CUSTOMER INFORMATION

TERMS AND CONDITIONS OF TRADING (“Terms”)

FIRST AUTO PARTS PLUS PTY LTD (ACN 007 357 717) (“us” or “we”)

GENERAL

1. Definitions – Throughout these Terms:

a. “Agreement” means these Terms and any Invoice;
b. “Us” or “we” means First Auto as named above;
c. “Goods” means the spare parts, goods, materials and services supplied or provided by us to you;
d. “Invoice” means any invoice issued by us to you for the sale of Goods;
e. “Major Mechanical Items” includes Goods that are engines, gearboxes and differentials; and
f. “You” means you as the person, firm or corporation to whom each invoice is addressed, including your employees, agents, successors and assigns having apparent authority to act on your behalf, and where you consist of two or more entities, includes each entity jointly and severally.

2. Acceptance of Terms – You acknowledge that, by accepting Goods from us, you accept these Terms.

3. Entire Agreement – The Agreement constitutes the entire agreement between you and us. You acknowledge that you have not relied upon any implied or verbal representations as to any aspect of the Agreement. The Agreement cannot be varied except in writing signed by both parties.

4. Terms of Payment – Unless otherwise stated on an Invoice, payment is due seven days after the Invoice date. Overdue amounts incur interest at 2% per annum above the rate imposed by s 2 of the Penalty Interest Rates Act 1983 (Vic). You are liable for any costs we incur in recovering/attempting to recover any amount from you or in enforcing our rights under the Agreement.

5. Supply of Goods

a. Unless otherwise stated on the Invoice, time for the supply of Goods is not an essential term of the Agreement.
b. We are not liable for delay in supply or non-supply of Goods where the delay or non-supply is/was beyond its control.

6. Risk in Goods – You bear all risks associated with the Goods once we have delivered the Goods to you. For the avoidance of doubt, you may bear the risk before title in the Goods has passed from us to you.

7. Dispute resolution – Where a dispute arises and save for debt recovery matters, the parties agree that prior to commencement of legal proceedings the matter is to be mediated before a mediator approved by both parties, or, failing agreement, a mediator appointed by the Law Institute of Victoria.

8. Our Obligations – Unless expressly stated in these Terms, our obligations do not exceed in nature, extent or otherwise the obligations imposed by law.

9. Severance of void or unenforceable terms or conditions – If any term in the Agreement is found to be void or unenforceable, such invalidity or unenforceability is not to affect the remainder of the Agreement and the void or unenforceable term is to be severed in whole or in part.

10. Governed by laws of Victoria – The Agreement is to be governed by the laws of Victoria, the courts of Victoria and their appellate courts.

PROVISION OF CREDIT

11. Withdrawal of credit – Any credit facility we provide to you may be withdrawn or varied at any time at our sole discretion without prior notice to you.

12. Charge over property of Purchaser – You charge with payment of any money owing to us at any time all assets which you have or may acquire, and you agree to execute any further documents or instruments necessary to enable the registration of this charge at the Land Titles Office and/or PPSA.

13. Application of Personal Property Securities Act 2009 (Cth) (“PPSA”)

a. The sale and delivery of Goods by us to you is subject to the following:

i. Words and phrases used in this paragraph which are defined in the PPSA have the same meaning in this paragraph;

ii. “collateral” for the purposes of the PPSA means the Goods;

iii. the content of this paragraph forms a security agreement for the purposes of the PPSA;

iv. “dealing” includes you using the Goods in some manufacturing or construction process of your own or of a third party; and

v. “resale” includes any form of sale, hire, loan or other dealing in which we part with possession of the Goods.

b. No title or ownership of the Goods passes to you until we receive payment in full of all amounts owing by you in respect of the Goods, and:

i. Until Goods are paid for, you act as our agent, trustee and bailee and must store the Goods separately, securely and away from harm, mark the goods as belonging to us and insure the Goods with a reputable insurer, noting our interest;

ii. You may resell the Goods on market, but only as our agent. Any right to bind us to any liability or to any third party is expressly negated, and you will hold on trust for us, in a separate account, all proceeds of resale or other dealings with the Goods on trust for us, until you have discharged your liability to us. Such proceeds are deemed to be equal in value to the amount owing by you to us in respect of the Goods;

iii. We may appropriate payments from you to such Goods or accounts as we think fit, notwithstanding any appropriation by you to the contrary;

iv. If you do not pay for the Goods by the due date, you irrevocably authorise us to enter your premises (or, where Goods are held in other premises under your control, those premises as your agent) and use reasonable force to take possession of the Goods without liability for trespass or negligence. You indemnify us in relation to any damage caused to the premises;

v. For the purpose of giving effect to any matters contained in this clause, you irrevocably appoint us as your attorney; and

vi. The parties agree that this clause applies notwithstanding any other agreement between the parties under which we give you credit.

c. It is expressly agreed by both parties that:

i. Neither the Goods or related proceeds of sale or other dealing shall be available for general distribution among creditors of yours in the case of corporate administration, liquidation or bankruptcy;

ii. Neither the Goods or related proceeds of sale or other dealing shall be available for distribution among your secured creditors; and

iii. Loss of identity of Goods subject to resale or other dealing does not prevent the proceeds of such dealing being held on trust by you for us.

d. The content of this clause constitutes a security agreement for the purposes of the PPSA, in respect of which you agree that the Goods are not to be used predominantly for personal, domestic or household purposes. You unconditionally and irrevocably contract out of sections 95, 96, 121(4), 130, 132(1) & (4), 135, 142 and 143 of the PPSA.

e. You consent to us registering any security interest pursuant to this clause at your cost and agree to do all things necessary to register this interest pursuant to the PPSA, including the registration of a Financing Statement, Financing Change Statement and any other document required. You unconditionally and irrevocably waive the right to receive a Verification Statement in relation to the registration.

f. You undertake not to act in a way that may prejudice/interfere with our right to registration of the security interest pursuant to the PPSA; register/seek to register a Financing Change Statement in respect of the Goods without our prior written consent; or allow any further encumbrance on the Goods in favour of any third party without our prior written consent.

g. Our rights under this clause are additional to our other rights against you.

PRIVACY & SECURITY
You are our valued customer so we respect your right to personal privacy and we are not pushy or invasive.

We have a huge range at great prices every day of the year so we don’t and won’t try to bully you into buying and we’ll take care of you.

In order to operate the site and have your orders work though we need to collect certain information which we will never pass on to 3rd parties – we’re not those kinds of guys.

This statement applies to information collected on this website.

Website Content Disclaimer
We have endeavoured to ensure that the information contained in this website is both accurate and up-to-date at all times. First Auto Parts Plus is a large new and used parts centre that literally sells thousands of products per month and at some times our stock supplies may vary from what is advertised.

First Auto Parts Plus staff will always work towards providing you an offer of equivalent or better value if the item you viewed has sold out. First Auto Parts Plus does not accept any liability to any party for loss or damage incurred by reliance placed on the information contained in this website or through omission or errors, how ever so caused.

Cookies
Our online shop uses session cookies to allow the shopping cart system to work. Most web browsers automatically accept cookies but you do not have to accept them. You should read the help information within your browser to see how you can set it to notify you when you receive one. This will give you the opportunity to decide whether or not to accept it.

Collection and Use of Personal Information

We collect the following personal information from you:
* Contact Information – i.e. name, email address, mailing address, phone number
* Unique Identifiers – i.e. user name, account number, password
* Preferences Information – i.e. product wish lists, order history, marketing preferences
* Monitoring of site

In order to improve the performance of the site, we may gather certain information when you use the site and these may include details of your domain name, IP address, operating system, browser, and the address of the website that you visited prior to visiting our site.

We use this information to:
* Fulfill your order
* Send you an order confirmation
* Send you requested product or service information
* Send product updates or warranty information
* Respond to your customer service requests
* Administer your account
* Send you newsletters
* Send you marketing communications
* Administer contests and sweepstakes you entered, and notify you if you win
* Respond to your questions and concerns
* Improve our Web site and marketing efforts

Choice/Opt-Out

You may choose to stop receiving our newsletter or marketing emails by ticking the opt out button on our website – within ‘My Account’ control panel.
Security of your Personal Information

First Auto Parts Plus do not store your credit card number details. All credit card transactions are processed by using the Secure Sockets Layer – SSL method of web transmission, First Auto Parts Plus web server ensures we provide the required level of security to protect your personal information, including your credit card number.

The server encrypts all data sent and decrypts all data received with a digital ID generated by using Secure Socket Layers (SSL) encryption technology, ensuring that your information remains safe and secure.
First Auto Parts Plus do not retain or have access to your credit card details

PayPal

If you choose to use PayPal to finalise and pay for your order, you will provide your credit card details directly to PayPal. PayPal’s privacy policy will apply to the information you provide on the PayPal Web site.
Changes to Our Privacy Policy

Our Privacy Policy may change at any time without notice so please revisit this page from time to time if you wish to ensure that you are aware of any changes that may come into effect.