Drew Price Engineering's Karting Products Catalogue 2nd Edition

8.3 If the Dealer wishes to return goods to DPE where it has no entitlement to make a claim against DPE in respect of those goods, DPE shall not be obliged to accept the
return of those goods, but if it elects to do so, the Dealer’s account shall be credited with an amount equal to ninety percent of the price at which the goods were
sold to the Dealer.
8.4 If any goods supplied pursuant to this agreement are supplied to the Dealer as a ‘consumer’ of goods or services within the meaning of that term in the Trade Practices
Act 1974 as amended or similar State legislation the dealer will have the benefit of certain non-excludable rights and remedies in respect of the products or services
and nothing in these terms and conditions excludes or restricts or modifies any condition, warranty, right or remedy which pursuant to the Trade Practices Act or
similar Legislation is so conferred. However, if the product is a product not ordinarily acquired for personal, domestic or household use or consumption pursuant to
s68A of the Trade Practices Act and similar provisions of relevant State legislation, DPE limits its liability to payment of an amount equal to the lowest of:
(a) The cost of replacing the goods
(b) The cost of repair of the goods
(c) The cost of having the goods repaired or replaced
8.5 Under no circumstances will DPE, and it’s directors, officers, employees and associated companies, be liable to the Dealer for indirect, consequential or economic loss
or loss of profits howsoever arising.
9. Exclusion of Implied Conditions & Warranties
9.1 The only conditions and warranties which are binding on DPE in respect of the state, quality or condition of the goods supplied by it to the Dealer are those imposed
and required to be binding by statute (including the Trade Practices Act 1974) and to the extent permitted thereby, the liability, if any, of DPE arising from the breach
of such condition or warranties shall at DPE’s option be limited to and completely discharged by either the supply by DPE of equivalent goods or the replacement by
DPE of the goods supplied to the Dealer and otherwise all other conditions and warranties in respect of the state, quality or condition of the goods supplied by DPE
to the Dealer are hereby expressly excluded and negatived.
The Dealer also acknowledges that:-
(a) Prior to taking delivery of the goods, the buyer conducted a thorough examination of the goods : and –
(b) No warranty, condition, description or representation in relation to the goods is given by the seller, expressly or implied by this agreement or outside this agreement.
(c) All warranties, terms and conditions in relation to the state, quality or fitness of the goods and of every other kind whether expressed or implied by use, statute
or otherwise is excluded.
9.2 Except as to the extent provided in this clause 9, DPE and it’s directors, officers, employees and associated companies, shall have no liability (including liability in
negligence) to any person for any loss or damage, consequential or otherwise, howsoever suffered or incurred by any such person in relation to the goods sold by DPE
to the Dealer, and without limiting the generality thereof, any loss or damage consequential or otherwise howsoever suffered or incurred by any such person caused
by or resulting directly or indirectly from any failure, defect or deficiency of whatsoever nature or kind of or in the goods or associated with delayed delivery.
9.3 The Dealer hereby indemnifies DPE and it’s directors, officers, employees and associated companies, and shall keep DPE and it’s directors, officers, employees and
associated companies, indemnified (to the extent permissible by law) in respect of any loss or damage consequential or otherwise howsoever suffered or incurred by
any person caused by or resulting directly or indirectly from any failure, defect or deficiency of whatsoever nature or kind of or in the goods.
10. Dealer Changes
10.1 The Dealer acknowledges :-
(a) that if it changes the entity under which it trades, it shall be its responsibility to notify DPE of such change and to separately negotiate conditions of sale under
which the new entity may commence trading with DPE;
(b) that until a new trading arrangement with the new entity has been negotiated and accepted by DPE in writing:-
(i) the Dealer named herein shall remain liable for payment to DPE for all goods ordered or purchased by such new entity;
(ii) it shall not be open for the Dealer to raise as a defence in any proceeding commenced by DPE for the recovery of such sums owing to DPE under these terms
and conditions of sale that the debt was incurred by a person other than the Dealer.
10.2 The Dealer shall notify DPE of any change in the composition of its directors, shareholders, partners or principals within 14 days of such change taking effect. Upon
receipt of such advice, DPE may require at its discretion any new director, shareholder, partner or principal of the Dealer to execute a personal guarantee and indemnity
in respect of the Dealer’s obligations hereunder.
10.3 The Dealer shall notify DPE of any change in its address not later than 7 days prior to such change occurring.
11. Unauthorised Purchases
The Dealer acknowledges :-
11.1 that it is not possible for DPE to ascertain whether a person seeking to purchase goods from DPE on credit has the authority of the Dealer to do so;
11.2 that it shall remain liable to pay for any unauthorised purchases;
11.3 that it is prepared to take the risk that it may become liable for purchases made by an unauthorised person;
11.4 that it is aware that it can insure against such a risk.
The Dealer warrants to DPE that it shall take reasonable steps to ensure that unauthorised persons are prevented from making unauthorised purchases and agrees to
indemnify DPE and keep DPE indemnified against all and every loss that DPE may sustain as a result of any unauthorised purchase.
12. Waiver
No waiver by DPE of any breach of these terms and conditions of sale shall operate as a waiver of another breach of the same or any other terms and conditions of sale
and the doing and/or omission of any act, matter or thing by DPE, its servants or agents (which, but for this clause ought or might amount to a waiver of DPE’s rights in
respect of any such breach or default) shall not operate nor be deemed to be a waiver in any way of DPE’s rights and powers in respect of such breach or default, any rule
of law or equity to the contrary notwithstanding.
13. Privacy Act Authority
For the purposes of assessing the credit worthiness of the Dealer or the guarantors from time to time and the collection of payments, the Dealer and/or the guarantors hereby
irrevocably authorise DPE, its servants and agents to make such enquiries as they may deem necessary including, but not limited to, making enquiries with and obtaining
reports (as may be allowed by law) from persons nominated by the Dealer as trade referees, the Dealer’s creditors, bankers and financiers, credit providers, mortgage and
trade insurers and credit report agencies (hereinafter call “the Information Sources”) and the Dealer and/or the guarantors agree and consent to the Information Sources
providing to DPE such information as is requested by DPE and permitted to be given by law for the aforesaid purposes. The Dealer also consents to DPE disclosing the
contents of any credit report or personal information to a credit reporting agency for the purpose of that credit reporting agency creating or adding to any credit information
filed in relation to the Dealer.
14. These terms and conditions supersede and exclude all prior and other discussions, representations, (contractual or otherwise) and arrangements relating to the supply
of the goods or any of the goods including, but without limiting the generality of the foregoing, those relating to the performance of the goods or any part of the goods
or the result that ought to be expected from using the goods.
Drew Price Engineering Pty Ltd 57-59 Nantilla Road, Clayton North, Victoria 3168 Australia Postal Address: PO Box 4105, Mulgrave, Victoria 3170 Australia
Ph: (03) 9545 3944 Fax: (03) 9545 3743 (International, Ph: +61 3 9545 3944 Fax: +61 3 9545 3743) FreeCall Sales Fax No. (within Australia only) 1800 670 735
ABN 92 059 150 693 Web site: www.dpeng.com.au Email: karts@dpeng.com.au
93