1. You (that is the Customer) will be responsible for any loss, damage or deterioration to goods once they leave our place of business – that is: they will be at your risk. You should get insurance to cover this.

2. You will be responsible to arrange and pay for any freight from our place of business. We (American Brake Pty Ltd) can, if requested by you, help you to arrange freight.

3. Goods are not supplied on a sale or return basis. Subject to these terms and conditions, once we accept your order, you are obliged to take the goods although property is yet to pass. Any agreement to accept any return of goods must be in writing signed on our behalf. If we agree to accept any return, our “current return conditions” will apply.

4. (a) You have to pay for the goods and services supplied before the last day of the month after the month in which they were supplied.
(b) However, payment will become due immediately if :
– you commit any act of bankruptcy.
– a meeting of creditors is called.
– mortgagee or mortgagee’s agent takes possession of any of your assets.
– a receiver of any of your assets is appointed, or
– a petition to bankrupt or liquidate you is issued.
(c) Until an overdue payment is paid, you have to pay the interest on it at 2.5% per month.
(d) You must pay us the reasonable costs (including debt collector’s commission) we incur to recover (or attempt to recover) any overdue payment.

5. (a) Property in goods supplied will not pass to you until they, and all other goods supplied by us to you, have been paid in full.
(b) You acknowledge that until that time you are in possession of the goods solely as bailee to us.
(c) Your right to possession of the goods shall cease if payment for the goods is due under clause 4 (a) and 4 (b) but not paid. In that event, we may enter any premises where the goods are or reasonably thought to be and repossess them.

6. Until property in goods supplied passes to you.
(a) Trademarks displayed are for reference purposes only and we do not imply, express or claim any affiliation.
(b) You may fix them into your articles on condition that the product (“product/s”) will be our property as security for the full payment of goods.
(c) Until you use or sell the goods or products, you must store them separately and so that they can are clearly identifiable as our property.
(d) You may mix the goods or products into the articles of any third party on condition that the resulting item will be deemed to be owned in common by us and that third party.
(e) You may sell the goods or the products or the items as referred to in (d), (or your interest therein) in the ordinary course of your business on the following conditions:
– You may make the sale as our agent and bailee
– Any proceeds of sale received by you are held by you on trust for us and you must keep them separately and so that they are clearly identifiable as ours.
– If you have not received the proceeds of the sale, you will, if we so require, assign to us your rights in respect to the sale price.

7. If payment for the goods is due under clause 4 (a) or 4 (b) but not paid, we may take any one or more or all of the following actions without notice.
– Sue for monies owing on the goods.
– Retake possession of them.
– Take possession of the product/s referred to in 6 (a).
– Take and/or claim the proceeds of the sale referred to in 6 (d) paid or due to be paid.
– Take any other action based on our rights set out above.

8. Any previous dealings shall not affect these terms and conditions or be deemed to do so nor will any term or condition set out in your order forms or other documentation.

9. In these terms and conditions reference to a person includes a corporation, and the singular includes the plural and vice versa

10. If more than one, the persons comprising the customer shall be jointly and severally bound by these terms and conditions

11. The law of the state of Victoria governs these terms and conditions and any legal action relating to them shall be brought in Victorian courts.

12. Each transaction is to be on the above terms and conditions. However, we may change the above terms and conditions and upon written notice to you, you will be bound by such changed terms and conditions in respect of subsequent transactions. Unless the contrary is proved, such notice shall be deemed served on you two business days after it is posted.

CURRENT RETURN CONDITIONS (Subject to variation by the Company without notice to the Customer) are:

(a) Goods marked “non-returnable” are not returnable.
(b) Parts procured Ex Supplier are non-returnable unless the Company gives prior approval.
(c) Electrical items will not be accepted for credit.
(d) Goods must be resaleable and returned within 30 days of invoice date.
(e) Invoice no. and date to be quoted by customer.
(f) The Customer shall pay all freight charges to return the goods to the place of business of the Company.
(g) The Customer shall pay reasonable handling charges of the Company.
(h) Goods are non-returnable after 30 days from invoice date.