General Terms and Conditions of Trade
Terms of sale
To the fullest extent legally permissible all dealings between you and Goodyear and Dunlop Tyres (Aust) Pty Ltd ACN 004 098 346 [referred to as “Beaurepaires”, “we”, “us” or “our”] relating to any goods and/or services [the “goods” and/or the “services”] (including dealings through Beaurepaires’ website www.beaurepaires.com.au(this "Website")) are subject to the following terms and conditions of sale [“Terms”] unless otherwise expressly agreed in writing.
- 1.0 PLACING ORDERS AND PAYMENT
- 1.1 Orders
- 1.2 Payment
- 1.3 Choosing your product
- 1.4. Supply and installation of orders
- 1.5. Cancellations and returns
- 1.6. Cancellation by us
- 1.7. Commercial terms
- 2.0 PRODUCT DISCLAIMER
- 3.0. WARRANTY
- 4.0. CONSUMER GUARANTEES & ACL
- 5.0. LIMITATION OF LIABILITY
- 6.0. PRIVACY
- 7.0. INTELLECTUAL PROPERTY
- 8.0. GENERAL EXCLUSIONS
- 9.0. CHANGES TO GOODS AND SERVICES
- 10.0. SEVERABILITY
- 11.0. APPLICABLE LAWS
- 12.0. OTHER TERMS
- 13.0. CONTACT
- Imported Goodyear Brand Tyres - Warning to Tyre Importers, Resellers and Customers
By making an order you acknowledge that you have read, accepted, and agreed to be bound by these Terms.
1.0 PLACING ORDERS AND PAYMENT
(a)Any orders received by Beaurepaires through this Website constitute an offer to purchase goods and/or services by you and are subject to acceptance or rejection by Beaurepaires in its discretion after receipt. Except as otherwise permitted by law, once an order has been placed by you, accepted by us and payment received, the order cannot be cancelled by you.
(b)If we reject your offer to purchase the goods or services for any reason, neither of us will be under any further liability to the other arising out of your original offer or our non-acceptance of that offer.
(c)All orders are limited to a maximum of five tyres per vehicle per transaction.
(d)Title in any goods purchased by you through this Website does not pass to you until (i) the goods have been properly fitted to your vehicle by us; and(ii) payment has been received in full for such goods and any associated services received from Beaurepaires. Risk of loss or damage to goods passes to you upon the installation to your vehicle.
(e)You acknowledge that products and packaging may vary slightly from images on this Website.
(f)We do not guarantee the availability of any products advertised on this Website.
(g)You are responsible for ensuring any measurements provided are accurate for any custom products.
(h)Only persons who are able to enter into legally binding contracts with us for the purchase of the goods or services are able to make an offer to purchase the same.
(a)Payment must be effected in the manner described on our Website.
(b)Orders are made at the price on the Website at the time the order is accepted by us. All prices for orders include GST.
(c)The price of the goods is inclusive of fitting of tyre to your vehicle’s wheel rim, wheel balancing, tubeless valves, disposal of tyres removed from your vehicle’s wheel rim, and the Tyre Stewardship Australia levy, as part of a standard installation, which will cover most vehicles with standard equipment.
(d)You may incur additional fees at the point of installation to accommodate for: (i) customised vehicles; (ii) pre-existing vehicle conditions such as severe misalignment, damaged lug bolts, or other conditions that limit the ability to install the products as reasonably anticipated at the point of sale; (iii) vehicle suspension lowering products, where additional suspension items may be necessary to properly align the vehicle after it has been lowered; or (iv) customer requests for additional work.
(e)If the goods are: (i)available for purchase on the Website with the price of the good displayed, we accept payment online; or (ii) otherwise, we accept payment in store.
(a)To make an order you must: (i) provide your vehicle make, year, model and series; (ii) provide your tyre size; or (iii) select a product from our Website, as well as any other ordering information specified on this Website.
(b)When placing your order you must select the number of tyres you wish to purchase.
(c)We recommend that you purchase a minimum of:(i)two tyres to ensure that the tyres match on an axle; and (ii)four tyres for vehicles which have full time four wheel drive or all wheel drive vehicles to avoid damaging the vehicles drive transmission.
(d)You acknowledge that you have selected products by either indicating your vehicle make, year, model, and series, by indicating your vehicle's tyre size, or by indicating no make and model at all. You are solely responsible for the accuracy, completeness and suitability of information you provide for an order, and (subject to any rights you may have under the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth) ["ACL"]) you will not be entitled to a refund if the goods or services are not suitable because you provided incorrect information. We cannot be held responsible for tyres that are improperly sized or rated for your individual vehicle.
(e)We may refuse to install products for your safety, or to avoid your vehicle becoming damaged or unroadworthy. A re-stocking fee of $12.50 per tyre may be applied for product returns.
(f)You acknowledge that wheel sizing for products purchased on this Website is based on information provided by you and is based on original equipment manufacturer factory specifications. If your vehicle is highly customised and/or has raised or lowered suspension, we cannot guarantee fitment, and additional fees may be required at the point of installation for safe and proper fit and alignment.
(g)You acknowledge that despite our reasonable efforts, we cannot guarantee the completeness and accuracy of the information provided on our Website.
1.4 Supply and installation of orders
(a)When making an order you must select a store, date and time for the fitting of your goods ["installation date"]. We do not offer delivery of our goods, and orders will only be honoured for installation of the goods to the vehicle nominated by you at the time of making the order.
(b)Acceptance of your orders shall be communicated to you on this Website, and an order confirmation via email at the address provided by you ["Order Confirmation"]. Verification of information may be required prior to the acceptance of any order.
(c)Subject to these Terms, we will use reasonable efforts to install your orderon the Installation Date at the Beaurepaires' Site selected by you.
(a)You may not cancel your order after we have dispatched your Order Confirmation to the email address that you provide to us, where you have:(i) changed your mind;(ii) requested services to be performed in a away which is against our advice; or (iii) failed to provide accurate information or otherwise clearly explain the services you require.
(b)If you are unable to attend the installation on your selected installation date, you may request to reschedule to a new installation date up to 24 hours prior to your original installation date, or as agreed with us.
(c)We do not accept returns or make cash refunds for change of mind or where you have ordered inappropriate or incorrect products for your vehicles. In the event that you have selected products which are inappropriate for your vehicle, we may choose to credit the amount already paid for those products towards an alternative product of equal or greater value.
(a)We may delay, withhold or cancel supply of an order without liability where: (i) we have insufficient goods or availability of resources to supply services to fulfil the order or the goods or services are not available to supply; (ii) we have insufficient personnel at the Beaurepaires Site at which you have chosen to have your goods installed; (iii) you are in breach of these Terms or any agreement with us; and/or (iv) we have, in our sole discretion, any safety concerns.
(b)We may cancel the transaction, notwithstanding that the order has been confirmed and your credit card has been charged if the products are listed at an incorrect price, listed with incorrect information, out of stock, or the Installation Date is unavailable due to a (i) typographical error or other similar oversight; or (ii) a system error, technical error or other similar error.
(c)We may become aware that on your installation date, the Beaurepaires Site at which you have chosen to have your goods installed has insufficient:(i)goods or availability of resources to supply services to fulfil the order or the goods or services are not available to supply; or (ii)personnel available to perform the services to fulfil the order. In that event, we may, with your agreement and without cancelling your order: (iii)change the installation date of your order; (iv) re-locate the installation of your order to an alternative Beaurepaires Site; or (v) both (iii) and (iv), [an "Order Change"].; If we are unable to agree on an Order Change, then we will be taken to have cancelled your order.
(d)If a cancellation occurs in accordance with paragraphs (a)(i), (a)(ii), (b) or (c) after your credit card has been charged for the purchase through this Website, we will as soon as possible issue a credit to your credit card account equal to the purchase price.
If an order is made for purposes other than personal, household or domestic use, to the extent permitted by the ACL:
(a)you must rely on your own knowledge and expertise in selecting any goods and/or services for any purpose and any advice and/or assistance given by or for usis at your risk and shall not be or be deemed to be given as expert or adviser nor to have been relied on by you or anyone claiming through you;
(b)you agree to: (i) check all goods for compliance with all applicable laws, standards and/or guidelines before use, on-sale and/or application; (ii) comply with all applicable laws, standards and/or guidelines and with all recommendations and/or directions made and/or given by us and/or by any manufacturer; and (iii) act in accordance with good practice at all times; and
(c)you agree that if any dispute arises concerning an order (including any question of identity or authority) our internal records shall be conclusive evidence of what was ordered.
(a)To the extent permitted by the ACL we disclaim all responsibility and/ or liability whatsoever in relation to any goods and/or services (including tyres & tubes) sold subject to these Terms or otherwise which are: (i) fitted to or used on rims or wheels: (A) which do not comply with any specifications of the Tyre & Rim Association of Australia [“TRAA”] or other applicable standard referenced in the relevant Australian Design Rule (ADR42), or which are used in contravention of any applicable statutory provision; (B) which are out of alignment, damaged, rusty or otherwise in improper condition; (C) used in abnormal conditions (including off road use, trials, rallies, record attempts etc); (D) in conjunction with tubes and/or valves which are not recommended or approved by us; (E) in breach of good practice including improper or careless fitting (other than a negligent fitting was performed by us) or use or any of our conditions of use or recommendations; (F) with undersized tubes or flaps; (ii) damaged in any way after manufacture (other than by our negligent acts); (iii) improperly inflated at any time or used with substitutes for air which are not recommended by us; (iv) used for any purpose which is in excess of the ratings marked on the tyre side walls or specified by the TRAA (from clause A); (v) used for excessive loads or at excessive speeds; (vi) altered, reprocessed or repaired in any way whatsoever (other than negligently by us, our authorised agents); (vii) purchased by you second hand or blemished; (viii) treated at any time with any sealant for any reason; and (ix) misused, or which come into contact with solvents or other chemicals, are subject to prolonged exposure to infra red or ultra violet rays and other light sources, heat, ozone from electric motors or other electrical equipment, or incorrect storage.
(b)You acknowledge that tyres and tubes can be damaged by (inter alia) any of the matters referred to above.
(a)Unless otherwise specified, all goods are sold subject to their manufacturer's warranty.
(b)Notwithstanding clauses 2 or 5, if any tyre or tube sold by us develops any fault which is due to a defect in manufacture, processing or material and which in our opinion precludes reasonable usage being obtained by you, then provided such tyre or tube is returned to us at any Beaurepaires Site within 14 days of you becoming aware of the fault, with all transportation charges prepaid, we will either:(i) repair or replace the tyre or tube free of charge; or (ii) provide a credit to you calculated as (A) the original purchase price of the tyre (or, if you cannot provide proof of purchase, the Beaurepaires online advertised price for that tyre or an equivalent from its core range), multiplied by (B) the amount of usable tread depth remaining on the relevant tyre, expressed as a percentage of the maximum tread depth on a new tyre of that type.
(c)Subject to clause 4 and to the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms is hereby excluded.
(d)For avoidance of doubt, if you are a consumer, nothing in these Terms affects your rights to terminate these Terms if you reject the goods under s 259 of the ACL.
(e)All warranty adjustments must be made on a properly completed warranty adjustment processing form.
(f)We may also offer additional warranties from time to time with the sale of select goods, or for an additional charge, including:(i) a road hazard warranty; or (ii) a tread life warranty. You are responsible for reviewing any additional terms and warranties to your purchase to see whether either of these warranties are included for your selected goods.
The ACL provides consumers with certain consumer guarantees and rights in relation to certain transactions concerning goods and/or services (see www. consumerlaw.gov.au). Any rights you may have under the ACL shall apply notwithstanding any inconsistent provisions in these Terms which shall be read down to the extent necessary to comply with the ACL and which shall otherwise apply to the fullest extent legally permissible.
(a)If legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following: (i)if the breach relates to goods: (A)the replacement of the goods or the supply of equivalent goods; (B)the repair of such goods; (C)the payment of the cost of replacing the goods or of acquiring equivalent goods; or (D)the payment of the cost of having the goods repaired; and (ii)if the breach relates to services: (A)the supplying of the services again; or (B)the payment of the cost of having the services supplied again, and if item (i) or item (ii) is not permitted under applicable legislation, to the maximum extent permitted by applicable legislation.
(b)Where clause 5 (a) does not apply, to the extent permitted by the ACL:(i)you agree to limit any claim to the replacement/repair of the goods (or cost thereof) and/or re supply of services (or cost thereof); and (ii)we shall not be liable for: (i) any claim, loss or expense which is made after 7 days from the date of delivery of goods and/or services – after which there shall be deemed to have been unqualified acceptance of the goods and/or the services; (ii) any loss of profit, loss of goodwill or savings and otherwise any consequential loss and/or any special and/or punitive damages through any fault of ours or otherwise; and/or (iii) any claim in any way caused and/or contributed to by you and/or any third party.
You consent to us collecting, using, disclosing and otherwise handling any personal information provided by you in connection with our supply of the goods and/or the services in accordance with our privacy policy as modified from time to time and available at https://www.beaurepaires.com.au/privacy-policy.
You agree that all intellectual property in the creation of any goods and/or services shall be and remain our property notwithstanding any contribution by you, and to the extent you own any such intellectual property you assign it to us upon creation for no additional consideration to that otherwise provided by us under these Terms.
To the extent permitted by the ACL:
(a) no dealing between us and you shall be or be deemed to be a sale by sample; (b) all goods are sold subject to all applicable trading terms, warranties and representations of the manufacturer; and (c) we are not be responsible nor liable for paying and/or obtaining any necessary judicial, statutory, government and/or utility fees, expenses, orders, approvals, permits and/or licences required by you.
9.0 CHANGES TO GOODS AND SERVICES
We reserve the right to make changes to the goods and services we provide. This includes, without limitation, changing the products that are available for sale, or the times and locations available for installation.
Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision. Where a provision or part of a provision is held to be void or unenforceable, such provision or part shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the parties as contained in these Terms and so that the remaining Terms remain in full force and effect.
These Terms are governed by the laws in force in Victoria, Australia and you submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with the Terms.
The Website Terms of Use, Privacy Policy, any other terms and conditions made available by us (including promotional or product-specific terms and conditions) and all such terms and conditions set forth therein are hereby incorporated into this Terms by reference.
If you have any queries, issues or complaints about these Terms please contact us through the function available at https://www.goodyearautocare.com.au/contacts/.
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WARNING TO TYRE IMPORTERS, RESELLERS AND CUSTOMERS Goodyear & Dunlop Tyres (Aust.) Pty Ltd (“Goodyear”), a company owned by The Goodyear Tire & Rubber Co. (U.S.), is responsible for the distribution in Australia of locally manufactured and imported Goodyear branded tyres (excluding earth moving tyres). Through its Beaurepaires outlets, Goodyear Autocare and its authorised independent dealers, Goodyear provides a world class level of service for these tyres. Goodyear is aware that Goodyear tyres have been imported into Australia by non-authorised distributors. Distributors and customers are warned that:
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