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AUSTRACO TERMS AND CONDITIONS OF PRODUCTS

  1. Interpretation

In these terms:

    1. "Austraco" means Fury Products Pty Ltd as Trustee for the Fury products Trust ABN 14 702 677 118, trading as Austraco.

    2. "Credit Period" means (in the case of a dealer for example) the period for which credit may be extended by written agreement.

    3. "Invoice" means the Tax Invoice to which these Terms and Conditions are annexed;

    4. "Manufacturer" means any entity from which Austraco imports or purchasers the Products for resale to the Purchaser;

    5. "Purchaser" means the person named as the purchaser on the Invoice;

    6. "Price" means the GST inclusive price specified on the Invoice;

    7. "Product" means the item specified on the Invoice.

  1. Sale & Purchase

In consideration for the payment of the Price, Austraco sells and the Purchaser buys the Product subject to these terms and conditions.

  1. Payment

    1. The Purchaser shall pay for the Product as described in the Invoice, or within the Credit Period.

    2. Austraco is not obliged to deliver the Product until the Price is received as clear funds by Austraco.

  2. Delivery

    1. The purchaser shall take delivery of the Product at Austraco's premises, or such other place shown as the place of delivery on the Invoice.

    2. Risk in the Product passes to the Purchaser upon delivery.

  3. Title

    1. Title in the Product shall not pass to the Purchaser until Austraco has received payment in full of the Price as clear funds.

    2. Until the payment has been received per 5.1 above, if the Purchaser takes possession of the Product it does so as bailee.

    3. The Purchaser undertakes to store the Product securely and in a manner which makes the Product readily identifiable as Austraco's product, until payment is made per clause 5.1.

    4. The Purchaser may not resell the Product unless and until the Price is paid in full, unless Austraco has extended credit terms to the Purchaser by written agreement.

    5. The Purchaser's right to possession shall cease if the Price is not paid within 7 days of delivery, or within the Credit Period, or if the Purchaser does anything or fails to do anything which would entitle a receiver to take possession of any assets or which would entitle any person to present a creditor's petition or a petition for winding up.

    6. If payment has not been received in full, Austraco may for the purposes of examining or repossessing the Product enter upon any premises where the Product is or may be stored.

  4. Purchaser's Acknowledgements

The Purchaser acknowledges and agrees:

    1. Austraco is a reseller and did not the manufacturer the Product;

    2. That the Manufacturer of a Product has published terms of sale and the Purchaser accepts the warranty that applies to that product;

    3. That the Product is not intended for use on public roads;

    4. That the Product may be second hand and may not be covered by a Manufacturer's warranty;

    5. That ATV use can be inherently dangerous and holds Austraco its officers, agents and suppliers free from all claims or liabilities caused by the operation of a vehicle or the actions of and third party.

  1. Austraco's Warranty, Liability & Exclusions

    1. Austraco's general terms of Warranty are shown below. If you purchased Products through a Dealer then the Warranty can be claimed through that Dealer.

    2. Austraco warrants, to the original purchaser, a Product for 12 months from the date of sale to be free of manufacturing defects. The warranty is limited at Austraco's option to:

      1. Replacement of the Product or the supply of equivalent Product; or

      2. The cost of replacing the Product or acquiring equivalent product; or

      3. Repair of the Product or the cost of having the Product repaired.

      4. Refund the purchase price.

    1. Austraco shall not be liable for any loss or damage directly or indirectly caused by:

      1. Improper adjustment, calibration or operation; or

      2. Use of the Product (by any person) in a manner not consistent with the Product Manufacturer's recommendations or the ATV manufacturers recommendations; or

      3. Any misuse of, or damage to, the Products

      4. Products which have been patched, plugged or repaired or into which liquid balancers or sealants have been introduced, & wheels used with spacers or adaptors;

      5. Inadequate or improper maintenance of the Product; or

      6. Any damage caused to the Product after the Purchaser takes delivery; or

      7. Use on a public road or from road hazards; or

      8. Use of the Product for sport, competition or racing, or

      9. Damage by harmful, corrosive, abrasive materials such as sand, salt, acid, cleaners, or

      10. Any leakage or contamination caused by the Product;

    2. There are no warranties either expressed or implied, including the implied warranties of merchantability and fitness for a particular purpose, which extend beyond this description. Austraco is not liable for any incidental or consequential damages. No representative of Austraco has authority to make any representations or promises except as stated in the warranty.

    3. If the Manufacturer's warranty is different from Austraco's standard warranty, then the same warranty conditions as provided by the Manufacturer of that product will apply.

    4. To the maximum extent permissible by law, Austraco disclaims any and all liability for loss or damage to person or property including any costs associated therewith.

    5. There are no representations between the parties to this agreement other than those expressly set forth in writing between Austraco and the purchaser. It is understood that Austraco's liability and the purchaser's sole remedy, shall not exceed the return of the purchase price paid, and under no circumstances shall the seller be liable for any special, incidental or consequential damages.

    6. Certain legislation, including the Trade Practices Act 1974, as amended, may imply warranties or conditions or impose obligations upon Austraco which cannot be excluded, restricted or modified except to a limited extent. This Agreement must be read and construed subject to any such statutory provisions

  1. General

    1. This Agreement shall be construed in accordance with and shall be governed by the consumer laws for Australia.

    2. If any provision of this Agreement is judged invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, such invalidity or unenforceability (unless deletion of such provision would materially adversely affect one of the parties) will not affect the operation or interpretation of any other provision of this Agreement to the intent that the invalid or unenforceable provision will be treated as severed from this Agreement.

    3. This Agreement can be viewed on website www.austraco.com and this shall be sufficient advice for the Purchaser to be fully informed about the current Terms of Sale and Warranty.

  1. Disputes

    1. Any dispute arising between Austraco and the Purchaser in relation to the Product shall firstly be resolved by the parties attempting to resolve the matter by mediation. If the parties are unable to resolve the dispute by mediation, then either party may to arbitrate the dispute, or to litigate the matter.

    2. If the parties elect to arbitrate the dispute, then they shall agree an arbitrator. Failing such agreement, an arbitrator shall be appointed by the President of the State Chapter of the Institute of Arbitrators of Australia.

  1. Acceptance of the Terms of Sale.

By accepting and using the Products the Purchaser agrees to all of the terms and conditions of sale contained herein.

If you do not agree to these terms and conditions of sale, then do not use the Product, advise Austraco in writing on the day of delivery or receipt and return the Products, undamaged, to Austraco within 7 days of purchase, for a refund. (Specially ordered or manufactured goods may not be refundable).

09.11.2010.