Terms & Conditions

Terms and Conditions of Sale

Definitions

Prices

1. All prices are subject to change without notice.
2. All prices for Australian delivery are in Australian dollars including GST unless otherwise stated.
3. Delivery is not included in any price or quote unless stated in writing as including delivery by a particular carrier or a particular method.
4. Remote area and redelivery charges, foreign export or delivery costs such as taxes, import duties, customs clearance fees and any other charges are the responsibility of the Buyer.
5. Prices quoted are valid for 30 days unless otherwise stated except where the item is affected by currency fluctuation where the price is valid for 7 days, 4WD reserves the right to withdraw its quotation or amend the price if there has been a fluctuation of more than 5% of the cost price between the time of quotation by 4WD and acceptance by the Buyer.

Payment and Terms

1. Valid Payment methods at 4WDs discretion: Cash, EFT, Direct Deposit, Card, PayPal, AfterPay
2. Payment and the Buyer’s Order is only completed when funds have been received and cleared.
3. 4WD reserves the right to charge for additional bank charges and processing fees
   In the ordinary course of events domestic bank charges equivalent to VISA or Master Card charges and normal EFT charges, PayPal or merchant charges may be discretionally absorbed by 4WD.
4. Diners and American Express cards and most foreign country specific cards are not accepted.
5. All discount pricing is offered solely on the basis of payment within normal terms, default of normal terms of payment renders any discounts offered invalid and pricing will return to normal RRP including normal hourly rates.
6. With 30 day account holders. the Credit Contract Application terms and conditions prevail.

Terms – General parts and accessories

1. Payment for stocked Parts is due at the time of order or prior to delivery.

Terms – Custom orders and Manufactured Parts

1. Payment for non stock, manufactured or ordered in Parts is due at the time of Order.
2. Priority of manufacture and delivery is prioritised on Payment Date not Order Date
3. No refunds or cancellations are possible on custom orders or products manufactured by 4WD at the Buyer’s request.

Terms – Mechanical work

1. A nominal deposit of 25-50% is required for all labour workshop bookings.
2. A 50% deposit is required on all workshop bookings in excess of $2,000 of work and parts
3. Full payment at order date is required on non stocked mechanical parts or 3rd party services.
4. Payment in full for all mechanical work is required before the vehicle leaves the premises.
5. Cancellations of bookings without advance notice may incur a charge due to the workshop becoming vacant as a result of the unplanned cancellation and inability to book out dead time.
6. 4WD reserves its rights to the use of a Repairers Lien over all vehicular work performed in or in conjunction with its mechanical workshop whether performed by a third party or by 4WD.

Payment and Default

1. Payment terms are as set out above and may vary according to the nature of work and the type of Parts being purchased, however at all times, unless otherwise arranged, payment for all Parts is due prior to delivery. A deposit is a normal purchase and subject to the same terms.
2. Should the Buyer default in the payment of any monies due under this agreement, then all monies due to 4WD shall immediately become due and payable and shall be paid by the Buyer within 7 days of the date of demand and 4WD shall be entitled to charge interest on all amounts not paid by the due date for payment and the Buyer undertakes to pay any interest so charged. Such interest shall be calculated on a daily basis from the due date for payment until the date 4WD receives payment at a rate equivalent to the general overdraft rate per month.

Credits and Refunds

1. 4WD does not have a Change of Mind policy. In special cases a store credit may be issued at the sole discretion of 4WD.
2. Custom ordered and Parts made to order are not returnable – no credit or refund will be issued.
3. Parts returned for credit or exchange must be approved for credit or return and be sent freight prepaid and accompanied by original invoice and a valid Return Authorisation number issued by 4WD.
4. Parts must be unused, in original packing, complete and in good order suitable for resale.
5. Parts returned under a written approval;
   – within 14 days from date of invoice will be subject to a 10% handling charge.
    – from 14 to 30 days will be subject to a 20% handling charge.
    – after 30 days, sales will not be credited.
6. All credits and returns are subject to a deduction of costs incurred that are not reclaimable by 4WD – e.g. freight costs, third party costs, non refundable PayPal or credit provision charges.

Courtesy Car

4WD may, if available, provide a courtesy car at cost. A Courtesy Car Agreement must be executed.

Delivery and Risk

1. Risk passes to the Buyer upon collection or dispatch of goods, if the Buyer requires transit insurance cover, then that is Buyer’s responsibility. 4WD is not liable for transit damage or loss.
2. Part delivery times and expected delivery dates are supplied as an estimate only and although 4WD will endeavour to meet them, 4WD will not be liable for any delay arising from any cause whatsoever, including but not limited to industrial or labour disputes, riots, fires, floods, wars, civil strife, embargoes, shortages of labour, materials, third party services, machine failure, power loss, fuel or means of transportation whether affecting 4WD or any supplier or subcontractor, or from any law, regulations or orders of any government or authority.
3. Non-delivery must be claimed within 30 days after the mailing or dispatch, our carrier’s manifest will be conclusive proof of delivery without the Buyer’s signature.
4. Any work or modifications performed by 4WD at the Buyer’s request is not necessarily intended for road use and may not comply with road rules, regulations, standards or insurance compliance.

Title

1. All property title and ownership remains with 4WD and does not pass to the Buyer until such time as all amounts which are owed by the Buyer to 4WD have been paid in full.
2. The Buyer shall be the bailee of the Parts in its possession whose title remains with 4WD
3. Goods in the Buyer’s possession must be clearly identifiable as the property of 4WD
4. If the Buyer fails to pay any debt due to 4WD by the date of payment, 4WD may retake possession of the Parts. All costs of repossession of the Parts by 4WD will be payable by the Buyer. Such rights shall be without prejudice to 4WD’s right to claim damages from the Buyer for breach of contract.
5. The Buyer irrevocably authorises 4WD and its servants and agents to enter upon the Buyer’s premises without notice at any time for the purposes of examination or recovery of the Parts.
   Where the Parts supplied by 4WD have become integrated with other parts or assembly by the Buyer, all parts will form 4WD’s Parts under these terms.
6. Where the Parts supplied by 4WD have been made into new parts or goods, these new parts or goods will be deemed to be the Parts supplied.
7. The Buyer shall indemnify 4WD against any loss arising from the Buyer breaching these terms.

Warranty & Return – Generally

1. A Warranty Claim in the proper form must be submitted before it can be considered.
2. Goods submitted for return must be accompanied with an approved Return Authorisation form or quotation of an approved Return Authorisation number.
3. A Warranty Claim must be approved by 4WD before it is deemed to be a warranty, this will require provision of information which may include dimensions, description or photos.
4. A warranty must be declared immediately the Buyer believes there is a warranty issue, in detail.
5. All returned goods must have a proof of purchase verified by 4WD.
6. All goods must be returned to 4WD, freight prepaid for inspection prior to warranty action.
7. Parts not fitted in a tradesman like manner or not fitted by a tradesman, outside of tolerance, or otherwise incorrectly or not in accordance with provided instructions will be void of warranty.
8. Transportation, relocation, breakdown costs, accommodation meals or any incidental costs or consequential losses associated with a failure or breakdown of any warranty are not covered.
9. In the event of any preliminary signs of malfunction it is the Buyer’s responsibility to cease operation and report the problem to 4WD immediately. Failure to comply with this condition may result in more serious damage and void or limit warranty entitlement.
10. Parts are not guaranteed against failure or damage arising from faulty or incorrect fitting, incorrect application, misuse, abuse, damage caused by failure of other components or equipment or any damage caused by any means over which 4WD did not have control.
11. Parts used in racing, competition, modified vehicles, modified engines are void of warranty.
12. Parts approved for warranty that are no longer available or superceded will be satisfied by credit for alternative parts of an equivalent Invoiced value.
13. Warranty is not transferable without the prior written approval at the discretion of 4WD. Vehicles fitted with modified ECUs, aftermarket ECUs or performance enhancing products or engine accessories such as injectors, injection pumps, carburettors, cranks, cams, turbos that are adjusted or tuned or removed, blocked or disabled or otherwise outside of the manufacturer’s original specifications in order to enhance performance will void the warranty.
14. Warranty does not extend to abuse, engine overheating and owner negligence or as a result of consequential damage arising from any failure, weakness or substandard and/or unsafe adjustments of existing engine and vehicle accessories.
15. Warranty periods vary according to the product. Extended warranties may be available at additional cost will be specifically noted on the Invoice.
16. Warranty does not include any labour costs associated with part replacement.
17. 4WD disclaims any liability for labour costs or other damage, loss of income, downtime, demurrage or incidental costs attributed to the failure of parts supplied by 4WD.
18. 4WD will replace free of charge any parts that in its opinion after examination by a person authorised by 4WD are deemed defective through faulty material or manufacture.
19. All returned goods must be accompanied by proof of purchase and Buyer details.
20. All goods must be returned to 4WD, freight prepaid for inspection prior to warranty action.

Warranty – Parts supplied by the Buyer

1. Any Parts supplied by the Buyer are not warranted by 4WD, except where agreed in writing.
2. The Buyer of such parts is responsible for dealing with any claim against their supplier.
3. The Buyer is responsible for ensuring the Parts are suitable for purpose, any additional cost inc freight or associated with rectifying incorrect parts, adapting or resupply of missing parts,

Warranty – Mechanical Part Sales

1. Used Parts should be inspected by the Buyer to assess their condition and suitability.
2. There is no warranty provided on Used Parts unless they have been specifically refurbished or rebuilt and professionally tested and must be noted on the invoice on a part by part basis.
3. All New Parts sold by 4WD have a three month guarantee against defective materials or workmanship from the date of sale except where an extended warranty term has been specifically purchased or provided or where the manufacturer’s own warranty period is greater and 4WD passes on that same warranty period.

Warranty – Major Mechanical Work – Engines, gearboxes, differentials etc.

1. All 3rd party supplied refurbished motors, gearboxes and differentials are guaranteed against defective materials or workmanship for a period of 3 months from date of invoice.
2. Engine, gearbox and differential rebuilds provided by 4WD are provided with a 6 month, 20,000km (whichever comes first) warranty period.

Warranty – General Accessory sales

1. Accessory parts sold by 4WD that were manufactured or distributed by third party suppliers shall be provided with whatever that supplier’s normal published warranty terms and warranty period, providing that the warranty extends only to the product itself and does not apply to the labour and fitting, which warranty is provided solely by 4WD. The 3rd party supplied accessory product warranty is provided on the basis that is subject entirely to the terms and conditions of that 3rd party supplier and is not the responsibility of 4WD.
2. 4WD will represent the Buyer to the 3rd party supplier in its efforts to assist with any such 3rd party supplier warranty claim

Exclusion of Warranty – Bolt On/Bolt Off items for Mechanical Work

For all Engine, Gearbox and Differential rebuilds or replacements and Mechanical Work, the warranty does not extend to bolt off/bolt on items or to consequential damage.

The Buyer acknowledges that 4WD, in the course of mechanical work and other accessory fitting work may need to remove and replace a large range of vehicle, suspension, drivetrain and engine accessory items and that 4WD removes and replaces all of these items on a good faith basis – this being that those items functioned at that time and are expected to continue to function as before.
No warranty or consequential liability for any failure can be accepted for or as a result of any of these items unless specifically instructed to diagnose, overhaul them in advance and on an individual basis.

There is no obligation on 4WD to perform any diagnostic or repair work on any of these accessory items unless specifically authorised as part of the original work order by the Buyer in writing, they will be refitted purely on a good faith basis without professional inspection. It is acknowledged that in many cases the ability to diagnose many of these items is beyond the scope of 4WD.

Such accessory parts excluded from any warranty but not limited to are : radiators and hoses or pipes, turbocharger, battery, head, inlet/outlet manifolds, carburettor, exhaust, clutch, flywheel, gearbox, fuel rail, fuel injection pump, ECUs and controllers, wiring harnesses, Buyer fitted accessory items, lights, sensors, looms, spark plugs, injectors, injector pump, harmonic balancer, covers, shrouds, bonnet, body panels, support members, support struts, pumps, fans, pulleys, belts, timing gears, sumps, air conditioner compressor, alternator, power steer pump, power steer rack, hoses, brakes, rotors, axles, suspension components, drive shafts, CV joints, brackets, clamps, starter motor, slave cylinder, water pump, oil pump, battery cabling, fuse, wiring, connectors, ECUs, electronic controllers and similar electronic devices. Any hardware (including clips, seals, hoses, pipes, boots, O-rings, gaskets, clamps, glands, bushes, sleeves, circlips, split pins, washers, lock nuts, nuts, bolts, sleeves, connectors, wires etc) associated with these accessory parts that fail or are deemed unsuitable for reuse as a result of being removed and replaced as part of the mechanical work are at the expense of the Buyer.
The buyer is responsible for the cost of replacement of lubricants, greases, gaskets, coolants, oils, terminals and other consumables associated with the replacement of such bolt on/bolt off items and in some cases the accessory items themselves due to rust, environmental breakdown, corrosion, seizure, thread failure, cracks and weaknesses may fail or be unsuitable for replacement and need to be replaced at the Buyers expense. The cost of third party work such as broken stud or bolt removal, reprogramming and other specialised work are the responsibility of the Buyer.

Proprietary Rights

1. 4WD will retain all copyright, trademark, patent, registered design and other proprietary rights in any 4WD confidential information or material, including documents, drawings, certifications, instructions, application guides, model listings, packing lists, technical specifications or problem solving correspondence provided to the Buyer.
2. The Buyer must not reproduce, retransmit or use 4WD information or material or their contents for any purpose other than the purpose for which they were provided.
3. The Buyer must not disclose, transfer, transmit or otherwise make available to any third party in any manner or form, any material or their contents or any information relating to them or the products and services without 4WD’s written consent.
4. No trademark or product name may be used in advertising, printed materials, internet content, mailings or any form without the express written consent of 4WD.

Representations

1. Part supply by 4WD does not confer any further right to the Buyer other than supply of such Part.
2. Specifically, a Buyer may not represent that they are an Agent, Reseller, Authorised distributor or Authorised Fitter, or that they hold any special relationship or further right with 4WD by the mere purchase of a Part.
3. Any further rights of any kind can only be provided in writing and would form a separate written, signed and executed contract between the parties.

Costs

1. The Buyer shall pay any losses, expenses, damages, commissions, interest and costs, including solicitor and own client legal costs arising from the Buyer’s failure to comply with its obligations, including payment of all invoices, under these terms.
2. Such losses, expenses, damages, interest or costs may be recovered as liquidated debt.

Jurisdiction

Any dispute whatsoever arising either directly or indirectly shall be determined according to the laws of South Australia the state in which 4WD conducts its sales and all proceedings arising from them shall be heard and determined in South Australia by a court of competent jurisdiction.

Severance

Should any part of the conditions be held void or unlawful, the Contract shall be read and enforced as if the void or unlawful provision had been deleted.

Waiver

Any failure of delay by 4WD to insist on compliance of any term does not constitute a variation or waiver or the Terms and Conditions or any remedy available to 4WD.