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Terms and ConditionsTERMS & CONDITIONS OF USE Welcome to adbbrakes.com. This website is owned by Australian Disc Brakes ABN 94 000 583 344 we look to servicing your needs in a friendly and efficient manner. If you have experienced a problem or have a complaint with the service we would like to hear from you so that we can do something about it. We will make every effort to correct any errors once they are brought to our attention. When you visit or shop at adbbrakes.com you acknowledge that you have read, understand and agree to the following Terms of Use. Please read them carefully. If you do not agree to the Terms of Use then you must not use this web site. We reserve the right to change, add or remove any of the web site material and its contents without notice. We reserve the right to change our Terms of Use at any time without notice. You should periodically review these terms of use to ensure you are kept up to date. 1. ACCOUNT: PROTECTING YOUR ACCOUNT AND LOG ON DETAILS If you use this site you agree to take responsibility for the confidentiality of your user name and password. You agree that you are liable if your user name or password is used by an unauthorised person or persons. You agree to accept responsibility for all activities that occur under your account or password you further agree to release and indemnify adbbrakes.com in connection with any use (whether authorised or unauthorised) of your user name or password. You acknowledge adbbrakes.com has the right to suspend or cancel your account at any time without prior notice. 2. ELECTRONIC COMMUNICATIONS When you use adbbrakes.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. 3. GOVERNING LAW By visiting adbbrakes.com you agree that, the laws of the State of NSW and Commonwealth of Australia whose courts shall have non- exclusive jurisdiction over any dispute arising there from shall govern these terms of use. You agree that any claim or proceedings must be made and determined in the Sydney registry of the appropriate court and/or tribunal. You agree that the Seller takes no responsibility for changes in the law which may affect the Goods and Services Goods supplied. 4. INDEMNITY You agree to indemnify and will continue to keep indemnified adbbrakes.com against any claim or demand made against adbbrakes.com due to your use of this website or any breach by you in respect to the Terms of Use or rights of third parties. 5. INTELLECTUAL PROPERTY: COPYRIGHT All content on this site, such as audio clips, button icons, data compilations, digital downloads graphics, logos, software, text, trade dress, video images, is the exclusive property of adbbrakes.com its content suppliers and its related companies, affiliates, licensors and licensees and protected by Australian and international copyright laws. You agree that adbbrakes.com retains all copyright and other proprietary notices contained in this website. 6. INTELLECTUAL PROPERTY: OUR RIGHTS AND YOUR PROHIBITED CONDUCT You acknowledge that the material in the website is the subject of copyright and that it is the subject of other intellectual property and legal rights (including that of third party rights). No trade mark or trade dress (whether registered or otherwise) that is contained on this site or otherwise used by adbbrakes.com may be used without our prior, specific, written permission or that of the trademark owner. The licence granted to use this web site terminates automatically if you are in breach of any of these Terms of Use. adb is a proprietary trade mark and other adbbrakes.com button icons, graphics, logos, page headers scripts, service names, is the exclusive property of adbbrakes.com and its content suppliers and are trademarks, registered trademarks or trade dress of adbbrakes.com and its related companies, affiliates, licensors and licensees and protected by Australian and international copyright laws. adbbrakes.com trademarks and trade dress must not be used in connection with any product or service that is not that of adbbrakes.com or in any manner that is likely to cause confusion among customers, misleading or deceptive, or in any manner that disparages or discredits adbbrakes.com or its products and services. All other third party trademarks not owned by adbbrakes.com and its related companies, affiliates, licensors and licensees or its affiliates that appear on this site are the property of their respective owners. You must not during or at any time after the expiry or termination of this licence allow or permit any act which infringes any of those intellectual rights 7. LICENCE TO ACCESS WEBSITE FOR PERSONAL NON COMMERCIAL USE AND YOUR OBLIGATION adbbrakes.com grants you a Limited License to access this web site for your personal non commercial use only. This licence commences immediately when you enter this web site. By entering this web site you accept the terms of use. Pursuant to this licence and subject to the absolute right of adbbrakes.com to vary access to all or any part(s) of this website you acquire a non exclusive right to:
This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of adbbrakes.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of adbbrakes.com so long as the link does not portray adbbrakes.com its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any adbbrakes.com logo or other proprietary graphic or trademark as part of the link without express written permission. You agree that the Limited Licence may be terminated without notice by adbbrakes.com Termination pursuant to this clause shall not affect any rights or remedies, which adbbrakes.com may otherwise have under this licence or at law. 8. LIABILITY DISCLAIMER To the extent permitted by law, adbbrakes.com will not be liable in contract, tort (including negligence) or otherwise, for any direct, indirect, special, consequential or punitive loss or damages or any loss or damages whatsoever, including (but not limited to) loss of use, data, or profits, arising out of or in connection with:
9. LIABILITY Limitation Adbbrakes.com total liability to you (if any) as to use of this site or Terms of Use or goods or services supplied will be limited, at our election, to:
10. PRIVACY Please review our Privacy Notice, which also governs your visit to adbbrakes.com to understand our practices. 11. WARRANTY DISCLAIMER The content of this website is believed to be accurate and current at the time the information was posted. This site and all its contents, products and services are provided by adbbrakes.com or its affiliates on an "as is" and "as available" basis and you agree that your use of this site is at your sole risk. adbbrakes.com and its related companies, affiliates, licensors, licensees and their respective directors, officers, employees and/or agents make no representation or warranty of any kind as to the operation, accuracy, completeness, currency or reliability of the information, content, materials, products, software or services included on or otherwise made available to you through this site. To the extent permitted by law, including any non-excusable statutory obligations, none of them will be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained on this site. To the extent permitted by law, adbbrakes.com expressly disclaims all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of merchantability or fitness for purpose. You acknowledge that any of the foregoing will not cause adbbrakes.com to be in breach of the terms of use. 12. DISCLAIMER EXCEPTION Nothing in these terms of use is intended to modify, exclude or contract out of the Commonwealth Trade Practices Act 1974 or State and Territory Fair Trading Act (NSW) or other applicable statute if, and to the extent, such liability can not be lawfully excluded. 13. SEVERABILITY If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. PURCHASING GOODS FROM OUR WEBSITE 14. CANCELLING ORDERS The site content is believed to be accurate and current at the time the information was posted, however adbbrakes.com may change the information, description or prices published on this website at any time. In the event of a price change we will notify you of this as soon as possible and give you a new price, you then have the option to accept or refuse the new price within seven days of receiving notice of the change in the item's price. In the event where the goods are not available we will notify you of this as soon as possible and give you a new delivery date you then have the option to accept or refuse the order within seven days of receiving notice of the change in the item's availability. Orders can not be cancelled once you have accepted the price, availability and delivery conditions and the goods have been paid for and dispatched. Orders can be cancelled by giving written notice 2 days prior to the goods being available for dispatch to you. 15. DELIVERY & ACCEPTING DELIVERY (See our Delivery Policy) Delivery of Goods can only be made to a valid postal address once we have received payment. If you the customer provide us with a wrong or an invalid address for delivery we can not be held liable for non delivery of goods. The courier may refuse to deliver the goods if there is no one at the delivery address to accept the delivery or if it's not a valid address. adbbrakes.com may charge you additional delivery fees if the goods need to be re delivered again to the same address or another address, or for any valid reason which is not the fault of adbbrakes.com. Anyone at the delivery address who receives the goods will be presumed to be legally authorized to receive the goods. Once we have received your payment we require 3 business days or less to dispatch the goods. Once we have dispatched the goods we will send you an Advance Delivery Notice (ADN) which will enable you to Track the Delivery of your goods. 16. PURCHASING GOODS You understand that goods ordered by you under the terms of this site is an offer by you to purchase goods or services for the price (including the delivery and other charges) specified herein at the time you place your order and that you agree to pay for and accept delivery of the goods ordered by you. We make every effort to ensure the prices and information displayed are correct however all orders made on this web site are subject to confirmation and acceptance by adbbrakes.com. We reserve the right to accept or reject your offer for any reason, including but not limited to unavailability, error in the price, description posted on this site, or an error in your order. In some instances we may require more information before accepting any order. For each order you must include
Orders can not be taken over the phone. In the event where the goods are not available we will notify you of this as soon as possible and give you a new delivery date you then have the option to accept or refuse the order within seven days of receiving notice of the change in the item's availability. In the event of a price change we will notify you of this as soon as possible and give you a new price, you then have the option to accept or refuse the new price within seven days of receiving notice of the change in the item's price. We reserve the right to restrict sales to retail quantities when supplying resellers and distributors. 17. PAYMENTS For each online order, you must pay: the applicable price for the relevant goods confirmed by adbbrakes.com and the delivery and handling fee specified at that time. adbbrakes.com uses Secure Sockets Layer (SSL) technology, to ensure your order and credit card details are safe and secure over the Internet. We can only accept payments using the methods stated in the Payments section of adbbrakes.com. We are unable to accept COD purchases. Payment must be cleared before the goods are dispatched unless you have approved credit facilities
Corporate buyers (Non account type) Corporate customers who are placing large orders and do not have an account must need to provide a 10% deposit on placement of order or open an account. Please contact us for further details in relation to corporate orders. 18. PRICING AND DISCOUNTS All prices are displayed in Australian dollars and are exclusive of GST. Tax invoices are sent to the "invoice" address provided when ordering. There are no further discounts applicable. 19. PRODUCTS DESCRIPTIONS adbbrakes.com and its affiliates attempt to be as accurate as possible. However, adbbrakes.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by adbbrakes.com itself is not as described, your sole remedy is to return it in unused condition. We recommend you read the labels on the goods carefully before opening the package. 20. REFUNDS AND RETURNS All returns must be initiated by us. We will not accept pay or reimburse any costs associated with a customer-initiated return. Refunds will only be issued in conjunction with consumer law. This does not include a change of mind or if delivery can not be made or is sent to the wrong address. Subject to the website Terms of Use, adbbrakes.com may accept returns provided that goods are returned within 7 days of the invoice date and in original unopened condition. Where adbbrakes.com accepts a return of goods it shall only be required to refund the purchase price of the goods less a 10% processing fee and a further repackaging fee if required. We will not pay any freight fee. We recommend you read the labels on the goods carefully before opening the package. In the event where the goods have been incorrectly packed and there has been
We will offer to exchange the goods for the correct ones as soon as it is reasonably possible from the time when you advised us. Only under these circumstances will we offer to pay the return freight fee on the goods and only if the freight company which we designate is used to return the goods to us. Where you are responsible for the return of goods we will not pay freight and we highly recommend that you insure the goods and use a reputable freight service provider/courier. We are not liable for goods that do not reach us, however if required we will take all reasonable steps to help you find the parcel. All parcels must be sent to Australian Disc Brakes 9 Jabez Street Marrickville NSW 2204. Returns Process is estimated to take up to 18 business days, this includes shippers transit time for us to receive your return (5-10 business days), our processing time once we receive it (3 business days), and the time it takes your bank to process our refund request (2-5 business days). As soon as we receive the goods back we will immediately notify you by email or fax. 21. REFUNDS PROCESSING (See our Return Policy) All returns must be initiated by us. We will not accept, pay or reimburse any costs associated with a customer-initiated return. We will normally process a credit within 3 business days of us having received your item in accordance with our returns policy, with the exception of goods that:
The actual method of refund will depend upon the payment method used in the first place for the original purchase. A replacement item, repair or refund will be offered in accordance with the terms of our returns policy. 22. RISK OF LOSS Title does not pass to the buyer until adbbrakes.com has received payment in full. Risk of loss passes to you the buyer upon our delivery to the carrier. 23. WARRANTY CLAIMS (a) No claim by the Buyer whether for alleged damaged or defective goods, shortage or for any other cause whatsoever need be recognised by Seller (and all such claims shall be deemed absolutely waived by Buyer) unless notified, in writing, to and received by Seller within seven (7) days after date of delivery or invoice date or within seven (7) days after the Buyer learns of the facts giving rise to the claim, whichever shall first occur. (b) Sellers liability for any and all loss or damage resulting from any cause whatsoever, including alleged negligence, shall be limited (at Sellers election) to the replacement of the goods or the repair of the goods or the cost of repair or replacement of the goods in respect of which the claim is made. Any damage in excess thereof shall be borne by the Buyer. (c) The seller agrees to repair or replace at its option free of charge any goods supplied by it, which are returned by the Buyer carriage paid to the Seller's address within seven (7) days after date of delivery or invoice date or within seven (7) days after the Buyer learns of the facts giving rise to the claim, whichever shall first occur and which in the Seller's opinion are defective by reason of faulty material or workmanship only. The Seller shall not be liable for any defects arising from unsuitability for any purpose of materials supplied to the Buyer or as result of the use to which the Buyer puts the goods. (d) The Seller shall not be obliged to accept any warranty claims in respect of goods not sold by it. The Seller shall be entitled to charge a $75 handling fee in respect of warranty claims where the claim is not substantiated or it is found that the Seller did not sell the goods. DELIVERY TIMES AND TRACKING We offer week day deliveries only between Monday to Friday. There are no weekend deliveries. Deliveries and delivery charges are according to the delivery zone in which the delivery is to be made. You can track your delivery at any time to find out where it is. DELIVERY TIMES
Orders received after 12.30am please add one more business day For all surrounding areas and all other delivery zones will be delivered in just a few days. DELIVERY ZONES
TRACKING YOUR DELIVERY The shipping method and carrier for your goods is shown when you make your purchase and confirmed on your Advance Delivery Notice (ADN). You can track your package at every stage by clicking the carrier link and using your tracking number. 1. Australian Post TEL: 13 13 18 Website: http://platinum.auspost.com.au/platinum/index.asp
2. Star Track Express TEL: 13 23 45 Website: http://www.startrackexpress.com.au/ 3. TNT Australia TEL: 13 11 50 Website: http://www.tnt.com.au/ Please note that all products are sold with a manufacturer's warranty, unless otherwise stated. If you have any questions, we would like to hear from you, please email customerservice@adbbrakes.com or fax adb brakes on 1300 18 13 18 If you have received an item that is not working, damaged in transit or incorrectly shipped, it is your responsibility to return the item back to us within 7 days of purchase. We will arrange to pick up goods that fall into this category. 1. Credits and Refunds All returns must be initiated by us. We will not accept, pay or reimburse any costs associated with a customer-initiated return. We will normally process a credit within 3 business days of us having received your item in accordance with our returns policy, with the exception of goods that: a. Do not show obvious signs of being faulty and may require further testing and/or b. Are customer initiated return. The actual method of refund will depend upon the payment method used in the first place for the original purchase. A replacement item, repair or refund will be offered in accordance with the terms of our returns policy. Refunds relating to ONLINE purchases made through a THIRD PARTY will incur a handling charge not less than the non refundable handling charge made by the third party service provider in the first place. 2. RETURNS' PROCEDURE You will need to package and address the item for return in such a way that it is not damaged in transit. We accept no responsibility for loss or damage occurring in transit. All returns must be initiated by us. We will not accept, pay or reimburse any costs associated with a customer-initiated return. You will need to: a. Contact your Account Manager or a Customer Service staff. b. You will be issued one Return Authorisation Number, (RAN) for each item. c. The item we receive must match the RAN. A RAN is only valid for one item. d. The RAN Number is only valid for 7 days, so we must receive the returned product into our warehouse within 7 days. e. Returns can only be accepted for processing with a Return Authorisation Number (RAN).
You will need to let us know: f. Purchase invoice number and date. g. Name and contact details on purchase invoice h. Part number of item to be returned i. Whether the product box has been opened j. Reason for return k. You will need to address the item to us and clearly show the RAN on the outside of the carton. RAN: Australian Disc Brakes 9 Jabez street Marrickville NSW 2204 The courier company will provide you with a return consignment note as proof that the courier has picked it up from you. You will need this information when tracking your goods. We do not accept any responsibility for goods in transit. 3. DAMAGED IN TRANSIT If you receive delivery of an item that has been damaged in transit from us to you, you must immediately: a. Refuse to accept delivery of the product, b. Direct the courier to "Return goods to sender" and c. Notify our Customer Service staff immediately. If you have already accepted delivery, and then notice that the item appears to have been damaged in transit, you must notify our Customer Service staff immediately. If your item is in full working condition or any defects or damage were caused after you took receipt of the item, it will be returned to you and you will be invoiced a processing fee and any freight costs associated with the return. These invoiced amounts will be payable within 30 days of receipt of invoice. If the product appears to us to be defective, we will offer you a replacement or refund in accordance with our returns policy. 4. FAULTY If the fault could not have been detected at purchase, and is not due to wear and tear or misuse, we will offer you a repair, replacement or refund, as appropriate in accordance with our returns policy. If the fault does not fit the above criteria and is not covered under the manufacturer's warranty, a. We will provide you with a quote for the repair costs and ask if you wish to proceed with the repair. b. If you decide not to proceed with the repair you will be charged an inspection fee. c. If you decide to proceed the inspection fee will be waived. d. We will require payment of the repairs and any costs associated with the repairs paid in advance.
5. INCORRECTLY SHIPPED
If we find that the item was shipped correctly (for example, where you have ordered the wrong item by mistake), and you will be invoiced a processing fee and any freight costs associated with the return. These invoiced amounts will be payable before the goods are released.
If the item was incorrectly shipped by us we will offer you a replacement or refund once we have received the goods back in accordance with our Returns Policy. 6. NOT WORKING BUT WE FIND IT IS If you return an item because you say it is not working or not working as it was designed to, but we find that the item is in full working order or working as it was designed to or any defects or damage were caused after you accepted delivery of the item, then the item will be returned to you and you will be invoiced a processing fee and any delivery costs associated with the return. These invoiced amounts will be payable within 30 days of receipt of invoice. 7. OTHER RETURNS All returns must be initiated by us. We will not accept, pay or reimburse any costs associated with a customer-initiated return. Where it is not a manufacturer's fault or it is not covered under warranty: a. You are responsible for all costs associated with the return of the item to us. b. We will not pay or reimburse any associated cost. c. We recommend you suitably package the item in such a way that it is not damaged in transit. d. We accept no responsibility for loss or damage occurring in transit.
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