Shipping and Returns Policy

FMP GROUP (AUSTRALIA) PTY LIMITED

Website Terms and Conditions of Sale

These Terms and Conditions constitute a legally binding contract between you and FMP Group (Australia) Pty Ltd (ACN 004 332 496) (“Company”, "us", "we") and apply to the ordering, purchase, fulfilment and delivery of Goods from bendix.com.au or bendixmoto.com.au. By placing an Order for Goods from the Company, you agree to these Terms and Conditions.

Please read the following Terms and Conditions carefully before placing your Order. The Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of Goods.

1. Interpretation

In these Terms and Conditions:

"Agreement" means the agreement between the Company and the Customer for the Company to sell Goods to the Customer in accordance with these Terms and Conditions, the Customer's Order and the terms noted on any order confirmation issued by the Company to the Customer in respect of the Order;

"Competition and Consumer Act" means, in cases where the Jurisdiction is Australia, the Competition and Consumer Act 2010 (Cth);

"Consumer Guarantees Act" means, in cases where the Jurisdiction is New Zealand, the Consumer Guarantees Act 1993;

"Customer" or "you" means the customer on whose behalf these terms and conditions of sale are accepted;

“Fair Trading Act” means, in cases where the Jurisdiction is New Zealand, the Fair Trading Act 1986;

"Goods" means all goods and, if any, services supplied or to be supplied by the Company;

"GST" means the goods and services tax imposed by the GST Act and the related imposition Acts;

"GST Act" means the goods and services tax legislation in the relevant Jurisdiction being A New Tax System (Goods and Services Tax) Act 1999 (Cth) if the Jurisdiction is Australia or the Goods and Services Act 1985 if the Jurisdiction is New Zealand;

"Head Office" means the head office of the Company at Elizabeth Street, Ballarat, Victoria 3350;

“Jurisdiction” means the country in which the Goods are delivered to the Customer, being either Australia or New Zealand (as the case may be);

"Order" means an order for Goods, placed by the Customer on bendix.com.au or bendixmoto.com.au.

"Price” means the price (in the currency of the Jurisdiction), inclusive of GST, quoted on the Website for each of the Goods;

“Sale of Goods Act” means in cases where the Jurisdiction is New Zealand, the Sale of the Goods Act 1908;

"Website" means the website on which the Customer places their Order, being either bendix.com.au or bendixmoto.com.au.

2. Orders

2.1 You can place an Order by following the instructions on the relevant Website.

2.2 An Order submitted by you is an offer by you to purchase the Goods for the Price plus the delivery charge (inclusive of GST) as shown at the time of submission of your Order. The Company may accept or reject your offer in its absolute discretion. In particular, but without limitation, the Company may reject Orders for commercial quantities of Goods. If you wish to order commercial quantities of Goods please contact orders@bendix.com.au.

2.3 Each Order that you place will, if accepted by the Company, be a separate and binding agreement between you and the Company with respect to the supply of the relevant Goods, in accordance with these Terms and Conditions.

2.4 If you place an Order for someone else to receive the Goods, you must obtain their consent before providing the Company with their personal information and, by placing an Order, you confirm to the Company that you have done this.

2.5 You acknowledge that all Goods that you Order are intended for personal, domestic, non-commercial use only.

2.6 The internet can be an unstable, and sometimes insecure, marketplace. At times, the facility to place Orders may not be available, your Order might not be received, your Order may be lost or misdirected, or your Order might be delayed.

2.7 Except to the extent otherwise required by law (including, without limitation, the Competition and Consumer Act, Consumer Guarantees Act, Sale of Goods Act or Fair Trading Act), the Company will not be liable (whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all) to you, or any other person, for any loss, damage, cost or expense arising out of or in connection with:

(a) any of the events set out in clause 2.6; or

(b) you accessing the Website.

2.8 Please check your Order carefully (including the quantities ordered, the delivery address provided and the shipping method selected) before submitting it. Subject to clause 2.10, Orders may not be able to be changed or cancelled by you once the Order has been accepted by the Company. The Company will use reasonable endeavours to allow you to cancel or change the Order if it has not already been shipped, but makes no commitment or representation that it will be able to do this.

2.9 Except to the extent otherwise required by law (including, without limitation, the Competition and Consumer Act, Consumer Guarantees Act, Sale of Goods Act or Fair Trading Act), the Company will not be liable (whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all) to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of:

(a) your Order information being incomplete or inaccurate; or

(b) your Order not being changed or cancelled once it has been accepted by the Company.

2.10 Notwithstanding anything else in the Agreement, the Customer may cancel an Order where the Company:

(a) has breached a material term of the Agreement; or

(b) is not able to deliver your Order within a reasonable time of the estimated delivery time provided to you for your quantity ordered, delivery address and chosen shipping method, other than a result of any delay:

(1) for which you are wholly or partly responsible, such as a failure to provide the correct delivery address or to pay for the Goods; or

(2) which was outside the Company's control, including the circumstances set out in clause 14.

3. Receiving your order

3.1 When you submit an Order you will receive an Order reference number via email.

3.2 The Company will process payment for your Order when, or shortly after, you place your Order. Your Order is deemed to be accepted by the Company when the Company does this, however, the Company may, in certain circumstances, cancel your Order after acceptance, as set out in these Terms and Conditions. In the event that the Company cancels your Order having already processed payment, it will refund your payment.

3.3 When the Company accepts an Order it represents an agreement by the Company to supply the Goods to you in accordance with your Order subject to receiving payment from you and subject to these Terms and Conditions.

4. Payment

4.1 In addition to the Price, the Customer shall pay the cost of delivery for the Goods (inclusive of GST). Until the Price and this cost are paid in full to the Company by the Customer, the Company will not arrange for the Goods to be shipped to the Customer. A delivery charge is calculated based on several factors including the Good's weight, dimensions, packaging, the number of delivery shipments required, the delivery address and the chosen shipping method.

4.2 You must pay for Goods by credit card, certain prepaid payment cards or PayPal account. If the name on the credit card/payment card/account does not match the name on the Order, the Company may refuse to accept your Order or ask you to provide additional information (for example, proof of identity documents).

4.3 By providing your credit card/payment card or PayPal account details, you authorise the Company to deduct the Price and the applicable delivery charge(s) from such card or account.

4.4 The Company reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion.

4.5 The Company may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason including, without limitation:

(a) because your financial institution or other payment provider has declined payment; or

(b) because your payment card has expired.

Where this is the case, the Company reserves the right to cancel your Order and/or place your Order on hold and request you to provide additional information (for example, proof of identity documents) or arrange payment by another method.

4.6 When you submit an Order, the Company may complete a pre-authorisation of the full value of the Order. A pre-authorisation is a practice of validating electronic transactions by holding the value of the Order unavailable until either the merchant charges the account or the transaction is cancelled. If an Order is cancelled, any pre-authorisation may still appear in your account as a pending transaction for a period of time, which will vary depending on your financial institution (e.g. 7 to 30 days). After such time, the funds will become available again for you to use.

4.7 Goods that you have ordered will not be dispatched to you until your payment for the Goods has cleared. If your payment cannot be processed, your Order will be rejected and we will notify you by email.

5. Delivery

5.1 The delivery times provided to you for your quantity ordered, delivery address and chosen shipping method are estimates only.

5.2 Goods will generally only be delivered to addresses within Australia. The Company is unable to deliver to certain parts of Australia and where this is the case you will not be able to process your Order.

5.3 Where requested, the Company will deliver to PO boxes or postal lockers in Australia where possible based on the size of the Goods. Where this is not possible and you have specified a PO box or postal locker as the delivery address when placing your Order, the Company will contact you to arrange an alternative delivery address.

5.4 Where you place separate Orders, the Goods will be delivered separately and a separate delivery charge will apply to each Order. The Company cannot consolidate separate Orders into one delivery.

5.5 Where you order more than one item in one Order, all Goods for which your Order is accepted at the same time will be dispatched together where practicable. However, in some cases, Goods may be dispatched separately, for example: where the goods are being dispatched from different locations; where the Goods are of different types; or where the Goods have different availability statuses.

5.6 Following dispatch of your Goods, the Company will email you with confirmation of dispatch.

5.7 If you require Goods that you have ordered to be re-directed to an address which is not the original Order address, and such Goods have already been dispatched, the Company will use reasonable endeavours to re-direct the Goods to your requested address and may charge you a reasonable fee for doing this.

5.8 For the purposes of this clause 5.8 and clause 5.9, "we" means the Company and our logistics provider, and "us" and "our" have corresponding meanings. On delivery, you may be required to sign a proof of delivery document. If you are not available to take delivery, we will, at our discretion, either:

(a) take your Goods to our local depot;

(b) ask you if you are willing to give us “authority to leave” the Goods at a place that you believe is safe at, or outside, the delivery address; or

You will receive a text message and/or a calling card at your delivery address containing details of the local depot or contact details for you to arrange for re-delivery of your Goods. If you provide “authority to leave”, we will leave the Goods at the agreed place. Risk and title in Goods passes to you at this time and you will bear the risk of any loss or theft of the Goods.

5.9 Except to the extent otherwise required by law (including, without limitation, the Competition and Consumer Act, Consumer Guarantees Act, Sale of Goods Act or Fair Trading Act), under no circumstances will we be liable (whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all) to you, or any other person, for any:

(a) loss, damage, cost or expense suffered as a direct or indirect result of the us leaving the Goods in accordance with any “authority to leave” given by you; or

(b) for any direct, indirect, special or consequential loss, damage or delay occasioned to you or any other person arising from any late delivery or non-delivery of the Goods.

6. Cancellation of your order by the company

6.1 The Company reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. The Company may do this for example, but without limitation, where:

(a) the Company's suppliers are unable to supply Goods that they have previously promised to supply;

(b) an event beyond the Company's control, including the circumstances set out in clause 14, means that the Company is unable to supply the Goods within a reasonable time;

(c) Goods ordered were subject to an error on the Website, for example, in relation to a description, price, delivery charge or image, which was not discovered prior to the Order being accepted; or

(d) you ask the Company to cancel your Order in accordance with these Terms and Conditions.

6.2 In the event of the Company cancelling your Order after payment has been processed, the Company will refund any money paid in respect of that Order.

6.3 Except to the extent otherwise required by law (including, without limitation, the Competition and Consumer Act, Consumer Guarantees Act, Sale of Goods Act or Fair Trading Act) or as expressly set out in these Terms and Conditions, the Company will not be liable (whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all) to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order.

7. Title and risk

At all times, risk and title in respect of the Goods shall pass to you on delivery of the Goods to the delivery address provided in your Order.

8. Returns

Where Goods supplied to the Customer have no defects and meet the specifications of the relevant Order, and the Customer changes their mind and no longer wants some or all of those Goods, and returns those Goods to the Company's Head Office (at the Customer's cost) within 30 days of them having been delivered to the Customer, the Customer is entitled to receive a full refund of the Price paid for the returned Goods (for the avoidance of doubt, this excludes delivery charges/shipping costs), provided that the Goods are unused and unopened, with packaging of the Goods in good condition.

9. Claims

9.1 You should check your Goods as soon as they are delivered to you in order to ensure that they are what you ordered and they are not damaged or faulty. If this is not the case, you should contact us as soon as possible.

9.2 No claim for defects in the Goods by the Customer for any cause whatsoever shall be recognised by the Company unless such claim is notified to the Company in writing. Any such notice should give full details of the alleged defect and must include proof of purchase.

9.3 All Goods alleged to be defective shall be returned by the Customer to the Company, if requested, by the Company’s nominated carrier at the Company's cost. The Company shall bear the cost of all delivery charges for any Goods found to be defective, and the Customer shall bear the cost of all delivery charges for the return of all Goods that are found by the Company not to be defective. The Company's reasonable costs may by charged to the Customer in respect of the return of Goods, if such Goods are not found to be defective.

9.4 When returning Goods, please use the original packaging where possible in order to avoid damage in transit.

9.5 You may not be entitled to a refund or exchange just because any packaging is damaged in transit. The packaging exists to protect the Goods themselves.

10. Warranties

10.1 The Company warrants that quality workmanship and materials have been employed in the manufacture of the Goods.

10.2 To the extent permitted by law, this warranty does not cover:

(a) defects, damage or malfunctions of the Goods resulting from:

(1) use of the Goods in other than their normal and customary manner or where misapplied;

(2) wilful damage and vandalism, negligent use, accident, war, act of God, neglect, normal wear and tear or weathering (including pollution, salt or other corrosive residues);

(3) damage caused by any foreign matter;

(4) operating conditions or use not conforming to the specifications of the Goods;

(5) alteration, modification, adjustment, repair or testing of the Goods not approved or conducted by the Company; or

(6) installation other than in a manner recommended by the Company or installation by unqualified persons; or

(b) goods that have any serial numbers or identifiers removed; or

10.3 The Customer acknowledges and agrees that it has made all necessary enquiries as to the suitability of the Goods for its intended use and purpose.

10.4 The Customer warrants that it has made independent investigations in relation to clause 10.3 and that it has not relied on the expertise or opinion of the Company in relation to the purchase or suitability of Goods in any way.

10.5 Except as expressly provided in the Agreement, the Company shall not be under any liability whether in contract or tort or otherwise (and whether or not the Company has been negligent) in respect of:

(a) defects or inadequacies in the Goods; or

(b) for any injury, damage or loss whatsoever resulting from such defects or inadequacies in the Goods or from any work done in connection with such defects or inadequacies in the Goods,

except to the extent any statute applicable to the Agreement prevents the exclusion, restriction or modification of implied warranties, guarantees, rights or remedies.

10.6 The warranty in clause 10.1 is given by the Company in lieu of all other express warranties. The Company disclaims all other warranties or conditions, express or implied, to the full extent permitted by law.

10.7 Where legislation (including the Competition and Consumer Act, Consumer Guarantees Act, Sale of Goods Act or Fair Trading Act (or other similar legislation) implies any warranty or guarantee into the Agreement, and that legislation prohibits the avoidance or exclusion of such warranty, the Company's liability for any breach of such warranty is limited to the full extent permitted by law.

10.8 In no event shall the Company be liable for:

(a) damages in excess of the purchase price of the Goods; or

(b) for any loss of use, loss of time, inconvenience, commercial loss, loss of profits or savings or other incidental, special, indirect or consequential damages or loss arising out of the use or inability to use the Goods,

to the full extent such may be disclaimed by law.

10.9 Where Goods supplied under the Agreement fail to comply with a guarantee implied by the Competition and Consumer Act, Consumer Guarantees Act, Sale of Goods Act or Fair Trading Act (or other similar legislation), the Company's liability is limited to providing the Customer with such remedy as the relevant legislation requires be provided to the Customer in the circumstances. Nothing in this clause excludes, restricts or modifies the Company's discretion under the relevant legislation to choose the remedy that it may provide the Customer in the circumstances.

10.10 Nothing in the Agreement excludes, restricts or modifies the Customer's rights under the Competition and Consumer Act, Consumer Guarantees Act, Sale of Goods Act or Fair Trading Act (or other similar legislation) which cannot be excluded, restricted or modified at law.

11. Indemnities

11.1 Without prejudice to any other rights the Company may have against the Customer, and to the extent permitted by law, the Customer shall indemnify the Company for, and save it harmless from, any loss, damage, claim, demand, expense and cost (including legal costs on a full indemnity basis) incurred by the Company should the Customer breach the Agreement or cancel any order or part thereof for the Goods after acceptance by the Company.

11.2 To the extent permitted by law, the Customer indemnifies the Company against any claims, demands, actions or proceedings made or initiated against the Company by any third party in respect of any damage, death or injury caused by or in any way attributable to the Goods supplied by the Company.

12. Intellectual property

12.1 The Customer shall not without the written permission of the Company copy, reproduce, communicate to a third party or otherwise make use of any document or information received in connection with the Agreement and any such material shall be regarded as confidential.

12.2 All specifications, drawings, models, samples, computer programs and similar items prepared or furnished by the Company to the Customer and the copyright therein shall remain the property of the Company and shall be returned by the Customer to the Company on demand.

12.3 No right or licence is granted by the Company to the Customer under any patent, copyright, registered design, trademark or trade name or other intellectual property right, registered or used by the Company.

13. Vienna sales convention

The application of the United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980), known as the Vienna Sales Convention, is excluded from the Agreement.

14. Force majeure

If the Company, or any of its contractors, is prevented from performing its obligations under the Agreement by reason of an event of force majeure (such as, without limitation, acts of God, fire, earthquake, lightning, explosion, flood, epidemic, war, civil unrest, industry-wide industrial action, governmental action or like events outside of the Company's control), the Company's obligations under the Agreement will be deemed suspended for the duration of the force majeure conditions.

15. Governing law

The Agreement shall be interpreted in accordance with and governed by the laws of the State of Victoria if the Jurisdiction is Australia or the laws of New Zealand if the Jurisdiction is New Zealand and the parties submit to the non-exclusive jurisdiction of Victorian Courts or the New Zealand Courts (as the case may be) and all Courts of appeal from such Courts.

16. Severability

If any provision of the Agreement is held to be invalid, unenforceable or illegal for any reason, the Agreement remains otherwise in full force and effect apart from such provision that will be deemed deleted.

17. Entire agreement

The Agreement constitutes the entire agreement between the Customer and the Company and supersedes all prior agreements whether verbal or in writing.

18. Assignment

18.1 The Company reserves the right to assign or sub-contract its obligations to the Customer to any third party.

18.2 Except with the prior written consent of the Company (which consent may be withheld by the Company at its sole discretion), the Customer must not assign, novate or sub-contract any of its rights or obligations under the Agreement.

18.3 Where the Customer sub-contracts or assigns its obligations under clause 18.2, the Company reserves, and the Customer grants to the Company, the right to pursue the Customer as principally liable for any amounts owed to the Company.

19. General

19.1 Any variation or modification of the Agreement must be in writing.

19.2 The Company's failure or delay to exercise a power or right does not operate as a waiver of that power or right and the exercise of a power or right does not preclude either its exercise in the future or the exercise of any other power or right. A waiver is not effective unless it is in writing and is effective only in respect of the specific instance to which it relates and for the specific purpose for which it is given.

19.3 Notices under the Agreement must be in English and be delivered by email. Subject to a party notifying the other party in writing of a change to its preferred email address, notices:

(a) to the Company should be delivered to orders@bendix.com.au; and

(b) to the Customer should be delivered to the email address of the Customer as specified in the relevant Order.

19.4 The Company reserves the right to amend these Terms and Conditions at any time. Any amendment will take effect from the time that it appears on the Website. The Terms and Conditions which apply at the time that you place your Order are the Terms and Conditions which will apply to your Order.

20. Privacy

By entering into the Agreement, the Customer may supply "personal information" to the Company within the meaning of the Privacy Act 1988 in cases where the Jurisdiction is Australia or the Privacy Act 1993 in cases where the Jurisdiction is New Zealand. In cases where the Jurisdiction is Australia, the Company is bound by the Privacy Act 1988 and is required to uphold the Australian Privacy Principles contained in that Act. In cases where the Jurisdiction is New Zealand the Company is bound by the Privacy Act 1993. The Company will only use personal information supplied by the Customer for the purpose of carrying out its warranty obligations to the Customer under the warranty and in assisting the Company to market its products and services in the future. By entering into the Agreement, the Customer consents to the use of its personal information for the above purposes.