Terms & Conditions
1.1 Unless otherwise inconsistent with the context the word person shall include a comparison and vice versa.
1.2 Words importing the singular shall include the plural and vice versa
1.3 We, our and us means Adelaide Trading Co Pty Ltd t/a Zoot
Scooters and it successors and assign’s
1.4 You, your and yourself means the person purchasing the goods.
1.5 GST means any goods and services tax.
Terms and Conditions
2. Unless we vary these Terms and Conditions in writing to you, these Terms
and Conditions apply in every contract for the supply of goods made
between us as supplier and you as buyer and any terms and conditions contained in any order, offer, acceptance or other document and all representations, statements, terms,conditions and warranties (whether
implied by statute or otherwise) not embodied in these Terms and
Conditions are expressly excluded to the fullest extent permitted by law.
3. . None of our employees, agents or contractors may vary or add to
these Terms and Conditions nor make any representations about the performance, specifications or fitness for purpose of our goods other than those specified in our authorised written material. all such unauthorised warranties and representations are expressly excluded.
Good and Services
4. We may alter our range of goods and services from time to time.
5. Orders given by you are subject to our acceptance and we may
decline an order. You may not cancel an order, nor delay delivery
once we accept your order unless we agree in writing.
6. Prices quoted are for delivery ex-our store and do not include handling
or transport charges. We will invoice all orders at our current prices,
which we may alter from time to time.
7. If GST is payable on any supply made by us pursuant to any contract for
supply of goods between us as supplier and you as buyer, the amount
otherwise payable by you will be increased by the amount of the GST.
8. Any date quoted for delivery of the goods is an estimate only and in
the absence of a written guarantee providing for liquidated damages
for failure to deliver by the quoted date, we will not be liable for any
loss or damage howsoever arising even if arising out of any negligence
on our behalf for failure to deliver on or before the quote dated.
9. We will make goods available to you at our store or, at your request and
expense, we will cause the goods to be delivered to your premises. If
you do not specify a method of delivery then we may decide the method
but carriers will be agents only. You are to arrange for insurance of
the goods in transit for the full insurable value of the goods. If we are
unable to deliver because of any cause beyond our control, we are not
liable for any direct or indirect consequential loss whatsoever.
10. A claim for shortages in delivery or damage must be received by us in
writing within 24 hours of receipt of the goods. Claims after this period
will not be accepted.
11. A signed delivery docket will be conclusive evidence of delivery of the goods.
12. Risk in the goods passes from us to you when goods leave our store
whether by delivery to you or for transport to you.
13.You must pay to us a deposit of 20% of the invoice total at the time you make an order.
14. You must accept and pay us the balance of the invoice total when the
goods are delivered to you.
15.Payment is not deemed to be made until we are in receipt of the full
purchase price, including any amount of GST and delivery costs, in
16. The Scooter is subject to 24 months or 10,000 km’s warranty except for consumables (see item 19) beginning on the date of delivery provided that such goods are serviced in accordance with the manufacturers recommendation and are correctly operated, maintained and stored. This warranty does not cover goods damaged by misuse, abuse, neglect, lack of maintenance, accident, or improper repair or alteration (other than by us).
17. During the warranty period we will replace faulty good at our discretion. You must return the scooter for the first service within 300 kilometres of new delivery and every 2000 kilometres or 12 months there-after with no more than 200 kilometres over the service limit due, or the warranty is void. Please note warranties are NOT transferable. De-restriction voids all warranties. In the event of a break down it is the owners’ responsibility to return the scooter to our premises for repairs.
18.If we are unable to rectify any fault or damage to goods to which this warranty clause applies within 60 days after you have delivered such
goods to us, we may at our discretion replace the goods. In such
circumstances you will be responsible for the costs of transferring any
registration. If it is not possible to replace the goods in an identical colour, we may provide the replacement goods in a different colour.
19. Drive belts, batteries, cables, filters and other consumables are not covered by this warranty.
20. Except as required by legislation or any mandatory operation of law,
we will not refund the price of the goods.
21. Except as provided in these Terms and Conditions or as required by
mandatory operations of law, all conditions or warranties express or
implied in respect of goods supplied are excluded.
22. Where legislation, including without limitation the Competition and
Consumer Act 2001 (Cth) and equivalent State or Territory legislation permits us to limit our liability for a breach of any non-excludable condition or warranty, then our liability is limited (at our option) to:
(a) the replacement of the goods or the supply of equivalent goods;
(b) the repair of goods;
(c) the payment of the cost of replacing the goods or acquiring
equivalent goods; or
(d) the payment of the cost of having the goods repaired.
23.. Except where required by mandatory operation of law, we will not be
liable for any personal injury, indirect, special or consequential loss or damage suffered by you or any other person.
24. If by reason of any fact, circumstance, matter or thing beyond our
reasonable control, we are unable to perform in whole or in part any
obligation under this contract, we will be relieved of that obligation
under this contract to the extent and for the period that we are unable
to perform and will be liable to you in respect of such inability.
25. If you breach any contract with us, or if you are an individual and
commit an act of bankruptcy under the Bankrupt Act 1966 (Cth), or
if you are a company and become an externally administered body
corporate under the Corporations Act 2001 (Cth), we may (in addition
to our other rights) suspend or terminate any other contract with you
by giving written notice to you. You are still to pay us for goods and
services already delivered under the contract in question. In addition
to those rights, if you default or become insolvent we reserve our rights
as a seller under the Sale of Goods Act 1895 (SA)
26. This contract of supply is governed by the laws in force in the State
of South Australia and you submit yourself to the non-exclusive
jurisdiction of the courts of the State of South Australia.
27. No failure by you to acknowledge these Terms and Conditions, and
no supply of goods or services in such circumstances, will raise
any implication that these Terms and Conditions have not been
incorporated into, or have been waived in any way in respect of, the
contract for supply of the goods or services. By placing an order with
us you are deemed to have accepted these Terms and Conditions.
28. If we elect not to exercise any of our rights arising as result of a breach
of these Terms and Conditions this election will not constitute a waiver
of any rights relating to any subsequent or other breach.