In these Terms and Conditions of Sale (“Terms”), “Goods” means the goods subject of the Contract; “Dobinsons Spring & Suspension™” means the entity selling the Goods; “Client” means the entity purchasing the Goods; “Contract” means each contract between Dobinsons Spring & Suspension™ and Client for the sale and purchase of Goods.
Title to the goods will not pass to the Client until the following is completed:
- Dobinsons Spring & Suspension being paid in full under all Contracts.
Until the Goods pass to Client, Client must:
- Hold the Goods as bail for Dobinsons Spring & Suspension™ and keep them in good order and condition; and
- Not remove any markings placed by Dobinsons Spring & Suspension and ensure that the Goods can be readily identified and distinguished from other property in Client’s possession; and
- Deliver the Goods to Dobinsons Spring & Suspension™ immediately upon demand and, for this purpose, Dobinsons Spring & Suspension™ is authorized to enter at any time any premises in which the Goods may be located (the costs incidental to which will be borne by Client).
Quotations & Orders
Any quotation made by Dobinsons Spring & Suspension™ will not be construed or operate as an offer or obligation to sell. Dobinsons Spring & Suspension™ reserve the right to accept or reject in its absolute discretion any order received. Client will not be entitled to cancel or refuse delivery of, or payment for, any order made by him, which has been accepted by Dobinsons Spring & Suspension™.
The price payable to Dobinsons Spring & Suspension™ by Client for the Goods will be the price agreed, failing which it will be the price prevailing at the date the Goods are dispatched by Dobinsons Spring & Suspension™ for delivery to Client. Prices are payable in Australian currency and exclusive of delivery costs, taxes, duties and other imposts which, if chargeable, are payable by Client. Prices quoted in any Dobinsons Spring & Suspension™ price list are suggested prices only and may be changed by Dobinsons Spring & Suspension™ without notice.
All Goods will be paid for in full before receiving or dispatching of Goods from Dobinsons Spring & Suspension™ unless previously arranged.
Buyer acknowledges that the Goods leaving Dobinsons Spring & Suspension’s premises are adequately packed. Claims for damage in transit must be made against the carrier and, while Dobinsons Spring & Suspension™ will not accept liability for any damage, details of any claim must be promptly advised to Dobinsons Spring & Suspension™. Prior to acknowledging delivery to the carrier, Client must ensure that the complete consignment has been received as specified in the carrier’s note. Any shortage or visible damage to outer packaging must be endorsed on the carrier’s note. Any shortages and/or damages must be reported to Dobinsons Spring & Suspension™ within 72 hours of receipt.
Implied Terms, Limitation of Liability & Client Indemnity
Subject to these Terms, Dobinsons Spring & Suspension™ will not be liable for any loss, damage, expense or injury of any kind or nature suffered or incurred by Client or any other person, arising out of or in connection with, the Contract (including, without limitation, liability due to negligence or wilful default of Dobinsons Spring & Suspension™ and any delay in delivery) or any error (whether negligent or not) in information supplied to Client in connection with its subject matter or the use, possession or delivery of the Goods or the exercise by Dobinsons Spring & Suspension™ of its right under Breach by Client will indemnify Dobinsons Spring & Suspension™ in relation to any such loss, damage, expense or injury.
Despite any other term or condition of the Contract, Dobinsons Spring & Suspension™ will not be liable for any loss, damage, expense or injury of any kind or nature suffered or incurred by Client or any other person, arising out of or in connection with any delay in delivery, or failure to perform any other term or condition of the Contract where that delay or failure is caused by an act of God, fire, labour dispute, civil commotion, intervention of a government, inability to obtain labour, materials or manufacturing facilities, accidents, interruptions of or delay in transportation or any other cause beyond Dobinsons Spring & Suspension’s reasonable control.
Breach by Client
If Client breaches a Contract or Dobinsons Spring & Suspension™ is not satisfied of a Client’s ability to pay or otherwise comply with each Contract, Dobinsons Spring & Suspension™ may by notice to Client, but without compensation, terminate every Contract, suspend or cease deliveries under all Contracts, set-off all deposits against amounts due and make all amounts then outstanding by Client to Dobinsons Spring & Suspension™ immediately due and payable.
Errors and Omissions
Dobinsons Spring & Suspension™ has the right to correct any clerical errors or omissions, whether in computation or otherwise in any quotation, acknowledgment, or document forming part of a Contract. Although care has been taken to ensure the accuracy of the data contained in this publication, Dobinsons Spring & Suspension™ does not assume any liability for errors or omissions.
Dobinsons Spring & Suspension™ at its sole discretion will repair or replace any products supplied by them that are found to be defective in either materials or workmanship providing that Dobinsons Spring & Suspension™ are actually notified in writing from the Client of the alleged defect within two years (2 years) from date of invoice for Coil Springs, Leaf Springs and Shock Absorbers, and within twelve months (12 months) from date of invoice for all other parts. Any claim not made within this period shall conclusively be deemed waived by the Client. Repair or replacement is pre-conditioned on the examination of the goods which on instructions from Dobinsons Spring & Suspension™ on, should be returned for further inspection to Dobinsons Spring & Suspension™ or to an Approved Importer.
Coil Springs listed in this catalogue have a 2 year warranty against the following:
- Faulty Manufacture
- Sagging (being loss of free height of more than 10mm)
Leaf Springs listed in this catalogue have the 2 year warranty against the following:
- Faulty Manufacture
- Sagging (being the loss of free camber by more than 12mm)
Shock Absorbers listed in this catalogue have a 2 year warranty providing the vehicle does not have a modified exhaust system.
Fridges listed in the catalogue have a 5 year warranty on the motor and a 1 year warranty on all other parts against:
- Faulty Manufacture
Winches listed in the catalogue have a 2 year warranty against:
- Faulty Manufacture
All other accessories listed in the catalogue have a 1 year warranty against:
- Faulty Manufacture
Dobinsons Spring & Suspension™ products are designed for normal use and are in no way, covered under warranty should the vehicle be used in any form of extreme sports, competition racing or produce lift of 50mm or more. It is the responsibility of the fitter, to ensure that the customer or the owner of the vehicle is aware of the warranty conditions under which the products have been sold. It is highly recommended that the words ‘Suspension Components Fitted are for Normal Use Only. Warranty Void if used in extreme conditions” is written on their receipt to avoid any confusion.
Dobinsons Spring & Suspension™ will not pay for costs incurred in forwarding or returning goods. This warranty does not cover and Dobinsons Spring & Suspension™ makes no warranty with respect to; (1) any merchandise that is abused, misused, misapplied, neglected or altered; or that is improperly or incorrectly installed or maintained or used; or that is subjected to abnormal conditions of use, temperature, moisture, dirt or corrosive matter; (2) Goods bought for industrial, mining or agricultural use; (3) Goods no longer required by Client; (4) Goods incorrectly chosen by Client; (5) Goods modified or altered by client; and (6) any merchandise, materials, parts or other components supplied by someone other than Dobinsons Spring & Suspension™.
Dobinsons Spring & Suspension™ shall not be liable for any expenses incurred by Client in order to remedy any defect in its product. Dobinsons Spring & Suspension™ shall not be liable for any consequential, special, indirect or contingent damage or expense arising Directly or Indirectly from any defect in its products or from use of any products.
Client agrees to indemnify and hold Dobinsons Spring & Suspension™ harmless from and against any loss, injury or damage, to person or property, that extends beyond the warranties set forth above, whether the claims against
Dobinsons Spring & Suspension™ or the damages are incidental or consequential.
Installation of aftermarket items to your vehicle may adversely affect, void or violate the Manufacturers terms of warranty on your vehicle. Review the terms of your vehicle warranty prior to purchase and/or installation of any aftermarket part or accessory. Dobinsons Spring & Suspension™ does not make any representations or warranties of any kind as to suitability or fitness for a particular vehicle or purpose. Dobinsons Spring & Suspension™ shall not be responsible or liable for direct or indirect damages as a result of the purchase and/or installation of these aftermarket products.
Terms and Conditions
The only terms of the Contract are those agreed to in writing by Dobinsons Spring & Suspension™, these Terms (to the extent they are not inconsistent with terms agreed to in writing by Dobinsons Spring & Suspension™) and those which are implied or imposed by law (including the Trade Practices Act 1974) to the extent that it is not lawful or possible to exclude them. All other terms, conditions and warranties are expressly excluded. If a conflict arises between the terms of any order made by Client and these Terms, these Terms will prevail. An agreement to deliver the Goods in installments is taken to be separate Contract for each installment. The laws of Queensland govern these Terms and Conditions and any Contract that includes them and Dobinsons Spring & Suspension™ and Client submit to the jurisdiction of the courts of the State. If a term is held to be unenforceable, the remaining terms will apply.
Dobinsons Spring & Suspension™ will not be liable to the Client in the event that delivery of goods is delayed irrespective of the cause.