ZQ Pty Ltd ACN 609 144 587 trading as ZQRacing
1. Acceptance of Terms
(a) This site is owned and operated by ZQ Pty Ltd ACN 609 144 587 trading as ZQRacing (we, us).
(c) If you do not agree to these terms, please exit this Site immediately.
2. Registering as a User
2.1 Setting up a registered user account
You may set up a registered user profile any time or at check out, free of charge. Becoming a registered user means that you can access additional functionality on the Site, such as storing your contact details and a history of your orders. By registering as a user, you:
(a) agree to keep your Site login id and password confidential and secure, and not disclose it to anyone;
(b) warrant that your Profile:
(i) is true and submitted in good faith; and
(ii) is your own and not that of another person or business; and
(c) if registering on behalf of a company, you represent and warrant that you are authorized to bind that company to these terms.
2.2 Managing your registered user account
You can manage your account preferences by logging into your account on the Site.
2.3 Registered user account cancellations
(a) You may cancel your registered user account at any time for any reason, by emailing us at firstname.lastname@example.org. Please allow up to 4 Business Days for us to process your deregistration request.
(b) We reserve the right to cancel your registered user account at any time for any reason.
2.4 Consequences of account cancellation
If your registered user account is revoked for any reason then in addition to any other rights we may have:
(a) your right to use the Site will immediately be limited to the portions of the Site which do not require registration;
(b) we will immediately deactivate your Profile;
(c) we may retain records relating to your Profile following termination of this agreement for any reason, in accordance with general legal and accounting requirements; and
(d) we reserve the right to delete any data associated with your registered user account.
3. Your Rights and Obligations
(a) You agree to:
(i) comply with this agreement and all applicable laws and regulations; and
(iii) use the Site in good faith.
(b) You warrant that the information you have supplied to us is correct and current, and that you are over 18 years of age and authorized to make this transaction.
(c) You must not disclose your Site login id and password to any other person. You are responsible for any transactions made using your Site login id and password.
(d) You must not scrape information from the Site without our written consent.
(e) You must ensure that any Product you Order is used in accordance with its specifications and with this agreement.
(f) If you subscribe to our mailing list, you agree that we may send you information and special offers from our store and affiliates. You can unsubscribe at any time.
4. Product Information
(a) We endeavor to ensure that the Products and descriptions of them on the Site are accurate. We do not, however, promise or represent that the Site is accurate or free from errors or omissions. We reserve the right to make any necessary corrections. It is your responsibility to verify that the Product you have selected is suitable for your intended purposes.
(b) We display images of each Product on the Site. These images 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. There may be minor differences in packaging or design on some Products. Please be aware that colors appear differently on different monitors.
(c) You acknowledge that despite our reasonable precautions, Product/s may be listed at an incorrect price, or with incorrect availability or other information, due to typographical errors or oversight. In such circumstances, we reserve the right to cancel your Order under clause 4.3.
(d) We may change our Product offering and the respective prices at any time without notice to you.
(a) Products are generally noted on the Site as being available, having limited availability or being out of stock. Products which are out of stock and will be restocked soon can be still purchased as a pre-order with notice given, you can also ask us to notify you when the Product becomes available.
(b) While Product availability information is updated at frequent intervals, we sell high volumes of stock and cannot guarantee availability. If your Order contains a Product which is not available for immediate dispatch, we will contact you to advise you and give you the option of:
(i) canceling your Order, or deleting that Product from the Order, in which case we will refund you for the price you paid for the canceled Product/s, and refund or adjust for any difference in delivery charges; or
(ii) placing that Product on back order (if available), in which case we will dispatch the Product to you when it becomes available (generally within 3 Business Days). You must pay in full for the Product before we will place it on backorder. We may however elect to cancel the backorder for a Product if the Product becomes unavailable permanently or for an extended period, in which case we will refund you for the price and any delivery charges you paid for the Product, and
any refunds will be issued within 5 Business Days, using the same method as your original payment.
(c) All products with a limited sales period which are displayed on the Site will have the withdrawal date clearly shown. However, where a product which does not have a specified sales period becomes unavailable due to unexpected or high demand, and that item is ordered by you before we have withdrawn that item from the Site, we will not be held responsible for the inability to complete your Order.
4.3 Placing an Order
(a) The display of any items or promotions on the Site is an advertisement or offer to treat and not an offer. By placing an order (Order), you are making an offer to buy subject to this agreement. We are not bound to accept any offer.
(b) Your Order is accepted by us when we process your payment, which results in a binding contract between you and us. You will receive e-mails confirming that each
Product in your Order has been paid for and dispatched (Confirmation of Payment and Dispatch).
(c) We may, in our sole and absolute discretion, accept or reject any Order for any reason (or no reason), including without limitation:
(i) an error existed in the advertised price of an item;
(ii) an error existed in the description of an item;
(iii) the item ordered is unavailable; or
(iv) an error existed in your Order.
(d) If at any time prior to delivery we determine that there are circumstances existing where we will not fulfill your Order (including, but not limited to, anything set out in clause 4.3(c)), we reserve our right to cancel your Order, even if your order has been paid for and previously accepted by us.
(e) If we do not accept your Order, or if we cancel your order prior to delivery, we will notify you by email to discuss your options, and may arrange for a full refund of any payment made to us by you where applicable. Any refund will be issued within 3 Business Days using the same method as your original payment.
(f) Your Order remains valid as an offer until we issue our Confirmation of Payment and Dispatch or, if earlier, when we receive notice from you canceling your order under clause 4.6.
4.4 Delivery standards
(a) All products are dispatched from our or 3rd party warehouses and sent via various carriers. We will endeavor to send you a notification via email of your Order’s dispatch and tracking number, however we are not liable for lack of email notification due to anything outside of our control preventing the email coming through to you (for example, internet service providers or email client settings).
(b) Orders being delivered outside of Australia may be subject to customs regulations or additional taxes such as import duty. We strongly recommend you check local laws carefully before ordering as you may be liable for additional costs or delays.
(c) We will endeavor to dispatch all orders for in-stock items within 2 Business Days where possible, once we have confirmed receipt of payment. Please allow up to 15 business days for delivery within metro areas, and longer for all other areas. However, all dispatch times and delivery times are estimates only. We are not liable for late delivery or miss-delivery caused by factors outside of our control, but will endeavor to assist you if you experience an issue with delivery.
(d) If a Product is not in stock at the time of your order, we will endeavor to contact you to discuss your options and provide you an estimated period for delivery.
(e) We will generally ship all Product in an Order at the same time, however in some circumstances, it may be necessary to split your order into more than one shipment, including where Products are fulfilled from different locations, or where the full Order is not available for dispatch at the same time. If you request that we split an order into multiple shipments for your convenience, we reserve our right to charge you additional fees for doing so.
(f) At the time of check out, you may:
(i) choose to include shipping insurance and re-delivery service for an additional fee; or
(ii) grant us or the courier an ‘authority to leave’ when placing your order. If you do, you agree that this authority to leave gives us or our selected couriers (or both) permission to leave the Products unattended at the delivery address without obtaining a signature confirming delivery. Delivery is then deemed to be completed, and the Products are at your sole risk. Please note that despite having an authority to leave, our courier may at its discretion decide that it is not safe or appropriate to leave the Products unattended; or
(iii) choose to sign upon delivery, and pick up from local courier depot after the first fail attempt of delivery.
(g) Unless otherwise specified on the Site, we cannot deliver to PO boxes or parcel lockers. We may not be able to deliver to some geographic locations and some Products are limited in delivery locations. We will use reasonable efforts to ensure this information is listed on the Site prior to you placing an Order. If you place an Order which we are unable to deliver to you, we will inform you using the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.
(h) We are unable to deliver outside of Business Hours.
(i) Despite clause 4.4(c), your Order will not be dispatched where:
(i) you have supplied invalid payment or delivery details;
(ii) we have not received full payment for the Order; or
(iii) payment is delayed or rejected.
(iv) any duplicate, fraud or suspicious gift entries
(j) If you supply incorrect payment or delivery details, we:
(i) reserve the right to change or alter an address to the closest matching address on applicable postal databases; and
(ii) may take all reasonable steps to contact you using the personal details you have provided.
However, we will not be held responsible for not fulfilling your Order, nor for being unable to advise you that this is the case.
(k) If a Product is returned to us marked ‘Return to Sender’ because you have supplied us with an incorrect address, or you have failed to collect the Product in a timely manner after being provided with a delivery slip, then:
(i) we will contact you to arrange for redelivery; and
(ii) we may require payment of applicable freight costs before attempting redelivery.
4.5 Loss or damage in transit
(a) Risk passes to you once we have dispatched the Product. We are not responsible for any loss or damage in transit, however you may be able to make a claim through the delivery service used in certain circumstances.
(b) The Product will not be insured with standard transit. You may choose to add insurance cover when checkout at your cost.
(c) You should check the Product carefully for damage before signing the delivery docket. Once you have accepted the delivery of the Product as being undamaged, you may not be able to make a claim for loss or damage in transit.
(d) As soon as you become aware that the Product may have become lost or damaged in transit, and such loss or damage is not due to your own acts or omissions, please email us at email@example.com and we will endeavor to assist you in making a claim with the delivery service if insurance cover has been purchased. You may be asked to provide evidence of alleged damage (eg, photos).
4.6 Order modification or cancellation by you
(a) To modify or cancel an order after payment proceeded, please email us at firstname.lastname@example.org or call us at +61 7 3373 8841. Please note that while we monitor emails, we cannot always attend immediately to emails.
(b) If you cancel an order prior to its dispatch, we will issue a full refund of any payment you made for the Order, using the same method as your original payment, within 5 Business Days.
(c) If you cancel an Order after its dispatch, then subject to clause 4.6(d), we will issue a refund of any payment you made for the Order, less Restocking Fee and any freight costs we have incurred, using the same method as your original payment, within 5 Business Days of all Products in the Order returning to our warehouse.
(d) You cannot cancel an Order after its dispatch where that Order contains Products that were purchased at a discounted price (including, without limitation, Products included in seasonal sales, run-outs, special events, or with coupon codes applied). Subject to clause 6, sales of such Products are final.
4.7 Technical support
If for any reason you are unable to complete your purchase successfully, please contact our technical support at email@example.com.
(a) You must complete the payment online at the time of order unless you have made a separate agreement with us for payment terms.
(b) Unless otherwise stated, the prices stated on the Site are in US dollars and are exclusive of Sale Tax (where payable) and exclude delivery charges. Any delivery charges will be displayed prior to payment being required.
(c) Payment will be processed after receipt of your order but prior to dispatch. We will not consider any order accepted, and will not dispatch any Product, without receiving payment in full.
(d) You may pay for your Order with a ZQRacing gift voucher, in accordance with our Gift Voucher Terms and Conditions.
(e) You undertake and warrant that all details you provide to us for the purpose of purchasing the Product from us will be correct, that the credit or debit card, account, voucher, or other payment methods which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of your payment details before providing you with the Product.
(f) If your payment is dishonored or reversed for any reason after it has been submitted but before the Product has been dispatched, you must immediately make the payment again. We reserve the right to delay processing your order or delivering the Product until we receive full payment.
(g) If your payment is dishonored or reversed for any reason after the Product has been delivered, then without prejudice to any other right or remedy:
(i) all outstanding money carries interest on daily balances until paid at a rate of interest per annum of 20 percentage, compounded daily from the date of dispatch; and
(ii) we reserve the right to recover the price of the Product, together with any other expenses we have incurred, from you as a liquidated debt in a court of the tribunal of competent jurisdiction irrespective of any claim that you may have against us for anything or matter related to the Product.
(h) You must pay all and any quarantine expenses, import duties, levies or imports or any goods and services tax (GST), sales, transaction, use, excise, gross receipts, value-added, property or other taxes, fines, or duties of any kind applicable to the Product. Such costs may not be known to us at the time you place your order and may be charged to you directly by third parties.
(i) You are solely liable for any additional costs or penalties incurred as a result of late payment, or storage, abandonment, disposal or other fees, fines or expenses incurred as a result of your delay in picking up a Product from a depot or delivery center after receiving a delivery slip.
6. Returns Policy and Warranty
Please see Annexure A for our Returns Policy and Warranty.
7. Intellectual Property Rights
(a) The material on the Site is protected under Australian and international copyright and other laws governing the protection of Intellectual Property rights. Intellectual Property rights in images, trademarks and other content on the Site are owned by their respective owners. You must not deal with the material on the Site in any way which infringes on the content owner’s Intellectual Property rights without separate written permission from the content owner. In particular, you must not remove or conceal watermarks or similar from any images.
(b) All names of products, services and companies used in this agreement and/or on the Site may be trademarks of their corresponding owners. Their use is intended to be in compliance with the respective guidelines and licenses. These trademarks are not
affiliated with us or the Products, and we do not claim any endorsement of us or the Products by their owners.
(c) You may post links to Site content on social media or other sites, but must include an attribution consisting of our business name (as a hashtag where appropriate) and a link to our official website. Please contact us if you wish to re-post content from this Site on another site, as some materials are subject to third party licenses.
8. Posting and Republishing Content
(a) In uploading or posting content to the Site, you must not:
(i) post or send any material, or do anything which, in our sole discretion, is unlawful, offensive, abusive, indecent, defamatory, or menacing, or is in breach of any Intellectual Property, publicity, privacy or other rights of others;
(ii) cause annoyance, inconvenience or needless anxiety to others;
(iii) distribute or link to any material which contains malware of any kind; or
(iv) post commercial advertisements or promotional material.
(b) By uploading or posting content to the Site, you grant us a perpetual, non-exclusive, royalty-free, worldwide license to all Intellectual Property in that content, including the rights to sub-license, adapt, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, or edit such materials in our ordinary course of business.
(c) You warrant and represent that:
(i) you own, or otherwise have full legal right to provide the content you have uploaded or posted to the Site, and it is not infringing on any third party rights (including Intellectual Property rights);
(ii) you are authorized to grant the license in clause 8(b); and
(iii) you have not breached clause 8(a).
(d) We do not moderate material on the Site, but we reserve the right to delete any material at any time, for any reason.
(e) Responsibility and liability for content posted to the Site rests with the user who posted the material. We are not the author or publisher of any such content.
9. Limitation of Liability and Indemnity
(a) All conditions, warranties and representations which are not set out in our warranty in Annexure A, except those which are non-excludable in law, are excluded.
(b) You warrant that you have exercised your own judgment as to the suitability of the Product for your purposes.
9.2 Responsibility for Own Actions
Each party agrees to release and hold harmless, indemnify and defend the other party and its Indemnified Officers against any Claim or Liability from or in relation to:
(a) its own negligence or malpractice, or reckless or intentional misconduct, and
(b) its own failure to perform its obligations and responsibilities under this agreement.
9.3 Release and indemnity
(a) You agree to release and hold harmless, indemnify and defend us and our Indemnified Officers against any Claim or Liability from or in relation to:
(i) the misuse of the Site or any Product by you or anyone whom you allowed to access the Site or any Product, whether deliberately or otherwise;
(ii) your breach of any law or infringement of any third party rights including Intellectual Property rights;
(iii) any acts or omissions of anyone whom you allowed to access the Site from time to time, whether deliberately or otherwise;
(iv) your action, inaction, delay or breach of your obligations under this agreement or your breach of any warranties under this agreement.
(b) You agree to release and hold harmless us and our Indemnified Officers against any Claim or Liability arising from or in relation to:
(i) third parties, including other users of the Site, manufacturers, and delivery service providers;
(ii) any downtime or interruption to the Site;
(iii) our reasonable actions in denying anyone access to the Site, or canceling or delaying any transaction for security reasons or non-payment;
(iv) actions taken in relation to this agreement in accordance with our obligations at law or any order issued by a court of law or relevant government authority,
whether directly or indirectly arising in connection with the Site, even if we knew or should have known about the possibility of such Claim or Liability.
(c) You indemnify us for any reasonable legal expenses we incur as a result of your breach of this agreement, including expenses for enforcing payment, on a solicitor and own client basis.
9.4 Limitation of liability
(a) In performing any obligation under this agreement, our only duty is to exercise reasonable care and skill.
(b) To the fullest extent allowable at law:
(i) we only accept liability to you as set out in this clause 9, or as required by consumer or other laws which cannot be excluded by contract;
(iii) we are not liable:
(A) for any loss or damage, whether direct or indirect, arising from faulty design or manufacture of goods, other than goods we have manufactured;
(B) if you have failed to follow instructions for use of the Product, modified the Product or used the Product for an unintended purpose;
(C) for errors in the information you provide to us;
(D) default or failure in performance of our obligations under this Agreement resulting directly or indirectly from a Force Majeure Event, third-party service providers, suppliers, couriers or any other circumstances caused by factors beyond our reasonable control, whether or not caused through any act or inaction by us, our employees, agents or independent contractors, or through any other cause; and
(E) for any loss, theft, or damage to the Product after dispatch. Title and risk in the Product passes to you on dispatch;
(iv) despite any other provision to the contrary, you agree that our total liability and the total liability of our Indemnified Officers in connection with this agreement whether under contract or tort, will not in any circumstances exceed a sum equal to the greater of:
(A) $100; or
(B) the price of the Product in dispute.
(c) The limitation of liability under clause 9.4(b)(iv) has effect in relation both to any Liability expressly provided for under this agreement and to any liability arising by reason of the invalidity or unenforceability of any term of this agreement.
10. Suspension and Termination
10.1 Your default and suspension
(a) We may suspend your access to the Site and all Reports at any time and give you Written Notice to rectify your default if:
(i) you fail to make any payment when due, or any payment is dishonored or subject to chargeback; or
(ii) you breach any other term of this agreement.
(b) Suspension of your access under this clause:
(i) does not affect your liability to make payment; and
(ii) will immediately end when the issue giving rise to the suspension is remedied.
(c) A Written Notice under clause 10.1(a) will:
(i) state that it is a notice of default;
(ii) specify the default with sufficient detail and particulars; and
(iii) give a reasonable deadline by which the default must be remedied, of not less than 5 Business Days.
10.2 Termination of access
11. Dispute Resolution
If a dispute arises between the parties in relation to this agreement, either party may give the other party a Written Notice that they intend to arrange mediation. The parties must refer the dispute to an independent mediator within 21 days, and share the costs of the mediation in equal shares.
11.2 Legal proceedings
No party may commence court proceedings unless the dispute remains unresolved after 28 days from the date of the Written Notice provided under clause 11.1.
(a) We take reports of abusive content and copyright infringement seriously. If you find any content on the Site that is incorrect, offensive, or suspect that the content infringes your intellectual property rights, please notify us by email to firstname.lastname@example.org.
You are responsible for all duties, charges and legal fees (on a solicitor and own client basis) incurred in enforcing this agreement.
13.2 Enduring clauses
The parties’ rights and obligations under clauses 2.1, 3(b), 5, 6, 7, 8, 9 and 13 will survive the termination of this agreement for whatever reason.
The laws of Queensland, Australia apply to this agreement and the parties submit exclusively to the courts of that jurisdiction.
If any provision of this agreement is ruled by a court to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision or part-provision of this agreement.
Any delay or failure to enforce any rights in relation to a breach by the other party will not be construed as a waiver of those rights.
13.6 Entire Agreement
This agreement and your order contain the entire agreement between the parties and supersede all previous negotiations or agreements in relation to the subject matter of this agreement.
13.7 Force Majeure
Neither party is liable for any delay or failure to perform its obligations under this agreement to the extent that such failure is caused by a Force Majeure Event. However, nothing in this clause excuses payment of any money due.
14. Definitions and Interpretation
In this agreement:
(a) Australian Consumer Law and ACL means Schedule 2 of Competition and Consumer Act 2010 (Cth).
(b) Business Day means a day (other than a Saturday, Sunday or Public holiday) upon which banks are ordinarily open.
(c) Business Hours means 10.00 am to 4.30 pm AEST on any Business Day.
(d) Claim means any claim notice, demand, investigation, action, proceeding, litigation, or judgment however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, tort (including negligence) or statute and whether involving a party to this agreement or third party.
(e) Force Majeure Event means any of the following:
(i) an act of god;
(ii) war, terrorism, riot, insurrection, vandalism or sabotage;
(iii) strike, lockout, ban, limitation of work or other industrial disturbance; or
(iv) law, rule or regulation of any government or governmental agency, and executive or administrative order or act of general or particular application,
(v) unforeseen by the affected party;
(vi) is beyond the control of the affected party; and
(vii) occurs without the fault or negligence of the affected party.
(f) Indemnified Officers means, in relation to a party, its directors, employees, contractors, agents and representatives.
(g) Intellectual Property means all intellectual property rights, including copyright, inventions, patents (including patent applications), trademarks (whether registered or not), designs (whether registrable or not), eligible circuit layout rights, domain name licenses, know-how, trade secrets, and includes the right to register any intellectual property rights.
(h) Liability means any liability (whether actual or prospective), loss, damage, cost or expense of any description, including legal fees on a solicitor and own client basis.
(i) Product means an item available for purchase on the Site.
(j) Restocking Fee means a fee equal to 15% of the price paid for the Product;
(k) Site means the website which may be accessed at https://zqracing.com.
The following rules of interpretation apply unless the context requires otherwise:
(a) nothing in this agreement shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Competition and Consumer Act 2010 (Cth)) and which by law cannot be excluded, restricted or modified.
Annexure A Returns Policy and Warranty
1. Returns and replacement parts
(a) Subject to clause 1.1(b), we will accept returns of Products which do not fall under clause 3 within 30 days of purchase, if:
(i) they are returned:
(A) complete in their original packaging;
(D) in resaleable condition (which we, at our sole discretion, will determine); and
(E) with proof of purchase (including invoice number and date of supply); and
(ii) they were not purchased at a discounted price (including, without limitation, Products included in seasonal sales, run-outs, special events, or with coupon codes applied). Subject to clause 3, sales of such Products are final.
(b) If you return a Product under clause 1.1, and after we verify that the returned Product meets return requirements, we may do any one or more of the following:
(i) replace the Product with another Product of your choosing (if available). Please note you may be required to pay an additional amount if the replacement Product is more expensive than the original Product, and/or if we charge you a Restocking Fee;
(ii) offer you a store credit, subject to any conditions and limitations we, in our sole discretion, deem reasonable; or
(iii) give you a full refund, less the original shipping costs and any Restocking Fee. Refunds will be issued within 5 Business Days, using the same method as your original payment.
You will be liable for any freight costs incurred in returning the Product and in us delivering to you a replacement Product (if applicable).
(c) If you attempt to return a Product under clause 1.1 that does not comply with the requirements under that clause:
(i) you will not be entitled to a refund, store credit, or replacement;
(ii) we may refuse to accept the return; and
(iii) we may require that you pay for freight costs before we ship the Product back to you.
1.2 Replacement parts
In the event that a product becomes defective or damaged and is not covered by our express warranty in clause 2 or the claims process in clause 3, you may purchase replacement components of the Product by contacting email@example.com.
2. Manufacturer’s express warranty
2.1 Warranty terms and conditions
(a) This express warranty is provided by ZQ Pty Ltd ACN 609 144 587 trading as ZQRacing of 1/30 Collinsvale St, Rocklea QLD 4106 (Telephone: +61 7 3373 8841; Email: firstname.lastname@example.org).
(b) We warrant that your ZQRacing product is of acceptable quality and does not have a latent defect.
(c) For the purposes of this warranty, a ZQRacing Product is a physical product which:
(i) was manufactured by us or on our behalf;
(ii) is used in a normal domestic environment, not a commercial environment;
(iii) bears a trademark we own or use under license;
(iv) was sold by us or an authorized reseller or distributor;
(v) was purchased, and used in a domestic environment
but does not include any physical product which is packaged or sold with a ZQRacing product unless that is itself a ZQRacing product.
(d) Steel frame chair components of ZQRacing Products come with a lifetime warranty against defects (estimated chair life of 20 years). All other chair components of ZQRacing Products come with a 2-year warranty against defects. Non-chair ZQRacing Products come with a 1-year warranty against defects. In all cases, the commencement date for the period is the actual date of purchase.
(e) Warranty claims may be made in writing to:
1/30 Collinsvale st, Rocklea, QLD 4106
+61 7 3373 8841
(f) If you consider that the ZQRacing Product which you have purchased is not of acceptable quality or has a latent defect you can make a claim under this warranty. This does not detract from your statutory rights to make a claim under the Australian Consumer Law (ACL).
(g) To make a warranty claim, please contact us within the warranty period applicable to the ZQRacing Product (or component of the ZQRacing Product) as per clause 2.1(d). You must provide proof of purchase and evidence of the defect (for example,
photographs). We may also require you to return the ZQRacing Product to us for inspection.
(h) Once we have received your claim, we will, at our sole discretion, determine whether the defect is covered under warranty, and will contact you to inform you of our decision. If we determine that the defect is covered, we will arrange for a replacement ZQRacing Product (or component of the ZQRacing Product) to be issued to you. Refunds are not available under this warranty. This does not detract from your statutory rights.
(i) If, following receipt of a claim under this warranty, we determine that your claim in respect of a ZQRacing Product is invalid, we may charge you for any labor, parts or transport costs incurred by us in assessing your claim.
(j) Subject to any law to the contrary, the consumer bears the cost of making any warranty claim.
(k) This warranty is NOT transferable to a subsequent owner of a ZQRacing Product in the event of the sale of that product
(l) 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 for 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.
(m) Guaranteed rights under the ACL apply to consumers, have no fixed time limit and may be available after our manufacturer’s warranty has expired.
(n) The warranty given by us and set out in clauses 2.1(a) to 2.1(j) is in addition to (and does not exclude or modify in any way) any rights and remedies available to consumers under the ACL. Nothing in this agreement will exclude or modify any rights and remedies available to consumers under the ACL.
2.2 Warranty exclusions
(a) This warranty does not cover damage caused by:
(i) fire, liquid spillage or ingression, or vermin or insect infestation;
(ii) misuse or abusive use of the ZQRacing Product;
(iii) incorrect or improper maintenance or failure to maintain the ZQRacing Product;
(iv) adverse external conditions such as acts of God or any other act or circumstance beyond our control;
(v) exposure to excessive heat, moisture or dampness;
(vi) use of non authorized/non-standard, defective or incompatible parts;
(vii) repair, modification or other work carried out on the ZQRacing Product other than by authorized ZQRacing personnel.
(b) This warranty does not cover:
(i) normal wear and tear;
(ii) defects not notified to us within the applicable warranty period;
(iii) ZQRacing Products purchased in an auction or purchased as a used product
(iv) service costs in replacing and maintaining consumable parts which have ceased working through normal wear and tear; or
(v) ZQRacing Products which, at the time you consider a claim might be made under this warranty, do not bear the original manufacturer’s factory-applied serial number in its original form (for instance where it or the sticker bearing it has been removed, wiped out, rubbed off, or altered).
3. Faulty Products
(a) This clause sets out certain rights you have under the ACL and the limitations on those rights, as well as certain rights and obligations we have under the ACL. However, it is not an exhaustive detailing of the ACL and nothing in this clause is intended to waive or limit the rights available to us under the ACL or any other applicable law.
(b) The ACL contains statutory guarantees that apply to our goods sold. These guarantees require:
(i) goods to be of acceptable quality, that is, fit for the purpose for which goods of the same kind are commonly supplied, acceptable in appearance and finish, safe and durable, based on what a consumer would reasonably expect given the nature, price and description of the goods. The goods should also be free from defects that were not obvious or drawn to the consumer’s attention at the time of purchase;
(ii) goods to be reasonably fit for a purpose disclosed, either expressly or by implication, and relied upon by the consumer;
(iii) goods to be the same as their description, sample or model;
(iv) us to ensure repair facilities for the goods are reasonably available for a reasonable period after the goods are supplied;
(v) the seller to have good title to the goods;
(vi) the consumer to have the right to undisturbed possession of the goods; and
(vii) the goods to be free from any security, charge or encumbrance not disclosed or known to the consumer.
(c) If goods sold by us or a reseller/distributor of our goods do not meet a statutory guarantee, you are entitled to a remedy from either us or the reseller/distributor.
(d) The ACL distinguishes between 2 types of faults: major failures, and non-major failures.
(e) Under the ACL, a major failure will occur where:
(i) the goods would not have been acquired by a reasonable consumer if they were aware of the issue;
(ii) there is a significant departure from the supply description, or sample or demonstration model;
(iii) the goods are unsafe; or
(iv) If one of the following occurs which cannot be remedied easily within a reasonable time:
(A) the goods are substantially unfit for their purpose; or
(B) the goods are unfit for a disclosed purpose made known prior to acquisition.
(f) a non-major failure is any failure that is not a major failure.
(g) The following remedies are available:
(i) where the goods can be repaired and the failure to comply with the warranty is not a major failure (as defined in the ACL):
(A) we or the reseller/distributor may (at our election):
(1) repair the goods, or pay you for the cost of a repair of the goods;
(2) replace the goods with the same or similar goods; or
(3) refund you the amount you paid or which is payable by you for the goods;
(B) the appropriate statutory remedy provided in each case will depend on a number of factors, including:
(1) what is reasonable in the circumstances;
(2) the nature of the fault;
(3) the type of goods;
(4) the length of time that you have owned the goods; and
(5) any other relevant circumstances relating to the supply of the goods;
(C) you may reject the goods or require us or the reseller/distributor to pay the cost of repairing or replacing the goods if we or the reseller/distributor fails to remedy the failure or fails to do so within a reasonable time; or
(ii) where the goods cannot be repaired or the failure to comply with the warranty is a major failure (as defined in the ACL), you may:
(A) reject the goods and choose:
(1) a repair of the goods or the cost of having the goods repaired; or
(2) replacement goods; or
(3) a refund of the amount paid or payable by you for the goods; or
(B) retain the goods and require us to pay you compensation for any reduction in the value of the goods below the price paid or payable by you for the goods.
(iii) You may also be entitled to compensation for any other reasonably foreseeable loss or damage.
(h) HOWEVER, you will not be entitled to a remedy where:
(i) you are unable to provide proof of purchase for the goods;
(ii) you purchased the goods at a sale by auction (as defined under the ACL); or purchased as a used product
(iii) you have thrown away, destroyed, or lost the goods;
(iv) the loss or damage suffered was not reasonably foreseeable as a result of the failure to comply with a statutory guarantee;
(v) the specific defect about which you have made a claim was specifically brought to your attention prior the purchase of the goods;
(vi) the defect about which you have made a claim was caused by you having misused or abused the goods, or where you have subjected the goods to neglect, improper or inadequate care, carelessness, damage, or abnormal conditions;
(vii) the defect about which you have made a claim was caused by you dealing with or using the goods contrary to our instructions for the goods, or by an incorrect attempt at modification or repair;
(viii) the defect about which you have made a claim was caused through normal wear and tear;
(ix) the goods have been attached to or incorporated into any real or personal property and can’t be detached or isolated without damaging the goods;
(x) the failure to comply with the guarantee occurred only because of a cause independent of human control and after the goods left our control or that of the reseller/distributor, for example, acts of god; or
(xi) too much time has passed, where time runs from the date of supply of the goods until the fault or problem would reasonably be expected to appear.
(i) To request an exchange, repair or refund, please contact us and provide proof of purchase and evidence of your claim (for example, photographs). We may also require you to return the goods to us for inspection.
(i) the reason you are requesting a refund, exchange, or repair;
(ii) your preferred solution (that is, refund, exchange, or repair, noting that if the failure is not a major failure, we may not provide you with your preferred solution, as per clause 3(g)(i));
(iii) proof of purchase; and
(iv) proof of the reason you are requesting a refund, exchange, or repair (for example, photographs).
(j) We will endeavor to address your claim within 14 days of receiving it.
(k) If, following receipt of a claim under this clause 3, we determine that your claim in respect of goods is valid, and:
(i) if the goods can be repaired and the failure to comply with the guarantee is not a major failure or a failure of a substantial character, we will provide a remedy as per clause 3(g)(i). In each case, the remedy will depend upon what is reasonable in the circumstances and at no cost to you (subject to clause 3(n)). Goods presented for repair may be replaced by refurbished goods of the same type with equal or greater functionality rather than being repaired. Refurbished parts may be used to repair the goods; or
(ii) if the goods cannot be repaired or the failure to comply with the guarantee is a major failure or a failure of a substantial character, we will provide a remedy as per clause 3(g)(ii).
(l) If we provide you with replacement goods (or components of goods) or a refund, you immediately transfer ownership in the original goods or components to us. If we repair the goods, you immediately transfer ownership in any residual parts to us. Any such resolution by us of a claim by you under this clause 3 does not otherwise detract from any other statutory rights which you might have in the circumstances, including your right to monetary compensation for a valid claim.
(m) If, following receipt of a claim under this warranty, we determine that your claim in respect of goods is invalid, we may charge you for any labor, parts or transport costs incurred by us in assessing your claim.
(n) If you have requested a repair, or if we require the goods to be returned prior to an exchange or refund, you are responsible for the costs of returning the goods to us unless the cost of returning, removing or transporting is significant, in which case, we will collect the goods at our expense and within a reasonable time.
(o) Refunds will be issued within 5 Business Days using the same method as your original payment.