AND CONDITIONS OF TRADING AGREEMENT
These terms together with any specifications attached to this document,
if any, constitute the entire contract ("the Contract")
entered into between horsepowerinabox.com ABN 96 108 737 453 (hereinafter
called " HPIAB") and the Purchaser to the exclusion of
all other terms, conditions, representations or warranties howsoever
expressed or implied including any Purchaser's condition of order.
No course of prior dealings between HPIAB and the Purchaser and
no usage of trade shall be relevant to supplement or explain any
The Contract cannot be varied except in writing signed by a duly
authorised officer of HPIAB save that HPIAB may vary these terms
by notifying the Purchaser in writing by post, facsimile or by email.
Car and Engine modifications can cause injury and death, use this
website, the Products and advice at your own risk.
1. PRICE AND PRICE VARIATION
1.1 The prices quoted in our price lists and advertising literature
are for guidance only. Unless otherwise agreed in writing, the contract
price of the Products will be as stated in our price list(s) current
on the day of delivery of the Products.
1.2 Prices do not include any delivery charges.
1.3 All Products are in Australian Dollars.
1.4 All prices quoted are subject to change without notice.
1.5 All Products are sold subject to goods & services tax (GST)
unless the Products are classified as GST exempt.
1.6 HPIAB are not liable for any local taxes and duties for Products
2.1 HPIAB shall deliver the Products to the address stated in the
order or as agreed by HPIAB in writing. HPIAB shall deliver the
Products by such carrier and such form of transport HPIAB consider
to be appropriate. Where the Purchaser specifies the carrier and
the means of carriage, HPIAB shall deliver the Products in the way
2.2 The cost of carriage is an additional charge to the invoiced
price of the Products.
2.3 Products in transit are not insured by HPIAB unless a specific
agreement to do so is made in writing. Insurance on freight is offered
as an option in the "freight upgrade" section.
2.4 HPIAB will not be responsible for any part delivery or delay
in delivery of the Products as a result of events occurring beyond
HPIAB’s control. HPIAB shall not be in any way responsible
for any consequences (direct or indirect) arising from such delay
2.5 Time shall not be of the essence of this Contract. Delivery
dates are estimated in good faith by HPIAB.
2.6 It is strongly recommended by HPIAB that the Purchaser should
have all Products purchased insured.
3.1 The Purchaser warrants that the Products will be used solely
for the purpose the Products were intended and fixed to vehicles
only by qualified persons having the specific care and skill required.
3.2 HPIAB make no warranty or guarantee on the performance of Products
or the fitness for a particular purpose.
3.3 Except as now provided or as required by mandatory operation
of law, all conditions or warranties express or implied in respect
of the Products are hereby excluded.
4.1 The Products shall be at the Purchaser's risk from the time
and place of departure from HPIAB.
4.2 It is the Purchaser's responsibility when ordering to ensure
that the Products ordered conform to the Purchaser's requirements.
4.3 The Purchaser shall pay all return freight and incidental expenses
for the return of Products regardless of the reason for such return.
4.4 Subject to mandatory operation of law, under no circumstances
will HPIAB accept the return of custom produced equipment, or equipment
of non standard type specifically ordered.
5.1 Where legislation, including without limitation the Trade Practices
Act 1974 and equivalent State or Territory legislation, permits
HPIAB to limit its liability for a breach of any non-excludable
condition or warranty, then HPIAB’s liability is limited (at
HPIAB’s option) to replacement of the Products, the supply
of equivalent Products, payment of the cost of replacing the Products
or the cost of supplying equivalent Products or the repair, or payment
of the cost of repair, of the Products.
5.2 Except where required by mandatory operation of law, HPIAB shall
not be liable to the Purchaser for any personal injury, indirect,
special or consequential loss or damage (including without limitation
loss of profits, loss of opportunity or business interruption) suffered
by the Purchaser or any other person howsoever caused by the Products
or the use thereof.
5.3 The Purchaser assumes all risks and liabilities for consequences
arising from the use of the Products whether singly or in combination
with other products and indemnifies HPIAB in respect of any such
5.4 The Purchaser shall indemnify HPIAB against any claims made
against HPIAB by any third party in respect of any such loss, damage,
death or injury as in the preceding clause and the Purchaser further
agrees to indemnify HPIAB against all losses and expenses which
HPIAB may suffer or incur due to the failure of the Purchaser to
fully observe its obligations under the Contract.
5.5 Written notice of a claim must be given by the Purchaser to
HPIAB within three (3) calendar months of a claim arising. Failure
to comply will, to the extent permitted by law, prevent any later
notice being given or the claim being pursued by the Purchaser.
5.6 The provisions of this clause 5 apply even if HPIAB have been
6. PLANS, DRAWINGS AND SPECIFICATIONS
6.1 All plans, illustrations, drawings and specifications supplied
by, or on behalf of, HPIAB to the Purchaser remain the absolute
property of Horse Power and copyright in such materials, if any,
shall vest at all times in Horse Power. The Purchaser may not use,
reproduce or communicate the contents of such material to any third
party unless authorised by HPIAB in writing to do so.
6.2 All descriptive literature, specifications, drawings, dimensions
and weights displayed are approximate only and the descriptions,
illustrations and data contained in any advertising material while
being as accurate as possible may not necessarily be identical with
Products supplied, and HPIAB reserves the right to supply Products
that have minor modifications in design and specification including
model, colour or shape.
6.3 All modifications planned to be made to any vehicle using a
Product is at the Purchasers own risk. The Purchaser should check
with the relevant authorities to determine whether or not the vehicle
will be legal to drive on public roads if it is intended to be used
for that purpose.
6.4 Certain modifications to vehicles can void partially or totally
a current vehicle warranty. Check with the vehicle manufacturer
before modifying the vehicle to ascertain whether or not the modifications
planned will affect warranty.
6.5 Obey all traffic laws.
Any covenant or agreement contained in the Contract or a whole clause
or part of a clause which is invalid, unlawful, void or unenforceable
shall be capable of severance without affecting any other covenant
8. PROPER LAW
The Contract shall be governed by the laws of the State of South
Australia and the Commonwealth of Australia and the Courts situate
in South Australia shall have jurisdiction over any dispute arising
9. OUT OF STOCK POLICY
9.1 Orders accepted by HPIAB are with the understanding that Products
are in stock and available for immediate shipping. Any orders accpeted
by Horse Power where the Products are unavailable for a reasonable
period of time, and will delay delivery, the customer will be notified
and the following options provided;
9.1.1 refund of moneys paid to HPIAB, or
9.1.2 continue with the Order, with an amended delivery date.
10. REFUND POLICY
10.1 Money Back Guarantee:-
HPIAB makes every effort to ensure its customers are 100% satisfied
and so offer a money back guarantee subject to the following conditions;
10.1.1 The Product is unused and the packing unopened and in original
10.1.2 The Product is undamaged, and in as new condition.
10.1.3 The Product is returned to HPIAB warehouse at the cost of
the Purchaser, within 7 days from receipt of Products by the Purchaser.
Products returned after this 7 day period WILL be subject to a 15%
handling fee (subject to HPIAB approval for the return. HPIAB reserve
the right to refuse a refund after the 7 day period).
10.2 This offer excludes specially ordered and custom made items.
10.3 A refund will be made or credit given (at the discretion of
HPIAB) on another item to the value of the Product less $20 to cover
freight and handling expenses.
11. FAULTY, WARRANTY OR DAMAGED PRODUCTS
Receipt of a faulty or incorrect Product must be notified to HPIAB
within 24 hours of receipt. Any Product warranty issues must be
Note:- This on-line shop is operated by horsepowerinabox.com ABN
32 921 636 156 and may be contacted on +61 414 780 830 or (08) 8463
For inquiries about orders or refunds E-mail firstname.lastname@example.org
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