General Terms and Conditions of Business of MetalGear International Pty Ltd
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 Pty Ltd 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.
MetalGear International Pty Ltd reserves the right to make changes to this site and these terms and conditions at any time.
1.1 These business conditions apply to all deliveries by MetalGear International Pty Ltd to customers, i.e. every natural person concluding the contract for a purpose which cannot be described as active neither in commercial nor self-employed activities.
2.1 The contract languages are English
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; the receipt of the order will then be confirmed by email to your email address. For telephoned orders as well, a contract will not come into being until the order is confirmed or the goods are shipped. The order hotline employees are not authorised to accept contracts.
4.5 We are authorised to accept your offer within two weeks.
5. Correcting Computer Entry Errors
5.1 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
6.1 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. 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 by total weight of order. You can call up the freight costs in summarised form at the Freight Charges link for customers and they will be shown again on the summary page before the order is send.
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 customers 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 custom charges applicable for your country are not included in the freight cost.
Shipping 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, if to send via Sea or Airfreight. Please note that 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 either in advance by bank transfer or by credit card.
We accept Visa, Master, EFTPOS and PayPal. Overseas bank transfers are liable for bank charges and are to be paid by you. Please 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 in advance we will send you our bank account details with the confirmation of the order. Please pay the balance due amount within 14 days. We will deliver the goods together with an invoice after the amount has been credited to our account.
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. Delivery and Retention of Title
8.1 The goods will be delivered to the delivery address given by the customer. Goods held in stock will be shipped within three working days. If the delivery period cannot be adhered to, we will inform you by email.
The goods will remain our property until the purchase price is paid in full.
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.
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