Terms & Conditions
Key points of our terms and conditions are -
- Our products carry a 12 month warranty against manufacturing faults. See WARRANTY INFO' at 10 below
- All orders shipped/freighted by us are subject to our returns policy. This includes a restocking fee of 15% up to a maximum of $150.
- No returns are accepted after 30 days.
- You must have permission from us before returning any goods.
- The buyer is responsible for all freight costs involved with the return.
- Our policy conditions below apply to all internet and phone orders where we ship the goods to you.
Further details are available below-
1.1 The “Buyer” means the Account Applicant or the person who buys or agrees to buy Goods from the Company.
1.2 The “Company” means D.M.M P/L Trading as HPD (High Performance Diesel)
1.3 The “Conditions” means the terms and conditions of sale set out in this document and any conditions agreed in writing by the Company.
2 PRICE OF THE GOODS
2.1 “Price of the Goods” shall be the Company’s quoted price, or where no price has been quoted, in the Company’s published price list current at the date of the dispatch of the order. All prices quoted are valid for 14 days only or until earlier acceptance by the Buyer, after which time the Company may alter them.
2.2 The Company reserves the right to change prices without prior notice.
2.3 The price of the goods shall always converted back to Australian Dollars when quoted and sold.
3 TERMS OF PAYMENT
3.1 Subject to any special terms agreed to in writing between the Buyer and the Company, the Company shall be entitled to invoice the Buyer for the price of the Goods on or before the time of delivery.
3.2 If the Buyer and the Company have agreed to the Buyer to have a trading account, then the account must be paid within 30days from the end of the previous trading month.
3.3 At the discretion of the Company, interest @ 30% per annum will be charged on any account not paid within 30 days from the end of the previous trading month.
3.4 The Company reserves the right to recover from the Buyer all costs and charges and expenses however incurred in collecting payment of any overdue account.
3.5 Discounts, of any type, apply to applicable items only. In order for a Customer to receive any discount for which they may be eligible, the Customer’s account must be kept within normal trading terms on a continual basis.
4 OWNERSHIP OF THE GOODS
4.1 The legal and equitable title to the Goods will not pass until the Buyer has paid all monies owed to the Company on any account whatsoever. Payment shall not be taken to occur until cleared funds are showing in the company’s bank account.
4.2 The Company reserves the right to enter upon any premises for the purpose of repossessing the Goods and without prejudice to any other rights of recovery available.
4.3 Until the Buyer has paid all monies owed to the Company on any account whatsoever, the relationship of the Buyer to the Company shall be fiduciary in respect of the Goods and accordingly.
5 SHIPPING OF GOODS
5.1 Any delivery times advised by the Company to the Buyer are estimates only, and the Company shall not be liable to the Buyer or any other parties for late delivery or non-delivery.
5.2 No delay in delivery or dispatch of the Goods shall relieve the Buyer of its obligations to accept or pay for the Goods.
5.3 The Company reserves the right to deliver by portion and delivery by portion shall not entitle the Buyer to repudiate the Contract.
5.4 Delivery will be taken to have occurred when the Goods are off-loaded at the Buyer’s premises or (where Goods are collected from the Company) upon collection by the Buyer or his agent.
6 CANCELLATION & RETURNS
6.1 No order may be cancelled by the Buyer except with the consent in writing of the Company and on the condition that the Buyer will indemnify the Company against any losses resulting from such cancellation.
6.2 Goods made to order cannot be returned for credit.
6.3 If it is agreed that the Goods are to be returned:
6.3.1 The Buyer must obtain from the Company authorisation to return goods before returning the Goods.
6.3.2 The Buyer will only be eligible to return goods purchased within 30 days of supply date.
6.3.3 The Buyer will be liable for the costs of returning the Goods and any costs of remedying Goods not returned in a saleable condition and in original packaging.
6.3.4 The Company reserves the right to make a handling and restocking charge of 15% on all Goods returned for credit. If the Goods are being returned under Warranty then no restocking fee will apply.
7 BUYER DEFAULT
7.1 If the Buyer makes default in any payment, commits any act of bankruptcy or enters into liquidation whether voluntary or involuntary, the Company may at its discretion suspend deliveries or cancel any Contract so far as it remains unperformed without prejudice to its rights there under.
7.2 The occurrence of any such default shall in no way prejudice the rights of the Company to recover any amount due for Goods previously supplied to the Buyer.
8 FORCE MAJEURE
8.1 In the event that the Company is prevented from carrying out its obligations under a contract for sale as a result of any cause beyond its control, such as but not limited to Acts of God, Terrorism, War, Strikes, Lock-outs, Flood and Failure of Third Parties to deliver goods, the Buyer shall be relieved of its obligations and liabilities under such contract for sale for as long as such fulfilment is prevented.
9.1 A new contract shall in all respects be construed and operate as an Australian contract, and in conformity with Australian law.
9.2 If any part of these terms and conditions that is not fundamental is found to be illegal or unenforceable, such finding will not affect the validity or enforceability of the remainder of these terms and conditions.
10 WARRANTY INFORMATION
10.1 ASE Pty Ltd warrants its products to be free from defects in materials and workmanship from the date of sale to the first retail purchaser. The Warranty only applies to the Parts supplied to the Customer and the Company shall not be liable to the Customer for any consequential, resultant, indirect or special loss, damage or injury of any kind whatsoever, including but not limited to removal and refitting of the Parts, towing, travel, accommodation, vehicle hire, loss of income and any loss connected to the supply of the Parts to the Customer. Proof of purchase must be maintained to validate the Warranty.
10.2 Subject to any Warranty, guarantee or condition imposed by law, the Company’s liability for Parts supplied to the Customer is limited to making good any defects in the Parts by repairing some or at the Company’s option by replacement on, within a period not exceeding: Twelve months for passenger type domestic vehicles and light commercial
• Vehicles with a payload not exceeding 1 ton, and four-wheel drive vehicles used mostly in a domestic role
• One year for four-wheel drive vehicles, and passenger type vehicles used for commercial or non-private use
10.3 A limited warranty (6 months free from defects in materials and workmanship from the date of sale) exists for parts:
• Utilised in mining and off road racing applications.
10.4 DM&M P/L T/as HPD warrants its products that:
• The defects have risen solely from faulty materials and workmanship
• The Parts have not been subject to misuse, negligence, and interference or operating conditions in excess of those which such products were designed.
• The Parts have been handled or installed in accordance with any specific instructions given by the Company or otherwise in accordance with generally accepted professional mechanical installation practices.
HPD Warranty Procedure
1 HPD must be contacted for approval prior to sending back goods for warranty claims.
2 All Parts submitted for Warranty or Return consideration must be returned with all the transportation costs prepaid and the customers contact details clearly identified on the returned product. Only Authorised returns will be processed.
3 You will be required to give the following information when contacting HPD for authorisation:
• Details of the date the product was purchased and from whom
• The type of product purchased
• The nature of concern
4 Repairs will not be approved where the estimate of repairs exceeds the net cost of the product.