Terms & Conditions

Definitions

• Agreement means these signed terms and conditions.
• Company means Midland 4WD Centre Pty Ltd (648 761 139) t/as Midland 4WD Centre.
• Customer means an individual or business that receives goods or services from the Company.
• Vehicle means motor Vehicle undergoing a service, including Engine Control Unit Remapping, from the Company.

1. Payment and Charge

a. If the Customer has an account with the Company, the Customer will pay the Company’s invoices within 30 days of the end of the month that the invoice is issued to the Customer.

b. All retail customers are required to provide a deposit before any goods will be ordered. Full payment will be made on completion of installation and before any goods are picked up in-store. All online orders are to be paid in full at the time of purchase regardless of delivery date or completed works.

c. Claims for credit, return, incorrect or faulty supply must be made within 7 days of the invoice date. Please fill out our online form submission before any claims will be processed, link below.

2. Quotes

a. Validity of Quotes: Quotes provided are valid for a period of 7 days from the date of the quote. If not accepted within this period, the quote may be subject to re-evaluation or withdrawal.

b. Deposit Requirements: For the commencement of work, a deposit of up to 50% of the total quoted  amount may be required. This deposit is to be paid at the time of quote acceptance and prior to the commencement of any work or ordering of any materials.

c. Special Orders Payment: All special orders must be paid in full at the time of order placement. Special orders are those that require unique materials, custom parts, or products not generally in stock.

d. Non-Refundable Deposits and Payments: Deposits and full payments for special orders are non-refundable. This policy acknowledges the custom nature of these orders and the resources expended in procuring special materials or products.

e. Cancellation Policy: Should the customer choose to cancel the service or special order after acceptance of the quote and payment of the deposit or full payment, the paid amount will not be refunded. This policy is in recognition of the costs and arrangements made based on the acceptance of the quote.

f. Changes to Orders: Any changes to the scope of work or materials after acceptance of the quote may result in a revised quote and may affect the total cost of the project.

g. Completion Timescales: While we endeavor to complete all orders within the agreed timescales, we cannot guarantee specific completion dates, especially for special orders which may be subject to supplier or manufacturing delays.

h. Governing Law: These terms and conditions are governed by the laws of Australia and the relevant state legislation.

3. Goods Supplied by the Company

a. Responsibility for, and risk of loss or damage of, goods in transit is carried by the purchaser.

b. Goods returned for credit are subject to a minimum 20% restocking fee.

c. Goods supplied will remain the property of the supplier as above until paid in full.

d. Warranty claims MUST be accompanied by all original invoicing, fitting details & specifications required by the manufacturer. Failure to do so may slow processing and void the warranty.

e. Quoted fitting prices are based on equipment fitted to new, unmodified vehicles. Fitting products to older, modified vehicles will incur charges where products are difficult to fit.

f. Prices are subject to change without notice.

g. Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods.

4. Default

If a Customer defaults in payment of any of the Company’s invoices then:

h. All monies owed by the Customer to the Company will immediately fall due and payable;

i. The amount owed to the Company will accrue interest at a rate of 25% for each day payment is not made after payment has fallen due.

j. The Customer will pay the Company’s costs or expenses incurred by the Company in relation to any actual or contemplated enforcement of the Agreement, or the actual or contemplated exercise, preservation or consideration of any rights, powers or remedies under the Agreement which includes legal costs and expenses and collection charges on a full indemnity basis.

5. Customer Entitlements

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. In addition to the rights and remedies to which you may be entitled under the Australian Consumer Law, we provide an extended warranty in relation to the services carried out on the Vehicle (“the Extended Warranty”). Under the Extended Warranty you will be entitled to the following benefits:

a. If a fault develops that is directly related to the work we have carried out we will attempt to fix the fault.

b. If the Company cannot fix the fault then the Company reserves the right to remove the part, accessories or software installed on the Customer’s Vehicle and return it to its original condition.

6. Costs not covered by the Company under the Extended Warranty to the Customer includes:

a. Costs Associated with Claiming the Warranty: The Customer will bear all costs associated with claiming the warranty. This includes, but is not limited to, any expenses related to postage, delivery, and travel incurred in the process of claiming under the Extended Warranty.

b. Consequential, Indirect, or Incidental Damages: The Company is not responsible for any consequential, indirect, or incidental damages, losses, costs, or expenses resulting from the failure of the part. Additionally, the Company is not liable for any costs or expenses arising from services not expressly provided under the terms of the Extended Warranty.

7. General Provisions

a. Loss of User-Generated Data: Work performed on your vehicle may result in the loss of any user-generated data. Customers are advised to ensure that they have made copies of any such data before the vehicle is serviced.

b. Use of Refurbished Parts: Vehicles presented for repair may be repaired using refurbished parts. This is in accordance with our commitment to sustainability and cost-effectiveness.

c. Off-Road Products and Specialized Components: All off-road products and suspension components, including kits that involve a 50mm or greater lift, are supplied at the customer’s risk. Customers are encouraged to understand the implications of such modifications.

d. Limitation of Liability: To the full extent permitted under law, including the Australian Consumer Law, the Company provides no warranties or guarantees in relation to the condition or capabilities of the goods or services supplied. Where permissible by law, our liability for any breach of an implied condition or warranty is limited to replacement, repair, or resupply of the goods or services. Specifically, to the extent permissible, we will not be liable for any indirect or consequential loss or damage.

e. Exclusion of Implied Terms: Any warranties, representations, or terms that may be implied by the Fair Trading Act (WA), the Sale of Goods Act (WA), or any similar legislation are expressly excluded from this Agreement.

f. Release and Hold Harmless: Except to the extent that we are liable under law, including the Australian Consumer Law, the customer releases and holds harmless the Company (and its agents and employees) from all claims for loss and damage to their personal property, or that of any person left in the vehicle, which is received, handled, or stored by the Company at any time before, during, or after the service period, whether due to the Company’s negligence or otherwise.

g. Governing Law and Jurisdiction: This Agreement is governed by and will be construed in accordance with the laws of Western Australia. The parties submit to the non-exclusive jurisdiction of the courts of Western Australia.

8. Terms and Conditions for Online & In-store Sales

a. Product Descriptions and Part Numbers: Our website endeavors to be as accurate as possible in our product descriptions. However, we do not warrant that product descriptions or other content on the website is accurate, complete, reliable, current, or error-free. In cases where the product offered has a correct part number but an incorrect description, the part number will be considered the ruling factor. In such instances, remedies for any discrepancy will be at our discretion, which may include replacement, refund, or repair.

b. Back Orders and Cancellations: Back-ordered items are subject to delays outside our control, often due to third-party suppliers. As a result, back orders cannot be cancelled or refunded due to these third-party delays. We appreciate your patience and understanding in these circumstances.

c. Shipping and Delivery: We are not responsible for delays or losses caused by third-party shipping carriers. While we strive to ensure timely delivery, certain factors beyond our control may impact shipping times. Goods are shipped at the customer’s risk. It is the customer’s responsibility to provide correct shipping details and be available to receive the goods. We shall not be liable for any loss or damage due to incorrect shipping information provided by the customer or if the customer is unavailable to receive the goods.

d. Returns and Restocking: If a customer orders an incorrect part, the return shipping will be at the customer’s expense. Additionally, a restocking fee may apply. The details of the restocking fee will be communicated at the time of the return request.

e. Website Accuracy and Liability: We do not guarantee that our website will be free from technical errors, interruptions, or that it will always be accessible. We take all reasonable measures to ensure the accuracy and reliability of our website, but we will not be held liable for any inaccuracies, errors, or technical issues that may occur.

f. Amendments to Terms and Conditions: We reserve the right to amend these terms and conditions at any time. All amendments to these terms will be posted on our website and will take effect immediately. It is the customer’s responsibility to review our terms and conditions regularly to stay informed of any changes.

9. Warranties and Dispute Resolution

a. Warranty Claims: All products sold on our website are subject to the warranty terms provided with the product. To initiate a warranty claim, customers are required to complete our Warranty Claim Form, which can be found on our website. This form must be filled out in its entirety and submitted via our website, https://m4c.au/warranty-claims/  . No warranty or dispute claim will be processed until this form is received and reviewed by our team.

b. Dispute Resolution: In the event of a dispute, customers are required to first attempt to resolve the issue informally with our customer service team. If the dispute cannot be resolved informally, the customer must complete our Dispute Resolution Form, available on our website, and submit it via our website, https://m4c.au/warranty-claims/. We are committed to addressing all disputes fairly and promptly.

c. Processing of Claims and Disputes: Upon receipt of either a Warranty Claim Form or a Dispute Resolution Form, we will investigate the claim and respond within a reasonable timeframe. We aim to resolve all issues efficiently and to the satisfaction of our customers, within the bounds of our policies and legal obligations.

d. Limitation of Liability: Our liability in relation to warranties and disputes is limited to the extent permitted by law. We shall not be liable for any indirect, incidental, or consequential damages arising out of or in connection with our products, except as provided under applicable law.

e. Amendment of Procedures: We reserve the right to amend these procedures at any time. All amendments will be posted on our website and will take effect immediately. It is the customer’s responsibility to stay informed of our current warranty and dispute resolution procedures by reviewing these terms regularly.

Terms and Conditions for Installation Bookings

1. Booking Confirmation

Upon scheduling an installation appointment, customers will receive a confirmation of their booking date and time. It is the customer’s responsibility to ensure that they are available for the appointment or to notify us if any changes are needed.

2. Cancellation Policy

We understand that circumstances may change, and appointments may need to be rescheduled. Customers are required to provide a minimum of three (3) working days’ notice for any cancellations or rescheduling of their installation booking.

3. Failure to Provide Notice

If a customer fails to provide at least three (3) working days’ notice for a cancellation or rescheduling, a cancellation fee equivalent to the fitting charges will be applied. This policy is in place to compensate for the time and resources allocated for the scheduled appointment.

4. No-Show Policy

In the event that a customer fails to turn up for their scheduled installation appointment without any prior notification, they will be charged the full fitting charges. This fee is necessary to cover the lost opportunity and preparation costs incurred by our team.

5. Rescheduling Appointments

Customers who wish to reschedule their appointment must do so by providing at least three (3) working days’ notice. Rescheduling is subject to availability and may not always be possible at the desired time.

6. Payment of Cancellation/No-Show Fee

Any fees incurred due to cancellation or no-show must be paid before any future appointments can be booked.

7. Communication

All notifications for cancellation or rescheduling must be communicated to us via [specify preferred methods such as email, phone, etc.] to ensure proper documentation and acknowledgment.

8. Exceptional Circumstances

We reserve the right to waive the cancellation or no-show fee in exceptional circumstances at our discretion.

Useful Links for Warranty, Returns & Disputes

https://www.commerce.wa.gov.au/consumer-protection/returns-refunds-repairs-and-replacements
https://www.commerce.wa.gov.au/consumer-protection/consumer-change-mind
https://www.commerce.wa.gov.au/consumer-protection/minor-or-major-problems-products

Contact Consumer Protection

Tel: 1300 30 40 54
[email protected]