Terms & Conditions

Definitions

  1. “Confidential Information” includes all information deemed confidential regardless of its format, such as this agreement, each party’s intellectual property, operational facts, expertise, trade secrets, financial and commercial matters, contracts, and client details including personal data like names, addresses, birth dates, employment details, driver’s licence numbers, electronic contacts, medical insurance, kin details, credit histories, and pricing.
  2. “Contract” refers to these terms, conditions, and any associated documents, amendments, or agreements intended to supplement this Contract.
  3. “Cookies” are small data files stored on a user’s device, holding information specific to the user and website. Customers may control the use of Cookies on Bitubo Australia’s website as outlined on the site.
  4. “Customer” represents any individual, entity, or authorised person engaging Bitubo Australia for services or goods, bound by these terms individually or collectively, including in the case of partnerships, trusts, and their successors or assigns.
  5. “Goods” means all products or services provided by Bitubo Australia to the Customer upon request.
  6. “GST” refers to the Goods and Services Tax as defined in the “A New Tax System (Goods and Services Tax) Act 1999” (Cth).
  7. “Bitubo Australia” denotes Motologic Chassis and Suspension Solutions trading as Bitubo Australia, including its successors, assigns, and authorised representatives.
  8. “Price” is the amount agreed upon for the Goods, inclusive of GST where applicable.

Acceptance

  1. Acknowledgement and binding effect: Parties confirm understanding and acceptance of these terms upon placing an order or accepting delivery of Goods.
  2. Integration with Website Terms: These conditions complement those on Bitubo Australia’s website, with precedence given to this Contract in case of inconsistency.
  3. Amendments: Changes to this Contract must be in writing and mutually agreed upon.
  4. Credit and Purchases: Goods supplied on credit are contingent upon approved credit applications. Unauthorised purchases on the Customer’s account remain the Customer’s responsibility. Notification of account user changes is required to bind orders to the Customer.
  5. Substitution and Availability: Bitubo Australia reserves the right to substitute or withhold delivery of unavailable Goods, subject to customer notification and agreement.
  6. Advice and Recommendations: Bitubo Australia provides advice based on its knowledge without liability, requiring written authorization to commence services.
  7. Representation: Only authorised statements by Bitubo Australia’s manager are binding.
  8. Electronic Transactions: Electronic signatures are accepted following relevant electronic transaction laws.

Reseller Conditions

  1. Reseller restrictions: Without authorization, Customers cannot resell or purport to act on behalf of Bitubo Australia.
  2. Online Sales Approval: Only approved Resellers may sell Goods online, subject to Bitubo Australia’s discretion.
  3. Resale Conditions: Goods must be sold at retail level, in approved locations, with prior consent for mail order or internet sales, ensuring brand representation.
  4. Consequences for Breach: Non-compliance may result in account closure and immediate payment demand.

Errors and Omissions

  1. Liability Exclusion: Bitubo Australia is not liable for any errors or omissions in contract administration or informational literature.
  2. Customer Responsibility: Customers bear the responsibility for accurate order details, with Bitubo Australia retaining discretion over handling Customer Errors.

Notice of Change

Customers must notify Bitubo Australia of any significant changes affecting the Contract, with liability for unnotified changes.

Pricing and Payment

  1. Price Determination: The Price is based on Bitubo Australia’s discretion, subject to changes for variations or costs beyond Bitubo Australia’s control.
  2. Payment Terms: Payment timing is essential, with various acceptable payment methods. Disputed invoice parts do not affect the obligation to pay the undisputed part.
  3. GST and Additional Charges: Prices include GST and other applicable taxes unless stated otherwise.

Delivery

  1. Terms of Delivery: Delivery occurs upon possession transfer to the Customer or their carrier, with costs and terms specified by Bitubo Australia.
  2. Partial Deliveries: Bitubo Australia may deliver in instalments, invoiced and paid for as per these terms.
  3. Late Delivery: Bitubo Australia is not liable for delays, striving to meet delivery schedules.

Consignment Goods

Specific terms apply to consignment goods, including risk assumption, payment obligations for sold goods, and Bitubo Australia’s rights to recall or inspect.

Risk and Title

Risk transfers to the Customer upon Delivery, with title retention until full payment. Specific provisions apply to handling, storage, and sale of Goods under retention of title.

Access for Delivery

The Customer must ensure Bitubo Australia has clear and unrestricted access to facilitate Delivery of Goods. Bitubo Australia is not responsible for any site damage unless due to negligence.

Compliance with Laws

Both parties commit to adhering to all applicable laws, regulations, and bylaws affecting the Goods/Services provided under this Contract.

Ownership of Goods

  1. Ownership of the Goods remains with Bitubo Australia until full payment and fulfilment of all Customer obligations.
  2. Until ownership transfers, the Customer is a custodian of the Goods, bound to maintain their condition and not to encumber them.

Personal Property Securities Act 2009 (PPSA)

  1. This Contract acts as a security agreement under the PPSA, securing all Goods supplied by Bitubo Australia.
  2. The Customer undertakes to cooperate for the purposes of securing Bitubo Australia’s interests, including any necessary registrations or information provisions.

Security and Charge

  1. The Customer grants a security interest over all assets to secure the repayment of any debts to Bitubo Australia.
  2. The Customer indemnifies Bitubo Australia for any costs incurred in enforcing these rights.

Defects, Warranties, Returns, and Consumer Rights

  1. Inspection and notification of defects by the Customer are required within specific timeframes.
  2. Bitubo Australia acknowledges statutory guarantees and warranties but limits liability to replacement, repair, or refund where applicable.
  3. Returns are conditional upon prior compliance with these terms and specific exclusions apply to normal wear and tear and misuse.

Intellectual Property

  1. Designs and documents created by Bitubo Australia remain its property. The Customer must not use these without consent.
  2. The Customer assures any provided designs do not infringe on third-party intellectual property rights.

Confidentiality

Both parties agree to maintain the confidentiality of information shared during the course of the Contract, not disclosing without written consent, except as required by law.

Default and Consequences

  1. Interest accrues on overdue invoices. Bitubo Australia may incur recovery costs and legal fees, for which the Customer is responsible.
  2. Specific actions may trigger immediate payment demands or other remedies by Bitubo Australia.

Cancellation

  1. Breach of obligations allows either party to terminate the Contract with immediate effect.
  2. Bitubo Australia may cancel delivery for reasons beyond control, with a refund to the Customer for any payments made.
  3. The Customer has a limited period to cancel orders without penalty, except for custom or non-stock items.

Privacy Policy

Bitubo Australia commits to handling personal information in compliance with the Privacy Act and relevant data protection laws, detailing rights and obligations regarding information collection, use, and disclosure.

Unpaid Seller’s Rights

Bitubo Australia retains a lien over items left for service until all charges are paid. The right to sell unclaimed goods is reserved under applicable laws.

Service of Notices

Notices must be given through specified means to be considered validly served, with assumptions around postal delivery times.

Trusts

If the Customer is a trustee, they bind the trust as well as themselves to this Contract, ensuring their right of indemnity is not compromised.

General

  1. Disputes should first seek resolution through mediation.
  2. The provisions of this Contract are severable, ensuring overall enforceability.
  3. Jurisdiction and governing laws are specified, along with the capacity for Bitubo Australia to licence or assign its obligations or rights.
  4. The document outlines how amendments can be made to these terms for future transactions.
  5. Force Majeure: Neither party is liable for inability to perform obligations due to events beyond reasonable control, except the Customer’s obligation to pay.
  6. The document confirms the entirety of the agreement, emphasising the binding nature of these terms and conditions on both parties.