Terms & Conditions

TERMS OF TRADE – All American Auto Parts

1. These Terms of Trade (‘Terms’) apply to every order for products you place with USA auto (AUST) PTY LTD ATF Goodman family trust (ACN 141 143 928) trading as All American Auto Parts (‘AAAP’) which is accepted by AAAP in writing or by performance of the order (‘contract’). These Terms override your terms (if any) and where there are inconsistencies between these Terms and the terms contained in any order these Terms prevail unless agreed in writing. These Terms do not create an obligation on or a promise by AAAP to supply products.   Any future order placed by you after receipt of these Terms constitutes your full acceptance to these Terms.
2. In purchasing products from AAAP you warrant that you have satisfied yourself as to the suitability of the products for their intended use. You acknowledge that except as expressly stated, AAAP do not represent the products are suitable for any particular use and no warranties for fitness for purpose apply. You must satisfy yourself as to your use of the products and ensure you conduct your own investigations as to installation of the products which must be conducted by an appropriately qualified person with due care and skill. AAAP does not warrant that any product is legal for use in your jurisdiction, or safe for use with your vehicle. You are responsible for ensuring that your use of the product is appropriate and compatible with your vehicle or other equipment, and complies with all applicable laws and regulations in your jurisdiction.
3. Whilst AAAP endeavour to ensure that Product descriptions and specifications on the Products or the AAAP website allamericanautoparts.com.au (‘the website’) are accurate, such details are based on information provided by manufacturers and suppliers, and AAAP do not guarantee that such details are accurate or free from errors or omissions. AAAP reserves the right to make any necessary corrections.
4. For products purchased on the website, the display of any items or promotions is an advertisement or offer to treat and not an offer. By placing an order, you are making an offer to buy subject to these Terms. Your order is accepted by us when we process your payment, which results in a binding contract between you and us.
5. Any installation or use instructions supplied with the products (if any) are supplied by the manufacturer and AAAP does not warrant the accuracy of such information. AAAP is not liable for and you release AAAP from any liability arising from your use of these instructions.
6. You must inspect products immediately upon delivery and notify AAAP of any damage or incorrect supply within 48 hours of delivery. Failure to notify AAAP will result in the loss of any rights you might otherwise have against AAAP for the incorrect supply, the products delivered shall be deemed to be in accordance with the contract and you shall be bound to accept delivery and pay for the products.
7. AAAP take care in packing products for delivery and products are at your risk from the time they are delivered to the postal or courier service for transit to your nominated address. AAAP shall not be liable for and you hereby release AAAP from any liability for damage to or loss of the products in transit.
8. If you are considered a Consumer for the purposes Australian Consumer Law (‘ACL’), products are sold with consumer guarantees prescribed by the Competition and Consumer Act 2010 (Cth) and this Clause shall apply. Nothing in these Terms limit, exclude or modify or purports to limit, exclude or modify the statutory consumer guarantees as provided under the ACL, as well as any other implied warranties which are precluded from exclusion or modification and these Terms are only intended to limit AAAP’s liability where the law allows.
   1. Subject to the requirements set out in the ACL, where there is a failure that amounts to a breach of such consumer guarantees, AAAP will:
      1. if the failure is a major failure (at your option) either arrange for a replacement with an identical or comparable product(s) or issue a refund of the price; or
      2. if the failure is not a major failure, (at AAAP’s option), repair or replace the product(s).
   2. Where the products are not acquired predominantly for personal, domestic or household use, AAAP’s liability is limited to either replacing or repairing the products, or refunding the price paid by you and you shall not be entitled to any consequential loss as a result of a failure by AAAP to meet the prescribed Consumer Guarantees.
9. Returns will not be accepted by AAAP if the fault or damage to the products which has made them of unacceptable quality has been caused by an accident, neglect or abnormal use by you or a third party or if you failed to take reasonable steps to prevent the product from becoming of unacceptable quality. AAAP will not accept returns of products which have been used or are not in their original condition.
10. You must obtain AAAP’s authorisation to return products before returning them. Where AAAP has indicated in writing that a return will be accepted, all products must be in their original condition and complete and undamaged packaging and proof of purchase must be supplied. You will be liable for the cost of postage or courier service to return the product to AAAP unless the return is required due to a failure of the products pursuant to the ACL.
11. If you place an incorrect order you will not be entitled to return the products for refund or exchange for another. Returns are not accepted for a change of mind unless agreed to by AAAP.
12. Any description of products is given by way of identification only and the use of that description does not constitute a sale by description. Any images displayed of the product are for illustrative purposes only and do not form part of the description of the Product. The images are not of the actual unit of product that will be dispatched to you.
13. Where permitted by law:
    1. The liability of AAAP will be limited to the cost of re-supply of equivalent products.
    2. AAAP shall not be liable for any claim of loss or expense made after 14 days from date of delivery (or at all once products have been unpacked, on-sold, installed or otherwise used or applied) after which there shall be deemed to have been unqualified acceptance of the products.
    3. AAAP (including its related entities, respective officers, employees and agents) excludes all liability (including negligence), for any personal injury or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the products and without limiting the generality of the foregoing, AAAP is not subject to, and you release AAAP from, any liability (including but not limited to consequential loss or damage) because of, inter alia: any delay in delivery or fault or defect in the products; fair wear and tear; negligent act or omission; improper use, operation, storage or handling of the products by you or your officers, employees or agents other than in accordance with any written instructions supplied with the products.
14. These Terms are governed by the laws of Victoria and constitute the entire agreement between the parties.
15. If any of these Terms are determined invalid, unlawful or unenforceable in whole or in part, such term shall be severed and the remaining terms shall continue to operate to the fullest extent permitted by law.