Lovells Terms and Conditions

Warranty, Terms & Conditions of Sale

Please note that all orders accepted by and goods supplied by LOVELLS AUTOMOTIVE SYSTEMS PTY LTD are subject to the standard Terms & Conditions of Sale as published from time to time by the Company. The following conditions of Warranty and Returns are also applicable.

Any modification to Terms / Conditions, Warranty or Returns will only be recognised if specifically agreed to and in writing by LOVELLS AUTOMOTIVE SYSTEMS PTY. LTD.

1. Interpretation

In these Terms and Conditions of Sale (“Terms”), “Goods” means the goods subject of the Contract; LOVELLS AUTOMOTIVE SYSTEMS PTY LTD means the entity selling the Goods; “Buyer” means the entity purchasing the Goods; “Contract” means each contract between LOVELLS AUTOMOTIVE SYSTEMS PTY LTD and the Buyer for the sale and purchase of the Goods and “order” includes “offer”.

2. Terms and Conditions

The only terms of the Contract are those agreed to in writing by LOVELLS AUTOMOTIVE SYSTEMS PTY LTD These Terms (to the extent they are not inconsistent with terms agreed to in writing by LOVELLS AUTOMOTIVE SYSTEMS PTY LTD) and those which are implied or imposed by law (including the Trade Practices Act 1974) to the extent that it is not lawful or possible to exclude them.  All other terms, conditions and warranties are expressly excluded.  If a conflict arises between the terms of any order made by Buyer and these Terms, these Terms will prevail.

An agreement to deliver the Goods in installments is taken to be a separate Contract for each installment.  These Terms and each Contract including them are governed by the laws of New South Wales and LOVELLS AUTOMOTIVE SYSTEMS PTY LTD and Buyer submit to the jurisdiction of the courts of that State.  If a term is held to be unenforceable, the remaining terms will apply.

3. Quotations and Orders

Any quotation made by LOVELLS AUTOMOTIVE SYSTEMS PTY LTD will not be construed or operated as an offer or obligation to sell.  LOVELLS AUTOMOTIVE SYSTEMS PTY LTD reserves the right to accept or reject in its absolute discretion any order received by it.  Buyer will not be entitled to cancel or refuse delivery of, or payment for, any order made by it which has been accepted by LOVELLS AUTOMOTIVE SYSTEMS PTY LTD

4. Price

The price payable to LOVELLS AUTOMOTIVE SYSTEMS PTY LTD by Buyer for the Goods will be the price agreed; failing it will be the price prevailing at the date the Goods are dispatched by LOVELLS AUTOMOTIVE SYSTEMS PTY LTD for the delivery to Buyer.  Prices are payable in Australian currency and exclusive of delivery costs, taxes, duties and other imposts which, if changeable, are payable by Buyer.  Prices quoted in any LOVELLS AUTOMOTIVE SYSTEMS PTY LTD price-list are suggested prices only and may be changed by LOVELLS AUTOMOTIVE SYSTEMS PTY LTD without notice.

5. Payment

Buyer must pay cash for the Goods on delivery or, at LOVELLS AUTOMOTIVE SYSTEMS PTY LTD absolute discretion, strictly within 30 days of delivery.  LOVELLS AUTOMOTIVE SYSTEMS PTY LTD will appropriate payments first to outstanding interest and then to outstanding accounts in the date order rendered.

6. Overdue Accounts

If Buyer fails to pay all or part of any amount to LOVELLS AUTOMOTIVE SYSTEMS PTY LTD when due, interest will be payable on that amount from its due date until it is paid in full at a rate equivalent to 2% per annum above the overdraft rate from time to time charged to LOVELLS AUTOMOTIVE SYSTEMS PTY LTD by its principal banker.

7. Delivery

LOVELLS AUTOMOTIVE SYSTEMS PTY LTD will make all reasonable efforts to deliver the Goods on the dates agreed, to the place or carrier designated by Buyer.  LOVELLS AUTOMOTIVE SYSTEMS PTY LTD has the right to make delivery in installments and to deliver those Goods available for delivery.  Buyer has no right to terminate the Contract because of a delay in delivery.

8. WARRANTY

LOVELLS AUTOMOTIVE SYSTEMS PTY LTD warrants that its products are manufactured to S.A.E – Society of Automotive Engineers – specifications for the particular product.  LOVELLS AUTOMOTIVE SYSTEMS PTY LTD further warrants that all products sold here under are free from defects in material and workmanship.  LOVELLS AUTOMOTIVE SYSTEMS PTY LTD will, as its sole option, repair or replace any products supplied by it which are found to be defective in either materials or workmanship providing that LOVELLS AUTOMOTIVE SYSTEMS PTY LTD is actually notified in writing from Buyer of the alleged defect within ninety (90) days from the date of invoice.  Any claim not made within this period shall conclusively be deemed waived by the Buyer.  Repair or replacement is preconditioned on the examination of the goods by LOVELLS AUTOMOTIVE SYSTEMS PTY LTD and, if requested by LOVELLS AUTOMOTIVE SYSTEMS PTY LTD return of the goods to LOVELLS AUTOMOTIVE SYSTEMS PTY LTD No products are to be returned to LOVELLS AUTOMOTIVE SYSTEMS PTY LTD without written consent, according to procedures outlined herewith and noted on Warranty and Credit claim forms (available upon request), and the receipt by the Buyer of specific shipping instructions.  LOVELLS AUTOMOTIVE SYSTEMS PTY LTD shall not be liable for any expense incurred by Buyer in order to repair any defect in its products.  LOVELLS AUTOMOTIVE SYSTEMS PTY LTD shall not be liable for any consequential, special, in direct or contingent damage or expense arising directly or indirectly from any defect in its products or from use of any products.  This warranty does not apply to (1) Goods no longer required by Buyer, (2) Goods incorrectly chosen by Buyer, or (5) Goods modified or altered by Buyer (including changing colour). 

EXCEPT AS SET FORTH HEREIN, AND EXCEPT AS TO TITLE, IT IS EXPRESSLY AGREED (a) THAT THERE IS NO WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NOR OTHER WARRANTY EXPRESS, IMPLIED OR STATUTORY NOR ANY AFFIRMATION OF FACT, OR PROMISE BY LOVELLS AUTOMOTIVE SYSTEMS PTY LTD WITH REFERENCE TO THE GOODS WHICH EXTENDS BEYOND THE SPECIFICATIONS, AGREED UPON BY LOVELLS AUTOMOTIVE SYSTEMS PTY LTD AND THE BUYER AND (b) THAT THE BUYER IF ANY MUTUALLY ACKNOWLEDGES THAT IT IS PURCHASING THE GOODS SOLELY ON THE BASIS OF THE COMMITMENTS OF LOVELLS AUTOMOTIVE SYSTEMS PTY LTD EXPRESSLY SET FORTH HEREIN.  NO PERSON IS AUTHORISED TO CHANGE OR ADD TO ANY OF LOVELLS AUTOMOTIVE SYSTEMS PTY LTD OBLIGATIONS UNDER THIS WARRANTY IN NO EVENT SHALL LOVELLS AUTOMOTIVE SYSTEMS PTY LTD BE LIABLE FOR ANTICIPATED PROFITS OR FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.

Buyer agrees to indemnify and hold LOVELLS AUTOMOTIVE SYSTEMS PTY LTD harmless from and against any loss, injury or damage, to person or property, that extends beyond the warranties set forth above, whether the claims against LOVELLS AUTOMOTIVE SYSTEMS PTY LTD or the damages are incidental or consequential.

LOVELLS AUTOMOTIVE SYSTEMS PTY LTD manufactured Coil Springs are covered by a five (5) year unlimited km warranty and leaf springs by a five (5) year unlimited km warranty to the original purchaser against defective work in manufacturing and materials. Lovells Extreme Race Coil Springs are covered by a 12 month warranty to the original purchaser against defective work in manufacturing and materials.

LOVELLS AUTOMOTIVE SYSTEMS PTY LTD Shock Absorbers (Gas Legend and Eliminator brands) are warranted against faulty materials and workmanship when used for their designated purpose for a period of three (3) years from the retail date of sale or 70,000 km whichever occurs first, unless additional warranty terms are specifically agreed upon by LOVELLS AUTOMOTIVE SYSTEMS PTY LTD.

LOVELLS AUTOMOTIVE SYSTEMS PTY LTD Suspension Components are warranted against faulty materials and workmanship when used for their designated purpose for a period of two (2) years from the retail date of sale or 40,000 km whichever occurs first, unless additional warranty terms are specifically agreed upon by LOVELLS AUTOMOTIVE SYSTEMS PTY LTD.

Warranty does not apply to any products manufactured to special order or to customer’s specification or drawings, unless specifically agreed upon by LOVELLS AUTOMOTIVE SYSTEMS PTY LTD

No claim for warranty or guarantee will be considered for products supplied by LOVELLS AUTOMOTIVE SYSTEMS PTY LTD unless installation has been carried out strictly in accordance with Lovells Springs installation instructions which are supplied by LOVELLS AUTOMOTIVE SYSTEMS PTY LTD on request.

Warranty on non LOVELLS AUTOMOTIVE SYSTEMS PTY LTD manufactured product, either locally purchased or imported, will be the warranty as offered by the original manufacturer or distributor.

LOVELLS AUTOMOTIVE SYSTEMS PTY LTD  warrants the original buyer, only when purchased new via authorised LOVELLS AUTOMOTIVE SYSTEMS PTY LTD Resellers, Distributors, Stockists and Authorised dealers, from date of sale.  Product is warranted against defects in material or workmanship that cause the product to perform below the specified limits set by LOVELLS AUTOMOTIVE SYSTEMS PTY LTD to the extent that LOVELLS AUTOMOTIVE SYSTEMS PTY LTD will repair or replace any parts which are found to be defective.  All warranty claims must be submitted via original purchasing Distributor, Stockist, Authorised Dealer, Store or chain, unless otherwise arranged.  Proof of original purchase must be presented upon request.  Products may require to be returned to LOVELLS AUTOMOTIVE SYSTEMS PTY LTD for assessment or repair.  Postage and removal costs involved are not the responsibility of LOVELLS AUTOMOTIVE SYSTEMS PTY LTD and may be considered upon discretion by LOVELLS AUTOMOTIVE SYSTEMS PTY LTD in the event of such claim being verified.  This warranty does NOT apply where, 1) acts of neglect or misuse are evident, 2) product has been modified, 3) vehicles which are modified or not the recommended vehicle of use, 4) used in racing or competition conditions without the prior consent of LOVELLS AUTOMOTIVE SYSTEMS PTY LTD, 5) used beyond the expectations of the original vehicle manufacturer.  Before installation of any product, please ensure you have received the correct parts for your application. Ordering of the correct parts is the responsibility of the Buyer.  Return of a product in an unused condition will attract a 15% restock fee, where LOVELLS AUTOMOTIVE SYSTEMS PTY LTD is not at fault.

Return of used or soiled product, 1) outside warranty period, 2) without fault, will result in refusal of your claim and be returned at Buyer’s expense.  Damage to products through fitment error is not covered under warranty.

Modification of product - where on site modification is necessary due to time constraints customer must notify Lovells’ Research & Development Manager and gain written approval before proceeding with any emergency modifications.

9. Design and Legalities of Product

LOVELLS AUTOMOTIVE SYSTEMS PTY LTD shall supply goods that are compliant to Australian State Roadworthy Laws and A.D.R. (Australian Design Rules), based on listed/catalogued items only.

LOVELLS AUTOMOTIVE SYSTEMS PTY LTD shall not be liable in respect of any infringement of any state law arising from:

(a) Fitting or supplying of products to an unroadworthy vehicle or a vehicle that has been raised or lowered in contravention of Australian State Laws.

(b) Supply of goods that are special and do not conform to Australian State Roadworthy Laws and regulations.

10. Damage

Buyer acknowledges that the Goods leaving LOVELLS AUTOMOTIVE SYSTEMS PTY LTD’s premises are adequately packed.  Claims for damage in transit must be made against the carrier and, while LOVELLS AUTOMOTIVE SYSTEMS PTY LTD will not accept liability for any damage, details of any claim must be promptly advised to LOVELLS AUTOMOTIVE SYSTEMS PTY LTD  Prior to acknowledging delivery to the carrier, Buyer must be endorsed on the carrier’s note.  Any shortages and/or damages must be reported to LOVELLS AUTOMOTIVE SYSTEMS PTY LTD within 72 hours of receipt.

11. Title

10.1 Title to the Goods will not pass to Buyer until the earlier of:

(a) LOVELLS AUTOMOTIVE SYSTEMS PTY LTD being paid in full under Contracts; or

(b) the sale Buyer of the Goods in its ordinary course of business (in which case Buyer must keep accurate account of each sale, hold the proceeds of each sale separate from Buyer’s own money and pay LOVELLS AUTOMOTIVE SYSTEMS PTY LTD in full from the proceeds of the purchase price of each sale despite that the payment is not otherwise due).

10.2 Until title to the Goods passes to Buyer, Buyer must:

(a) hold the Goods as bailed for LOVELLS AUTOMOTIVE SYSTEMS PTY LTD and keep them in good order and condition.

(b) not remove any markings placed by LOVELLS AUTOMOTIVE SYSTEMS PTY LTD and ensure that the Goods can be readily identified and distinguished from other property in Buyer’s possession; and

(c) deliver the Goods to LOVELLS AUTOMOTIVE SYSTEMS PTY LTD immediately upon demand and, for this purpose, LOVELLS AUTOMOTIVE SYSTEMS PTY LTD is authorised to enter at any time any premises on which the Goods may be located (the costs incidental to which will be borne by Buyer).

12. Risk

Risk in the Goods (including insurance responsibility) passes to Buyer on delivery of the Goods to the place or carrier designated by Buyer or, if sooner, possession of the Goods passes to Buyer or its agent.

13. Implied Terms, Limitation of Liability and Buyers Indemnity

12.1 Subject to Clause 2, LOVELLS AUTOMOTIVE SYSTEMS PTY LTD’s liability for any breach of a condition or warranty imposed or implied by law in respect of any Goods or services which are not of a kind ordinarily acquired for personal, domestic or household use or consumption  (provided that this provision does not apply if Buyer establishes that it is not fair or reasonable for LOVELLS AUTOMOTIVE SYSTEMS PTY LTD to rely on it) will be limited to:

(a) in the case of Goods supplied, any one or more of the following (as LOVELLS AUTOMOTIVE SYSTEMS PTY LTD may determine):

(i) replacement of the Goods or the supply of equivalent goods;

(ii) repair of the Goods;

(iii) payment of the cost of replacing the Goods or of acquiring or obtaining equivalent goods; or

(iv) payment of the cost of having the Goods repaired; and

(b) in the case of services supplied, any one of the following ( as LOVELLS AUTOMOTIVE SYSTEMS PTY LTD may determine);

(i) supplying the services again; or

(ii) payment of the costs of having the services supplied again.

12.2 Subject to the Terms, LOVELLS AUTOMOTIVE SYSTEMS PTY LTD will not be liable for any loss, damage, expense or injury of any kind or nature suffered or incurred by Buyer or any person, arising out of or in connection with, the Contract ( including, without limitation, liability due to negligence or willful default of LOVELLS AUTOMOTIVE SYSTEMS PTY LTD and any delay in delivery) or any error (whether negligent or not) in information supplied to Buyer in connection with its subject matter or the use, possession or delivery of the Goods or the exercise by LOVELLS AUTOMOTIVE SYSTEMS PTY LTD of its rights under Clause 16 and Buyer will indemnify LOVELLS AUTOMOTIVE SYSTEMS PTY LTD in relation to any such loss, damage, expense or injury.

14. Claims

Return of goods will only be accepted by LOVELLS AUTOMOTIVE SYSTEMS PTY LTD after written authority to return such goods has been given by LOVELLS AUTOMOTIVE SYSTEMS PTY LTD and the goods, including packaging, will be in good condition and re-saleable.

Any claim made by Buyer must be in writing and contain the particulars specified in the LOVELLS AUTOMOTIVE SYSTEMS PTY LTD’s “Application for Exchange or Credit” or  “Application for Warranty” and be received by LOVELLS AUTOMOTIVE SYSTEMS PTY LTD within 14 days after delivery of Goods.  Subject to the Contract, no claim for credit will be recognised where

(1) the Goods are made to special order or Buyer’s specifications or drawings,

(2) are no longer required by Buyer,

(3) are returned without the particulars required by this Clause,

(4) Buyer has modified or altered the Goods (including changing colour) or

(5) if the LOVELLS AUTOMOTIVE SYSTEMS PTY LTD catalogue stipulates that return will not be accepted.  If Buyer insists on returning the Goods, it must pay LOVELLS AUTOMOTIVE SYSTEMS PTY LTD a handling fee equal to 40% of the price of the Goods.

Freight and handling charges for all authorised returns will be on the basis that all costs are to be borne by the Customer unless specifically approved in writing by LOVELLS AUTOMOTIVE SYSTEMS PTY LTD.

15. Force Majeure

Despite any other term or condition of the Contract, LOVELLS AUTOMOTIVE SYSTEMS PTY LTD will not be liable for any loss, damage, expense or injury of any kind or nature suffered or incurred by Buyer or any other person, arising out of or in connection with any delay in delivery, or failure to perform any other term or condition of the Contract where that delay or failure is caused by an act of God, fire, labour dispute, civil commotion, intervention of a government. Inability to obtain labour, materials or manufacturing facilities, accidents, interruptions of or delay in transportation or any other cause beyond LOVELLS AUTOMOTIVE SYSTEMS PTY LTD’s reasonable control.

16. Errors or Omissions

LOVELLS AUTOMOTIVE SYSTEMS PTY LTD has the right to correct any clerical errors or omissions, whether in computation or otherwise in any quotation, acknowledgment or document forming part of a Contract.

17. Breach by Buyer

If Buyer breaches a Contract or LOVELLS AUTOMOTIVE SYSTEMS PTY LTD is not satisfied of a Buyer’s ability to pay or otherwise comply with each Contract, LOVELLS AUTOMOTIVE SYSTEMS PTY LTD may by notice to Buyer, but without compensation, terminate every Contract, suspend or cease deliveries under all Contracts, set-off all deposits against amounts due and made all amount then outstanding by Buyer to LOVELLS AUTOMOTIVE SYSTEMS PTY LTD immediately due and payable.

18. Waiver

LOVELLS AUTOMOTIVE SYSTEMS PTY LTD’s right under the Contract are cumulative and in addition to any other rights.  No delay or failure by LOVELLS AUTOMOTIVE SYSTEMS PTY LTD to enforce any right is a waiver or that right any waiver by LOVELLS AUTOMOTIVE SYSTEMS PTY LTD of any term or breach of the Contract is not to be taken as a Continuing waiver or a waiver of any subsequent breach.

Important information about our catalogues

The information contained in our catalogues has been gathered from known sources and promoters of products to LOVELLS AUTOMOTIVE SYSTEMS PTY LTD. LOVELLS AUTOMOTIVE SYSTEMS PTY LTD does not guarantee the accuracy or the content of the information contained herein. Responsibility to determine the suitability of the product for a specific application is the responsibility of the Customer/User. LOVELLS AUTOMOTIVE SYSTEMS PTY LTD accepts no responsibility for errors or omissions in this catalogue and accepts no liability for loss and / or damage arising from the use or misuse of the information contained herein.

Copyright:

Our catalogues and website may not be reproduced in whole or part without the prior written consent of LOVELLS AUTOMOTIVE SYSTEMS PTY LTD

 
   

©2018 Lovells Automotive Systems Pty Ltd

Int. Ph: +61 2 9820 6800 Int. Fax: +61 2 9820 6788

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