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Tel 07 3881 0809


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General Terms and Conditions of Business of MetalGear International Pty Ltd

for Merchants



The following General Terms and Conditions of Business also contain statutory information on your rights pursuant to the regulations on contracts concluded in electronic business transactions and distance marketing.


The information contained in this website is believed to be accurate and current. However, it is provided in good faith on an “as is” basis. No representation or warranty as to the liability, accuracy or completeness of the information contained on this website is made by MetalGear International or directors, officers or employees. In addition to this they do not accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information in this website.

Illustration, photos and packaging are only a representation of the product advertised, variations may occur.



1.            Scope


1.1         These business conditions apply to all deliveries by MetalGear International Pty Ltd to retail consumers, i.e. every natural person concluding the contract for a purpose which cannot be described as active neither in commercial nor self-employed activities.

1.2         Our conditions of business apply exclusively; we only recognise conflicting conditions of the customer that deviate from our conditions of business if we expressly consent to them in writing.  Our conditions of business also apply if we carry out the delivery to the customer without any reservation while being aware of any conflicting conditions or conditions of the customer's that deviate from our condtitions of business.

1.3         These business conditions also apply to all future transactions with the customer if these are legal transactions of a similar nature.

2.            Languages


2.1          The contract languages are English.


3.            Offers


3.1         The goods displayed for sale in the online shop are subject to alteration without notice and do not constitute legal offers. 


3.2         Before concluding an agreement it is your obligation to examine whether the goods selected are suitable for your intended use; in particular, you are required to satisfy yourself in respect of the manufacturer, model and year of manufacture and vehicle type and to compare the part to be exchanged with the dimensions and the sketch shown.


3.3          The goods offered for sale contain no installation instructions.



4.            Concluding Contracts


4.1         By clicking the button [Add to Cart] you put the goods into the virtual shopping basket. This procedure is non-binding and does not constitute a binding offer. Later in the ordering procedure you will be required to log in with your personal customer data and select your preferred payment method.


4.2         By clicking the button [View Cart] on the right menu you will see the content of the shopping basket again. There, you can correct the number of goods if necessary. Mark the box if you agree with the chosen goods and click on [check out]. Then, you can type or correct delivery address. By clicking the button [Next] you arrive on the page where you can choose the way of delivery. Subsequently your complete order will be listed on an overview page.


4.3         By clicking the button [Submit order] you are making a binding offer to conclude a contract for the purchase of goods. After ordering the goods you will receive an automatically generated email which confirms receipt of the order and which reproduces its details (confirmation of receipt). This confirmation of receipt does not constitute any acceptance of a contract. A contract only comes into being when a confirmation of the order is sent or the goods are shipped.


4.4         When placing orders by telephone, you will be asked orally for ordering data; however MetalGear International and its employees do not take any responsibility for incorrect supply.  You are advised to place the order via online shop, fax or email (a written order) 

4.5          We are authorised to accept your offer within two weeks.



5.            Correcting Computer Entry Errors


Before your order is sent, its contents, including your customer data, are summarised on a summary page. This lets you check all the information you have entered and correct any errors you may have made.



6.            Saving and Accessing the Text of the Contract


The provisions of the contract, including these General Terms and Conditions of Business will be stored by us. They can be viewed in the login area by clicking the button [Order history]. In addition you will receive all relevant data of your order by email, which you can also print out.



7.            Prices and Conditions of Payment


7.1         The prices quoted are in Australian Dollar and inclusive of GST. The statutory value added tax is listed separately. For orders to New Zealand the GST component of the stock price is deducted at checkout.  Prices apply ex our warehouse in Brendale, Australia exclusive of freight and shipping costs.


7.2         Freight within Australia; will be displayed and added to your cart and is calculated as per weight of the order. You can call up the freight costs in summarised form at the Freight Charges link for Merchants within Australia and they will be shown again on the summary page before the order is sent. 

             Freight to New Zealand; will be displayed and added to your cart and is calculated as per weight of the order. and destination. You can call up the freight costs in summarised form at the Freight Charges link for Merchants within Australia and they will be shown again on the summary page before the order is sent. freight charges to New Zealand are ex GST.  Any Duty, Taxes, Fees or Customs charges applicable for your country are not included in the freight cost.

                Shipping to outside Australia; will be charged separately. You can email us and request a costing before proceeding with your order. Shipping charges depends on destination, weights and cubic, as to send via Sea or Airfreight.  Any Duty, Taxes, Fees or Customs charges applicable for your country are not included in the freight cost.


7.3         You can pay for the goods in advance either by bank transfer or by credit card.  

             We accept Visa, Mastercard and EFTPOS. Overseas bank transfer are liable for bank charges are all to be paid by you.  For orders to New Zealand an AUD30.00 bank transfer fee is applicable and needs to be calculated in the final balance payment. Ensure the full invoice amount plus any bank fees are debited to our bank account.

             Deduction of discount requires a separate written agreement.

 7.4        Payment in advance:

             When paying advance we will send you our bank account details with the confirmation of the order. Please pay the balance due price within 14 days. We will deliver the goods together with an invoice after the amount has been credited to our account. See pont 7.3 for additional charges applicable when performing bank transfer.

7.5          Payment on pick up:

             When paying on pick up we accept Cash, Visa, Mastercard and EFTPOS.  


7.6          Credit Card:

When you pay by credit card, the purchase price and any freight charges will be charged to your credit card account.   


7.7.        You may only offset invoice amounts if your counterclaims have been determined in a court of law, are undisputed or have been recognised by us. Further, you may only exercise retention rights if your counterclaim is based on the same contractual relationship.


7.8         Please note that import duty and/or taxes may be payable on orders from outside Australia. Please find out from the relevant authorities whether and in what amount duty and/or tax are payable when you import the goods into your country. These costs are not included in quoted and if accepted shipping costs.


8.            Right of Retention


8.1         We reserve the right of ownership of the purchased item until all payment claims arising from the delivery contract have been received.  We are entitled to take back the goods if you act in breach of the contract, in particular if you are in arrears of payment after a subsequent deadline has been set unsuccessfully.


8.2          You are required to treat the goods with care.  If the goods are attached or otherwise seized by third parties, you are required to inform us in writing immediately.  If the third party is not able to reimburse us fort he court and out-of-court costs of a third party debtor action, you will be liable for this loss to us.


8.3          You are netitled to resell reserved goods in the normal course of business.  However, you assign to us immediately all claims to the amount of the final invoice amount agreed with us (including GST) accruing to you from the resale of reserved goods.  This assignment applies regardless of whether the reserved goods are sold in processed or unprocessed form.  Following assignmnet you remain authorised to collect the claim; however, we reserve the right to collect the claim ourselves.  At the same time, we undertake not to collect the claim as long as you fulfil your payment obligations from the collected proceeds, do not fall into arrears and, in particular, do not apply to open insolvency proceedings or if payments have been suspended.  


8.4 If you process or reshape the reserved goods, this will always be done by us.  In this case your reversionary interest in the processed or reshaped item will continue.  If the reserved goods are processed with other items that do not belong to us, we will acquire joint ownership of the new item at the value of the reserved goods (final invoice amount including GST) in relation to the other processed items at the time of processing.  The same applies if the goods are mixed.  If the mixing is carried out in such a way that your item is to be regarded as the main item, it is deemed to have been agreed that you transfer joint ownership pro rata to us and store any resulting sole or joint ownership to us.


8.5         We undertake to release the securities due to us at your request if their value exceeds by more than 20% the claims to be secured.  The choice of the securities to be released will be our responsibility.



9.            Transfer of Risk


9.1         The goods are delivered from our warehouse in Brendale, Australia. If they are sent at your wish, risk transfers to you as soon as we have passed them to the freight forwarder or other carrier.


9.2         Goods that we do not have in stock will be shipped within three working days. If the delivery deadline cannot be adhered to, we will inform you by email.


9.3         We are entitled to make partial deliveries. Partial deliveries made at our initiative will entail no extra shipping charges to you. These will only be charged if the partial delivery is made expressly at your request.


9.4         If you fail to accept the goods or breach other obligations to cooperate, we will be entitled to demand compensation for any damages caused, including any extra costs. We may, at our option, claim damages due to delay either at the actual amount or as a lump sum of 25% of the agreed gross price of the goods. You will be permitted to prove that there was any such damage at all, that there was no damage or that it was considerably lower than the lump sum.   




10.         Cancellation Rights


10.1      Cancellation Information


You can cancel your contractual declaration within two weeks in text form, e.g. letter, fax, email, without giving reasons or – if you take delivery of the item before the deadline expires – by returning the item at your cost and risk.


Important Notice:

Do not return goods as you will need to receive from us an Authorisation Number in order for us to accept the goods. Failure to do so will result in the parcel being returned to you at your expense.


The deadline for cancellation begins after you receive this information in text form but not before the purchaser has received the goods. In the case of repeated deliveries of goods of the same type, the deadline for cancellation does not begin before receipt of the first partial delivery or before we have fulfilled our obligations to provide. The timely dispatch of a cancellation notice will suffice to comply with the cancellation deadline or the item. Notice of cancellation is to be sent to:


                MetalGear International Pty Ltd

                P.O. Box 5731

                Brendale QLD 4500



If you phone / fax within Australia         Phone:                 07  3881 0809

                                                    Fax                          07  3881 1537


If you phone from outside Australis       Phone                   +61 7 3881 0809

                                                    Fax                     +61 7 3881 1537




10.2      Consequences of Cancellation


Where cancellation is legally valid the benefits granted to both parties are to be returned and any derived benefits, e.g. interest, are to be released. If you are not able to return the service received or to return it only in part or only in worse condition, you will be obliged to reimburse us for the loss of value where appropriate. When sending goods, this will not apply if the worsening of the goods is due exclusively to examination, for example as if you had been able to examine it in a shop, or to proper usage of the goods according to their intended purpose. Goods which can be sent by parcel are to be returned to us at your risk. You will pay the cost of returning the goods if the goods delivered are those ordered. Obligations to credits must be fulfilled with in 30 days.

The deadline begins for you when you send notice of cancellation or return the goods; for us the deadline begins when we receive the goods. 



11.         Warranty

11.1       All products are covered by statutory warranties. We warrant the products we sell to you are free from defects in workmanship and materials. MGear Brake Discs come with a 12 month Warranty.

11.2       For any warranty claims, you have to provide us with:

  • Details of fault;
  • Proof of purchase;
  • Your bike make, model, year, type code, and if possible any other details of the exact bike this product has been fitted to
  • Stop using the faulty goods immediately until the goods  can be returned

Important Notice:

Do not return goods as you will need to receive from us an Authorisation Number in order for us to accept the goods. Failure to do so will result in the parcel being returned to you at your expense.

11.3       Examples of occasions where the warranties and additional promises (if applicable) will not apply are:

  • The warranty period has expired; or
  • The product has been modified by you; or
  • The product was not fitted by a certified mechanic; and not using the service; or manual of your exact bike make/model/year and type; or
  • The product exceeds it specified wear limit; or
  • The product is mounted to a bike model it is not specified to fit; or
  • A new set of pads (never been previous used) are not fitted at the same time that the new discs are fitted; or
  • If frequent inspections are not maintained; or
  • If other frequent maintenance have not been carried out to other parts involving the braking performance; or
  • Where you have mistreated or abused the product (whether intentionally or unintentionally); or
  • Damaged the products as a result of using them in a way they were not intended to be used.
  • A discs which is manufactured to the customers specification and / or requirements to serve a specific purpose are not covered under any warranty or rights to return this product for refund.

11.4       We reserve the right to test and assess any products returned to us in order to determine whether a breach of warranty has occurred. If the bike is fitted with twin front discs and pads, both sides have to be sent back to us.

11.5       Freight expenses for warranty claims returned goods are the customers responsibility.            



12.0.    Returning a Product for a Refund

12.1       We will only give you a refund if we have breached a statutory warranty or some other promise we have made to you. If you are entitled to a refund, you must return the relevant product to us in exchange for that refund. If preferred, we will replace the product returned (subject to availability) or grant you a credit.     

12.2       You must return the relevant product as soon as reasonably possible within 14 days of Invoice Date. [also refer to 12.7 Exclusions] 

Important Notice:

Do not return goods as you will need to receive from us an Authorisation Number in order for us to accept the goods. Failure to do so will result in the parcel being returned to you at your expense.

12.3       The product must be returned to us undamaged (except for of any fault or defect you have identified in respect of the product not caused by you or damage that has resulted because of a  breach of any  warranty or promise we have made).

12.4       If you are returning a product by mail or courier, it must be carefully packed and you must pay the postage or freight charges. You are responsible for loss or damage to products in transit, so we recommend that you take appropriate insurance.

12.5       So we can complete your authorized return as quickly as possible, we ask that you...

  • Except for damage or defects that have arisen because of a breach of warranties or other promises we made to you, return the product to us in the same condition, so far as reasonably possible, as it was purchased (including  packaging)


  • Provide us any extra information we may need to process your return.


  • Where possible, if damage or defects that have arisen because of a breach of warranties or other promises we have made to you are apparent without opening the packaging, do not open the product if it is in a sealed package.


  • Provide us with proof of purchase in the manner set out below: 

Where you have retained your receipt

  • Provide us with the receipt together with your name, telephone number and signature.


12.6       Where we are giving you a refund, we will place your credit against your next purchase.  

A 10% restocking fee applies to all authorized returns except for damage or defects that have arisen becasue of breach of warranties or other promises we made to you.

12.7     Exclusions
Refer to our warranty conditions set out above. You are not entitled to a refund, replacement product or credit in respect of damaged products in circumstances where the statutory warranties and additional promises we have made (if any) do not apply i.e. because your acts or omissions caused the product to become damaged. 

You are also not entitled to return a product for a refund, replacement product or credit in the following circumstances:-

  • The applicable warranty period has expired;
  • You change your mind;
  • You buy the wrong product for your intended purpose;
  • You discover you could have bought the product cheaper elsewhere;
  • You have ordered and received a special one off manufactured product produced to your specification



End of Cancellation Information


13.        Capacity
Use of this website is restricted to those aged over 18 and those able to enter into a legally binding contract.

14.        GST
All Prices displayed on this website include 10% Goods and Services Tax (GST), except the freight charges to New Zealand.

15.         Installation


15.1       Goods delivered by us must be installed out professionally and in line with the guidelines and approvals of the vehicle's manufacturer, preferably by a specialist workshop. Where this condition is not observed, damage to your vehicle may result.


15.2       Before installing, adapting or altering the delivered goods you are required as far as possible to examine them to ensure that they are the same as the part to be exchanged.


15.3       Roadworthy requirement; It is your responsibility to ensure that the correct disc thickness is installed


15.4       The respective foreign registration regulations are to be observed for goods delivered outside Australia.





16.         Liability for Defects


16.1     The customer's rights arising from defects presuppose that you have duly fulfilled your obligations to investigate and notify the defect(s).

16.2      If the goods are defective, we will, at our option, be entitled to supplementary performance in the form of either repairs or to supply new, fault-free goods.  If supplementary performance fails, you will, at your option, be entitled to cancel the contract or demand a price-reduction.

16.3      Where defects are repaired, we will bear all expenses required to carry out the repairs, in particular transport, labour and materials costs, provided these are not increased by having to carry the goods to another location.

16.4      Claims due to defective goods expire 12 months after invoice date.

16.5      In addition to legislative requirements, the conditions apply to compensation claims for the defective goods.

16.6      Please contact our customer service for help with any defects:

              MetalGear International Pty Ltd

              P.O. Box 5731

              Brendale QLD 4500




17.         Liability for Damages


17.1          We are liable without limitation pursuant to legislative provisions for damage due to wilful intent or gross negligence, including wilful intent or gross negligence on the part of our representatives or agents. If no allegations of wilful breach of contract are made against us, liability for damages will be limited to foreseeable, typically occurring damage.


17.2         We are liable without limitation pursuant to legislative provisions if we culpably breach an essential contractual obligation (so-called cardinal obligation); however, in such cases liability will be limited to foreseeable, typically occurring damage.


17.3          We are liable without limitation for damage resulting from death, physical injury or harm to human health, including a culpable breach of duty by our legal representatives or agents.


17.4            Any further liability for damages is excluded, regardless of the legal nature of the claim asserted. This applies in particular to liability claims due to breach of pre-contractual obligations, other breaches of obligation, tortuous claims for reimbursement of impossible expenses instead of service. 


17.5          The above liability exclusions and restrictions do not apply in the case of malice or if we have assumed a guarantee for the inherent nature of the item.


17.6         If our liability for damages is excluded or limited, this will also apply with respect to liability for personal liability for damages of our employees, representatives or agents.



18.         Data Protection


18.1           In processing your personal data we will observe those of your interests worthy of protection as required by law. We collect and process your personal data to process orders and maintain customer relationships. If necessary for order-processing, your data will also be passed on to our sales agency. However, we will never sell or give your data to third parties for other purposes.


18.2          Whenever our website is called up, log files information will be stored automatically on our server which your computer will transmit to us. These are:


-          browser type/version

-          operating system used

-          referrer URL (the previously visited site)

-          host name of the accessing computer (IP address)

-          time of the server enquiry


18.3       The data will not be used to personally identify the visitor to this website. These data will not be combined with other data-sources. Cookies can also be used. These are used for making our offer more user-friendly, effective and secure. Cookies are small text files which are filed on your computer and stored by your browser. Most of the cookies we use are short-term cookies ("session cookies") which are automatically deleted again after the end of your visit. 


18.4      If you wish to receive our newsletter, we will need an available email address from you and your personal data. You can cancel your permission to save your data and email address and their use for sending the newsletter at any time without giving reasons.


18.5       You are entitled to find out free of charge what personal data we hold about you. If requested to do so we are also obliged to correct, block or delete the data stored about you.


19.         Applicable Law, Place of Fulfilment


19.1     This business relationship and all legal relationships between our business partners is governed by the laws of Australia.


19.2     If you are a merchant, the place of jurisdiction is Brendale.  Unless otherwise stated in the confirmatioon of the order, the place of fulfilment is Brendale.