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Terms and Conditions

1. All orders accepted by, and goods supplied by AA Gaskets Pty Ltd ACN 622 802 948 (“We”, “Us”, “Our”) of 4/1730 Hume Hwy Campbellfield VIC 3061 (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.

The Company may;

  • Enter onto the premises where the goods are situated; and
  • Repossess the goods, notwithstanding that the goods may have been affixed to or combined with other goods (either supplied by the Company or other parties) to form a packaged item, and if necessary for that purpose, may serve the goods from such packaged items in which they may have been affixed or combined.

11. The Customer must also indemnify against, and pay the Company, all expenses, losses and damages incurred or sustained by the Company as a result of, or in relation to the Company exercising it right under:

  • This clause;
  • Under any other term, express or implied, of these conditions;
  • or Otherwise at law or in equity,

12. And any bank or other costs, charges or expenses incurred by the Company resulting from any Customers cheque not being met on presentation.

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.

Privacy Policy

Introduction

This privacy policy sets out how AA Gaskets Pty Limited (AA Gaskets) handles your personal information.

Personal information is any information about you where your identity is apparent, or can reasonably be ascertained, from the information.

AA Gaskets’ privacy policy is based on openness. Where we request information from you, we will generally state the purpose(s) for its use and to whom it may be disclosed.

Our website may contain links to third party websites. We are not responsible for the privacy policies of any third party websites. We recommend that you review the privacy policy of each website you visit.

Collection of Personal Information

The amount of personal information we collect about you depends on how you interact with us.  We will collect personal information from you if you:

  • contact us through our website using an on-line form;
  • make a product or service enquiry;
  • order a product;
  • make a product complaint or warranty enquiry;
  • complete an application or enter into an agreement;
  • receive a visit from one of our representatives;
  • subscribe to one of our mailing lists;
  • correspond with us, including by email;
  • call our Customer Service line;
  • enter a promotion or competition;
  • contact us via any of our social media forums.
The type of personal information you may provide to us includes your name, position description, address, email address, business type, telephone, age group, mobile phone number, facsimile number, credit card particulars and bank details.

By providing your personal information to AA Gaskets in this way, including by completing on-line forms and email, you agree to the collection of that information in accordance with this privacy policy.

We collect personal information from you for a number of reasons, including to:

  • sell and deliver our products and services to you;
  • respond to your questions or requests for information;
  • manage warranty claims and provide after sales service;
  • improve our service;
  • assist us forecast the future demand for our products and services;
  • send you direct marketing material electronically or by post;
  • analyse our website usage;
  • enhance the content of our website and our social media platforms;
  • keep a record of our dealings with each other; and
  • comply with legal obligations.

If you do not provide us with your personal information, we may not be able to provide you with these services.

You can generally visit our website without telling us who you are or revealing other personal information.

Credit Reporting Information

AA Gaskets may also collect financial and trading information from customers in order to establish and manage business and customer relationships. This information is securely held for internal accounting and administration purposes associated with the provision of products and services (including the extension of commercial credit) to customers and in order to enhance our business relationship and level of service.

Collection of commercial credit information is undertaken only with your consent. To complete an application to open an account or extend commercial credit we may ask you to provide: ABN numbers, business name, business structure, trading history and commercial trade references.

AA Gaskets may disclose this information to a credit reporting body or trade referees nominated by you, and receive commercial credit information about you. This credit information will only be used to assess your credit worthiness. It will not be used for the purposes of pre-screening of direct marketing by a credit provider, and will not be intentionally disclosed to entities outside Australia.

To the extent that the customer is an unincorporated entity, this is personal information covered by this policy. Information about corporate customers, which is about an identifiable person, is also personal information covered by this policy. AA Gaskets does not have a practice of collecting or holding consumer credit information covered by the Credit Reporting Privacy Code.

Enquiries for access to or correction of commercial credit information or credit eligibility information, or complaints about the failure of AA Gaskets to comply with the Privacy Act 1988 (Cth) or the Credit Reporting Privacy Code (if this binds AA Gaskets), can be made as set out below under "Access and Correction" and "Queries and Complaints".

Social Media

To customise your user experience on our website we may provide you with the opportunity to connect, access and/or interact with third-party social networking services, such as Facebook Google+ and Instagram. If you connect to these third-party social networking  services, including to participate in one of our promotional campaigns, you are authorising AA Gaskets to access and use certain information from your social network profile. You can opt-out of authorising AA Gaskets from collecting or accessing your information when you are not using the application and you can cancel this service at any time by deleting the application from your social network account.

Disclosure to Third Parties

AA Gaskets recognises the trust you place in us when you give us your personal information and so will not give your personal information to third parties unless:

  • you have given us your consent to do so;
  • it is necessary for us to do so to fulfil the primary purpose(s) for which we collected your personal information;
  • you would reasonably expect us to disclose it for a related purpose; or
  • we are required to do so by law.

The third parties we will typically share your personal information with include companies in our own corporate group (including in New Zealand), your authorised representatives and service providers which we use to conduct our business, functions and activities. These organisations may be involved or conduct:

  • mailing, shipping or courier operations;
  • information technology services;
  • legal, auditing, accountancy or other professional services;
  • credit reporting services;
  • promotions and competitions;
  • repair, installation or maintenance services;
  • insurance services;
  • market research;
  • billing and debt collecting functions;
  • website usage analysis

We will take reasonable steps to ensure that your personal information is disclosed to such third parties in accordance with this privacy policy and on a confidential basis.

Cross Border Disclosure

Personal information may be disclosed to companies within our own corporate group in New Zealand. If we disclose personal information in countries outside Australia, we will only do so in compliance with applicable Australian data protection and privacy laws and if we reasonably believe that the information will remain subject to principles for fair handling of the information which are substantially similar to the applicable Australian privacy laws.

Website data and cookies

When you visit our website, we may collect your server address, domain name and information regarding the pages which you visit and links that you click on. This information is used for statistical and website development purposes only.

A cookie is a piece of information that our web server may transfer to your hard drive for record-keeping purposes. The cookie is stored on your computer, but does not identify you or give us any information about your computer. Cookies can facilitate your ongoing access to and use of our website. They allow us to track usage patterns and to compile data that can help us improve our content and target advertising. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. But you should note that cookies may be necessary to provide you with features such as browser history, merchandise transactions or registered services.

Sensitive Information

We will only collect sensitive information from you relating to race, ethnic origin, membership of political bodies, religion or trade unions, sexual preferences or activities, criminal record, state of health and medical history with your consent and only use it for the purposes for which it is provided. We do not typically collect such information.

Security

The security of your personal information is of great importance to us, and we take reasonable steps to:

  • keep your personal information secure in a combination of secure computer storage, hard copy files and other access-controlled records; and
  • ensure your personal information is protected from misuse, interference, loss and from unauthorised access, modification or disclosure.

We will endeavour to destroy or de-identify your personal information when it is no longer needed for the purpose for which it was provided, unless a legal exception applies.

Access and Correction

We will take all reasonable steps to ensure that your personal information which we collect, use or disclose is relevant, accurate, complete and up-to-date. We appreciate you assisting us by letting us know if your personal information has changed.

You have a right of access to most personal information we hold about you and the right to correct or update your personal information. This right is subject to certain exceptions allowed by law. To request access, please contact our privacy officer, whose contact details are set out below. We will need to verify your identity before meeting your request, which we may require in writing, and we will process it in a reasonable time.

Queries and Complaints

If you have any queries relating to our privacy policy, would like more detail as to our privacy practices or believe that a breach of this privacy policy may have occurred, you may contact our privacy policy by email, post or telephone as follows:

The Privacy Officer
AA Gaskets Pty Ltd

4/1730 Hume Highway

Campbellfield VIC 3061


Phone: +61 3 9355 4400
Email: cs@aagaskets.com.au

If we become aware of any ongoing concerns or problems, we will take these issues seriously and work to address these concerns with you. If, however, you are not satisfied with our response, you may contact the Office of the Australian Information Commissioner on 1300 363 992 .

AA Gaskets Pty Ltd is a wholly owned subsidiary of GUD Holdings Limited.

Updates

From time to time, AA Gaskets’ policies will be reviewed and may be revised. We reserve the right to change this privacy policy at any time and notify you by posting an updated version on our website at www.aagaskets.com.au

Disclaimer

The information provided on this website is for use of a general nature only and is not intended to be relied upon as, nor to be a substitute for, specific professional advice. No responsibility for loss occasioned to any persons acting on or refraining from action as a result of any material in this publication can be accepted.

The type of personal information that we collect from you will depend on how you use our website. You can be certain that the information we receive about you will be treated as strictly confidential.