1. General
1.1. These are the Terms and Conditions governing the use of this website www.fuelautotek.com.au (the “Site”). Through the Site you can browse, select and order Products from AUSTRALIAN CARGO LOGISTICS PTY LTD ATF ACL TRUST ABN: 45 503 471 338 (trading as “FUEL AUTOTEK”) (‘FA’, ‘us’ or ‘we’). When we refer to ‘you’ or ‘your’ or similar, we are referring to you as a User of this Site.
1.2. Please read these terms and conditions before accessing or using the Site.
1.3. Your access to and use of the Site, including your order of Products through the Site, is subject to these terms and conditions.
1.4. You agree to be bound by, and comply with, these Terms and Conditions by:
1.4.1. Using the Site;
1.4.2. Completing your registration through the Site; and/or
1.4.3. Obtaining or ordering Products from us using the Site
1.5. Definitions:
‘Backorder’ means an order for a Product that is temporarily out of stock;
‘Business Day’ means a day that is not a Saturday, Sunday, public holiday or bank holiday in New South Wales,
Australia.
‘Product’ means a good or service advertised by Fuel Autotek on the Site;
‘Site’ means the internet site at the domain fuelautotek.com.au as configured and described as such by us from time
to time or any other internet site operated by us from time to time;
‘User’ means anyone using the Site for any purpose
2. Changes to these Terms and Conditions
2.1. If you have an order that has been accepted by us, the terms and conditions that will apply to that order are the terms and conditions that applied at the time you placed your order. We cannot vary the terms and conditions which apply to a given order after that order is accepted by us.
2.2. Subject to clause 2.1, we may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted. By continuing to use the Site after these terms and conditions have been modified, you agree to be bound by the changes to these terms and conditions.
3. Registration
3.1. You may complete the customer registration process through the Site before placing an order for Products through the Site. Any personal information that you give us will be held and used by us in accordance with our Privacy Policy contained on this Site.
3.2. If you choose to use a workplace email address for your account or to access the Site, then you are solely responsible for ensuring that you comply with the rules, policies or protocols that apply to the use of your email address and your workplace facilities.
4. Placing an Order for Products
4.1. You may order Products by selecting and submitting your order through the Site in accordance with these terms and conditions.
4.2. Any order placed through this Site for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the order.
4.3. We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Site.
4.4. You agree to provide us with current, complete and accurate details when asked to do so by the Site.
5. Acceptance or Rejection of an Order
5.1. We reserve the right to accept or reject your order for any reason, including (without limitation) if the requested Product is not available, if there is an error in the price or the product description posted on the Site or in your order.
5.2. Each order placed for Products through the Site that we accept results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will supply the Products in that order to you in accordance with these terms and conditions.
5.3. If we reject an order placed through the Site, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
5.4. We will use our best endeavour to list all prices correctly, however Products may be listed at an incorrect price, or with incorrect availability or other information, due to typographical errors, oversight or corruption of computer code. In such circumstances, we reserve the right to cancel your Order, even if your Order has been paid for and previously accepted by us. We will contact you as soon as possible and immediately issue a full refund for any payment you have made for the cancelled Order. We reserve this right up until we deliver the Product. Refunds will be issued.
6. Cancellation of an Order by Us
6.1. Prior to the dispatch of an order, we may cancel all or any part of an order (including any orders that we have accepted) without any liability to you for that cancellation if:
6.1.1. the requested Products in that order are not available; or
6.1.2. there is an error in the price or the product description posted on the Site in relation to the relevant Product in that order; or
6.1.3. that order has been placed in breach of these terms and conditions.
7. No Waiver
7.1. Our failure to act or delay in acting in relation to a breach of any of these Terms and Conditions is not a waiver of any of these Terms and Conditions or our rights arising under them. No action or inaction by us shall be deemed to be an actual waiver of any current or future liability.
8. Delivery
8.1. The delivery times made known to you are estimates only and we are not liable for late delivery or non-delivery.
8.2. We will not be liable for any loss, damage or delay occasioned to you arising from late or non-delivery of the Product.
8.3. Your delivery cost will vary depending on the size, weight and location of the products you choose to purchase as well as your delivery location of choice. Normally the larger the item, the more expensive delivery will be. Extremely large goods (ie. Items requiring a two man lift) will also incur higher delivery rates. A number of different delivery methods may be used depending on the type of order.
8.4. Deliveries are made by courier and therefore require signature from an occupant at the specified delivery address at the time of delivery. If delivery is attempted and is unable to be completed you are deemed to have taken delivery of the Product and you are responsible to collect the parcel from the courier depot or arrange redelivery and are liable for any additional charges incurred.
8.5. Standardised delivery charges only apply to customers in Australia. Additional charges will apply for postage outside of Australia; for more information on international postage charges, contact us on enquiries@fuelautotek.com.au.
8.6. You may incur additional delivery fees/freight charges (in excess of the fees and charges specified above) for:
8.6.1. large quantity or bulk orders;
8.6.2. express or urgent deliveries; and/or
8.6.3. bulky items (items with high weight or large cubic volume as determined by the shipping methods of the courier company)
8.7. We may, if necessary, at our discretion deliver the Product to you in any number of instalments.
8.8. If we delivery any of the Product in instalments, and any one of those instalments is defective for any reason:
8.8.1. This does not constitute a repudiation of the contract of sale formed by these Terms and Conditions; and
8.8.2. The defective instalment is a severable breach that gives rise only to a claim of compensation.
9. Loss or Damage in Transit
9.1. We are not responsible to you or any person claiming through you for any loss or damage to the Product in transit caused by any event of any kind or by any person (whether or not we are legally responsible for the actions of that person).
9.2. We must provide you with such assistance as may be reasonably necessary to institute claims against a carrier for damages to the Product in transit so long as you:
9.2.1. Have notified us and the carrier in writing immediately after loss or damage is discovered by you on receipt of the Product; and
9.2.2. Serve a claim for compensation on the carrier within 3 days of the date of receipt of the Product.
10. Returns
10.1. Unless you notify us to the contrary by email, telephone, or facsimile transmission within fourteen (14) days of delivery of any Product and such notification is confirmed in writing within seven (7) days of its receipt by us, the product shall be deemed to have been accepted by you.
10.2. At our sole discretion, we will accept product returns and provide you with a replacement for the Product (subject to availability) an exchange voucher, refund or repair where the Product delivered:
10.2.1. is faulty or is not of merchantable quality, or
10.2.2. is not fit for its intended purpose, or
10.2.3. does not match the description on the Site.
10.3. If the Product delivered is faulty, not of merchantable quality, not fit for its intended purpose, does not match the description on the Site or covered under a warranty from the manufacturer, then please contact us at enquiries@fuelautotek.com.au and we will assist with your request. To enable us to evaluate your return request, please provide us with:
10.3.1. the Order number, invoice number or receipt number;
10.3.2. a detailed description of the problem or the reason for your request to the return the Product;
10.3.3. photograph(s) of product that is damaged during transportation (if it's required we will advise you which email address to send it to); and
10.3.4. your name and contact details.
10.4. We will evaluate your return request and issue you with a Returns Authorisation Notice once we have received details of your return request. We will send you full return instructions and return address. If we feel the problem described requires clarification we may contact you to clarify in order to provide more efficient service.
10.5. A refund, repair, replacement or exchange voucher will only be provided if the goods are returned in the original condition with all packaging and accessories provided by FA.
10.6. If the product delivered is faulty, not of merchantable quality, not fit for its intended purpose, does not match the description on the website or does not reflect what was ordered, FA will cover the delivery cost to return the item.
11. Warranty and Guarantee
11.1. We provide to you the following warranties expressed in clauses 11.2 through to 11.6. To submit a claim for determination of coverage under any of these warranties, please contact FUEL AUTOTEK.
11.2. Vossen Wheels
11.2.1. Vossen Wheels warrants to the original purchaser that Vossen Wheels will be free from defects in material and workmanship under normal and reasonable use when properly installed and maintained for a period of five years from date of purchase, excluding Vossen Work Series. Vossen Wheels obligation under this warranty is limited to the repair or at Vossen Wheels sole opinion; replacement without charge except for transportation and installation.
11.2.2. All warranty returns must have a return authorization number and include proof of purchase and description of the defect.
11.2.3. This warranty shall not apply to: a) Any defect, malfunction or failure caused by damage in transit, off-road use, or by abuse, misuse, accident or negligence; b) Wheels that have been altered or repaired; c) Wheels that have been installed improperly or installed with incorrect tire size or used with excessive loads; d) Wheel corrosion or cosmetic flaws occurring after purchase due to chemicals, caustic cleaning agents, climate conditions, car wash damage or neglect; e) Any damage resulting from mounting equipment or incorrect installation; and f) Wheels that have been damaged by road usage.
11.3. MOMO Road Wheels
11.3.1. MOMO offers a 12-month manufacturer’s warranty which applies to both the finish and structure of MOMO road wheels. This warranty is effective from purchase date and only applies to the original purchaser of the respective MOMO product. Warranty fulfilment is subject to review and approval on a case-by-case basis by MOMO S.r.l. and is limited to the replacement of the product or a credit note. MOMO reserves the right to reject a warranty claim on the basis of road abuse, neglect, damage during cleaning, incorrect fitment, excessive loads, use in racing or off-road use.
11.4. MOMO Accessories
11.4.1. MOMO offers a 12-month manufacturer’s warranty which applies to both the finish and structure of MOMO steering wheels, shift knobs, race seats and brackets, race suits, race gloves, race boots, race underwear and all other racing apparel. This warranty is effective from purchase date and only applies to the original purchaser of the respective MOMO product. Warranty fulfilment is subject to review and approval on a case-by-case basis by MOMO S.r.l. and is limited to the replacement of the product or a credit note. MOMO reserves the right to reject a warranty claim on the basis of abuse, neglect, damage during cleaning or incorrect fitment.
12. Consumer Guarantees
12.1. Except as these Terms and Conditions specifically state, the Contract does not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the Goods or Services or any contractual remedy for their failure.
12.2. Subject to clause 12.1 and to the extent permitted by the Australian Consumer Law and relevant state legislation, the sole obligation of FA under this agreement is to use its best endeavours to provide the Product, or to repair the Product, or repair or replace (at our discretion) any part of the Product which is found to be defective during the [period of warranty].FA will not be liable for any other claims or damages including, but not limited to, claims for faulty design, negligent or misleading advice, damages arising from loss or use of the Goods, and any indirect, special or consequential damages or injury to any person, corporation or other entity.
12.3. If any Product supplied under this agreement is supplied to you as a “consumer” of goods or services within the meaning of that term in the Australian Consumer Law (as amended) or relevant state legislation, the consumer will have the benefit of certain non-excludable rights and remedies in respect of the goods or services. Nothing in these Terms and Conditions excludes or restricts or modifies any condition, warranty, right or remedy which pursuant to the Australian Consumer Law or similar legislation is so conferred. If the Product is a product not ordinarily acquired for personal, domestic or household use or consumption, under section 64A of the Australian Consumer Law and similar provisions of relevant state legislation, FA limits its liability to payment of an amount equal to the lowest of:
12.3.1. the cost of replacing the goods or supplying equivalent goods;
12.3.2. the cost of repair of the goods;
12.3.3. the cost of having the goods repaired or replaced.
12.4. FA is not liable for default or failure in performance of its obligations pursuant to this agreement resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, the elements, strikes, labour disputes, shortage of suitable parts, components, materials including ink, chemicals and paper, labour or transportation or any other cause beyond the reasonable control of FA.
12.5. FA is not responsible for any loss caused by an error or defect in the Product or errors or faults caused by (but not limited to) improper or careless fitting or alignment; use in abnormal conditions (eg off-road use, trials, rallies, record attempts etc); damage occurring after manufacture; use with excessive loads or at excessive speeds; alteration, reprocessing, repairs in any way whatsoever; or Products purchased by you second-hand or blemished supplied by any person.
13. Governing Law and Jurisdiction
13.1. The agreement formed when you accept these Terms and Conditions is governed by and construed in accordance with the laws of the State of New South Wales, Australia and you agree to submit to the nonexclusive jurisdiction of the courts of New South Wales, Australia.
13.2. The Site may be accessed by Users from Australia and from overseas. We make no representation that the Site complies with the laws of any country outside of Australia. If you access the Site outside of Australia, you do so at your own risk.
13.3. The Warranty applies in addition to the guarantees, rights and remedies conferred by the Australian Consumer Law and other applicable Commonwealth, State and Territory legislation. The Warranty Terms and Conditions do not exclude, affect or limit those guarantees, rights or remedies, except to the extent that their application may lawfully be excluded or limited. Our 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 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.
13.4. Except as provided in these conditions, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the Product for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are expressly excluded. We are not liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of this Contract or arising out of our negligence or in any way.