABG shall not be liable for any claim, loss or expense sustained or incurred by any person arising in any way as a result of the unavailability of goods or any delay in delivery of the goods or any part thereof or any failure to deliver the goods or part thereof.
Any advice, recommendation, information or representation provided by ABG as to the quality or performance of the goods or their suitability for a particular purpose or otherwise in relation to the goods is given in good faith but without any liability or responsibility on the part of ABG. The buyer acknowledges that it has not relied upon or been induced by any representation of ABG.
Payment
Unless otherwise agreed in writing, all prices are strictly net and the buyer shall make payment such that it is received by ABG as per your current trading terms.
If the payment is not made in accordance with the above terms, ABG shall be entitled to:
- require the payment of cash upon delivery of any further goods;
- charge default interest at the rate of 1.5% per month calculated on a daily basis on any monies due but unpaid, such interest will be computed from the due date of payment;
- cease supply of further goods if payment has not been made;
- require that all monies owing by the buyer, regardless of the due date, be due and payable.
Property and Risk
All items purchased from Automotive Brands Group are made pursuant to a shipment contract. This basically means that the risk of loss for such items pass to your nominated carrier.
Property in the goods will remain with ABG until the price of those goods has been paid in full.
The risk in the goods will transfer to the buyer upon delivery to the buyer or his agent or a carrier nominated by the buyer.
The buyer may affect sale of the goods or part thereof in the usual course of business upon the following conditions:
- that the buyer holds all proceeds of sale relating to ABG’s goods on trust for the seller;
- that the buyer agrees (if required) to assign to ABG any rights to any outstanding monies relating to the sale or disposal of ABG’s goods.
If ABG’s written demand for payment is unsatisfied for a period of seven (7) days from the date of demand, ABG shall be entitled to enter the premises owned or occupied by the buyer to recover any goods which are the property of ABG and which ABG reasonably believes to be on such premises.
The buyer hereby irrevocably nominates and appoints ABG to be the true and lawful attorney of the buyer to act at any time after the buyer may be in breach of these terms of conditions (a sufficient proof whereof shall be a statutory declaration by an officer of the seller) to execute and sign an assignment of debts to the seller and for this purpose use the name of the buyer and generally to do, execute and perform any act, deed or matter hereof and the buyer hereby covenants to ratify and confirm all and whatsoever the said attorney shall lawfully do or cause to be done with respect of any such assignment of debts.
Delivery
The buyer shall be responsible for all costs associated with any delivery. If ABG is requested to arrange for the delivery of the goods beyond the premises, the buyer shall pay all delivery charges stipulated by ABG. ABG shall in all cases be entitled to choose the method of transport.
The buyer shall provide reasonable and proper access to the location specified for delivery.
The buyer authorises ABG to subcontract delivery in its absolute discretion.
ABG may unilaterally delay for any period or cancel any agreement for sale without any liability whatsoever.
Returns and Warranties
Goods for return must be clean and packaging unbroken or claim will be denied. For fast moving parts (as determined by the seller) returned to the seller within in 7 days of delivery, a full credit will be allowed. No credit will be given on goods returned after 7 days of delivery. Credit will not be given for specially procured parts.
ABG warrants its products to be free from defects in material and workmanship but limits obligations to replacing defective parts only.
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