Contacts and Terms of Sale. Warranty

OEM Custom Parts is a family business. Vic and Robyn Muller are located in Ballarat, Victoria and service all Australian states. ABN 76 155 928 827

Email us details of your custom designed part and get a no obligation quote. Tell us as much as you can and include engineered drawings if you have them. No drawings? Send us lots of pictures with measurements and as much detail as you have (colour, material, function, key quality points)

The pictures and information in this website are a general guide only and OEM Custom Parts reserve the right to change specifications without notice. The purchase of any item is subject to OEM Custom Parts Terms and Conditions of Sale.

Interpretation

(1) “OEM Custom Parts" means Muller Family Trust A.B.N. 76 155 928 827 trading as OEM Custom Parts (its successors and assigns) which is the seller of the Goods;

(3) “Goods” means the products and, if any, the services sold or provided by OEM Custom Parts to the Purchaser;

(4) "GST Act" and "GST" are given the meanings referred to in a New Tax System (Goods and Services Tax) Act 1999.

(5) "PPSA" means the Personal Property Securities Act 2009 (Clth) (as amended);

(6) Nothing in these terms and conditions shall be read or applied so as to exclude, restrict or modify any condition, warranty, guarantee, right or remedy implied by law (including the Competition and Consumer Act 2010) and which by law cannot be excluded, restricted or modified.

General

2. (1) The Goods and all other products or services provided by OEM Custom Parts are provided subject to these terms and conditions. These terms and conditions and any terms and conditions incorporated herein by virtue of clause 3 hereto shall prevail over all other terms and conditions of the Purchaser or otherwise to the extent of any inconsistency.

(2) These terms and conditions may not be modified or amended without the expressed written consent of OEM Custom Parts endorsed by the Directors of Muller Family Trust.

OEM Custom Parts quotations.

3. Unless previously withdrawn, OEM Custom Parts quotations are open for acceptance within the period stated therein or, when no period is stated, with 14 days only of the date on the quote or quote e-mail. OEM Custom Parts reserves the right to refuse any order based on any quotation within 7 days of receipt of the order.

Packing

4. The cost of any special packing and packing materials used in relation to the Goods shall be at the Purchaser’s expense notwithstanding that such cost may have been omitted from any quotation.

Shortage

5. The Purchaser waives any claim for shortage of any Goods delivered if a claim in respect thereof has not been lodged with OEM Custom Parts within (7) seven days from the date of receipt of the Goods by the Purchaser.

Specifications in Catalogues, etc:

6. All specifications contained in any catalogue or advertising material, (including but not limited to: drawings, particulars of weights, volumes, capacities, dimensions, load factors) are approximate only and any deviation shall not be taken to vitiate any contract with OEM Custom Parts or form any claim against OEM Custom Parts. The descriptions, illustrations, and performances contained in catalogues, price lists and other advertising matter do not form part of the contract of sale of the Goods. Where specifications, drawings or other particulars are supplied by the Purchaser, OEM Custom Parts price is made on estimates of quantities required. Should there be any adjustments in quantities above or below the quantities estimated by OEM Custom Parts and set out in a quotation, then any such increase or decrease shall be adjusted on a unit rate basis according to unit prices set out in the quotation.

Performance, Capacities, Application Methods, Environmental Effects

7. Any performance, volumes, and/or capacity figures given by OEM Custom Parts are estimates only. OEM Custom Parts shall be under no liability for damages for failure to obtain such figures unless specifically guaranteed in writing and any such written guarantee shall be subject to the recognised tolerances applicable to such figures. The suitability of parts shall be the sole decision and responsibility of the Purchaser and the user of the Goods. OEM Custom Parts shall be under no liability for damages arising out of the use of any Goods, nor for any application, nor for the application methods nor for the environmental effects, which may result from the use of the Goods.

Delivery/Service Times

8. The delivery times and service times made known to the Purchaser are estimates only and OEM Custom Parts shall not be liable for late delivery, non-delivery or delay and under no circumstances shall OEM Custom Parts be liable for any loss, damage or delay occasioned by the Purchaser or its customers arising from the late or non-delivery or late installation of the Goods.

Loss or damage in transit

9. OEM Custom Parts is not responsible for any loss or damage to Goods in transit after despatch from the Ballarat warehouse. OEM Custom Parts shall render the Purchaser such assistance as may be necessary to press claims on carriers provided that the Purchaser shall have notified OEM Custom Parts and the carriers immediately the loss or damage is discovered on receipt of Goods and shall lodge a claim on the carrier within three days of the date of receipt of the Goods. Insurance of Goods in transit is the responsibility of the Purchaser.

Limit of Liability

10. (1) OEM Custom Parts liability for Goods sourced and/or supplied by it is limited to:

(a) where the law implies consumer guarantees into these terms and conditions pursuant to Part 3.2 Division 1 of Schedule 2 to the Competition and Consumer Act 2010 (C’th”) (“consumer guarantees”) which cannot be excluded and OEM Custom Parts breaches a consumer guarantee, the loss and damage the Purchaser is entitled to at law which cannot be excluded by these terms and conditions; and, in all other cases

(b) making good any defects by repairing the same or at OEM Custom Parts option by replacement within a period not exceeding six calendar months, after the Goods have been dispatched provided that:

(i) the defects have arisen solely from faulty materials or workmanship;

(ii) the Goods have not received maltreatment inattention or interference;

(iii) accessories of any kind used by the Purchaser are manufactured or approved by OEM Custom Parts;

(iv) where applicable, the seals on the Goods remain unbroken;

(v) there has been no improper adjustment, calibration or operation;

(vi) the use of accessories including consumables, hardware or software (not sourced and/or supplied by OEM Custom Parts) has been approved in writing by OEM Custom Parts;

(vii) no contamination or leakage has been caused or induced;

(viii) any modification to the Goods have been authorised in writing by OEM Custom Parts;

(ix) there has been no inadequate or incorrect use, storage, handling or application of the Goods;

(x) there has been no use or operation of the Goods outside of the physical, electrical or environmental specifications of the Goods;

(xi) there has been no inadequate or incorrect site preparations;

(xii) there has been no inadequate or improper maintenance of the Goods;

(xiii) it has not been caused by fair wear and tear; and

(xiv) firstly the Goods have been thoroughly inspected and any damage (from whatever cause) to the Goods (and in particular – the structure, welding, seams, bolts) has been repaired prior to the Goods being operated; and

(xv) there has been no failure to comply with the requirements of all present or future laws or regulations relating to the Goods and/or the use and/or the operation of the Goods; and

(xvi) the defective Goods or any damaged part of the Goods are promptly returned free of cost to OEM Custom Parts or a representative of OEM Custom Parts;

(xviii) all warranty related repairs have been carried out with the prior authorisation of OEM Custom Parts;

(2) OEM Custom Parts will not accept liability for damage attributed to fair wear and tear.

(3) OEM Custom Parts shall not be liable for and the Purchaser releases OEM Custom Parts from any claims in respect of faulty or defective design of any Goods sourced and/or supplied unless such a design has been wholly prepared by OEM Custom Parts and the responsibility for any claim has been specifically accepted by OEM Custom Parts in writing and in any event OEM Custom Parts liability hereunder shall be strictly limited to the replacement of defective parts provided always that this clause does not seek to exclude the consumer guarantees;

(4) Except as provided herein, all express and implied warranties, guarantees and conditions under statute or general law as to the merchantability, description, quality, suitability or fitness of the Goods for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are hereby expressly excluded and OEM Custom Parts shall not be liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply, layout, assembly, installation or operation of the Goods or arising out of OEM Custom Parts negligence or in any other way whatsoever;

(5) The benefit of any warranty provided under these terms and conditions shall only be available to the Purchaser and shall not be transferable by the Purchaser;

11. OEM Custom Parts liability for breach of a consumer guarantee is hereby limited (in the case of goods and services not used for personal, domestic or household purposes) to:

(1) in the case of Goods, any one or more of the following, limited to the original invoice value of the goods.

(a) the replacement of the Goods or the supply of equivalent Goods;

(b) the repair of the Goods;

(d) the payment of having the Goods repaired; or

(2) in the case of services, limited to the original invoice value of the servces.

(a) the supplying of the services again; or

(b) the payment of the cost of having the services supplied again.

Prices

12. (1) Unless otherwise stated in writing by OEM Custom Parts, all prices quoted are exclusive of GST. Prices quoted are those ruling at the time of quotation or the date the price is given and are based on rates of freight, insurance, customs, duties, taxes, exchange, shipping expenses, sorting and stacking charges, cartage, cost of materials and other charges affecting the cost of production ruling on that date and any alterations thereto either before acceptance of or during currency of the contract shall be to the Purchaser’s account.

(2) For the purpose of 38-185 of the GST Act, the day upon which the seller gives the invoice for the supply shall be the date of the invoice.

Interest on overdue payments

13. If OEM Custom Parts is not paid for any Goods or services on the due date specified in this agreement without prejudice to any other right or remedy, all outstanding money shall bear interest at the rate set, pursuant to the Penalty Interest Rates Act, Victoria, 1986, as such money, together with interest shall be recoverable forthwith from the Purchaser.

Rights in relation to Goods.

14. Title to the Goods supplied by OEM Custom Parts to the Purchaser shall remain with OEM Custom Parts until the total amount due in respect of the Goods and all monies owing to OEM Custom Parts have been paid in full (the "Debts"). Risk in the Goods shall pass to the Purchaser upon despatch of the goods from the Ballarat warehouse.

Purchasers property

15. Any property of the Purchaser under OEM Custom Parts custody or control on request by the purchaser, shall be entirely at the Purchaser’s risk as regards loss or damage caused to the property or by it.

Storage

16. OEM Custom Parts reserves the right to make a reasonable charge for storage if delivery instructions are not provided by the Purchaser within (14) fourteen days of a request by OEM Custom Parts for such information.

Returned Goods

17. OEM Custom Parts shall not be under any obligation to accept Goods returned by the Purchaser and will do so only on terms to be agreed in writing in each individual case.

Goods sold

18. All Goods to be sourced and/or supplied by OEM Custom Parts shall be described on the purchase order agreed by OEM Custom Parts and the Purchaser and the description on such purchase order modified as so agreed shall prevail over other descriptions including any Purchaser’s specification or enquiry.

Cancellation

19. No order may be cancelled except with the consent in writing and on terms, which will indemnify OEM Custom Parts against all losses.

No waiver

20. The failure of any party to enforce the provisions of these terms and conditions or to exercise any rights expressed in these terms and conditions shall not be a waiver of such provisions or rights and shall not affect the enforcement of this agreement. The exercise by any party of any of its rights expressed in this agreement shall not preclude or prejudice such party from exercising the same or any other rights it may have irrespective of any previous action taken by that party.

Force Majeure

21. If by reason of any fact, circumstance, matter or thing beyond the reasonable control of OEM Custom Parts is unable to perform in whole or in part any obligation under these terms and conditions then OEM Custom Parts shall be relieved of that obligation under these terms and conditions to the extent and for the period that it is so unable to perform and shall not be liable to the Purchaser in respect of such inability.

Passing of risk

22. Risk in the Goods shall pass to the Purchaser upon despatch of the Goods to the Purchaser from the Ballarat warehouse or on collection of the Goods by the Purchaser’s agent or carrier as the case may be.

Exclusion of liability

23. To the extent permitted by law OEM Custom Parts shall not be liable to the Purchaser in contract or in tort arising out of, or in connection with, or relating to, the performance of the Goods or any breach of these conditions or any fact, matter or thing relating to the Goods or error (whether or not it is negligent or a breach of contract) in information supplied to the Purchaser or a user before or after the date of the Purchaser’s or user’s use of the Goods and OEM Custom Parts shall be under no liability for damages arising out of any application, not for the application methods nor for the environmental effects, which may result there from or from the use of the Goods.

Exclusion of representations and arrangements

42. To the extent permitted by law the 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 part thereof including, but without limiting the generality of the foregoing, those relating to the performance of the Goods or any part thereof or the results that ought to be expected from using the Goods.

Place of contract

25. The contract for sale of the Goods and the provision of the services is made in the State of Victoria and the Purchaser agrees to submit all disputes arising with OEM Custom Parts to the courts of such State and any court competent to hear appeals therefrom.