Disclaimer & Legal Information

KARTMART (A.C.N 076 469 586)

Terms & Conditions of Sale

1. DEFINITION

"Kart Mart" means Kart Mart Pty Ltd A.C.N. 076 469 586;

"buyer" means the person, firm or company placing an order with Kart Mart for the supply of goods; and

"goods" means the products the subject of an order placed by the buyer.

2. PAYMENT

a) The buyer shall pay for the goods within the time stipulated on the invoice for the goods or as otherwise agreed in writing by Kart Mart.

b) Kart Mart may, if payment is not made in accordance with clause 2(a):

permanently withdraw any credit facility, at which time any outstanding amounts on the buyer’s account will be deemed to be immediately payable; or
temporarily withdraw any credit facility and place the buyer’s account on stop credit until the arrears are brought within the credit terms.

c) Any buyer who specifically negotiated payment terms at variance with clause 2(a) will in no way be deemed to have varied any other terms and conditions of this agreement unless those terms and conditions are also specifically mentioned in the negotiations.

d) In the event that the buyer fails to pay for goods within the stipulated time in clause 2(a), they shall pay Kart Mart 1.5 % per month interest on the amount due to Kart Mart.

3. RETENTION OF TITLE

a) Kart Mart retains the legal and equitable title to the goods until full payment is received from the buyer.

b) Until Kart Mart receives full payment for the goods, the buyer shall:

hold the goods as bailee for Kart Mart;
grant Kart Mart the right to enter without notice the buyer’s premises without liability for the trespass or any resulting damage to retake possession of the goods;
ensure that the goods are stored so they are clearly identifiable as the property of Kart Mart; and
not alter or change the goods so as to change their quality or nature.

c) Until Kart Mart receives full payment for the goods Kart Mart shall be entitled to repossess the goods if the buyer commits an act of bankruptcy or is declared bankrupt or becomes insolvent or enters into an agreement with creditors or if a liquidator / receiver and / or manager is appointed to the buyer or any of the assets of the buyer.

4. WARRANTIES

Kart Mart gives no express warranty made by or on behalf of Kart Mart in relation to the goods or their supply. The Trade Practices Act 1974 and the Fair Trading Act 1987 may imply certain conditions and warranties into this agreement for the benefit of the buyer. To the extent that such conditions and warranties in respect of the goods may, as between Kart Mart and the buyer, lawfully be excluded, all such conditions and warranties are expressly excluded.

5. WAIVER

If Kart Mart fails or neglects to enforce at any time the provisiobs of these terms and conditions, this shall not:

a) be construed, nor shall it be deemed to be, a waiver of Kart Mart’s right;

b) in any way affect the validity of the whole or any part of this agreement or prejudice Kart Mart’s right to take subsequent action.

6. RETURNS

a) The buyer must notify Kart Mart in writing of goods they wish to return within 14 days from the date of the invoice;

b) Kart Mart will not accept the return of goods which have been added to, modified, varied or changed by any person or party other than Kart Mart;

c) Kart Mart shall have no liability for any damage or defects in the products which have been caused subsequent to the purchaser taking possession of the goods due to improper storage, warehousing or transport, or by neglect, abuse or improper use, installation, maintenance or unauthorised repairs to the goods.

7. SEVERABILITY

In the event that any part of these terms, conditions or provisions shall be deemed invalid, unlawful or unenforceable to any extent, such terms, conditions or provisions shall be severed from the remaining terms and conditions which shall continue to be valid and enforceable to the fullest extent permitted by law.

8. LAW

Kart Mart and the buyer agree that his agreement and its provisions hall be construed in accordance with the law of the State of Western Australia and be resolved by a Western Australian court.

9. COPYRIGHT, TRADE MARKS, PATIENTS AND INTELLECTUAL PROPERTY RIGHTS

a) The buyer acknowledges any and all of the trade marks, trade names, patents, copyrights and other intellectual property rights embodies in or in connection with the products and information, documentation, parts of software relating to properties supplied by Kart Mart.

b) The buyer shall not, during or after the expiry or termination of the agreement, without the prior written consent of Kart Mart, adopt any name, trade name, trading style or commercial designation or design used by Kart Mart, reproduce any art appearing on the package of any goods or copy, sell or hire or offer for sale or hire a copy of the goods.

c) The buyer shall indemnify Kart Mart against all liabilities, costs and expenses which Kart Mart may incur as a result of work done in accordance with the buyer’s specifications or as a result of the combination or use of the goods with other parts not supplied by Kart Mart involving infringement of any patent, copyright or other proprietary right.

10. COSTS, EXPENSES & DISBURSEMENTS

All costs, expenses or disbursements incurred by Kart Mart in the maintenance of the Purchasers account including debt collection agency fees and legal costs arising;

As a consequence of the Purchaser’s default in observing the terms and conditions of sale;

As a result of any of the Purchaser’s cheques being dishonoured; or by reason of Kart Mart requiring any further security to be provided; shall be payable by the Purchaser upon demand.

Web Site (www.kartmart.com.au) Terms and Conditions

(1) KartMart provides this service in good faith, and will not be liable for any losses attained by individual(s), business(es) or other entities arising from the use of this website. Individuals, businesses and entities using this web site do so at their own risk.

Use of this web site refers to information obtained by the user from the website, advice given to the user electronically, any financial transaction occurring electronically between the user and KartMart (and its employees), over the internet (or arising from the internet), or any other course of action executed.

KartMart or any party involved with creating, designing, updating or delivering the site will not be held liable for any damages may they be direct or indirect arising from the use of the site. Your use of this site is at your own risk The user is defined as any individual, business, or other entity. The web site refers to any electronic HTML page accessible under the top domain name of www.kartmart.com.au.

(2) All material on this website is the property of KartMart.. Text, pictures, design, photographs, programming code and any other content available on the website remain the property of KartMart and is copyright.

(3) Technical specifications and price may change at any time without warning. KartMart need not give notice or warning of price or specification changes. Actual specifications may vary slightly depending on features, components and availability.

(4) All orders are subject to our terms and conditions which are available upon request. For all purchases we reserve the right to to make adjustments to information or pricing due to typographical errors, market factors or manufacturer price changes, which may occur at any time without notice.