Warranty & Returns Policy

  1. These Terms and Conditions apply to the sale of Goods and the supply of Services by HDT Special Vehicles Pty Ltd of Unit 6/24 Anzac Ave, Smeaton Grange NSW 2567 (Ph: 02 4647 9599) to you.
  2. A legally binding contract is formed between you and us upon submission of your Order.
  3. PRICE
    • Unless otherwise stated, the Price excludes GST, delivery costs and any other matter or thing not expressly specified in writing by us.
    • Unless otherwise provided, any quotation provided by us is valid for thirty (30) days after the date of the quotation after which time it will lapse.
    • We reserve the right to vary the Price in the event of a variation to our quotation.
  4. PAYMENT
    • Payment is to be made before the Goods leave our premises for delivery to you.
    • Payment is to be made for Services before we commence providing Services to you.
  5. RETENTION OF TITLE
    • The title to the Goods is retained by us and does not pass to you until payment in full is made by you to us for the Goods.
  6. DELIVERY AND RISK
    • Risk in the Goods passes to you on delivery.
    • Delivery of Goods to you occurs on the earlier of:
      • collection of the Goods by you or your nominated carrier; or
      • delivery of the Goods to you at your nominated delivery address.
    • You acknowledge and agree that we are not liable for any failure or delay in supplying the Goods or Services.
    • We are not liable and you release us from any damage, claim, liability, expense, cost and/or loss (including consequential loss) resulting from any failure or delay in supplying the Goods and/or Services to you.
    • You are not entitled to reject the Goods on account of late delivery.
  7. GST
    • The terms defined in the GST Act have the same meaning when used in these Terms and Conditions.
    • Unless expressly included, the consideration for any supply under or in connection with these Terms and Conditions does not include GST.
    • If a supply pursuant to these Terms and Conditions is subject to GST you must pay to us at the same time you pay consideration to us pursuant to these Terms and Conditions an amount equal to the GST on the supply.
  1. RETURNS
    • If you are not satisfied with your purchase, you can return the product within 7 days of receipt of your order and receive a full refund (subject to the below conditions)
    • To receive a full refund or replacement of any defective order you must contact HDT Special Vehicles at admin@hdt.com.au outlining the reason for the return or refund request and enclose documentary evidence (photographs and explanation) of any defect.
    • To receive a full refund on an order, your returned order must meet the following conditions:
      • Be in the same condition you received it;
      • Be in the original packaging;
      • Have the original invoice attached;
      • Have the original manufacturer information;
      • Have not been installed or disassembled;
      • Not damaged due to attempted installation;
      • Not missing any parts, hardware or instructions; and
      • Not custom made or specifically ordered in.
  1. RELEASE OF LIABILITY AND INDEMNITY
    • You release and discharge us from any and all claims, suits, costs (including legal costs on a solicitor and own client basis), damages, demands, losses (including future losses and consequential losses), expenses and liabilities arising out of or in connection with:
      • the supply of Goods and Services by us to you;
      • the use or misuse of the Goods by you or your agents or subcontractors;
      • death or personal injury to any person arising directly or indirectly in connection with the supply of Goods and/or Services under the Terms and Conditions;
      • damage to, or destruction of or loss of any property arising directly or indirectly in connection with the supply of Goods and/or Services under the Terms and Conditions;
      • the late delivery of or failure to supply Goods and/or Services.
    • You indemnify us and hold us harmless from and against any and all claims, suits, demands, costs (including legal costs on a solicitor and own client basis), expenses, losses (including future losses and consequential losses) and liabilities arising out of or in connection with:
      • the supply of Goods and Services by us to you;
      • the use or misuse of the Goods by you your agents or subcontractors;
      • death or personal injury to any person arising directly or indirectly in connection with the supply of Goods and/or Services under these Terms and Conditions;
      • damage to, or destruction or loss of any property arising directly or indirectly in connection with the supply of Goods and/or Services under these Terms and Conditions;
      • the breach by you of any term of these Terms and Conditions.
    • We need not incur any cost or make any payment before enforcing any right of indemnity under this clause. This indemnity is a continuing obligation and remains separate and independent from other obligations of the parties and survives the termination of these Terms and Conditions for whatever reason and continues in full force and effect.
  2. WARRANTY
    • We warrant that all Goods supplied to you and Services performed for you will be free from defect as a result of our workmanship for the Warranty Period.
    • Our Goods and Services come with guarantees that cannot be excluded under the Australian Consumer Law. If a major failure is with the Service, you are entitled:
      • to cancel your Service contract with us; and
      • to a refund of the unused portion or to compensation for its reduced value.
    • You are entitled to choose a refund or replacement for major failures with Goods. If a failure with the Goods or a Service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time.  If this is not done you are entitled to a refund for the Goods and to cancel the contract for the Service and obtain a refund of any unused portion.  You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the Goods or Service.
    • If any Goods and/or Services are found to have a defect as a result of our workmanship during the Warranty Period we will at our discretion:
      • repair the Goods at our cost;
      • resupply the Goods and/or Services at our cost;
      • refund any monies that you paid us for the defective Goods and/or Services.
    • To make a warranty claim you must:
      • notify us of any warranty claim promptly and no later than seven (7) days from you first becoming aware of any potential warranty claim;
      • provide evidence to us the Goods and/or Services are under warranty at the date you make your claim;
      • provide all documents requested by us relevant to the warranty claim;
      • return the Goods to which the warranty claim relates to us within seven (7) days of making a claim for warranty.
    • Our warranty does not cover the following costs:
      • the costs of parts, components and consumables not damaged as a result of our workmanship;
      • the costs to replace missing parts and components;
      • delivery of the Goods to us and/or delivery of the Goods to you;
      • any costs we incur to investigate a warranty claim we determine is not covered by our warranty (in which case we will charge you any such costs).
    • Our warranty expires at the end of the Warranty Period.
    • This warranty does not:
      • apply if you do not comply with any of your obligations in clause 10.5;
      • apply if we determine that any defect in the Goods are caused or contributed to by your misuse, negligence, or accident;
      • apply if you make alterations, modifications or repairs to the Goods including the fitting of attachments, after-market accessories or parts or use consumables that are not authorised or approved by us or the manufacturer which in our opinion caused or contributed to the defect;
      • apply if you fail to service and maintain the Goods in accordance with any manufacturer requirements;
      • apply if you use Goods for a purpose for which it is not designed;
      • cover any repairs or replacement parts required during normal maintenance or operating service including but not limited to inspections, adjustments, tune-ups, fuel, lubricants, consumables, part repairs or replacements;
      • apply if you continue to use the Goods after becoming aware of a defect;
      • cover any repairs or servicing to the Goods required due to fair wear and tear from its normal use;
      • apply if you have delayed more than seven (7) days in notifying any potential defect to us after first becoming aware of it;
      • apply if you unreasonably delay in providing the defective Goods to us for us to assess for warranty.
    • Goods not manufactured by us are supplied in accordance with the manufacturer’s specific warranty (if any). We do not provide a warranty for Goods other than the warranty provided by the manufacturer.  If required by you, we will assist you to make a warranty claim with the manufacturer.
    • To the extent permitted by law, all conditions, warranties and representations on our part whether express or implied, statutory or otherwise and whether collateral or antecedent to these Terms and Conditions are expressly excluded.
  3. TYPOGRAPHICAL ERROR
    • In the event that a product is listed at an incorrect price due to typographical error or error in pricing information received by our suppliers, HDT Special Vehicles shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.
    • If your credit card has already been charged for the purchase and your order is cancelled, HDT Special Vehicles will immediately issue a credit to your credit card.
  4. NOTICES
    • A party may send a notice in connection with these Terms and Conditions by hand delivery, prepaid post or electronic mail to another party at the address of, or in such other way as, the receiving party may have last notified each other party in writing.
    • A notice is deemed to be received:
      • if delivered in person, when delivered;
      • if sent by prepaid post, on the second business day after the date of posting;
      • electronic mail, when:
        • the message has been delivered to and is capable of being retrieved from the electronic mailing address of the addressee; and
        • the addressee has become aware that the message has been sent to that electronic mailing address.
  1. NON-MERGER
    • The rights and obligations of the parties in respect of the covenants, warranties, and representations contained in these Terms and Conditions will not merge but survive termination, completion or assignment of these Terms and Conditions.
  2. VARIATION
    • An amendment or variation to these Terms and Conditions is not effective unless it is in writing and signed by the parties.
  3. WAIVER
    • All rights under these Terms and Conditions are cumulative.
    • A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right.
    • The exercise of a power or right does not preclude either its exercise in the future or the exercise of any other power or right.
    • A waiver is not effective unless it is in writing.
    • Waiver of a power or right is effective only in respect of the specific instance to which it relates and for the specific purpose for which it is given.
  4. ENTIRE UNDERSTANDING
    • The Contract:
      • contains the entire agreement and understanding between the parties on everything connected with the subject matter of the Contract; and
      • supersedes any prior agreement or understanding on anything connected with that subject matter.
  1. FURTHER ASSURANCES
    • Each party must, at its own expense, do everything reasonably necessary to give effect to these Terms and Conditions and the transactions contemplated by it, including but not limited to the execution of documents.
  2. CONFIDENTIALITY
    • You must keep secret and confidential, and must not divulge or disclose any of our Confidential Information other than where the relevant Confidential Information:
      • is public knowledge (other than as a result of a breach of these Terms and Conditions);
      • is required by law to be disclosed; or
      • is disclosed to your directors, officers, employees, financial advisers, and legal representatives for the purpose of exercising rights under these Terms and Conditions.
    • You must take all reasonable steps to ensure that any person to whom you disclose Confidential Information does not make public, or disclose, the Confidential Information.
    • If you delegate any of your authority, powers or duties under the Contract to another entity or to a person who is not a director, officer or employee of you, we may require you to have that party enter into a confidentiality agreement with us prior to any of the Confidential Information being provided to that party.
  3. COPYRIGHT
    • Everything on our website is copyrighted (unless otherwise noted) and may not be used except with our express written consent.
    • Use of images by you or other third parties for purpose other than placing an order with HDT Special Vehicles or using this site as a shopping resource is strictly prohibited and may violate the copyright laws, trademark laws, privacy laws and other laws and regulations.
    • Nothing contained on this site may be construed as granting any licence or right to use any of our trademarks or service marks without our prior written consent.
  4. GOVERNING LAW
    • The Contract shall be construed and take effect in accordance with, and shall be governed by, the law in force in Queensland.
    • Each of the parties submits to the jurisdiction of the courts of the state of Queensland and the Commonwealth of Australia.
  5. DEFINITIONS

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2020 (Cth).

Confidential Information means confidential information, trade secrets, know-how, scientific, technical, product, market or pricing information relating to our business.

Goods means the goods, equipment, components, parts, accessories and material supplied or to be supplied by us to you.

GST has the meaning ascribed to it by the GST Act.

GST Act means A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Order means verbal order, written order or an order placed on our website to purchase Goods or Services from us.

Price means the price payable by you in Australian dollars for the Goods and/or Services supplied by us to you.

Services means the services supplied or to be supplied by us to you.

Supply has the meaning ascribed to it by the GST Act.

Us, we, our means HDT Special Vehicles Pty Ltd ACN 164 393 051.

Warranty Period means the warranty period for defects contained in the Australian Consumer Law.

  1. INTERPRETATION

In these Terms and Conditions, unless the context otherwise requires:

  • a reference to a person includes:
    • a corporation and government body;
    • that person’s legal representative, successors and assigns;
  • words importing the singular number or plural number include the plural number and singular number respectively;
  • words importing a gender include all genders;
  • lists, the term “including”, and similar words of illustration or example are not words of limitation;
  • rules of construction and interpretation will not apply to disadvantage a party simply because the party was responsible for drafting part or all of these Terms and Conditions;
  • where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning;
  • reference to Acts and Statutes include all Acts and Statutes amending consolidating or replacing the Acts and Statutes referred to and all regulations by laws and ordinances issued under them;
  • headings or marginal notes are for ease of reference only and do not form part of or affect the construction of these Terms and Conditions; and
  • if a party is identified as two or more persons then any agreements and undertakings on the part of either party will bind them jointly and each of them severally.
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