Terms & Conditions
1. Application and acceptance
1.1 These Terms and Conditions (“Terms”) apply to any sale of goods or supply of services by Elite Class Rides to a customer (“you”, “your”, “the Customer”).
1.2 By placing an order, paying an invoice or otherwise requesting services from Elite Class Rides, you agree to be bound by these Terms.
2. Definitions
For the purposes of these Terms:
“Company” means Elite Class Rides;
“Goods” means the products, parts or motor vehicles sold by the Company;
“Services” means repairs, maintenance, parts fitting, administration and other services provided by the Company; and
“Price” means the amount payable for Goods or Services (including GST where applicable).
3. Order, acceptance and variations
3.1 Orders are subject to acceptance by the Company. The Company may refuse or cancel any order in its discretion.
3.2 The Company may, by notice, vary any delivery date or specification for Goods or Services where reasonably necessary. Cost adjustments resulting from variations will be notified to the Customer.
4. Price and payment
4.1 Prices are as quoted and are in Australian dollars, exclusive of GST unless stated otherwise.
4.2 Payment terms are as stated on invoices. If no terms are stated, payment is due on delivery or supply. The Company may require deposit or full payment prior to commencing work or ordering parts.
4.3 The Company may charge interest and recovery costs for overdue accounts.
5. Delivery and risk
5.1 Delivery dates are estimates only. The Company is not liable for loss or damage arising from delay.
5.2 Risk in Goods passes to the Customer on delivery. Title remains with the Company until the Company has received payment in full for the Goods and any other outstanding amounts owing by the Customer.
6. Consumer guarantees and warranties
6.1 If you are a consumer as defined by the Australian Consumer Law, you have consumer guarantees under the Australian Consumer Law which cannot be excluded, restricted or modified. Where consumer guarantees apply, nothing in these Terms limits your rights under those guarantees. :contentReference[oaicite:4]{index=4}
6.2 To the extent permitted by law, the Company provides no other warranties beyond those expressly stated. The Company’s liability for breach of non-excludable consumer guarantees is limited, at the Company’s option, to repair, replacement or refund as permitted by law.
7. Returns, refunds and cancellations
7.1 Returns and refunds will be handled in accordance with applicable law. For change-of-mind returns the Company may, at its discretion, accept returns subject to restocking and handling charges.
7.2 Where the Company or its suppliers are unable to supply ordered Goods, the Company will notify the Customer and offer a refund or alternative goods.
8. Liability and indemnity
8.1 To the maximum extent permitted by law, the Company’s liability for loss or damage arising from any act or omission is limited to the Price paid for the particular Goods or Services.
8.2 The Company is not liable for indirect, special or consequential loss (including lost profits), except to the extent that such liability cannot be lawfully excluded.
8.3 The Customer indemnifies the Company against any claim, loss or liability arising from the Customer’s use or misuse of Goods or Services, except where caused by the Company’s negligence or wilful misconduct.
9. Title and personal property securities
9.1 Title in Goods remains with the Company until payment in full is received. The Customer must hold the Goods as bailee and must not sell, encumber or dispose of them until title passes.
9.2 The Customer agrees the Company may register a security interest over goods and the Customer’s rights where permitted under the Personal Property Securities Act 2009 (Cth).
10. Intellectual property
10.1 All intellectual property rights in materials provided by the Company remain the Company’s property. The Customer must not reproduce or use those materials except as authorised.
11. Privacy and personal information
11.1 By dealing with the Company the Customer consents to the Company collecting, using and disclosing personal information in accordance with the Company’s Privacy Policy. If the Privacy Act 1988 applies, the Company will handle personal information in accordance with that Act and the Australian Privacy Principles. :contentReference[oaicite:5]{index=5}
12. Force majeure
12.1 The Company will not be liable for any failure or delay due to events beyond its reasonable control, including but not limited to strikes, natural disasters, inability to obtain materials, pandemics, shortages, transport delays or government actions.
13. Termination
13.1 The Company may suspend or terminate the supply of Goods or Services if the Customer breaches these Terms or becomes insolvent. On termination, amounts owing to the Company become immediately due.
14. Dispute resolution and governing law
14.1 The Terms are governed by the laws of Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Queensland. :contentReference[oaicite:6]{index=6}
14.2 The parties should first attempt to resolve disputes by negotiation in good faith. If unresolved, either party may pursue other remedies available at law.
15. Notices
15.1 Notices under these Terms must be in writing and sent to the contact details provided by the parties. Notices to the Company may be posted to the postal address in section 2.
16. General
16.1 These Terms, together with any document expressly referred to in them, constitute the entire agreement between the parties in relation to their subject matter.
16.2 If any provision of these Terms is invalid or unenforceable it may be severed without affecting the remainder.
16.3 No waiver of a right under these Terms is effective unless in writing and signed by the party granting the waiver.
17. Consumer information (where relevant)
17.1 If you are acquiring Goods or Services for personal, domestic or household use, your statutory rights under the Australian Consumer Law apply; to the extent permitted by law, these Terms are subject to those rights.
Email: info@eliteclassrides.com.au
Phone: +61 468 798 302
Mail: 960 Lytton Road Murarrie Brisbane Qld Australia 4172
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