TERMS & CONDITIONS

FIRST AUTO PARTS PLUS PTY LTD (ACN 007 357 717)

(“we”, “our”, “us”)
Effective Date: 13/10/2025
Last Updated: 13/10/2025

1. Introduction and Acceptance

Welcome to our website. If you continue to browse, use, or make a purchase through this site, you are agreeing to comply with and be bound by these Terms and Conditions of Use (“Terms”), which together with our Privacy Policy govern First Auto Parts Plus Pty Ltd’s relationship with you in relation to this website and any goods or services you purchase from us.
If you do not agree with any part of these Terms, please do not use our website or proceed with any purchase.
By placing an order on our website, creating an account, or otherwise interacting with us online, you acknowledge that you have read, understood, and agree to be bound by these Terms.

2. Definitions

Throughout these Terms:
a. “Agreement” means these Terms and any invoice, order confirmation, or online checkout record;
b. “Goods” means spare parts, goods, materials, and services supplied or provided by us to you;
c. “Invoice” means any invoice issued by us to you for the sale of Goods;
d. “Major Mechanical Items” includes engines, gearboxes, and differentials;
e. “You” means the person, firm, or corporation purchasing from us, including your employees, agents, successors, and assigns, and where two or more entities are involved, each entity jointly and severally.

3. Entire Agreement

a. The Agreement constitutes the entire agreement between you and us.
b. You acknowledge that you have not relied on any verbal, implied, or prior representations as to any aspect of the Agreement.
c. Any variation must be in writing and signed or electronically accepted by both parties.

4. Orders and Acceptance

a. All prices are listed in Australian Dollars (AUD) and include GST unless otherwise stated.
b. Order confirmations are acknowledgements only and do not constitute acceptance.
c. Orders are accepted once full payment has been received and a dispatch confirmation has been issued.
d. We may cancel or refuse any order in circumstances including, but not limited to:
i. stock unavailability;
ii. suspected fraudulent activity; or
iii. pricing or listing errors.

5. Payment Terms

a. Payment must be made in full at checkout unless otherwise agreed in writing.
b. For approved trade or credit accounts, payment is due seven (7) days from the invoice date.
c. Overdue amounts incur interest at two percent (2%) per annum above the rate imposed by section 2 of the Penalty Interest Rates Act 1983 (Vic).
d. You are liable for any costs incurred by us in recovering overdue amounts or enforcing our rights under the Agreement.

6. Supply and Delivery

a. Unless otherwise stated, time for supply is not an essential term.
b. We may, at our discretion, supply Goods that are of equivalent make, model, or specification where the exact item ordered is unavailable, provided the replacement performs the same function to the same or higher standard.
c. Where a substituted item is supplied, you will be notified, and you may elect to:
i. accept the replacement; or
ii. return the item in unused condition for a full refund or exchange.
d. We are not liable for any delay or non-supply caused by circumstances beyond our reasonable control.
e. Risk in the Goods passes to you once delivery is made to your nominated address, carrier, or agent, even if title has not yet passed.
f. Delivery timeframes provided are estimates only.

7. Title and Security Interest (PPSA)

a. Title to the Goods does not pass to you until full payment has been received.
b. Until full payment is made, you:
i. hold the Goods as our bailee and trustee;
ii. must store the Goods separately, clearly marked as our property, and insure them with a reputable insurer noting our interest; and
iii. may resell the Goods only as our agent, holding sale proceeds on trust for us.
c. We may, if payment is not made by the due date, enter your premises or any premises under your control and take possession of the Goods using reasonable force, without liability for trespass.
d. These provisions constitute a security agreement for the purposes of the Personal Property Securities Act 2009 (Cth) (“PPSA”).
e. You consent to us registering our security interest and waive any right to receive a verification statement.
f. You agree not to register, or permit registration of, any other interest or encumbrance in the Goods without our written consent.

8. Returns and Cancellations

a. You may cancel an order in writing prior to dispatch. You remain liable for any reasonable costs incurred by us up to the date of cancellation.
b. We may, at our discretion, accept returns within seven (7) days of the sale date if:
i. Goods are returned in original condition with proof of purchase; and
ii. the Goods were not custom-made for you.
c. Electrical components may be tested prior to refund, and testing costs may be deducted.
d. Return freight costs are your responsibility unless otherwise agreed in writing.
e. Deposits or partial payments may be used to offset costs incurred in cancellation.

9. Major Mechanical Items

a. Labour costs for the installation or removal of Major Mechanical Items are not included in the sale price unless expressly stated in writing.
b. Engines are sold in long-bare condition; accessories and manifolds, if fitted, are not guaranteed to be correct for your vehicle.
c. You must inspect and confirm compatibility prior to installation and transfer necessary components from your original unit.
d. You indemnify us for any damage or loss caused by improper installation, overheating, lack of maintenance, or continued use of faulty components.

10. Warranty and Consumer Rights

a. These Terms operate in addition to your rights under the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law (“ACL”).
b. We warrant that:
i. Spare parts sold will be of acceptable quality for three (3) months from the date of sale; and
ii. Rust-free panels will remain rust-free for twelve (12) months in normal atmospheric conditions.
c. Warranty claims must be lodged at the original outlet with proof of purchase.
d. Subject to clause 10(e), we will repair or replace defective Goods, using new or used components at our discretion, and reimburse reasonable return postage where pre-approved.
e. Warranties do not apply where:
i. Goods are incomplete, damaged, altered, dismantled, or repaired without our authorisation;
ii. Major Mechanical Items are defective due to overheating, insufficient or incorrect oil or lubricant, poor maintenance, or misuse; or
iii. You continue to use Goods showing signs of malfunction without notifying us.
f. In the event of a successful claim, third-party repair work may only proceed with our written authorisation.
g. Subject to the ACL, we are not liable for any consequential loss or damage arising from failure of Goods.

11. Limitation of Liability

a. To the extent permitted by law, our liability is limited to the repair or replacement of the Goods or refund of the purchase price.
b. We are not liable for any indirect, incidental, or consequential losses including, but not limited to, loss of profits, business interruption, or downtime.
c. Nothing in these Terms excludes your statutory rights under the ACL.

12. Credit Facilities

a. Any credit facility we provide may be withdrawn or varied at any time at our sole discretion without prior notice.
b. You charge, as security for payment of all money owing, all present and future assets, and agree to execute any further documentation required for registration of this charge.
c. Our rights under this clause are in addition to any other rights or remedies available under law.

13. Dispute Resolution

a. Except for debt recovery actions, the parties agree to attempt mediation before commencing legal proceedings.
b. Mediation shall be conducted before a mediator jointly approved by the parties or, failing agreement, appointed by the Law Institute of Victoria.

14. Privacy and Data Security

a. Personal information collected through this website is handled in accordance with our [Privacy Policy].
b. Payment information is processed through secure, PCI-compliant third-party gateways.
c. We do not store full credit-card details on our servers.

15. Website Use and Information Accuracy

a. The content of this website is provided for your general information and use only. It is subject to change without notice.
b. While we take reasonable care to ensure accuracy, neither we nor any third parties make any warranty as to the timeliness, performance, completeness, or suitability of information and materials provided.
c. You acknowledge that such information may contain inaccuracies or errors, and we expressly exclude liability for any such inaccuracies to the fullest extent permitted by law.
d. Your use of any information or materials on this website is entirely at your own risk, and it is your responsibility to ensure that any products, services, or information available through this site meet your specific requirements.

16. Website Ownership and Intellectual Property

a. This website contains material owned by or licensed to First Auto Parts Plus Pty Ltd, including, but not limited to, design, layout, look, appearance, graphics, and text.
b. Reproduction of any part of the website is prohibited except in accordance with the site’s copyright notice or with our prior written consent.
c. All trademarks reproduced on this website that are not the property of, or licensed to, us are acknowledged on the site.
d. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

17. External Links and Third-Party Sites

a. This website may include links to external websites for your convenience and information.
b. Such links do not signify endorsement, and we accept no responsibility or liability for the content of any linked site.
c. You should exercise your own discretion and judgment before relying on information obtained from third-party sites.

18. Governing Law

a. Your use of this website and any dispute arising out of such use or purchase is subject to the laws of Australia, specifically the State of Victoria.
b. Both parties submit to the exclusive jurisdiction of the courts of Victoria and their appellate courts.

19. Contact Details

First Auto Parts Plus Pty Ltd
ABN 67 007 357 717 | ACN 007 357 717
Address: 40 Brunel Road Seaford Victoria 3198
Email: sales@firstautoparts.com.au
Phone: 03 8770 2222