PARTS TERMS AND CONDITIONS
1. Definitions. In these terms and conditions.
“Company” means New Model Wreckers Pty Ltd ACN 066 614 122 trading as New Model Wreckers and their officers, servants, employees or agents.
“Workshop” means the whole of the workshop operations and services undertaken by New Model Wreckers Pty Ltd for the Customer and/or to the Goods.
“Customers” means the Person with whom New Model Wreckers Pty Ltd contracts.
“Goods” mean the accepted from the Customer
“Parts” means items supplied by or fitted by New Model Wreckers to or for the Customer.
“Charges” means New Model Wreckers Pty Ltd’s quoted charges for Workshop calculated under its rates schedule or other agreed rates, the charges in 3 and any tax including a goods and services tax (“GST”) levied directly on transaction or supply under these conditions.
2. New Model Wreckers Pty Ltd’s Rights.
2.1 If any Charges or invoices are unpaid for 7 days New Model Wreckers Pty Ltd may at any time require the Customer to return the Parts.
2.2 Title of Parts does not transfer until the full invoice price is received by way of cleared funds. New Model Wreckers has the right to enter the customer’s premises or any other premises where Parts whose ownership is retained by New Model Wreckers from any claim arising from New Model Wreckers exercising this right.
2.3 The Customer shall pay all costs and expenses (including any legal costs) incurred by New Model Wreckers relating to any debt recovery.
The Customer must, unless otherwise agreed, pay New Model Wreckers Pty Ltd the Charges within 7 days of the date of New Model Wreckers Pty Ltd’s invoice;
New Model Wreckers Pty Ltd has a general lien on the Goods and on any other goods of the Customers for all Charges due or which become due on any account whether for Workshop or Goods or any other Parts or any other New Model Wreckers Pty Ltd service. New Model Wreckers Pty Ltd may deduct or set-off from any moneys due from New Model Wreckers Pty Ltd to the Customers under contract, debts and moneys due from the Customers to New Model Wreckers Pty Ltd these conditions or any under any contract.
5. Exclusions and Limitations.
5.1 Subject to 6, New Model Wreckers Pty Ltd excludes from these conditions all conditions, warranties and terms implied by statute, general law or custom.
5.2 Subject to 6 New Model Wreckers Pty Ltd excludes all liability for, and the Customer releases and indemnifies New Model Wreckers Pty Ltd against all loss, damage, cost and expense from any claim by any Person in tort (including negligence), contract bailment or otherwise for loss or damage to any property, injury to, or death of any person arising out of any acts or omissions of New Model Wreckers Pty Ltd of any or all of the Parts, any delay or other failure to supply the Goods and services or these conditions.
5.3 The exclusions, releases and indemnities in 5.1 and 5.2 extend to loss of profits, business or anticipated savings or any other indirect or consequential damage and to economic loss and even if New Model Wreckers Pty Ltd knows the are possible or otherwise foreseeable.
5.4 These conditions apply in all circumstances arising from a fundamental breach of contract or breach of a fundamental term or negligence.
5.5 If New Model Wreckers Pty Ltd is liable for incorrect supply or shortage against invoice, no claim for the loss or damage or faulty Parts or short supply may be made unless notice of claim is lodged in writing within 7 days of the date of removal or receipt of the Parts. Where liability cannot be excluded it is limited to replacement of the Parts or their value.
5.6 The failure to notify a claim within the time 5.5 is evidence of satisfactory performance by New Model Wreckers Pty Ltd of its obligations.
5.7 All freight and towing costs to and from purchaser for purchases, returns, warranty claims or exchanging Parts are the responsibility of the purchaser. Faulty or incorrect Parts must be returned prior to replacement parts being supplied.
5.8 All Parts are covered for 90 days warranty, from the original date of purchase unless otherwise expressed in writing. Labour will only be covered if Part is fitted by New Model Wreckers Pty Ltd and can only be redeemed through out mechanical Workshop. Warranty void if parts are dismantled or tampered with. Parts returned under warranty must be complete as sold accompanied with the original invoice.
5.9 No refund, credit or exchange is payable to the Customer by New Model Wreckers Pty Ltd in respect of electrical Parts, special orders or cut sections.
5.10 Subject to 5.9, replacement, refund or credit on Parts returned within 7 days will be at the discretion of the company. Return of Parts is subject to a 30% surcharged payable to the Company. Holding deposits paid by customers for Parts will be forfeited and the Parts will be resold if the purchase is not completed within 7 days.
5.11 Engine Warranty. Long bare engine covered by 90 days Parts only from the original date of purchase or 5000kms unless otherwise expressed in writing. Accessories if supplied with engine e.g. manifolds, distributor, starter motor, injectors, carburetor, diesel pump injectors, water pump and electrical components are not covered by this warranty. If you choose to use these accessories you must exercise caution, some may look similar to your accessories but they may not be the same and they could cause malfunctioning. The sump and oil pick up must match your existing engine configuration, if different replace them with parts from the original motor. Warranty does not over labour, water pump, oil leaks, freight, towing fees, consequential damage or loss of income that may occur.
Labour will only be covered if engine is fitted by our fully licensed Workshop. All labour warranty claims can only be redeemed through our Workshop. Warranty will be deemed void if the following are not carried out.
Engine must be fitted by a licensed motor mechanic, timing belt, tensioner and oil seals must be renewed, check EFI and carburetor on petrol engines, service if required. Diesel pump and injectors must be service on diesel engines, damaged caused by faulty fuel system is not covered under warranty. Flush engine oil cooler if fitted. Cooling system must be checked and pressure tested, radiator must be serviced and all hoses, drive belt and fans checked, a new thermostat and radiator cap must be fitted. Renew oil and coolant with correct grade, renew spark plugs, oil, air, and fuel filters. Incorrect or insufficient oils and lubricants, misuse, negligent, racing or rally driving or used for other purpose than the manufacturer originally intended, improper installation, failure to carry out proper maintenance will void warranty. Heat tab is fitted to the motor warranty void if removed or melted. To extend the life of the engine you should renew oil and oil filter every 5000 kilometres.
Note: Reconditioned and rebuilt engines should not be over revved or left to idle for the first1000kms and on or approximately 1000 kms must renew oil and oil filter.
5.12 Automatic Transmission, Gearbox, Transfer Case, differentials, other Mechanical Items. All carry a 90 days Parts only warranty from the original date of purchase unless otherwise expressed in writing, they must be fitted by a licensed mechanic. Brake, Clutch and all other hydraulic components must be serviced prior to installation. Warranty covers bearing noise, not broken gears. Flush automatic transmission oil cooler also renew oil cooler oil and oil filter. Renew oil seals fitted to manual gearbox, transfer case, automatic transmission, differential housing to avoid oil leaks, and renew oil and oil filters every 10,000 kilometres. Incorrect or failure to carry out proper maintenance will void warranty. Warranty does not cover labour, oil leaks, freight, towing fees, consequential damage or loss of income that may occur.
Labour will only be covered if parts are fitted by our fully licensed Workshop. All labour warranty claims can only be redeemed through out Workshop.
5.13 Air Condition Compressors are covered for 90 days Parts only from the original date of purchase. Parts must be fitted by a licensed air condition technician and a new receiver dryer or an accumulator must be fitted. Failure to comply with either will void warranty.
5.14 All security deposits paid by Customers for the return of their old exchange part will be forfeited if exchange not returned within 14 days.
5.15 New Model Wreckers Pty Ltd, in addition to acting for itself, also acts as agent of and trustee for each of its servants, agents and Sub-Contractors so they entitled to the full benefits of these conditions, including any exclusions or limitations of liability, to the same extent as New Model Wreckers Pty Ltd.
6. Trade Practices Act.
These conditions are subject to any applicable implied warranty in the Trade Practices Act 1974 which cannot be excluded, restricted or modified.
These conditions are governed and must be construed under the laws of the State of New South Wales and the parties submit to the exclusive jurisdiction of the courts of that State.
If a condition or part is unenforceable the unenforceabilty does not affect any other part of the condition or any other condition.
9. Variations and Waiver.
9.1 New Model Wreckers Pty Ltd is not bound by any waiver, discharge or release of a condition or any agreement which varies these conditions unless it is in writing and signed for by New Model Wreckers Pty Ltd by and authorized officer.
9.2 If New Model Wreckers Pty Ltd waived a breach of a condition the waiver does not operate as a waiver of another breach of the same or any other condition or as a continuing waiver.
Quotes valid for 7 days only or while stocks last, prices subject to change without notice.