General Terms and Conditions
1. Introduction
The following terms and conditions apply to your use of the "Supercharged Outlaws Western Australia Merchndising" web site ("the web site") owned and operated by Supercharged Outlaws Western Australia Merchandising and Hitman Racing. (Australian Business Number) ABN 82 781 063 430 and any company member or subsidiary member of its group, (herein after referred to as the "Owner"), and it's visitors and customers.
The Web site Owner, including subsidiaries and affiliates ("owner" or "Web site Owner" or "we" or "us" or "our") provide the information contained on this web site or any of the pages comprising the web site ("web site") to visitors and customers (cumulatively referred to as "you" or "your" or the "Customer") subject to the terms and conditions set out in these "Terms and Conditions", the privacy policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section of this web site, collectively referred to as the "Terms and Conditions".
Your use of the web site indicates your acceptance of these "Terms and Conditions". These "Terms and Conditions" are subject to change by the Owner. The Owner may change the content of its "Terms and Conditions" at any time without any prior notice to anyone.
By becoming registered through the Online Shop or requesting to be kept up-to-date via email with Supercharged Outlaws Western Australia Merchandising or Hitman Racing, the Customer herein agrees to be bound to the "Terms and Conditions" listed on this web site.
2. Information on the Web site
Whilst every effort is made to update the information contained on this web site, neither the Web site Owner nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any price information, research information, data and/or content contained on the web site (including but not limited to any information which may be provided by any third party or data or content providers), the "information" and shall not be bound in any manner by any information contained on the web site.
The Web site Owner reserves the right at any time to change or discontinue without notice, any aspect or feature of this web site.
No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes.
You and/or your company rely on the information contained on this web site at your own risk.
3. Placing Order / Pricing
All pricing is in Australian dollars and inclusive of GST unless otherwise stated. In accordance with Australian law GST will be charged where items are delivered to an address within the boundaries to which Australian GST must be applied. Please note that pricing and stock availability are subject to change without prior notice. Supercharged Outlaws Western Australia Merchandising and Hitman Racing reserves the right not to sell below its cost. Errors and omissions excepted.
Where the option is available for the Customer to view prices in currencies other than Australian dollars, prices are indicative only, and the rates used to calculate the price to the Customer will be determined by the financial institution or processing facility used to process the transaction. Supercharged Outlaws Western Australia Merchandising and Hitman Racing will not be responsible for any errors in the indication of prices that are not in Australian dollars.
Customers residing in Australia or its territories must pay for their order in Australian dollars. At the discretion of the Owner, customers outside Australia or its Territories may pay using other currencies. Any costs associated with exchanging non-Australian currencies to Australian dollars will be borne solely by the Customer.
All orders placed are subject to confirmation and acceptance by Supercharged Outlaws Western Australia Merchandising and Hitman Racing, this includes pre-paid orders, eg. direct deposit, PayPal etc.
Supercharged Outlaws Western Australia Merchandising and Hitman Racing may vary prices in the event of price changes or mistakes made by suppliers on reasonable prior notice to you. If Supercharged Outlaws Western Australia Merchandising and Hitman Racing requests payment for increased prices, you may cancel the order by giving notice to Supercharged Outlaws Western Australia Merchandising and Hitman Racing, which must be received within seven days of the announcement of the increase.
To minimise errors and improve efficiency, orders should be placed using our on-line ordering system whenever possible.
Quantity in stock displayed on the web site should be considered as a guide only. Quantity in stock does not take into account the orders already placed which are yet to be processed or stock sold at Motorsport venues. It is possible that an order placed earlier will receive the allocation of the part in which the quantity for it showed as in stock at the time of your order. Inventory discrepancy can also affect the accuracy of the stock status displayed on the web site.
Price may vary depending upon location due to freight costs and other logistical requirements. All freight costs are borne by the Customer.
Overcharge on freight will be credited only when orders have been paid for in full and there are no outstanding or pending claims by the Customer.
Supercharged Outlaws Western Australia Merchandising and Hitman Racing reserves the rights to adjust freight cost at any time.
4. Delivery / Collection
Where permitted by Supercharged Outlaws Western Australia Merchandising and Hitman Racing, the Customer may, at their own expense, arrange collection of products from Supercharged Outlaws Western Australia Merchandising and Hitman Racing at its premises. Alternatively, Supercharged Outlaws Western Australia Merchandising and Hitman Racing in its sole and absolute discretion may arrange physical delivery of products to the Customer at the Customer's business address, such delivery being at the cost of the Customer. The Customer shall be deemed to assume and shall be liable for loss or damage to products from the time they are placed on to the vehicle to transport them from Supercharged Outlaws Western Australia Merchandising and Hitman Racing premises unless the Customer has insured the item when buying from Supercharged Outlaws Western Australia Merchandising and Hitman Racing.
Customers are responsible to have someone at the delivery address to sign for and accept the delivery where this type of freight option has been used. Cost for re-delivery attempts will be passed to the customers if the delivery address is unattended at the time of delivery.
5. Delivery time
Any date Quoted for delivery is an estimate only, and unless a guarantee shall have been given by Supercharged Outlaws Western Australia Merchandising and Hitman Racing in writing providing for liquidated damages for failure to deliver by the Quoted date, Supercharged Outlaws Western Australia Merchandising and Hitman Racing shall not be liable to the Customer for any loss or damage howsoever arising for failure to deliver on or before the Quoted date. The Customer shall accept and pay for Products, not withstanding any failure by Supercharged Outlaws Western Australia Merchandising and Hitman Racing to deliver by the Quoted date.
Customer purchases can be suspended for manual antifraud check for 10-20 minutes or for a longer term (around 20 hours) for more serious investigation. Antifraud check occurs because of the growing number of fraud transactions from persons who are not actual cardholders of the credit cards used during purchase. Supercharged Outlaws Western Australia Merchandising and Hitman Racing will not be responsible for delays occurring as a result of our antifraud check. Where overnight delivery or any other delivery, where an estimated delivery time is provided, the time will commence at the conclusion of our antifraud check. No refunds or allowances will be made due to delays resulting from our antifraud checks.
Goods specially ordered in for the Customer, must be fully paid for prior to delivery and cannot be returned or exchanged without express approval from Supercharged Outlaws Western Australia Merchandising and Hitman Racing in writing. The latter case would still attract the normal restocking fee.
6. Returns / Refunds / Cancellations
There will be no credit given on order price difference, due to price drops. Please select carefully at the time when you place your order.
Returns for refund will only be accepted within 7 days of you receiving the goods. A restocking fee of 25% of the purchase price will be deducted. Returned goods must be in their original condition and include all the original packaging. Shipping and handling costs are not refundable.
Any incorrect, missing or damaged items received must be reported to Supercharged Outlaws Western Australia Merchandising and Hitman Racing within 24 hours of you receiving the delivery. This can only be done by E-mail or Phone.
If item(s) received is not what was ordered please do not open the sealed package in which it was sent. Any attempt to use the incorrect item will be deemed to be acceptance by the customer of the item(s) as a satisfactory substitute for the one that was ordered and no further claim can be raised thereafter.
Supercharged Outlaws Western Australia Merchandising and Hitman Racing owns the title of any extra goods shipped with your order that have been despatched in error.
If requested by Supercharged Outlaws Western Australia Merchandising and Hitman Racing, the Customer may be required to provide information so that Supercharged Outlaws Western Australia Merchandising and Hitman Racing can easily assist the Customer with any monetary refund or cancellation. This information may include member's names, address, home phone, work phone, credit card details and other relevant information required by Supercharged Outlaws Western Australia Merchandising and Hitman Racing. Failure to provide sufficient information may delay the refund or cancellation, Supercharged Outlaws Western Australia Merchandising and Hitman Racing is not to be held responsible for any delays regardless of the cause of any delays.
Any attempt to cancel an order must be made as soon as possible. Cancellations attempted after the despatching will result in the customer having to pay the shipping and handling charges on the package and the cost of shipping the package back. Cancellations may be communicated by telephone or email. On Saturdays, Sundays and holidays by E-mail only. Phone contact is restricted to non holidays Monday to Friday 9.00am to 4.30pm AWST (Australian Western Standard Time) or AWSDT. In the event that phone contact is delayed or not possible during these hours please use E-mail and request a 'read receipt' when sending. Cancellation for specially ordered items will also attract a 20% cancellation fee. This is to cover the return to stock fee applied by our suppliers and shipping cost. The above only applies to items sold through our online shop.
7. Warranty General
Warranty is provided on a back to base basis. Customers shall bear cost of shipping and insurance both ways or in the case of claims where a refund is permitted, the cost of shipping and insurance to return the item to Supercharged Outlaws Western Australia Merchandising and Hitman Racing. Supercharged Outlaws Western Australia Merchandising and Hitman Racing is not responsible for any parcel missing in transit either on its return back to Supercharged Outlaws Western Australia Merchandising and Hitman Racing or its subsequent return to the customer.
Goods returned for warranty must have Return Authorisation Number (RA#) which can be obtained by contacting Supercharged Outlaws Western Australia Merchandising and Hitman Racing. The RA# must be clearly marked on the outside of the package with a brief description of faults enclosed. If proof of purchase is required, a copy of sales invoice must be included. Goods returned for warranty should be properly packed to prevent damage during transit. Failure to do so may void the warranty. Replacement will only be given if goods are found faulty and returned to us within 14 days. No refunds will be given unless specifically stated herein. If goods are returned for warranty and no faults are found, a no fault fee of $40.00 will be charged. Supercharged Outlaws Western Australia Merchandising and Hitman Racing will not be liable to repair any goods where the damage has been caused in any way through the fault of the customer.
General warranty conditions for special categories of goods include :
NOS (New - old stock) items are normally runout stock that has been discounted. As the condition of these items has been beyond our control at some time these items are sold without warranty of any kind. In exceptional circumstances and solely at the discretion of Supercharged Outlaws Western Australia Merchandising and Hitman Racing a partial refund or replacement may be offered by Supercharged Outlaws Western Australia Merchandising and Hitman Racing. The cost of verifying items as faulty within a batch of components will be borne by the Customer.
DOA (Dead on arrival) items are eligible for refund or replacement. "DOA" items must be reported within 7 days from the time you receive your goods. Failure to report a DOA item within 7 days will result in you not being able to claim the item as a "DOA". This is particularly important for printers, monitors etc where the manufacturers have strict guidelines.
AS IS or UNTESTED items are sold without warranty of any kind and ordering any items noted as such indicates your acceptance of all risk in relation to products so noted. These items are usually heavily discounted and may require test equipment that is beyond the scope of non specialist companies. No refund, repair or replacement is available for these items under any circumstances.
USED items will carry either a "DOA" or "AS IS" warranty. As items of this nature usually can NOT be replaced, except in unusual circumstances. Warranty refund or replacement is at the sole discretion of Supercharged Outlaws Western Australia Merchandising and Hitman Racing. Items marked "USED and AS IS" are treated under the "AS IS" section above.
9. Warranty turnaround time
Turnaround time for warranty claims largely depends on the suppliers or the distributors. We will try our best to speed up the process. Please understand the time involved for a warranty claim will include: our time to test the item, shipping back to the supplier, suppliers own test and replacement/repair, and the shipping back to us.
We do not provide advance replacement under any circumstances. Please keep this in mind when you place your order. Supercharged Outlaws Western Australia Merchandising and Hitman Racing is not responsible for any losses resulting from the time it takes to have the faulty item replaced or repaired.
If you will be using the item(s) for mission critical tasks, be it running a business, using it to prepare an examination, using it for a pre-organised game party etc, you should consider purchasing it from a provider that offers instant replacement.
10. Payment
Unless otherwise agreed in writing, payment for products supplied shall be made in full by the Customer to Supercharged Outlaws Western Australia Merchandising and Hitman Racing without deduction or demand, within the approved term as advised by Supercharged Outlaws Western Australia Merchandising and Hitman Racing, or in the absence of a term approved by Supercharged Outlaws Western Australia Merchandising and Hitman Racing, at the time of placing the order.
Payment for products ordered through Supercharged Outlaws Western Australia Merchandising and Hitman Racing can be made using PAYPAL or the Supercharged Outlaws Western Australia Merchandising and Hitman Racing bank account. Cash is accepted in person.
11. Default in Payment
If the Customer defaults in payment to Supercharged Outlaws Western Australia Merchandising and Hitman Racing, then: the Customer shall pay to Supercharged Outlaws Western Australia Merchandising and Hitman Racing, on demand, interest on any overdue money during the period of default at the rate for the time being fixed under Section 2 of the Penalty Interest Rates Act 1983. All moneys owing by the customer and/or company to Supercharged Outlaws Western Australia Merchandising and Hitman Racing shall become due and payable forthwith without demand. Supercharged Outlaws Western Australia Merchandising and Hitman Racing may at its sole and absolute discretion, suspend the provision of ay further dealings with the Customer until all amounts owing by the Customer are paid in full.
12. Liability
Supercharged Outlaws Western Australia Merchandising and Hitman Racing shall not be liable to the Customer, or to any other person whomsoever, for any loss or damage whatsoever or howsoever caused arising directly or directly in connection with the Products, other than expressly imposed by statute in terms of which it is not possible to limit or exclude liability. Supercharged Outlaws Western Australia Merchandising and Hitman Racing expressly excludes liability for consequential loss or damage including but not limited to loss of profit, business, revenue, goodwill or anticipated savings.
13. Retention of Title
The title to the Products will pass to the Customer when payment in full for the Products has been received by Supercharged Outlaws Western Australia Merchandising and Hitman Racing. Until the Customer has paid to Supercharged Outlaws Western Australia Merchandising and Hitman Racing the full purchase price:
Customer shall hold the Products as bailee for Supercharged Outlaws Western Australia Merchandising and Hitman Racing.
The Products shall be stored at the Customer's risk, and in such manner that they are readily distinguishable from other products owned by the Customer or other persons.
The Customer shall indemnify Supercharged Outlaws Western Australia Merchandising and Hitman Racing against any claim, action, proceeding, damage, loss, costs, expense or liability whatsoever, arising out of the possession, use or disposal of the Products by Supercharged Outlaws Western Australia Merchandising and Hitman Racing, or repossession or attempted repossession by Supercharged Outlaws Western Australia Merchandising and Hitman Racing.
Any sale of the Products shall be effected as bailee for Supercharged Outlaws Western Australia Merchandising and Hitman Racing, and the proceeds of such sale shall be held on trust for Supercharged Outlaws Western Australia Merchandising and Hitman Racing. The proceeds of such sales must be held in a separate account or otherwise clearly identified in the books and records of the Customer.
The Customer shall permit Supercharged Outlaws Western Australia Merchandising and Hitman Racing to inspect the Products, and the records and books of the Customer to the extent that they relate to the Products.
Reserve right of entry to inspect or recover goods owned by Supercharged Outlaws Western Australia Merchandising and Hitman Racing, wherever they are located.
In the event that the Products are not paid for in full in accordance with these "Terms and Conditions" of sale, or any other agreement between Supercharged Outlaws Western Australia Merchandising and Hitman Racing and the Customer; or the Customer commits any breach of the "Terms and Conditions" of sale or any other agreement between Supercharged Outlaws Western Australia Merchandising and Hitman Racing and the Customer; or the Customer receives notice of or reasonably believes that a third person may attempt to levy execution against the products; or the Customer makes or proposes to make an arrangement with its creditors or is placed under official management, or a petition is presented, or an application filed for the winding up of the Customer, or the Customer ceased to trade, or the Customer (being a natural person) commits an act of bankruptcy, then Supercharged Outlaws Western Australia Merchandising and Hitman Racing may, at any time, without notice to the Customer, and without prejudice to any other right which it may have against the Customer, terminate the contract and the bailment referred to above, and enter upon any premises owned or occupied by the Customer where Supercharged Outlaws Western Australia Merchandising and Hitman Racing reasonably believes the Products may be stored, and repossess the Products without being liable for any damage caused, and subsequently dispose of the Products at its discretion. In this event, the Customer ceases to be liable to Supercharged Outlaws Western Australia Merchandising and Hitman Racing for payment for the Products, if Monies are recovered in full.
Due to changing market forces and other extenuating circumstances that affect product availability, and price stability we reserve the right to withdraw any product we advertise and change prices without notice. Information contained throughout the web pages and in our database is believed to be accurate and reliable at the time of publishing. There may be misprints, human errors, and omissions. We reserve the right to make changes and corrections in prices, products, and specifications without notice.
Images displayed on this web site should be regarded as illustrative and for informational purpose only. The actual products are often not identical to the images.
Where hyperlinks (URL) are provided throughout our product pages they can be used as references only. The products we carry are often not identical to the contents contained in the links. If unsure, please contact our sales team.
15. Obligations of the Customer
As a Customer of Supercharged Outlaws Western Australia Merchandising and Hitman Racing web site, the Customer must provide current, complete, and accurate information about the Customer at all times. The Customer is entirely responsible for their account which includes confidentiality and any and all activities through using the Customer's account. Supercharged Outlaws Western Australia Merchandising and Hitman Racing will not be held responsible in any manner. On the first purchase the Customer places with Supercharged Outlaws Western Australia Merchandising and Hitman Racing, the Customer may be required to provide additional identification to Supercharged Outlaws Western Australia Merchandising and Hitman Racing to help eliminate Internet credit card fraud and to provide additional security. Supercharged Outlaws Western Australia Merchandising and Hitman Racing reserves the right to terminate a Customer's account if it is found to contain false, incomplete or inaccurate information. If any security concerns or breaches arise from the Customer, they shall report it to Supercharged Outlaws Western Australia Merchandising and Hitman Racing immediately. Supercharged Outlaws Western Australia Merchandising and Hitman Racing does not store any credit card details for any Customers. The Customer will ensure that credit card details are their sole responsibility to safe guard. Insurance is the sole responsibility of Customer. Due to fraudulent charge backs, when payment has been made by PayPal, Supercharged Outlaws Western Australia Merchandising and Hitman Racing require that items must be insured and sent using a method that has online parcel tracking. Orders which have not selected tracking and insurance when paying via PayPal or Paymate may be delayed until additional payment has been received by Supercharged Outlaws Western Australia Merchandising and Hitman Racing to cover these costs.
16. Provision of Credit
The provision of credit and/or the continued provision of credit by Supercharged Outlaws Western Australia Merchandising and Hitman Racing to the Customer from time to time, shall be at the absolute discretion of Supercharged Outlaws Western Australia Merchandising and Hitman Racing. Supercharged Outlaws Western Australia Merchandising and Hitman Racing may at its absolute discretion extend credit to the Customer; or extend and/or continue to extend credit to the Customer subject to the provision of security in a form acceptable to Supercharged Outlaws Western Australia Merchandising and Hitman Racing; or may at any time vary or cancel the credit facility available to the Customer. A Credit account must have a Guarantee in place.
17. Differences and Complaints
Subject to the provisions herein, Supercharged Outlaws Western Australia Merchandising and Hitman Racing shall not be liable in respect of any difference or complaint arising out of the "Terms and Conditions" of sale unless the Customer advises Supercharged Outlaws Western Australia Merchandising and Hitman Racing in writing of the difference or complaints not later than fourteen (14) days after the date of the occurrence of the events or circumstances on which the difference or complaint is based.
18. Trade Marks and Copyright
The trade marks, names, logos and service marks (collectively "trade marks") displayed on this web site are registered and unregistered trade marks of the their respective owners. Nothing contained on this web site should be construed as granting any license or right to use any trade mark without the prior written permission of the Trade Mark or Copyright Owner. Breaches of Copyright will be vigourously pursued through all legal avenues.
19. External Links
External links may be provided for your convenience, but they are beyond the control of the Web site Owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external web sites "Terms and Conditions" of use.
20. Warranties regarding material and information
The Web site Owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the web site, the information contained on the web site, your and/or your company's personal information or material and information transmitted over our system.
21. Disclaimer of Liability.
The Web site Owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the web site, any information contained on the web site, your or your company's personal information or material and information transmitted over our system. In particular, neither the Web site Owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
22. Waiver
The failure or neglect by Supercharged Outlaws Western Australia Merchandising and Hitman Racing to enforce or waiver the provisions hereof, shall not be constituted nor shall be deemed to be a waiver of Supercharged Outlaws Western Australia Merchandising and Hitman Racing rights hereunder, nor in any way effect the validity of the whole or any part of the "Terms and Conditions" of sale, nor prejudice Supercharged Outlaws Western Australia Merchandising and Hitman Racing right to take subsequent action.
23. Severability
In the event that any part of these "Terms and Conditions" shall be deemed invalid, unlawful or un-enforceable to any extent, such terms or conditions shall be severed from the remaining "Terms and Conditions", which shall continue to be valid and enforceable to the fullest extent permitted by law.
24. Governing Law
Supercharged Outlaws Western Australia Merchandising and Hitman Racing and the Customer agree that the "Terms and Conditions" of sale shall be governed by the laws of the State of Western Australia, Australia or, where not specifically covered by state law, the laws of The Commonwealth of Australia.
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