Terms & Conditions

Terms & Conditions

1.  All orders accepted by, and goods supplied by AA Gaskets Pty Ltd ACN 622 802 948 (“We”, “Us”, “Our”) of 29 Taras Avenue, Altona North, VIC 3025 (Tel: +61 3 9355 4400) (Email: sales@aagaskets.com.au) hereafter referred to as the “Company”, are subject to the following Terms and Conditions, unless agreed in writing by the parties.

2. Parts application data contained in the Company’s listings had been compiled from information available at the time of printing and appears as a general guide only. The correct selection of goods is the responsibility of the Customer.

3. All products supplied by the Company are guaranteed against faulty material and/or workmanship, but not against mal-treatment on incorrect fitment. Any goods which in the opinion of the Company are defective will be exchanged free of charge, provided they are returned to the Company within (30) days from the date of the invoice, freight pre-paid, but, to the extent permitted by law, no responsibility is accepted for consequential damage or labour costs.

4. The benefits of this warranty are in addition to your other rights or remedies under law. The paragraph below applies to goods acquired by “consumers” as defined by the Australian Consumer Law. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
5. Returns for credit must be received within (14) days of invoice date (Invoice number and date to be quoted), freight pre-paid. Goods and packaging must be received in a clean re-saleable condition. Goods returned may be subject to a ten percent (10%) handling charge.
6. In the execution of an order we will not entertain any claim for alleged shortage unless the Customer lodges a claim, in respect thereof, within seven (7) days of the date of receipt of goods.
7. The Company’s trading terms are Cash with Order unless credit has been arranged with the Company in writing in which case payment is required by the end of the month following that in which the invoice was issued unless other terms are indicated on the invoice.

Title and Property

8. The title to and the property in the goods (Property) will not pass from the Company to the Customer until all sums owing to the Company by the Customer have been paid in full and not withstanding any intermediate payment in settlement of any particular account. Until all debts owing to the Company by the Customer have been paid in full, the Customer is in a fiduciary relationship with the Company and is a bailee only of the goods.

9. Capitalised terms in this clause 9 have the same meaning as in the Personal Property Securities Act 2009 (Cth) (PPSA).

9.1 The Customer agrees that until title passes in accordance with clause 8, the Customer grants the Company a Security Interest in the Property and its Proceeds, including any Accounts and Accessions by virtue of the retention of title pursuant to clause 8.

9.2 The Customer agrees:

(a) the Company may effect a registration of its Security Interest on the Personal Properties Securities Register (PPSR) at its sole discretion;

(b) to provide all information necessary for the Company to register a Financing Statement (or Financing Change Statement) on the Personal Property Securities Register (PPSR) as a Security Interest and a Purchase Money Security Interest (PMSI);

(c) to provide to the Company not less than fourteen days prior, written notice of any proposed change in the Customer’s name or any other change in its details (including but not limited to change in the address, facsimile, email, trading name or business practice);

(d) to waive its right to receive a Verification Statement in respect of any Financing Statement (or Financing Change Statement), and pay the cost of any discharge or amendment of any Financing Statement (or Financing Change Statement) required by the Customer that is not a fault of the Company;

(e) reimburse the Company the full cost incurred by the Company (including legal costs and disbursements on an indemnity basis) in obtaining an order pursuant to section 182 of the PPSA;

(f) as between the Customer and the Company, where the Company has rights under this Agreement in addition to those in Chapter 4 of the PPSA, those rights will continue to apply and will not be limited by s125 of the PPSA;

(g) to the extent permitted by law, the Customer waives any rights that it may have to (and hereby contract out the following sections of the PPSA): 

(i) receive notice of removal of an accession under section 95 of the PPSA, and not to have the Property damaged when the Company removes the accession;

(ii) reinstate the security agreement pursuant to s143 of the PPSA;

(iii) receive any notice required under the PPSA, including but not limited to a notice of retention or a notice of disposal or a statement of account on enforcement of the Security Interest in accordance with ss 129(2), 130, 132 and 135 of the PPSA; and

(h) To the extent permitted by law, sections 130 and 142 of the PPSA do not apply to this agreement.

10. If the customer;

• Fails to pay the contract price in full when due.
• Pays for the goods by cheque (in whole or in part) and that cheque is not met on presentation.
• Commits any act of bankruptcy, becomes bankrupt, or is insolvent under administration, as defined in section 9 of the Corporations Law.
• Is or becomes insolvent within that meaning as given by any of section 9 subsection 95a(2) or section 922 of the Corporations Law or;
• Has a controller appointed, as defined in section 9 of the Corporations Law, in respect of any of the Customers property.

13. The Company may amend these terms and conditions from time to time, but those amendments will not take effect until the Company has notified the Customer in writing of those amendments.