Terms and Conditions

Lovells Special Products Online Store

Warranty, Terms & Conditions of Sale (Version 2019-1)

Please note that all orders accepted by and goods supplied by LOVELLS SPECIAL PRODUCTS are subject to the standard Terms & Conditions of Sale as published from time to time by the Company. The following conditions of Warranty and Returns are also applicable.

Any modification to Terms / Conditions, Warranty or Returns will only be recognised if specifically agreed to and in writing by LOVELLS SPECIAL PRODUCTS.

1. 1. Interpretation

In these Terms and Conditions of Sale (“Terms”), “Goods” means the goods subject of the Contract; LOVELLS SPECIAL PRODUCTS means the entity selling the Goods; “Buyer” means the entity purchasing the Goods; “Contract” means each contract between LOVELLS SPECIAL PRODUCTS and the Buyer for the sale and purchase of the Goods and “order” includes “offer”.

2. 2. Terms and Conditions

The only terms of the Contract are those agreed to in writing by LOVELLS SPECIAL PRODUCTS. These Terms (to the extent they are not inconsistent with terms agreed to in writing by LOVELLS SPECIAL PRODUCTS) and those which are implied or imposed by law (including the Trade Practices Act 1974) to the extent that it is not lawful or possible to exclude them.

All other terms, conditions and warranties are expressly excluded. If a conflict arises between the terms of any order made by Buyer and these Terms, these Terms will prevail.

An agreement to deliver the Goods in instalments is taken to be a separate Contract for each instalment. These Terms and each Contract including them are governed by the laws of New South Wales and LOVELLS SPECIAL PRODUCTS and Buyer submit to the jurisdiction of the courts of that State. If a term is held to be unenforceable, the remaining terms will apply.

3. 3. Quotations and Orders

Any quotation made by LOVELLS SPECIAL PRODUCTS will not be construed or operated as an offer or obligation to sell. LOVELLS SPECIAL PRODUCTS reserves the right to accept or reject in its absolute discretion any order received by it. Buyer will not be entitled to cancel or refuse delivery of, or payment for, any order made by it which has been accepted by LOVELLS SPECIAL PRODUCTS.

4. 4. Price

The price payable to LOVELLS SPECIAL PRODUCTS by Buyer for the Goods will be the price agreed; failing it will be the price prevailing at the date the Goods are dispatched by

LOVELLS SPECIAL PRODUCTS for the delivery to Buyer. Prices are payable in Australian currency (AUD) and exclusive of delivery costs, taxes, duties and other imposts which, if changeable, are payable by Buyer. Prices quoted in any LOVELLS SPECIAL PRODUCTS pricelist are suggested prices only and may be changed by LOVELLS SPECIAL PRODUCTS without notice.

5. 5. Payment

Buyer must process payment in full for the Goods at the online checkout. Payment for pick up orders, can be made in store at LOVELLS SPECIAL PRODUCTS outlets.

We accept all major credit cards except American Express. Payment by Electronic Funds Transfer and Cash are also accepted.

6. 6. Delivery

LOVELLS SPECIAL PRODUCTS will make all reasonable efforts to deliver the Goods on the dates agreed, to the place or carrier designated by Buyer. LOVELLS SPECIAL PRODUCTS has the right to make delivery in instalments and to deliver those Goods available for delivery. Buyer has no right to terminate the Contract because of a delay in delivery. Please refer to the table below for estimated delivery times for major cities in Australia:

7. 7. WARRANTY & RETURNS

LOVELLS SPECIAL PRODUCTS warrants that its products are manufactured to S.A.E – Society of Automotive Engineers – specifications for the particular product. LOVELLS SPECIAL PRODUCTS further warrants that all products sold here under are free from defects in material and workmanship. LOVELLS SPECIAL PRODUCTS will, as its sole option, repair or replace any products supplied by it which are found to be defective in either materials or workmanship providing that LOVELLS SPECIAL PRODUCTS is actually notified in writing from Buyer of the alleged defect within ninety (90) days from the date of invoice. Any claim not made within this period shall conclusively be deemed waived by the Buyer. Repair or replacement is preconditioned on the examination of the goods by LOVELLS SPECIAL PRODUCTS and, if requested by LOVELLS SPECIAL PRODUCTS return of the goods to LOVELLS SPECIAL PRODUCTS No products are to be returned to LOVELLS SPECIAL PRODUCTS without written consent, according to procedures outlined herewith and noted on Warranty and Credit claim forms (available upon request), and the receipt by the Buyer of specific shipping instructions. LOVELLS SPECIAL PRODUCTS shall not be liable for any expense incurred by Buyer in order to repair any defect in its products. LOVELLS SPECIAL PRODUCTS shall not be liable for any consequential, special, in direct or contingent damage or expense arising directly or indirectly from any defect in its products or from use of any products. This warranty does not apply to (1) Goods no longer required by Buyer, (2) Goods incorrectly chosen by Buyer, or (5) Goods modified or altered by Buyer (including changing colour).

EXCEPT AS SET FORTH HEREIN, AND EXCEPT AS TO TITLE, IT IS EXPRESSLY AGREED (a) THAT THERE IS NO WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NOR OTHER WARRANTY EXPRESS, IMPLIED OR STATUTORY NOR ANY AFFIRMATION OF FACT, OR PROMISE BY LOVELLS SPECIAL PRODUCTS WITH REFERENCE TO THE GOODS WHICH EXTENDS BEYOND THE SPECIFICATIONS, AGREED UPON BY LOVELLS SPECIAL PRODUCTS AND THE BUYER AND (b) THAT THE BUYER IF ANY MUTUALLY ACKNOWLEDGES THAT IT IS PURCHASING THE GOODS SOLELY ON THE BASIS OF THE COMMITMENTS OF LOVELLS SPECIAL PRODUCTS EXPRESSLY SET FORTH HEREIN. NO PERSON IS AUTHORISED TO CHANGE OR ADD TO ANY OF LOVELLS SPECIAL PRODUCTS OBLIGATIONS UNDER THIS WARRANTY IN NO EVENT SHALL LOVELLS SPECIAL PRODUCTS BE LIABLE FOR ANTICIPATED PROFITS OR FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.

Buyer agrees to indemnify and hold LOVELLS SPECIAL PRODUCTS harmless from and against any loss, injury or damage, to person or property, which extends beyond the warranties set forth above, whether the claims against LOVELLS SPECIAL PRODUCTS or the damages are incidental or consequential.

LOVELLS SPECIAL PRODUCTS manufactured Coil Springs are covered by a five (5) year unlimited km warranty and leaf springs by a five (5) year unlimited km warranty to the original purchaser against defective work in manufacturing and materials.

LOVELLS SPECIAL PRODUCTS Shock Absorbers (Gas Legend and Eliminator brands) are warranted against faulty materials and workmanship when used for their designated purpose for a period of three (3) years from the retail date of sale or 70,000 km whichever occurs first, unless additional warranty terms are specifically agreed upon by LOVELLS SPECIAL PRODUCTS

LOVELLS SPECIAL PRODUCTS Suspension Components are warranted against faulty materials and workmanship when used for their designated purpose for a period of two (2) years from the retail date of sale or 40,000 km whichever occurs first, unless additional warranty terms are specifically agreed upon by LOVELLS SPECIAL PRODUCTS.

Warranty does not apply to any products manufactured to special order or to customer’s specification or drawings, unless specifically agreed upon by LOVELLS SPECIAL PRODUCTS. No claim for warranty or guarantee will be considered for products supplied by LOVELLS SPECIAL PRODUCTS unless installation has been carried out strictly in accordance with Lovells installation instructions which are supplied by LOVELLS SPECIAL PRODUCTS on request.

Warranty on non LOVELLS SPECIAL PRODUCTS manufactured product, either locally purchased or imported, will be the warranty as offered by the original manufacturer or distributor.

LOVELLS SPECIAL PRODUCTS warrants the original buyer, only when purchased new via authorised LOVELLS SPECIAL PRODUCTS Resellers, Distributors, Stockists and Authorised dealers, from date of sale. Product is warranted against defects in material or workmanship that cause the product to perform below the specified limits set by LOVELLS SPECIAL PRODUCTS to the extent that LOVELLS SPECIAL PRODUCTS will repair or replace any parts which are found to be defective. All warranty claims must be submitted via original purchasing Distributor, Stockist, Authorised Dealer, Store or chain, unless otherwise arranged. Proof of original purchase must be presented upon request.

RETURNS – Products may require to be returned to LOVELLS SPECIAL PRODUCTS for assessment or repair. Postage and removal costs involved are not the responsibility of LOVELLS SPECIAL PRODUCTS and may be considered upon discretion by LOVELLS SPECIAL PRODUCTS in the event of such claim being verified. This warranty does NOT apply where, 1) acts of neglect or misuse are evident, 2) product has been modified, 3) vehicles which are modified or not the recommended vehicle of use, 4) used in racing or competition conditions without the prior consent of LOVELLS SPECIAL PRODUCTS, 5) used beyond the expectations of the original vehicle manufacturer. Before installation of any product, please ensure you have received the correct parts for your application. Ordering of the correct parts is the responsibility of the Buyer. Return of a product in an un-used condition will attract a 15% restock fee, where LOVELLS SPECIAL PRODUCTS is not at fault.

Return of used or soiled product, 1) outside warranty period, 2) without fault, will result in refusal of your claim and be returned at Buyer’s expense. Damage to products through fitment error is not covered under warranty.

Modification of product – where on site modification is necessary due to time constraints customer must notify Lovells’ Research & Development Manager and gain written approval before proceeding with any emergency modifications.

8. 8. Design and Legalities of Product

LOVELLS SPECIAL PRODUCTS shall supply goods that are compliant to Australian State Roadworthy Laws and A.D.R. (Australian Design Rules), based on listed/catalogued items only.

LOVELLS SPECIAL PRODUCTS shall not be liable in respect of any infringement of any state law arising from:

    (a)    Fitting or supplying of products to an un-roadworthy vehicle or a vehicle that has been raised or lowered in contravention of Australian State Laws.

(b)    Supply of goods that are special and do not conform to Australian State Roadworthy

Laws and regulations.

9. 9. Damage

Buyer acknowledges that the Goods leaving LOVELLS SPECIAL PRODUCTS’s premises are adequately packed. Claims for damage in transit must be made against the carrier and, while LOVELLS SPECIAL PRODUCTS will not accept liability for any damage, details of any claim must be promptly advised to LOVELLS SPECIAL PRODUCTS. Prior to acknowledging delivery to the carrier, Buyer must be endorsed on the carrier’s note. Any shortages and/or damages must be reported to LOVELLS SPECIAL PRODUCTS within 72 hours of receipt.

10. 10. Title

10.1 Title to the Goods will not pass to Buyer until the earlier of:

(a) LOVELLS SPECIAL PRODUCTS being paid in full under Contracts; or

(b) the sale Buyer of the Goods in its ordinary course of business (in which case Buyer must keep accurate account of each sale, hold the proceeds of each sale separate from Buyer’s own money and pay LOVELLS SPECIAL PRODUCTS in full from the proceeds of the purchase price of each sale despite that the payment is not otherwise due).

10.2 Until title to the Goods passes to Buyer, Buyer must:

(a) Hold the Goods as bailed for LOVELLS SPECIAL PRODUCTS and keep them in good order and condition.

(b) not remove any markings placed by LOVELLS SPECIAL PRODUCTS and ensure that the Goods can be readily identified and distinguished from other property in Buyer’s possession; and

(c) Deliver the Goods to LOVELLS SPECIAL PRODUCTS immediately upon demand and, for this purpose, LOVELLS SPECIAL PRODUCTS is authorised to enter at any time any premises on which the Goods may be located (the costs incidental to which will be borne by Buyer).

11. 11. Risk

Risk in the Goods (including insurance responsibility) passes to Buyer on delivery of the Goods to the place or carrier designated by Buyer or, if sooner, possession of the Goods passes to Buyer or its agent.

12. 12. Implied Terms, Limitation of Liability and Buyers Indemnity

12.1 Subject to Clause 2, LOVELLS SPECIAL PRODUCT’s liability for any breach of a condition or warranty imposed or implied by law in respect of any Goods or services which are not of a kind ordinarily acquired for personal, domestic or household use or consumption (provided that this provision does not apply if Buyer establishes that it is not fair or reasonable for LOVELLS SPECIAL PRODUCTS to rely on it) will be limited to:

(a) in the case of Goods supplied, any one or more of the following (as LOVELLS SPECIAL PRODUCTS may determine): (i) replacement of the Goods or the supply of equivalent goods; (ii) repair of the Goods; (iii) payment of the cost of replacing the Goods or of acquiring or obtaining equivalent goods; or (iv) payment of the cost of having the Goods repaired; and

(b) in the case of services supplied, any one of the following (as LOVELLS SPECIAL PRODUCTS may determine); (i) supplying the services again; or (ii) payment of the costs of having the services supplied again. 12.2 Subject to the Terms, LOVELLS SPECIAL PRODUCTS will not be liable for any loss, damage, expense or injury of any kind or nature suffered or incurred by Buyer or any person, arising out of or in connection with, the Contract (including, without limitation, liability due to negligence or willful default of LOVELLS SPECIAL PRODUCTS and any delay in delivery) or any error (whether negligent or not) in information supplied to Buyer in connection with its subject matter or the use, possession or delivery of the Goods or the exercise by LOVELLS SPECIAL PRODUCTS of its rights under Clause 16 and Buyer will indemnify LOVELLS SPECIAL PRODUCTS in relation to any such loss, damage, expense or injury.

13. 13. Claims

Return of goods will only be accepted by LOVELLS SPECIAL PRODUCTS after written authority to return such goods has been given by LOVELLS SPECIAL PRODUCTS and the goods, including packaging, will be in good condition and re-saleable.

Any claim made by Buyer must be in writing and contain the particulars specified in the LOVELLS SPECIAL PRODUCTS “Application for Exchange or Credit” or “Application for Warranty” and be received by LOVELLS SPECIAL PRODUCTS within 14 days after delivery of Goods. Subject to the Contract, no claim for credit will be recognised where (1) the Goods

are made to special order or Buyer’s specifications or drawings, (2) are no longer required by Buyer, (3) are returned without the particulars required by this Clause, (4) Buyer has modified or altered the Goods (including changing colour) or (5) if the LOVELLS SPECIAL PRODUCTS catalogue stipulates that return will not be accepted. If Buyer insists on returning the Goods,

it must pay LOVELLS SPECIAL PRODUCTS a handling fee equal to 40% of the price of the

Goods.

Freight and handling charges for all authorised returns will be on the basis that all costs are to be borne by the Customer unless specifically approved in writing by LOVELLS SPECIAL PRODUCTS.

14. 14. Force Majeure

Despite any other term or condition of the Contract, LOVELLS SPECIAL PRODUCTS will not be liable for any loss, damage, expense or injury of any kind or nature suffered or incurred by Buyer or any other person, arising out of or in connection with any delay in delivery, or failure to perform any other term or condition of the Contract where that delay or failure is caused by an act of God, fire, labour dispute, civil commotion, intervention of a government. Inability to obtain labour, materials or manufacturing facilities, accidents, interruptions of or delay in transportation or any other cause beyond LOVELLS SPECIAL PRODUCTS reasonable control.

15. 15. Errors or Omissions

LOVELLS SPECIAL PRODUCTS has the right to correct any clerical errors or omissions, whether in computation or otherwise in any quotation, acknowledgment or document forming part of a Contract.

16. 16. Breach by Buyer

If Buyer breaches a Contract or LOVELLS SPECIAL PRODUCTS is not satisfied of a Buyer’s ability to pay or otherwise comply with each Contract, LOVELLS SPECIAL PRODUCTS may by notice to Buyer, but without compensation, terminate every Contract, suspend or cease deliveries under all Contracts, set-off all deposits against amounts due and made all amount then outstanding by Buyer to LOVELLS SPECIAL PRODUCTS immediately due and payable.

17. 17. Waiver

LOVELLS SPECIAL PRODUCTS’s right under the Contract are cumulative and in addition to any other rights. No delay or failure by LOVELLS SPECIAL PRODUCTS to enforce any right is a waiver or that right any waiver by LOVELLS SPECIAL PRODUCTS of any term or breach of the Contract is not to be taken as a Continuing waiver or a waiver of any subsequent breach.

Copyright:

These terms and conditions may not be reproduced in whole or part without the prior written consent of LOVELLS SPECIAL PRODUCTS Effective: 1st May 2019.