Terms & Conditions

Your privacy is important, so we have created the following Privacy and Security Policy to let you know what information we collect when you visit our web site, why we collect it, and how it is used.

Terms of Web Site Use and Disclaimer

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING THIS WEB SITE (this "SITE"). By accessing or using this site, you agree to these terms of use. If you do not agree to these terms you may not use this site.

Disclaimer

The information, services, products, and materials contained in this site, including, without limitation, text, graphics, and links, are provided on an "as is" basis with no warranty. To the maximum extent permitted by the law, the company disclaims all representations and warranties, express or implied, with respect to such information, services, products, and materials, including but not limited to warranties of merchantability, fitness for a particular purpose, title, noninfringement, freedom from computer virus, and implied, warranties arising from course of dealing or course of performance. In addition, the company does not represent or warrant that the information accessible via this site is accurate, complete or current. Price and availability information is subject to change without notice.

Payment

Goods must be paid for before they are delivered to the customer. 

Receipt of a cheque, bill of exchange or other negotiable instrument or electronic payment shall not be deemed to be payment if the negotiable instrument or electronic payment is dishonoured, cancelled or invalidated.

Security Interest and Contracting Out of the PPSA

The Wearparts Depot retains title to goods (including goods paid for) supplied by it to the customer and their proceeds until all goods supplied to date are paid for in full (i.e the customer has a nil or credit balance with The Wearparts Depot). As soon as and from such time that all goods supplied to date are paid for in full, the customer shall own all such goods and remain the owner notwithstanding further supply and The Wearparts Depot retention of title shall apply only to goods supplied after such full payment until the customer again pays in full for all goods supplied to date (i.e. until the customer again has a nil or credit balance with The Wearparts Depot). In addition, the customer grants to The Wearparts Depot a security interest in all of the customer’s present and after-acquired property (including goods as defined) as security for the customer’s debt and obligations and for the avoidance of doubt this sentence applies to goods supplied in future and to “future advances” as that expression is defined in the PPSA. Section 96(1) of the Property Law Act 2007 applies only to the extent that it is not contradicted by these terms.

The Wearparts Depot may allocate or re-allocate amounts received from the customer to any debt of the customer in any manner it determines, notwithstanding any purported allocation by the customer.

Seizure and Sale. If after any due date money remains owing to The Wearparts Depot or any other obligation unsatisfied, The Wearparts Depot and its agents (acting as the customer’s agent) may enter (if necessary by force) the customer’s premises or the place where the goods are and seize the goods and to dispose of them as The Wearparts Depot sees fit and to apply any proceeds or the value of the goods at the time of seizure towards the debt or the cost of satisfying the obligation. The customer hereby irrevocably authorises The Wearparts Depot or The Wearparts Depot agents to enter the premises of the customer to locate and seize the goods and, if necessary, to use the customer’s equipment to lift and transport any goods as part of location and seizure. The customer will indemnify The Wearparts Depot against any claim from any other party for damage caused during such entry or seizure and the customer has no claim whatsoever against The Wearparts Depot for such damage. The customer waives the right to receive a copy of the verification statement confirming registration of a financing statement relating to any security interest under this contract and further waives its rights under sections 116, 121, 125, 129, and 131 of the PPSA and further agrees that nothing in sections 114(1)(a), 133 & 134 of that Act shall apply to this contract or the security under it.

The customer must give The Wearparts Depot not less than 14 days prior written notice of any proposed change in any of the customer information provided to The Wearparts Depot including trading or other name, address, phone or fax numbers and email address(es).

Warranties

This contract assumes that goods are acquired by the customer for business purposes. If they are so acquired or if the customer has held itself out as acquiring the goods for business purposes, the customer agrees that the Consumer Guarantees Act 1993 (“the CGA”) does not apply. If the customer sells or otherwise disposes of any goods then it shall be a term of the sale or disposition contract that the CGA does not apply if the goods are being acquired for or if the buyer holds itself out as acquiring the goods for business purposes. The customer indemnifies The Wearparts Depot against any liability or cost incurred by The Wearparts Depot under the CGA as a result of any breach by the customer of the obligations contained in this or the customer’s sale contract.

On the basis that the CGA does not apply:

(a) If The Wearparts Depot supplies defective goods or goods which do not comply with specification Wearparts shall repair or replace the defective or non-complying goods or refund the price but The Wearparts Depot may decide which.;

(b) The customer may only reject defective or non-complying goods if the customer notifies The Wearparts Depot in writing within 365 working days following delivery, including the relevant The Wearparts Depot invoice number and The Wearparts Depot is given the opportunity to inspect the goods before return

(c) If a customer makes any claim against The Wearparts Depot, including without limitation any claim relating to or arising from any conditions, warranties, descriptions or other representations as to fitness or suitability for any purpose, merchantability or otherwise, whether express

Credit Card Payment Security

The Wearparts Depot uses Payment Express PxPay 2.0 as the payment gateway. This service uses a 168bit encrypted tunnel to communicate with the Payment Express Host. No credit card information is stored.

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