These terms apply to all sales of goods by Revheads to you.
1. You acknowledge that some parts sold by us are new, and others are second-hand or reconditioned.
2. You agree to take any second-hand or reconditioned parts “as is”.
3. New parts may have a manufacturer’s warranty. We will use our best endeavours to help you to obtain the benefit of a manufacturer’s warranty, but we do not guarantee that you will necessarily be successful in any claim against a manufacturer.
4. We warrant that all parts will comply with the description given to them. However, you must make your own inquiries and satisfy yourself about the suitability of any of the parts for your needs.
5. We give no warranty in respect of any damage to parts that arises from:
(a) inadequate or incorrect installation or maintenance;
(b) improper adjustment, calibration or operation;
(c) modifications;
(d) any misuse of the parts, or use or operation of the parts outside the specifications or normal operating capacity of the parts; and
(e) any default or negligence by you (or anyone you allow to deal with the parts).
6. We are not liable for normal variations in tolerance, dimensions, weight or quality of the parts.
7. The law implies certain terms, conditions and warranties (“Prescribed Terms”) into contracts for the supply of goods and services and prohibits the exclusion, restriction or modification of certain terms, conditions and warranties, but allows the Prescribed Terms to be limited in some circumstances. To the fullest extent allowed by law, we exclude those terms, however to the extent that they may not be excluded, restricted or modified, then in relation to any breach of the Prescribed Terms, we:
(a) limit our liability at our option to replacing or repairing the parts or the cost of replacing or repairing the parts; and
(b) are not liable to you or any other party for any loss or damage of any kind, including indirect or consequential losses, and our liability is not in any case greater than the price of the parts.
8. You acknowledge that, except as set out above, we give no warranty, condition, description or representation in relation to the parts,expressly or impliedly by this agreement,or outside this agreement.
Kelaway Enterprises Pty.Ltd. ABN 41 300 991 327 Trading as Revheads Performance Supplies Discount Auto Equipment