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Conditions of Use
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Conditions of Use Conditions of Use
Definitions
  1. "A.M.H.P." means Australian Motorcycle Headlight Protectors also referred to as "we" or "us" in these terms and conditions.

  2. "Catalogue" or "Catalog" means the catalogue of products and services offered by A.M.H.P..

  3. "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.

  4. "Working days" means Monday to Friday, excluding Bank or other Public holidays.

Orders

  1. 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.

  2. 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.

  3. You undertake that:
    1. All details you provide to us for the purpose of purchasing goods or services offered on our web site are correct, and

    2. 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.
  4. Please note, A.M.H.P. may record and/or monitor inbound and outbound calls and electronic traffic for training purposes.

Prices

  1. Goods and services are invoiced at the price prevailing at time of order.

  2. A.M.H.P. reserves the right to modify the prices from time to time.

Delivery, Title and Risk

  1. 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.

  2. 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.

  3. It's not compulsory, but we do recommend you ask for insurance on expensive items.

  4. 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.

  5. If applicable, we will send you tracking numbers

  6. 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.

  7. Buyers are responsible for all postage costs.

Payment

  1. 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.

  2. There will be no delivery until cleared funds are received.

Product specifications

  1. 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.

  2. 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

  1. 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

  1. 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.
    1. When properly used for the purpose for which they are designed; and

    2. If the Customer takes reasonable and normal precautions in their use.
  2. 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

  1. 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

  1. 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.

  2. 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.

  3. 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.

  4. 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.
    1. Products are non-returnable unless we have made an error or the goods are faulty;

    2. Quoted prices are valid for 14 days only, and

    3. Quoted prices are not subject to value, cash or volume discounts.

Errors and Omissions

  1. 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.

  2. 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

  1. Nothing in these terms and conditions affects your statutory rights as a consumer.

  2. 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.

  3. Any waiver of a breach of this Agreement must be in writing.

  4. Any variation of this Agreement must be in writing and signed by a duly authorised A.M.H.P. official.

  5. The headings are for convenience only and shall not affect the interpretation of this Agreement.

  6. 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.

  7. 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.

  8. 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.

  9. 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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