Sales Terms and Conditions

Terms and conditions of sale & Liability Release 99257-99990
1. General In these condition the words "we" "us" "our" mean and refer to the supplier of the goods. The word "you" refers to the person or company to whom the goods are sold and supplied. "The goods" refers to the goods, merchandise and other items the subject of the sale transaction. "Customer" refers to the person paying for the work or product. "KLRC" refers to KEN LOWE RACE CARS.
2. Application These terms and conditions of sale apply to the sale of the goods by us to you.
3. Precedence These conditions prevail over the provisions contained in any other document which may conflict with the provisions herein.
4. Validity (a) Our quotation is not to be construed as an offer or obligation by us to sell and we reserve the right at our option to accept or reject any orders received. (b)Your order is your offer to us to purchase the goods and is subject to acceptance in writing by us. (c) Any quotation is, prior to our acceptance of any order, subject to alteration or withdrawal at any time by us in writing but unless otherwise advised by us in writing the quotation is valid for thirty (30) days from the date thereof.
5. Specifications All descriptive specifications, illustrations, drawings, data, dimensions, and weights furnished by us or otherwise or contained in our catalogues, price lists, and other advertising matter are approximate only and are intended to be by way of a general description of the goods and do not form part of the contract.
6. Delivery Any delivery or completion date or times stated are estimates only and we cannot be held liable for any consequences whatsoever for any delay to such times. We reserve the right to refuse to deliver any goods under this contract if you have any monies outstanding beyond the date for payment on any account with us.
7. Risk and storage All risk of or for loss or damage with respect to the goods passes to you on delivery of the goods to you, your servants, agents, customers or to any carrier. If delivery is delayed for any reason beyond our reasonable control for a period of (14) days after the date on which you are notified that the goods (or any completed items forming part thereof) are ready for delivery, the risk in the goods forthwith passes to you. We may at our option arrange suitable storage of the goods at our premises or elsewhere and all the cost of or incidental to such storage will be borne by you. You must, on demand, pay to us all costs of storage, insurance, demurrage, handling and other charges incidental to such storage.
8. Damage or loss in transit. Unless otherwise agreed in writing you agree to take delivery of the goods at our address notified to you or set out in the contract documents. We will not be responsible for any loss or damage of the goods after delivery thereof to your carrier not withstanding that we may have arraigned the carrier at your request.
9. Terms of payments Unless stated otherwise in the quotation or agreed in writing, all prices quoted are strictly nett and payment in full is due on and from the date of invoice We reserve the right to deliver and invoice any item or items comprising the whole or part of any order or to arrange storage in accordance with clause 7 hereof prior to any delivery time quoted by us. Except at our option any deposit of funds is subject to clear funds being held in our bank before the goods may leave our premises. Credit cards payments are subject to a 5% handling fee over the invoice price.
10. Warranty (a) We will make good by repair, or at our option by the supply of a replacement defects which under proper use appear in the goods within a period of three (3) calender months after the goods have been despatched and arise solely from faulty design, workmanship, or materials supplied by us PROVIDED always that the defective parts are returned by you free to our address on the delivery documents or invoice unless otherwise arranged. The repaired or new parts will be delivered by us free of charge to the point at which delivery was originally specified for the goods. (b) Our warranty will not apply to any defect which arises by excessive wear, misuse, neglect or accident. (c) Except as specified provided for in these terms and conditions and except to the extent that which the law prohibits the exclusion, restriction, or modification of terms and conditions, all warranties, terms and conditions in relation to the state, quality or fitness of the goods and all parts and of every kind whether implied by use, statute or otherwise are herby excluded.
11. Liability of supplier Notwithstanding any other provision herein we will not be liable for any loss of profit or of contract howsoever arising nor will be liable whether in contract, tort, or otherwise for any injury damage or loss and liability, if any, will be limited to the repair of the goods or, at our option, the replacement of the goods or the supply of equivalent goods.
12. Goods returned for credit (a)No claim in relation to damaged goods will considered unless notified in writing within seven (7) days of delivery. (b)Credit may be allowed at our sole discretion but in any event no goods will be accepted for credit after thirty (30) days form the date of the original invoice. (c)Non standard, custom, or specially items will not be accepted for credit unless damaged at the time of delivery. (d)In all cases the original invoice or delivery docket must be quoted and return freight be prepaid by you. (e) Goods returned for credit must be in original condition and packaging.
13. Title (a)The property in the goods does not pass to you until the whole of the purchase monies for the goods has been paid in full to us and the property in the goods remains solely with us until such payment is made. (b)If a cheque is tendered in payment of the purchase monies then payment will not be deemed to have been made until such cheque has been paid by the drawer's Bank.
14. Design and improvements You acknowledge that variations in design and construction of other equivalent goods manufactured by us will occur from time to time. This will in no way constitute any acknowledgment by us that the design and construction of the goods supplied to you were inadequate or deficient. You agree to waive all and any rights to claim for any loss and damage you may suffer or incur because of the design and construction or otherwise relating to the difference in design and consecution between the goods supplied to you and any other goods supplied, manufactured, constructed and designed by us whatsoever. KLRC assumes no responsibility to upgrade customer components or accessories at any time.
15. Discount Where a discount from normal invoice price is offered to you in consideration of advertising and promotions by the display of our decal on the racing car supplied to you, you acknowledge and agree that the discount is conditional on you displaying the decal of the size and location on the racing car as specified by us for the period agreed and you further acknowledge that in the event that these arrangements are not complied with in full the whole discount will be repayable to us forthwith on demand and will be recoverable as a debt owing by you to us.
16. Racing is Dangerous. You can get killed or injured or kill or injure someone else. Customer agrees directly or via their agents or assigns waive all rights to all or any compensation at any time.. All precautions must be employed by customer at all times. Customer directly or via their agents or assigns agrees to accept liability for any injury, damage or harm occurring to someone else, or someone else's property.
17. Conditions of Sale Customer agrees directly or via their agents or assigns to all the terms and conditions of sale. Customer directly or via their agent or assigns agrees that this product delivered or picked up is exactly as ordered and specified by the customer. There is no warranty express or implied in force at any time and customer directly or via their agent or assigns accepts full and complete responsibility for the use of the products or product indicated in this document.
18. Parts and Accessories Customer directly or via their agents or assigns agree any KLRC product(s) purchased in the future that are used or to be used on this product or with this product will be covered by the terms and conditions of this agreement.
19. Hold Harmless Customer directly or via their agent or assigns agrees to hold harmless KLRC their agents or partners for all conditions spelled out in the terms and conditions of sale.
20. Design Requirements Customer directly or via their agent or assigns agree this product meets all customer design requirements and is finished to customer satisfaction in all respects.
21. Final Product Delivery Customer directly or via their agent or assigns agree this product has been delivered with all the components and or accessories that have been ordered or paid for by the customer