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Information |
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| Conditions of Use |
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Definitions
- "A.M.H.P." means Australian Motorcycle
Headlight Protectors also referred to as "we" or "us"
in these terms and conditions.
- "Catalogue" or "Catalog"
means the catalogue of products and services offered by A.M.H.P..
- "Force Majeure" means any cause affecting
the performance by A.M.H.P. of its obligations arising from acts,
events, omissions, happenings or non-happenings beyond its reasonable
control including (but not limited to) governmental regulations,
terrorism, fire, flood or any disaster or industrial dispute affecting
a third party.
- "Working days" means Monday to Friday,
excluding Bank or other Public holidays.
Orders
- All contracts of sale made by A.M.H.P. shall be deemed to incorporate
these terms and conditions and the Privacy Notice and Shipping
and Returns procedures (listed separately) which shall prevail
over any other terms from the party ("the Customer")
with whom A.M.H.P. is dealing. Cancellation of orders by business
to business customers is not accepted as many orders are despatched
on the same day the order is placed. Cancellation of orders by
consumers can only be accepted in accordance with the Consumer
Protection (Distance Selling) Regulations 2000.
- All orders are subject to acceptance and to availability of
the goods ordered: A.M.H.P. is entitled to refuse any order placed
by you.
- You undertake that:
- All details you provide to us for the purpose of purchasing
goods or services offered on our web site are correct, and
- The credit or debit card you use to make a purchase from
us is your own card or your company’s card, that you
are authorised to use it, and that there are sufficient funds
or credit facilities to cover the cost of any goods or services
you order from us. We reserve the right to obtain validation
of your credit or debit card details before providing you
with any goods or services.
- Please note, A.M.H.P. may record and/or monitor inbound and
outbound calls and electronic traffic for training purposes.
Prices
- Goods and services are invoiced at the price prevailing at time
of order.
- A.M.H.P. reserves the right to modify the prices from time to
time.
Delivery, Title and Risk
- A.M.H.P. send their parcels Registered Post within Australia
This means your parcel has to be signed for and gives you $100
insurance. Express Post is available on request.
- When you buy from A.M.H.P. products, it comes from us. This
is how we make sure that when the parts leave our store, they
have the best chance of arriving undamaged because we take care
in packing them. We use strong cardboard boxes and bubble wrap
to insure a safe, smooth transit.
- It's not compulsory, but we do recommend you ask for insurance
on expensive items.
- Once we hand the parcel to Australia Post, we are not liable
for any loss or damage of the item/s. We cannot control the delivery
time but we are able to advise you on the expected arrival date.
- If applicable, we will send you tracking numbers
- Overseas buyers: Items will be posted via Australia Post -
Air mail. Overseas sales are sent Insured Post ( which gives you
a minimum of $100 insurance) or Express Post International, whichever
is more suitable.
- Buyers are responsible for all postage costs.
Payment
- Payment for the goods and delivery charges can be made by any
method shown on the Supplier's website at the time you place your
order. Payment shall be due before the delivery date and time
for payment shall be of the essence.
- There will be no delivery until cleared funds are received.
Product specifications
- A.M.H.P. makes every effort to supply the goods as advertised
but reserves the right to supply the goods subject to minor variations
in actual dimensions, specifications and, in the case of bulk
items, quantities, without prior notice.
- If A.M.H.P. cannot supply the goods ordered by the Customer,
A.M.H.P. reserves the right to offer goods of equal or superior
quality at no extra cost. In such a case, if the Customer does
not wish to accept the alternative goods offered, he or she may
cancel the order and require the refund of any money paid to A.M.H.P.
in respect of that order. This shall be the sole remedy of the
Customer in these circumstances.
A.M.H.P.'s liability
- A.M.H.P. shall under no circumstances be liable for any consequential
or indirect damage or loss, however caused, including (but not
restricted to) loss of business or profits, loss of goodwill,
damage to trading relationships loss of data and other financial
loss. ("Financial loss" in this sense does not refer
to the price you have paid for the goods, which we may be liable
to refund to you, in whole or in part, if the goods are faulty
or do not comply with their description). A.M.H.P. liability in
respect of all other losses shall be limited to the invoiced amount
of the relevant order, provided it has been paid.
Health and Safety
- In accordance with the Health and Safety at Work, etc Act 1974
and the Consumer Protection Act 1987, A.M.H.P. confirms that the
goods it supplies as a distributor do not present a hazard to
health and safety.
- When properly used for the purpose for which they are designed;
and
- If the Customer takes reasonable and normal precautions
in their use.
- AMHP tinted headlight protectors: supplied colours are just for aesthetic purposes (e.g. shows & displays), not necessarily for road use. Using your lights on public roads with these coloured headlight protectors on your lights MAY not be permitted by your local transport department.
Please check with your local authorities before purchasing and fitting to your motorcycle.
Force Majeure
- Where, in spite of its reasonable efforts, A.M.H.P. is unable
to perform an obligation due to force majeure, it shall not be
deemed to be in breach of its contract with the Customer.
Special Rules for Clearance Bargains & Non-Current
Catalogue Items (‘NCCI’) Products
- Goods sold as 'Clearance Bargains' or ‘Specials’
are downgraded goods that AMHP is able to offer at a discount
on the normal catalogue price. Stocks of goods offered, as Clearance
Bargains are limited and such goods are sold subject to the following
special rules. These special rules apply in addition to, and in
the event of any conflict override, all of A.M.H.P.’s other
terms and conditions.
- Clearance Bargains are graded according to the condition of
the goods, which is described at the point of sale. The length
of the guarantee (if any), with the benefit of which the goods
are sold, is specified in the description of the relevant grade.
- A.M.H.P. makes every effort to ensure that Clearance Bargains
are sold on a 'first come, first served basis'. However, the customer
accepts that the goods may for some reason become unavailable
at any time prior to delivery, in which case A.M.H.P. reserves
the right to rescind the contract. In the event of the cancellation
of the sale in these circumstances, A.M.H.P.'s liability is limited
to the return of the purchase price paid by the customer.
- All goods sold by A.M.H.P. as ‘Non-current catalogue items’
(‘NCCI’) or ‘Specials’ are sold subject
to the following special rules that apply in addition to A.M.H.P.’s
other terms and conditions.
- Products are non-returnable unless we have made an error
or the goods are faulty;
- Quoted prices are valid for 14 days only, and
- Quoted prices are not subject to value, cash or volume discounts.
Errors and Omissions
- A.M.H.P. makes every effort to ensure that all prices and descriptions
quoted in its catalogue and on its website are correct and accurate.
However, the frenetic tempo of e-commerce makes it inevitable
that mistakes will occasionally occur. In the case of a manifest
error or omission, A.M.H.P. will be entitled to rescind the contract,
notwithstanding that it has already accepted the Customer's order
and/or received payment from the Customer. A.M.H.P.'s liability
in that event will be limited to the return of any money the Customer
has paid in respect of the order. In the case of a manifest error
in relation to price, the Customer will be entitled to purchase
the goods by paying the difference between the quoted price and
the correct price, as confirmed in writing by A.M.H.P. after the
manifest error has been discovered.
- A 'manifest error', as the term is used in sub-paragraph (1)
above, means, in relation to an incorrect price, a price quoted
in error by A.M.H.P. which is more than 10% less than the price
that would have been quoted had the mistake not been made.
General
- Nothing in these terms and conditions affects your statutory
rights as a consumer.
- If any provision in this Agreement is held to be invalid or
unenforceable, it shall be deemed severed from the Agreement and
this shall not affect the validity or enforceability of the remaining
provisions.
- Any waiver of a breach of this Agreement must be in writing.
- Any variation of this Agreement must be in writing and signed
by a duly authorised A.M.H.P. official.
- The headings are for convenience only and shall not affect the
interpretation of this Agreement.
- Any notices given under this Agreement shall be in writing and
sent (a) by first class pre-paid post to the last known address
of the party; or (b) by fax to their last known fax number; or
(c) by e-mail to the last notified e-mail address of the party.
The notice shall be deemed served (a) two working days after posting;
or (b) upon receipt of a successful fax transmission report; or
(c) after system confirmation of e-mail delivery.
- These terms and conditions shall be governed by and construed
in accordance with the laws of England and the parties submit
to the exclusive jurisdiction of the English courts.
- A.M.H.P. may at its discretion record telephone transactions
for staff training and quality control purposes. The tapes will
be erased after review.
- A.M.H.P. reserves the right to change or amend these terms and
conditions at any time and without prior notice.
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