TERMS AND CONDITIONS FOR THE USE OF CUSTOM ALLOY’S WEBSITE
The Custom Alloy website is property of Custom Alloy. Material on this website comprises of copyright material, trademarks and registered trademarks which are the property of Custom Alloy and third parties. This property may only be used for the purposes of browsing the Custom Alloy website.
2. THIRD PARTY SITES
This site contains links to third party sites. Custom Alloy is not responsible for the content of those sites. The link(s) are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement of the site(s) or the products or services provided there. Use of products and services from third party sites is solely used at your own risk. Custom Alloy does not represent that the content or services available from third party sites are appropriate or available for use within your location.
3. VEHICLE COMPLIANCE DATES
All vehicle dates published on this website are vehicle compliance dates and are to be used as a guide only. If your vehicle is close to these dates it is imperative that further information is sought and reference photos are checked to ensure the right product is ordered. Custom Alloy’s return fees will apply to all orders where wrong product has been ordered (refer to Custom
TERMS AND CONDITIONS OF SALE
In these terms and conditions:
(a) ACL means the Australian Consumer Law contained in schedule 2 of the Competition and Consumer Act 2010 (Cth) as amended, re-enacted or replaced, and includes any subordinate legislation.
(b) Financing statement, financing change statement, security agreement and security interest have the meanings given to those terms by the PPSA.
(c) Goods means the products sold by Custom Alloy to You pursuant to these terms and conditions.
(d) Handling Fee means the fee chargeable by Custom Alloy to You for return of Goods under clause 8 which is equal to 10% of the value of the Goods returned.
(e) PPS Register means the Personal Property Securities Register established under the PPSA.
(f) PPSA means the Personal Property Securities Act 2009 (Cth) as amended, re-enacted or replaced, and includes any related subordinate legislation.
(g) You, and Your means the person or entity that is purchasing of the Goods from Custom Alloy or any employee, agent or representative of that person or entity.
(a) Any instructions received by Custom Alloy from You for the supply of Goods and/or Your acceptance of Goods supplied by Custom Alloy shall constitute acceptance of these terms and conditions.
(b) Upon acceptance of these terms and conditions by You, the terms and conditions are irrevocable and can only be amended in accordance with these terms and conditions with written consent of Custom Alloy.
(c) None of Custom Alloy’s agents or representatives are authorised to make any representations, statements, conditions or agreements not expressed by the manager of Custom Alloy in writing, nor is Custom Alloy bound by any unauthorised statements.
(a) Unless otherwise provided on the form of quotation, invoice, or delivery slip, the price stated on those documents is inclusive of GST.
(b) All prices of Goods given in any brochures, letters, price list, data sheets or other documents of Custom Alloy or provided by Custom Alloy are inclusive of GST and subject to change without notice.
(c) Custom Alloy reserves the right to charge the Goods to You at that price charged by Custom Alloy as at the date of delivery.
4. TERMS OF PAYMENT
(a) Our terms are strictly as outlined in the credit account application.
(b) Unless Custom Alloy has agreed to provide credit to You or has agreed in writing to any other payment method (which Custom Alloy may do in its sole discretion), payment shall be made by cleared funds on or before delivery of the Goods to You. Payment shall not be deemed to have been made until Custom Alloy has received cleared funds.
(c) All payments must be made free of any set-off or counterclaim and without deduction or withholding whatsoever.
(d) Notwithstanding that Custom Alloy has agreed to provide and/or provided credit to You, Custom Alloy, in its absolute discretion, may discontinue or suspend credit to You and require payment before delivery.
(e) Subject to the other provisions in these terms and conditions and subject to express contrary agreement made with You and recorded on the delivery docket and invoice, where Custom Alloy has agreed to provide credit to You, payment of any monies owed to Custom Alloy pursuant to that credit arrangement shall be made 30 days from date of invoice.
(f) Custom Alloy reserves the right to charge a fee on any payment that attracts a transaction fee for Custom Alloy.
Any outstanding amounts will incur interest charged at 9% per annum from the date that payment was due until payment was received in full.
6. ORDER CANCELLATIONS
(a) Any special build or non stock line orders may not be cancelled 2 hours after the order has been placed with Custom Alloy unless Custom Alloy, in its sole discretion, otherwise agrees in writing.
(b) Custom Alloy recommends that You obtain a deposit/confirmed trade order adequate enough to cover Your costs for any special build or non stock line items.
7. CHANGE TO STANDARD DESIGNS
The minimum charge for any modification to a standard design for any Goods is $25.00
(a) Unless otherwise required by the ACL or other binding legislation, Custom Alloy may at its discretion accept for credit, return of Goods subject to this clause and provided that:
(i) the Goods are returned to Custom Alloy within 14 days from the date of delivery; and
(ii) the Goods have not been damaged in any way by the Customer; and
(iii) the Goods have not been used and the Goods and/or the packaging of the Goods has not been handled, damaged or interfered with to an extent inconsistent with a, reasonable examination by You; and
(iv) the Goods being returned are accompanied by the authorisation number issued by Custom Alloy as no goods will be accepted for return without the authorisation number issued by Custom Alloy; and
(v) the Goods have not been ordered or manufactured specifically by Custom Alloy for You or items which are Custom Alloy non stock lines; and
(vi) where the Goods are marked with an expiry date, the Goods are returned at least three months prior to that expiry date.
(b) You acknowledge that the credit will not include:
(i) re-packaging costs; and
(ii) re-finishing costs,
which must be borne by You.
(c) The price of Goods that are returned by You and accepted by Custom Alloy shall be credited by Custom Alloy to Your account with Custom Alloy or to You if no account exists.
(d) The cost of re-delivery of Goods returned to Custom Alloy, including the Handling Fee, must be paid by You before Custom Alloy will accept the return of the Goods.
(e) Custom Alloy may, in its sole discretion, charge a restocking fee when Goods are returned by You under the provisions of this clause 8.
9. FREIGHT GUIDELINES
(a) You must advise the preferred shipping method and Carrier with each order placed, or by standing arrangement.
(b) Goods signed for and despatched from Custom Alloy become Your sole responsibility from the time that those Goods leave Custom Alloy’s premises, notwithstanding that title in the Goods may not have passed to You. It is Your obligation to effect full insurance upon the Goods for such time as the goods are at Your risk. Custom Alloy shall not be responsible for loss of, damage to, or destruction of, Goods during transit or otherwise whilst the Goods are at Your risk.
(c) Freight despatched from Custom Alloy is subject to the terms and conditions of transit of the carrier.
(d) Custom Alloy may, at its discretion, engage carriers on Your behalf to despatch Goods to You. The freight cost at the quoted rate, will then be billed to You via invoice with the Goods. This does not amend or override any other terms and conditions.
(e) In the event that Goods are lost or damaged in transit, You must follow Custom Alloy’s Freight Policy published on Custom Alloy’s website, www.customalloy.com.au/terms.html.
10. RETENTION OF TITLE
(a) The title of all Goods supplied by Custom Alloy remains with Custom Alloy until payment for the goods is received in full from You.
(b) All Goods supplied by Custom Alloy must be kept separate from other goods received by You and marked as owned by “Custom Alloy” until payment is made in full.
(c) Any monies received for the sale of these Goods must be held for the benefit of Custom Alloy and paid to Custom Alloy until the Goods are paid in full.
(d) If You fail to pay the debt to Custom Alloy, then Custom Alloy or its authorised agent may enter the premises where the Goods are located and seize those Goods and sell them to recover the amount of the debt still owing.
(e) For the avoidance of doubt where payment is made by cheque, the payment shall be deemed not to have been made until the cheque has been honoured upon presentation.
11. SECURITY AND CHARGE
(a) You charge in favour of Custom Alloy all of your estate and interest in any real or personal property that You own at present and in the future with the amount of its indebtedness under these terms and conditions until discharged.
(b) You appoint Custom Alloy as Your duly constituted attorney from time to time to:
(i) do such acts; and
(ii) execute in Your name such documents as Custom Alloy may choose to lodge against any property owned by You,
which in the opinion of Custom Alloy (acting reasonably) are necessary to give effect to any right, power or remedy conferred on Custom Alloy by these terms and conditions or the PPSA and to give effect to the matters contemplated by these terms and conditions, even though You may not have defaulted in carrying out Your obligations under these terms and conditions.
12. PERSONAL PROPERTY SECURITIES
(a) You acknowledge and agree that these terms and conditions:
(i) constitute a security agreement for the purposes of the PPSA; and
(ii) create a security interest in:
(A) all Goods previously supplied by Custom Alloy to You (if any);
(B) all Goods that will be supplied in the future by Custom Alloy to You;
(C) the proceeds of sale of all Goods (whether already supplied or to be supplied) by You; and
(D) all present and after acquired personal property of Yours,
to secure payment of all monies (including but not limited to the price payable for the Goods and any interest) owing by You to Custom Alloy from time to time under these terms and conditions and under any other agreement or arrangement between You and Custom Alloy.
(b) You undertake to:
(i) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which Custom Alloy may reasonably require to:
(A) register a financing statement or financing change statement in relation to a security interest on the PPS Register and otherwise do all things necessary and required by Custom Alloy to ensure that any security interest registered by the Supplier is a perfected security interest under the PPSA;
(B) register any document on any register reasonably necessary to secure Custom Alloy’s interest under these terms and conditions;
(C) register any other document required to be registered under the PPSA; or
(D) correct a defect in a statement referred to in clauses 12(b)(i)(A), (B) or (C);
(ii) indemnify, and upon demand reimburse, Custom Alloy for all expenses incurred in registering a financing statement or financing change statement on the PPS Register or releasing any Goods that are the subject of a security interest;
(iii) not make an amendment demand in respect of a security interest, apply to the Registrar to register a financing change statement in respect of a security interest, without the prior written consent of Custom Alloy; and
(iv) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods in favour of a third party without the prior written consent of Custom Alloy; and
(v) immediately advise Custom Alloy of any material change in its business practices of selling the Goods which may result in a change in the use of the Goods by You or in the nature of proceeds derived from the sale of the Goods.
(c) You and Custom Alloy agree that sections 96 and 125 of the PPSA do not apply to the security interest created by these terms and conditions.
(d) You hereby waive Your rights to receive notices, information or statements (as the case may be) under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA and its rights as a grantor and/or a customer under sections 142 and 143 of the PPSA.
(e) Unless otherwise agreed to in writing by Custom Alloy, You waive Your right to receive a verification statement in accordance with section 157 of the PPSA.
(f) You unconditionally ratify any actions taken by Custom Alloy under clauses 12(c) to 12(e).
(g) The provisions of this clause 11 will survive termination of these terms and conditions or any other agreement between Custom Alloy and You for the sale of Goods, for whatever reason.
13. ERRORS AND OMISSIONS
(a) Whilst every care has been taken to ensure that accuracy of Custom Alloy’s price list, brochures, letters, price-lists, data sheets, website or other documents, no liability will be accepted for any errors, omissions or inaccuracies that may occur, errors and omissions excepted.
(b) All prices are subject to change without notice.
14. LIMITED LIFETIME WARRANTY & CONSUMER GUARANTEES
14.1 For all Customers
(a) Each Custom Alloy manufactured product is warranted by Custom Alloy to be free of structural defects in materials and workmanship for the lifetime of the product whilst in the legal possession of the original owner.
(b) Ancillary items, such as overriders, lights, trims and infills carry a 12 month replacement warranty.
(c) This warranty is in addition to other rights and remedies of a consumer under a law in relation to the goods and services to which the warranty relates.
14.2 For Consumers
Custom Alloy’s warranties 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.
14.3 Process for claiming warranty
(a) Any items considered to be defective or incorrect should be returned to an Authorised Custom Alloy dealer for inspection within 7 days of receipt.
(b) All claims must be accompanied by the original sales receipt.
14.4 Repair or replacement
(a) Where any failure occurs that is not a major failure pursuant to the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) this warranty covers only the cost of repair or replacement of the product or part thereof, the decision of which remains solely at the discretion of Custom Alloy. Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods.
(b) This warranty does not cover the cost of removal, installation, or any transport. Enhanced finishes, such as polishing or powder coating are not subjected to this warranty.
(c) Further, damage or defects caused by collision, alteration, improper installation, road hazards, adverse conditions or usage for any other purpose other than normal private usage are not covered by this warranty. This warranty is in lieu of all other warranties expressed or implied but does not exclude the guarantees available to consumers pursuant to the Australian Consumer Law located in Schedule 2 of the Competition and Consumer Act 2010 (Cth) for eligible customers.
(d) Where spot lights are mounted on welded on light tabs – Custom Alloy recommends that the maximum weight of the light should not exceed 1.75kg. Where lights are being used in extreme or continual rough conditions causing the light mounting point to be subject to ongoing vibration lights should be stayed to reduce vibration and fatigue. Custom Alloy’s lifetime warranty will not be valid when a product has been used outside of these guidelines.
15. INTELLECTUAL PROPERTY
(a) Where Custom Alloy has designed or drawn Goods for You, then the copyright and other intellectual property rights in those designs and drawings shall remain vested in Custom Alloy, and shall only be used by You for the purpose as agreed with Custom Alloy.
(b) Where any designs or specifications have been supplied by You for manufacture by or to the order of Custom Alloy then You warrant that the use of those designs or specifications for the manufacture, proceeding, assembly or supply of the Goods shall not infringe the rights of any third party.
(c) You indemnify Custom Alloy against any action, losses, costs or claims arising from an infringement of any third party intellectual property rights from the use of any designs or specifications provided by You.
(a) Custom Alloy products are sold as accessories and should not be considered as total protection for either the vehicle or its occupants in the event of a collision.
(b) Custom Alloy reserves the right to modify product designs and or specifications without notice.
(c) The information contained in the documents on this site should be considered as a guide only and Custom Alloy takes no responsibility for any errors or omissions of any nature.
(d) The contents of Custom Alloy’s price list, brochures, letters, price-lists, data sheets, website or other documents are subject to change without notice at the sole discretion of Custom Alloy.
(e) The installation of an Custom Alloy frontal protection bar on a vehicle equipped with crumple zones and / or SRS air bag systems could alter the operation of these features. Only model specific products that have been certified “Air Bag Compatible” by Custom Alloy should be installed on vehicles with these systems. It is the responsibility of the purchaser/user of Custom Alloy products to determine whether such products comply with their local, federal or other laws.
(f) With the exception of products covered by consumer guarantees as mandated by the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) any product distributed by Custom Alloy, but not manufactured by Custom Alloy will be limited to the product manufacturer’s specific warranties.
(g) Certain products and their relevant trademarks depicted on this site have been protected under trademark, design and patent legislation. Any infringements of product trademark, design or patent will be acted upon.
Custom Alloy reserves the right to review these terms and conditions at any time from time to time. If, following any such review, there is to be any change, it will take effect from the date on which Custom Alloy notifies You of such change.
18. PRIVACY ACT 1988
(a) You authorise Custom Alloy to obtain from a credit-reporting agency a credit report containing personal credit information about You in relation to credit provided by Custom Alloy.
(b) You authorise Custom Alloy to exchange information about You with credit providers named in any credit application with Custom Alloy and credit providers that may be named in a consumer credit report issued by a reporting agency for the following purposes:
(i) to assess this credit application by You;
(ii) to notify other credit providers of a default by You;
(iii) to exchange information with other credit providers as to the status of Your credit account, where You are in default with other credit providers; and
(iv) to assess the Your credit worthiness.
(c) Custom Alloy may give personal or commercial information about You to a credit reporting agency for the following purpose:
(i) to obtain a consumer credit report about You; and/or
(ii) allow the credit reporting agency to create or maintain a credit information file containing information about You.