Website and General Terms and Conditions
The following terms and conditions are outlined in English.
The content contained in this website is believed to be accurate and current and is for your general information and use only. It is subject to change without notice.
MetalGear International Pty Ltd directors, officers, or employees. nor any third parties provide any warranty or guarantee as to the reliability, accuracy or completeness of the information contained on this website. The information is provided in good faith on an "as is" basis. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. MetalGear International Pty Ltd does not accept any responsibility arising in any way (including negligence) for errors in or omissions from, the information in this website.
It is your own responsibility to ensure that any products, services, or information available through this website meet your requirements and are suitable for your intended use. You are responsible for confirming the manufacturer, model, year of manufacture and vehicle type and to compare parts with the dimensions, images and or diagrams shown.
This website includes links to other websites which are provided for your convenience and offer further product information. MetalGear International Pty Ltd does not endorse these websites nor hold responsibility for the content contained in these linked websites.
Illustrations, photos and packaging are a representation only of the product advertised, variations may occur. Please refer to images as a reference only and rely on product titles, descriptions and fitment listings for accuracy.
Use of this website is restricted to those aged over 18 and those able to enter into a legally binding contract.
The products displayed for sale in the online shop are subject to alteration without notice. The goods offered for sale contain no installation instructions.
4. Pricing Information
4.1 All prices quoted online or over the phone with a Sales Representative are in Australian Dollars.
4.2 Customers accessing MetalGear International Pty Ltd website within Australia will have prices displayed inclusive of GST.
4.3 International customers should note prices are listed in AUD and do not include exchange or bank fees you may incur. Import duties, taxes and charges are not included in the item price or postage cost. These charges are your responsibility. Please check with your country's customs office to determine what additional costs will be incurred prior to making your purchase.
4.4 Prices appear excluding freight and shipping costs. Freight will be displayed and added to your cart upon checkout. This is calculated by total (cubic) weight of your order. Shipping charges depends on destination, and cubic weight, if to send via Sea or Airfreight.
5. International Orders
5.1 All prices quoted online or over the phone with a Sales Representative are in Australian Dollars.
5.2 Import duties, taxes and charges are not included in the item price or postage cost. These charges are the buyer's responsibility. Please check with your country's customs office to determine what additional costs will be incurred prior to making your purchase.
5.3 MetalGear's application information is to be used as a guide only. We do not take responsibility or accept returns if you have not confirmed the fitment via the specifications noted in our listings.
5.4 MetalGear will accept items on international orders back for return within 30 days of the invoice date if the item is in its original condition and has not been used, fitted or damaged. Please see our Return | Exchange & Warranty Policy for further information.
5.5 Any/all return costs will be at the buyer's expense.
6. Online Orders
6.1 You are responsible for confirming the manufacturer, model, year of manufacture and vehicle type and to compare parts with the dimensions, images and or diagrams shown.
6.2 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.
6.3 To begin checkout procedure you will be required to log in with your personal customer data. By clicking the button [View Cart] on the right menu you will see the contents of the shopping basket. Here you can correct the number of goods if necessary. Mark the box if you agree with the chosen goods and click on [check out].
6.4 You must add a valid delivery address. It is your responsibility to provide accurate delivery details and choose a suitable delivery method.
6.5 Before your order is sent, its contents, including your customer data are summarised on a summary page. It is your responsibility to ensure all information you have entered is correct and free from error.
6.6 By clicking [Submit order] you are making a binding offer to conclude an order for the purchase of goods. After ordering the goods you will receive an automatically generated email which confirms receipt of the order by MetalGear International Pty Ltd. This receipt does not constitute MetalGear International Pty Ltd acceptance of your order or their offer to sell.
6.7 MetalGear International Pty Ltd reserves the right at any time after receipt of your order to accept or decline your order for any reason. MetalGear International reserves the right at any time after receipt of an order to supply less than the quantity you ordered of any item. A MetalGear International Sales Representative will contact you if any goods or services are unavailable or require substitution.
7. Telephone Orders
7.1 When placing orders by telephone, you will be asked orally for ordering data.
7.2 You are responsible for correctly providing the manufacturer, model, year of manufacture and vehicle type.
7.3 Payment for your order must be made before any goods are despatched.
7.4 The receipt of the order and payment will then be confirmed by email to your nominated email address.
8. Email Orders
8.1 You are responsible for correctly providing the manufacturer, model, year of manufacture and vehicle type.
8.2 Payment for your order must be made before any goods are despatched.
8.3 The receipt of the order and payment will then be confirmed by email to your nominated email address.
9. Saving and Accessing the Text of the Order
9.1 The provisions of the order, including these General Terms and Conditions will be stored by MetalGear International Pty Ltd. Your order can be viewed in the login area on the MetalGear International Pty Ltd website by clicking the button [Order history]. Additionally, you will receive all relevant data of your order by email.
10. Conditions of Payment and Retention of Title
10.1 Goods will remain property of MetalGear International Pty Ltd until the payment for order is received in full.
10.2 The total cost of your order including any freight costs must be paid in full before despatch. Acceptable payment methods include;
- Debit/Credit Card (Visa, Mastercard, EFTPOS)
- Direct Bank Transfer
- Afterpay (available for Online orders only)
10.3 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.
10.4 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.
11. Delivery and Retention of Title
11.1 Goods will be delivered to the delivery address given by the customer.
11.2 Goods held in stock will be shipped within three working days. If the delivery period cannot be adhered to, a Sales Representative of MetalGear International Pty Ltd will inform you by phone call or email.
11.3 Once an order has been despatched, MetalGear International Pty Ltd will not accept accountability for ANY lost or damaged orders. Due to the many variables encountered with freight contractors, MetalGear International Pty Ltd will not be held liable for domestic or international consignments that are lost in transit. You accept responsibility for lost domestic or international consignments. MetalGear International Pty Ltd has no obligation or requirement to re-ship or refund lost or stolen orders.
12. Transfer of Risk
12.1 The goods are despatched from the MetalGear 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.
12.2 MetalGear International Pty Ltd is 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.
12.3 If you fail to accept the goods or breach other obligations to cooperate, we will be entitled to compensation for any damages caused. We may at our discretion claim damages due to delay of either the full amount or up to 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.
13.1 Goods provided by MetalGear International Pty Ltd must be installed by a certified mechanic in line with the guidelines and instructions of the vehicle's manufacturer. Where this condition is not observed, damage to your vehicle may result.
13.2 Before installing, adapting or altering goods you are required as far as possible to examine them to ensure that they are the same as the part to be replaced, meet your requirements and are suitable for your intended use.
13.3 It is your responsibility to ensure when replacing motorcycle brake discs that the correct disc thickness is installed. 13.4 The respective foreign registration regulations are to be observed for goods delivered outside Australia.
14. Liability for Defects
14.1 If the delivered goods display any obvious defects (material or manufacturing defects, transport damage), do not fit the goods to your vehicle.
14.2 You must inform Customer Service immediately.
- Phone +61 (0)7 3881 0809
- E-mail firstname.lastname@example.org
14.3 Failure to notify MetalGear International of 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.
15. Liability for Damages
15.1 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.
15.2 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.
15.3 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.
15.4 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, and tortuous claims for reimbursement of impossible expenses instead of service.
15.5 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.
15.6 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.
16.1 Cancellation of an order must be received in writing e.g. email to email@example.com. Cancellations will be accepted without giving any reason under the following provisions;
- Payment for order has not been received.
- Goods have not been despatched.
- Partial delivery has not been fulfilled.
17. Warranty and Returns
17.1 You must contact MetalGear International Pty Ltd by phone call or email for a Return Authorisation Number (RAN). MetalGear International Pty Ltd will not accept any Return, Exchange or potential Warranty Claim without prior authorisation. Failure to do so will result in the parcel being returned to you at your expense.
17.2 Goods for refund or exchange must be returned in the original packaging, undamaged and unmarked. The sender is responsible for any loss or damage to the goods whilst in transit as well as any/all freight costs.
17.3 Information regarding product returns and warranty claims is outlined in the Return, Exchange & Warranty Policy.
18. Intellectual Property Rights
18.1 This website contains material licenced to or where the copyright is owned by MetalGear International Pty Ltd, Australia including, but not limited to design, appearance and graphics, product images and diagrams.
18.2 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.
18.3 Branding, company name and company logo are internationally registered Trademarks with the Madrid Protocol as a Trademark of MetalGear International Pty. Ltd., Australia. Any use must be authorized by the Owner.
20. Applicable Law, Place of Fulfilment
20.1 This business relationship and all legal relationships between our business partners is governed by the laws of Australia, Queensland, Brisbane.