Motorcycle Tyre Warehouse' Terms and Conditions
Welcome to Motorcycle Tyre Warehouse' Online Sales Terms and Conditions. These Terms and Conditions govern sales made on the Motorcycle Tyre Warehouse online sales webpage. You agree to be bound by these Terms and Conditions by clicking on the “I agree with the terms of service and I adhere to them unconditionally” button on the checkout page. We reserve the right to amend these Terms and Conditions at any time by posting amended terms and conditions on our website with a revised effective date.
The terms “Motorcycle Tyre Warehouse”, “us”, “'we” and “our” refers to Motorcycle Tyre Warehouse. Our contact details are listed on the website page "Contact Us". The term 'you' refers to the purchaser of the product or user or viewer of the online ordering features of our website.
Price: Prices listed are for immediate ordering only and are subject to change. Prices do not include shipping (unless stated or a promotion is in place), which will be charged separately. Prices include GST for Australian residents. You will be responsible for paying any taxes for orders shipped to addresses outside of Australia.
Availability: We typically ship products 2 to 4 days after you order them, but some products have longer lead times. We will email you a confirmation of lead time for your order if it will be longer than expected.
Payment Options: We accept PayPal and credit card payments for online orders or instore payment on pick up.
Shipping, Title, Risk of Loss and Insurance: We will choose, and deliver your order to, a shipping company, which will be deemed your agent. All shipments are made “FOB Origin”, meaning the sale is final, our delivery to you is deemed complete, and risk of loss or damage transfers to you, upon our delivery of your order to the shipping company. If your order is lost or damaged in shipment, you will have to make the claim against the shipping company. We do not insure your shipment. IF you require insurance, please contact us prior to checkout.
No Delivery to Specified Persons or Entities or Countries: A variety of laws prohibit or restrict our ability to deliver products to certain specified persons, entities or countries. Except as authorized by law, you agree not to export or re-export products to any country, or to any person, entity, or end user subject to Australian export controls, including without limitation countries subject to Australian embargoes or trade sanctions and persons or entities otherwise so identified by the Australian government.
Warranty: Manufacturer warranties apply to our products. The warranty period for the repaired or replaced product will not exceed the original warranty period. You must contact us to obtain a return material authorization (“RMA”) number prior to returning your product for warranty repairs; packages received without an RMA clearly listed on the outside of the package will be rejected. The warranty does not include apply to any product problems we determine have been caused by accident, abuse, or negligence, or by damage by water, heat, dust or other environmental cause, or by unauthorized repair or modification.
THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EITHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PRODUCTS, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
IN NO EVENT WILL WE BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, OR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR CONTINGENT DAMAGES ARISING FROM OR RELATING TO THIS CONTRACT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS SALE, INCLUDING FOR ANY LIABILITY ON ACCOUNT OF A CLAIMED DEFECT IN ANY PRODUCT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE OF THE PRODUCT. ALL SALES ARE FINAL, NO RETURNS WILL BE ACCEPTED OTHER THAN AS PROVIDED IN THESE WARRANTY PROVISIONS.
Interpretation: These Terms and Conditions shall be governed by and construed in accordance with the laws of Australia, without reference to its conflicts of law provisions. Any dispute shall be subject to the exclusive jurisdiction of the courts located in Australia, and you hereby irrevocably agree to submit to the personal and exclusive jurisdiction and venue of such courts. The various section headings used herein are inserted for convenience of reference only and shall not affect the meaning or interpretation of these Terms and Conditions or any section thereof. If any term, provision, covenant or condition of these Terms and Conditions is held by a court or arbitral panel of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated.