2009
RMR 125 (3)
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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. Scope
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. 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; 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.
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
Australia
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
E-Mail: sales@metalgear.com.au
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 reimburse payments must be fulfilled within 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. Products used for Racing are not covered under this warranty
11.2 For any warranty claims, you have to provide us with:
11.3 Examples of occasions where the warranties and additional promises will not apply:
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 customer’s responsibility
12.0. Returning a Product for a Refund
12.1 If you have purchased through a Motorcycle / Repair Shop, you have to contact your shop where you purchased the goods. Refunds can only be considered to customers who have purchased and paid direct to MetalGear International.
12.2 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.
12.3 You must return the relevant product as soon as reasonably possible after the purchase date.
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.
12.4 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).
12.5 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.
12.6 So we can complete your authorized return as quickly as possible, we ask that you...
12.7 Where we are giving you a refund, we will credit you with your original method of payment. Purchases made on a debit/credit card will be credited back to the original card used. Purchases made by cheque will be refunded by cheque. Cheque processing can take between seven to fourteen working days, and your refund cheque will be posted to you
12.8 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:
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 Zeland.
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 If the delivered goods display any obvious defects (material or manufacturing defects, transport damage), please inform our customer service immediately. Failure to notify defects will not affect your legal rights. You may choose to exercise your statutory rights in respect of all defects to the goods occurring during the statutory limitation period of one year following transfer. In addition to legislative requirements, the conditions listed in Paragraph 12 apply to compensation claims for defective goods.
Please contact our customer service for help with any defects:
MetalGear International Pty Ltd
Phone +61 (0)7 3881 0809
Fax. +61 (0)7 3881 1537
E-Mail sales@metalgear.com.au
17. Liability for Damages
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.
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.
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.
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, and tortuous claims for reimbursement of impossible expenses instead of service.
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.
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. Intellectual Property Rights
This site contains material in which the copyright is owned by MetalGear International Pty Ltd, Australia
Copyright
All photos, drawings and text displayed on the websites, catalogues, brochures and any other kind, as well as the websites content of data are copyright protected. Any copying, distribution, display or any other kind of use, requires prior our written authorization.
Trademark / Logo
Branding, Name and Logo are international registered Trademarks with the Madrider Protocol as a Trademark of MetalGear International Pty. Ltd., Australia. Any use has to be authorized by the Owner.
19. Privacy Policy
MetalGear International Pty Ltd as written this Privacy Policy that complies with the requirements of the Privacy Act. When you provide MetalGear International Pty Ltd with your name and contact details, the information will be used as permitted by you and only for legitimate business reasons.
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.
Whenever our website is called up, log files information will be stored automatically on our server and 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
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 to make 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.
If you wish to receive our newsletter, we will need your valid email address 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.
The Company is permitted to use or disclose personal information:
- When required by Law
- Loss recovery resulting from a failed financial transaction eg collection agency
- Where we resonable believe that the use or disclosure is necessary to lessen or prevent a serious, immediate threat to someone’s health or safety or the public’s health or safety.
The Company places a great importance on the security of all information associated with its customers, clients, and contractors.
Security measurements are in place in order to protect personal information under the Company’s control. Personal information is destroyed when no longer required by the Company.
Personal information
You are entitled to find out free of charge what personal data we hold on you. If requested to do so we are also obliged to correct, block or delete the data stored about you. (National Privacy Principles (NPP)
Further information
For more information on provacy legislation or the National Privacy Principles visit the Federal Privacy Commissioner’s website at
20. Applicable Law, Place of Fulfilment
This Privacy Policy complies with the requirements of the Privacy Act and sets out how MetalGear International Pty. Ltd. uses and protects any information provided when you use this website.
When you provide MetalGear International Pty Ltd with your name and contact details, the information will be used as permitted by you and only for legitimate business reasons.
The information collected is required to understand your needs/preferences as well as provide you with a higher level of customer service. We may use the information for the following:
Should you be contacted for marketing reasons you will have the option to opt in or out through our website on check out. if you do not wish to be added to the promotional emails please ensure this option is unticked at check out.
Should you receive a promotional email or any other marketing materials and you wish to unsubscribe you can do so via the promotional email or contacting the MetalGear team and request your details be removed.
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. The Company places a great importance on the security of all information associated with its customers. Security measures are in place to protect personal information under the Company's control. Personal information is destroyed when no longer required by the Company. We will not sell or lease your personal information to third parties unless you have permitted us to do so or if we are required by law to do so.
The Company is permitted to use or disclose personal information:
Whenever our website is called up, log files information will be stored automatically on our server and which your computer will transmit to us. This will include but limited to:
The data will not be used to personally identify the visitor to this website. The data will not be combined with other data-sources. You are entitled to find out free of charge what personal data we hold on you. If requested to do so we are also obliged to correct, block or delete the data stored about you. (National Privacy Principles (NPP).
Cookies are small data files that are stored on your computer. Cookies are used to make our website more user-friendly, effective and secure. To learn more about cookies visit www.aboutcookies.org.
MetalGear use cookies for the below reasons:
Overall, cookies help us in providing you with a better website as we can then tailor the site to your needs based off of the information you have clicked on and which pages you find useful or interest you. A cookie does not provide us access to your computer or any information about you. You can choose to accept or decline cookies. Majority of web browsers automatically accept cookies, but you can modify your browser settings to decline cookies if you prefer. Please note: by declining cookies may prevent you from taking full advantage of the website.
The MetalGear website may contain links to other websites, please note that once you click on these links you are leaving the MetalGear website and MetalGear have no control over the other websites functions or policies. MetalGear take no responsibility for the protection and privacy of any information you may provide to these other sites and they are not governed by this privacy statement.
For more information on privacy legislation or the National Privacy Principles visit the The Office of the Australian Information Commissioner (OAIC) website at https://www.oaic.gov.au/.
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