Authorised officer means a Director or Manager of Worthy Parts.
Customer means any Entity that purchases any product or service from Worthy Parts via the website or by any other means including direct purchases through sales representatives.
Entity means any individual or business organization including but not limited to sole traders, partnerships, companies, other corporate bodies, trusts, incorporated bodies and/or associations.
Website means www.worthyparts.com.
Worthy Parts means Worthy Parts Pty Ltd (ACN 166 204 600) of 8 Craig Road Kalgoorlie WA 6430.
Any Entity which does business with Worthy Parts agrees to do so on the following terms and conditions unless such terms and conditions are varied in writing and signed by an authorised officer of Worthy Parts: –
1.1 The Customer must arrange payment in full of the sale price plus GST and freight charges (if any) before Worthy Parts will deliver or cause to be delivered any goods.
- PROPERTY AND RISK
2.1 Risk in goods passes to the Customer once the goods leave Worthy Parts’ possession., Title and property in the goods does not pass to the Buyer until payment for the goods (including GST and freight if applicable) has been made in cleared funds to Worthy Parts.
- INDEMNITY, RELEASE and RESPONSIBILITY
3.1 The Customer hereby indemnifies Worthy Parts for and against all loss suffered by or incurred by the Customer caused by or arising in connection with the negligence or default of the Customer.
3.2 The Customer acknowledges and agrees that Worthy Parts will not be liable for any loss incurred by the Customer or any related entity in connection with any loss of or damage arising in connection with the provision of goods provided by Worthy Parts under this Agreement, other than to the extent caused by the negligence of Worthy Parts, and the Customer hereby releases Worthy Parts from any such liability.
4.1 No warranty of any kind is given by Worthy Parts on used goods sold by us unless such warranty is agreed by us and provided to the Customer in writing with description of goods sold and terms of the specific warranty.
- FREIGHT AND INSURANCE
5.1 Worthy Parts will organise freight of goods for all products sold to be shipped within Australia if requested by the Buyer.
5.2 Freight charges organised by Worthy Parts will be additional to the sale price of the goods unless otherwise agreed in writing.
5.3 If the sale price of the product is less than $500,000.00 (excluding GST) Worthy Parts will organise insurance for the product shipped within Australia to the Customer at Worthy Parts’ cost.
5.4 If the sale price of the goods is greater than $500,000.00 (excluding GST) the Buyer must organise its own insurance at its cost. If the Buyer requests Worthy Parts to organise insurance in these circumstances it will be at the Buyer’s cost and risk.
5.5 Where a product is shipped by Worthy Parts then its liability is limited to the value of the product and Worthy Parts will not be liable for any consequential loss incurred by the Customer in any circumstances.
5.6 Where a Customer requires a product to be shipped outside Australia then the Customer is responsible for arranging freight and insurance at its cost. Worthy Parts will not be liable for any damage or loss incurred whether such damage or loss occurs in Australia or otherwise.
5.7 If a Customer organises freight of goods to a destination outside Australia then the Customer is solely liable for all costs that may be incurred as a result of the goods leaving Australia, or costs of goods arriving in another country including but not limited to bonds, customs duty, import duty, taxes of any kind, shipping agents fees and enticement payments.
5.8 All products shipped by Worthy Parts are always at the risk of the Customer.
- RETURNS AND REFUNDS
6.1 Worthy Parts do not provide refunds for goods purchased from them.
6.2 When a Customer receives any goods from Worthy Parts, they must inspect the goods immediately upon delivery.
6.3 If a Customer believes the goods are damaged, incorrect or otherwise not in conformity with their purchase the Customer must give written notice to Worthy Parts immediately on receipt of the goods.
6.4 If Worthy Parts does not receive written notice in accordance with Clause 6.3 the Customer accepts the goods as delivered.
6.5 If a Customer gives notice pursuant to Clause 6.3 then the goods must be returned to Worthy Parts within seven (7) days of that Notice at its own cost and in the condition they were in at delivery (in their original packaging).
6.6 Worthy Parts may at its absolute discretion repair, refund or replace the goods but is not obligated to do so.
7.1 These terms and conditions and any contract to which they apply shall be governed by the laws of Western Australia and the parties submit to the jurisdiction of the Courts in Western Australia.
8.1 Worthy Parts may amend these terms and conditions at any time.