TERMS AND CONDITIONS
By WERP INTERNATIONAL PTY LTD t/a THE WERP™
ABN 85 650 485 297
Welcome to www.TheWERP.com.au (also referred to as the Site)
These are the Terms and Conditions (also referred to as the Terms) governing the use of the Site.
To use this Site, you must first read and agree to the Terms.
If you do not agree to the Terms, please leave the Site.
Read these Terms carefully before using this Site.
By using the Site OR by accepting delivery of the goods AND / OR making any payment to WERP International Pty Ltd, You agree to follow and be bound by these Terms.
These Terms apply to all Users of the Site unless the Terms specify otherwise.
The Terms published at the time of your use of the Site shall apply to you.
WERP International Pty Ltd reserves all rights to alter these Terms from time to time and at its discretion.
Any change will be published on the Site.
You will be bound by any changes to the Terms from the date of publication thereof.
Each time you use the Site, you should be aware of our current Terms.
1. Definitions and Interpretation
1.1 In these Terms, unless the context otherwise requires:
(a) ACL means The Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth);
(b) Agreed Charge means the balance due amounts stipulated on the invoice or statement;
(c) Agreement means this purchase agreement between you and us for the Equipment on the invoice;
(d) Bands means the latex rubber bands forming part of the Equipment or Product;
(e) WERP means the wheel edge ring protector forming part of the Equipment or Product;
(f) Tyre Bead Spacer means the polyester fibre rope with the heat shrinked polyethene (PE) tip forming part of the Equipment or Product;
(g) Storage Racks means the powder coated wall bracket made from mild steel forming part of the Equipment or Product;
(h) Cushion Sets means the EPDM rubber padding which is attached to the underside of the WERP forming part of the Equipment or Product;
(i) Business Day means before 17h00 on a day other than a Saturday, Sunday, Public Holiday or Bank Holiday in New South Wales;
(j) Equipment means the equipment, other goods or service advertised or referred to on the invoice and any replacement of such equipment or other goods, and where the context permits, includes any part of such goods or equipment;
(k) Product means the equipment, other goods or service advertised or referred to on the invoice and any replacement of such equipment or other goods, and where the context permits, includes any part of such goods or equipment;
(l) GST means goods and services tax levied under A New Tax System (Goods and Services Tax) Act 1999 (Cth) and related legislation;
(m) Transaction is the sale or delivery of Equipment
(n) When we refer to ‘us’ or ‘our’ or ‘we’ or similar, we are referring to:
WERP INTERNATIONAL PTY LTD (ABN 85 650 485 297);
(o) When we refer to ‘you’ or ‘your’ or similar, we are referring to you as a
Customer OR User of the Site;
(p) Australian Law means principles of law or equity established by decisions of courts, statutes, regulations or by-laws of the Commonwealth of Australia, or any State or Territory of the Commonwealth of Australia or a Government Agency, any requirements and approvals (including conditions) of the Commonwealth of Australia or any State or Territory of the Commonwealth of Australia or a Government Agency that have force of law, to the extent required, but recognising the primacy of Australian Law, the principles of law and equity established by the courts outside Australia;
(q) Backorder means an order for a Product that is temporarily out of stock;
(r) Intellectual Property Rights means all intellectual property rights and proprietary rights (whether registered or unregistered) including copyright, trademarks, patents, moral rights and any other intellectual property right recognised by Australian Law, including but not limited to:
(r)1.1 graphics programming codes, drawings, computer programs, website
(r)1.2 business names, company names, product names;
(r)1.3 any right to have information kept confidential;
(r)1.4 patent applications, drawings, discoveries, inventions, improvements, trade secrets, technical data, formulae, computer programs, precedent documents, websites, website designs, website design methodology, domain names, domain registration, source codes, site context and design, program backend, HTML front code, AdWords, metatags, traffic details, databases, know-how, logos, designs, design rights and client lists;
(r)1.5 phone numbers, fax numbers, email addresses, directory listings; and
(r)1.6 Twitter, Facebook, Skype, LinkedIn, Viber, Instagram and other social media contact points.
(s) Loss includes loss of money (including profit), goodwill, or reputation, whether such loss be incidental, direct, indirect, special, consequential even if you advise us or we could reasonably foresee the possibility of any such loss or damage occurring;
(t) Site means the internet site at the domain TheWERP.com.au as configured and described as such by us from time to time or any other internet site operated by us from time to time;
(u) Users means anyone using the Site for any purpose;
(v) Customer means anyone using the Site for any purpose;
1.2 In these Terms, unless the context otherwise requires:
(a) words importing the singular include the plural and vice versa;
(b) headings will be ignored in construing this Agreement;
(c) if any party is comprised of more than one person, those persons' obligations are joint and several;
(d) a reference to a party includes a reference to that party’s legal personal representatives, successors and permitted assigns;
(e) references to persons include references to corporations and other bodies and entities;
(f) references to statutes include all statutes amending, consolidating or replacing such statutes and includes any subordinated legislation issued under them;
(g) specifying anything after the words “including” does not limit what else is included; and
1.3 If there is any inconsistency between any special conditions set out in or annexed to the invoice and any provisions of these Terms, such special conditions will prevail to the extent of such inconsistency.
2. Intellectual Property Rights
2.1 The Site is the property of WERP INTERNATIONAL PTY LTD and is protected by Australian and international copyright laws and must not be reverse engineered, republished, reproduced or copied in any way.
3. Governing Law and Jurisdiction
3.1 The agreement formed when you accept thest Terms is governed by and construed in accordance with the laws of the State of New South Wales, Australia and you agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
4. Overseas Users
4.1 The Site may be accessed by Users from Australia and from overseas. We make no representation that the Site complies with the laws of any country outside of Australia. If you access the Site outside of Australia, you do so at your own risk.
5. Australian Consumer Law
5.1 To the extent required, the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) is imported into these Terms.
5.2 To the extent permitted by Australian law, we disclaim all warranties, representations and conditions, express or implied, with regard to any information, software or Products including but not limited to:
· merchantable quality;
· durability and fitness for a particular purpose;
· legal title; and
· non-infringement of Intellectual Property Rights
5.3 To the extent permitted by Australian law, WERP INTERANTIONAL PTY LTD or its suppliers are not liable for any Loss suffered by a User in respect of Products advertised on the Site;
6. Deposits and Cancellation Policy
6.1 A Deposit can be cancelled by you within the 4-week period however a cancellation fee equal to 15% of the total purchase price is payable. NOTE – if you have placed a ‘special order’ or your cancellation leads to higher expenses, then we reserve the right to charge you a higher fee for cancellation of an order if your cancellation has led to the WERP INTERNATIONAL PTY LTD incurring higher costs than 15% of the total purchase price.
7. No Waiver
7.1 Our failure to act or delay in acting in relation to a breach of any of these Terms is not a waiver of any of these Terms or our rights arising under them. No action or inaction by us shall be deemed to be an actual waiver of any current or future liability.
8. Risk and Liability
8.1 All reasonable care will be taken while compiling the Site’s content, including advertising content. Nevertheless, we do not warrant or represent that the Site is complete, current or free from typographical or other errors, or omissions. Information, advertisements, software and Product descriptions may include inaccuracies.
8.2 We endeavour to provide continual availability of our services and access to the Site. However, access to the Site may not always be possible due to numerous factors including those which are out of our control. We do not warrant or represent that our services and access to the Site will be timely, continuous, fault-free, uninterrupted, secure or virus-free.
8.3 By reason of occasional technological difficulties, and to the extent permitted by Australian law, we will not be liable for any compensatory or exemplary damages arising out of or in any way connected with use of the Site or inability to use the Site even if we have been advised of the possibility of damages. You release
WERP INTERNATIONAL PTY LTD, its officers, contractors, employees and agents against all Loss, claims, costs, demands, damages and liabilities related to use or inability to use the Site in this regard.
9. You may request amendments to these Terms
9.1 Nothing in these Terms preclude a User from approaching us and requesting to amend or qualify parts of these Terms in their particular case or for a particular transaction. Such requests will be considered by us on a case-by-case basis, and should be sent in writing via mail to:
PO BOX 6394, ROUSE HILL, NSW, 2155 OR
email to: use the email address provided on the contact page
These Terms will continue to apply to you and your use of the Site, unless qualified or amended in writing signed on behalf of WERP INTERNATIONAL PTY LTD and expressly identified as an amendment of these Terms.
10. Currency
10.1 All transactions are shown in Australian dollars (AUD).
11. E-Commerce
11.1 By placing an order you are offering to purchase a product on and subject to the following terms. All orders are subject to availability and confirmation of the order price. All images on the Site are for illustrative purposes only and actual products may vary from illustrations. All products shown are subject to supply availability.
11.2 You must be over 18 years of age to order products from the Site and have an acceptable means of payment. When placing an order, you warrant that all details provided are accurate. The price of products may vary and it is your responsibility to be satisfied with all charges before you confirm payment for any order
11.3 All purchases are final, but we reserve the right not to accept any order or to cancel and order and refund your payment. Refunds may take up to 7 business days to be completed and will be repaid by the same means as the original purchase sum was paid unless notified otherwise.
11.4 We will take reasonable steps to protect your privacy and the privacy of data which you provide to us. All account information will be encrypted before being transmitted by us. Your use of the Site is governed by the WERP INTERNATIONAL PTY LTD Privacy Policy (available on the Site for viewing) which includes our use of cookies, our use of your data to notify you of service-related issues, product recalls and future promotions. We may use your personal data to contact you regarding an order but we do not harvest your data for sale to third parties. We adhere to the requirements of the Privacy Act, the Spam Act and the Notifiable Data Breach regulations.
11.5 You use the Site at your own risk and we take no responsibility if your account with us is hacked or compromised due to a failure or absence of anti-virus software or accidental visit to malware sites by you. We regularly update our anti-virus software and we are secured with industry standard security protection but we cannot guarantee the security of any online communications.
11.6 You agree to indemnify, defend and hold harmless WERP INTERNATIONAL PTY LTD and its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of the Site or your breach of these terms.
12. Payment Obligations
12.1 For each due invoice or statement, you must pay to us the Agreed Charge for that invoice or statement, on the dates referred on the invoice or statement. No Equipment will be delivered unless paid for in full.
12.2 You must pay or reimburse us on demand:
(a) all applicable duties, taxes (including GST payable on any supply made by us to the extent that we are unable to claim an input tax credit), fees and charges payable on or in respect of this Agreement, any amounts payable under this Agreement;
(b) without limiting paragraph (a) above, any fees or charges reasonably incurred by us for acting on any assignment or variation of this Agreement, as a result of you not paying us in the way required under clause 2.4, arising under or provided for by this Agreement.
12.3 You must pay all payments under this Agreement by way of direct debit, bank transfer, credit card or debit card or in such other manner as we may from time to time direct in writing.
12.4 If a date for payment:
(a) is not a Business Day, the payment must be made on the preceding Business Day; or
(b) falls on a day not contained in a month; the payment must be made on the last day of that month.
12.5 Your obligation to pay the Agreed Charge for each invoice or statement is absolute and unconditional and (without limitation) will continue even if the Equipment is defective, damaged, lost, stolen or destroyed and you agree not to exercise or seek to exercise any right or claim to withhold payment or claim any deduction or set-off.
12.6 If the website or invoice specifies that the supply of Consumables is included, then we are entitled to incorporate any increase in the cost of such Consumables at any time by a corresponding increase in the Agreed Charge.
13. Acknowledgements
13.1 You acknowledge and agree that:
(a) you have satisfied yourself as to the condition and suitability of the Equipment for your purposes and the validity of any supplier’s warranties;
(b) you will, at your own cost, arrange for the delivery of the Equipment unless otherwise stated;
(c) you will, at your own cost, arrange installation of the Equipment;
(d) the Equipment remains our property at all times until paid for in full.
(e) save for the guarantee, representations or warranties provided in clause 7 and except to the extent that any guarantee, representation or warranty provided or implied by the ACL or other applicable laws cannot be excluded, we make no other warranty or representation as to the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design, performance or safety of the Equipment;
(f) to the full extent permitted by ACL and other applicable laws, we are not liable for (and you release us from any liability arising from):
(i) any death of or injury to any person or any damage to any property arising from or in connection with the possession, operation or use of the Equipment or its repair or maintenance; or
(ii) any indirect, consequential or economic loss or damage (including loss of profit or opportunity) arising under or in connection with this Agreement,
except to the extent caused or contributed by our fraud, gross negligence or wilful misconduct; and
(g) in any event, to the full extent permitted by the ACL and other applicable laws, our liability under or in relation to this Agreement or the Equipment, is limited, at our option, to one or more of the following:
(i) in the case of goods supplied, to one or more of the following (as we determine): replacing the goods or supplying equivalent goods, repairing the goods, paying the cost of replacing the goods or of acquiring equivalent goods, or paying the cost of having the goods repaired; or
(ii) in the case of services supplied, to one or more of the following (as we determine): supplying the services again or paying the cost of having the services supplied again.
For the avoidance of doubt, nothing in this clause is intended to exclude, restrict or modify any rights or remedies which you may have under the ACL or any other applicable law which cannot be excluded, restricted or modified.
13.2 You must promptly following our reasonable request provide us with such documentation to enable us to carry out and be satisfied that there is compliance with all necessary customer identification procedures or other similar checks under all applicable laws and our operating procedures.
13.3 You must seek your own accounting and taxation advice as to the correct treatment of the transaction contemplated under this Agreement and we make no representations in this regard.
14. Pricing
14.1 All prices displayed by us are in Australian dollars and exclude Goods and Services Tax. GST will be applied once an invoice has been created for you:
14.2 Prices may not include delivery, handling and restocking charges unless otherwise stated;
14.3 Any accessory shown in any image of Equipment is not included in the price unless otherwise stated;
14.4 Images of Equipment are illustrative only and may vary from the Equipment described or offered for sale;
14.5 We reserve the right to correct any error or omission in any publication or promotion of Equipment including on our Website;
14.6 Advertised prices displayed by us for Equipment, including on the Website, are subject to change without notice. The price of an item once ordered is fixed once the order is accepted by us. Subsequent price changes (either up or down) will not apply to accepted orders.
15. Use and Care of Equipment
15.1 You:
(a) must ensure that the Equipment is used only for the purposes for which it was designed complying at all times with all applicable laws (including environmental and work health and safety laws) and with all instructions and recommendations issued by us or the Equipment’s supplier;
(b) must at your own cost ensure that the Equipment is maintained and repaired so that it is at all times in good working order and condition and subject to any warranty contained herein;
(c) must not attach any other tool or goods to the Equipment as it will adversely affect our Equipment and its intended purpose of use;
(d) acknowledge that the proper use of the Equipment requires the fitting and use of the Bands which have been designed specifically for the Equipment.
(e) must use only the Bands supplied and must not use any other bands in conjunction with the Equipment. If you do so, all warranties are voided.
(f) agree that to comply with your obligations to the previous clause, you must purchase from us and accept delivery (at your cost) of replacement Bands when necessary. If you fail to do so or use Bands that are damaged in any way or used extensively beyond its lifespan, then we are not liable if the Equipment malfunctions or does not properly perform.
(g) must not use or install the Equipment in any manner that would lead to the Equipment obstructing walkways or emergency exits.
16. Insurance
16.1 You must, at your own cost, effect and keep current with a reputable insurer:
(a) insurance in respect of the Equipment for its full insurable value against all loss or damage;
(b) insurance for such amount of cover against any loss, damage or injury (including claims by third parties) arising out of the Equipment or its possession, operation or use.
17. Warranties
17.1 We make the following warranties:
(a) We have full legal capacity, power and lawful authority to enter into this Agreement, to grant the rights and to perform our obligations under this Agreement;
(b) this Agreement constitutes legal, valid and binding obligations enforceable against us in accordance with its terms by appropriate legal remedy;
(c) we will provide a replacement warranty for any size WERP, tyre bead spacer and 8 pin storage rack for a period of 12 months from date of invoice if the Equipment is found to have a major fault. Point (c) is subject to our REFUNDS AND RETURNS POLICY which can be found on our website.
(d) all warranties will be voided if the Equipment has been determined to be damaged due to negligence. For example: WERP twisted or driven over by a vehicle.
17.2 You make the following warranties:
(a) You have full legal capacity, power and lawful authority to enter into and perform your obligations under this Agreement; and
(b) this Agreement constitutes legal, valid and binding obligations enforceable against you in accordance with its terms by appropriate legal remedy (except to the extent limited by equitable principles and laws affecting creditors’ rights generally).
18. Indemnities
18.1 You indemnify us, our agents and employees from and against all loss, liability, cost or expense (including legal expenses but excluding indirect cost, loss and expenses), arising from, or in respect of:
(c) the delivery, installation, repair, maintenance, use, location, condition, possession, operation, seizure, forfeiture or other confiscation of the Equipment, or the loss, destruction, theft or damage of the Equipment;
(d) any damage to property, death of or injury to any person, or any other claim by any third party, in connection with the Equipment or its possession, operation or use;
(e) any breach or default by you of this Agreement;
(f) any steps reasonably taken by us to administer, exercise, enforce or preserve any of our rights under this Agreement;
(g) any loss, reduction or disallowance of any depreciation allowance or of any tax deduction or rebate of any income or other tax upon which we have reasonably relied in calculating the charges payable under this Agreement;
(h) any new legislation or change in any legislation (including government revenue raising legislation), ruling, guideline, directive or requirement (including capital adequacy requirements) issued by any government authority or body that affects this Agreement, the transactions evidenced by this Agreement, our obligations under this Agreement or our return under this Agreement;
19. No Change of Mind Returns
19.1 Please choose carefully as we do not accept return of Equipment because you changed your mind or made a wrong decision about our Equipment.
19.2 IF EXTENUATING CIRCUMSTANCES APPLY AND CHANGE OF MIND RETURNS ARE ACCEPTED. You will incur a 20% restocking charge of invoice value. Then:
(a) at your cost, return to us at a location reasonably specified by us, the Equipment sealed in its original delivered packaging, unused or in accordance with any return conditions reasonably specified by us which is subject to our REFUNDS AND RETURNS POLICY which can be found on our website.
(b) you acknowledge that when the Equipment is returned to us and assessed, we need not account to you for the value of the Equipment or any amount we receive from selling or re-renting it.
19.3 If you do not return the Equipment in accordance with clause 19.2(a), your continued possession of the Equipment will mean that you are satisfied with our Equipment and do not want to return it.
20. Confidentiality
20.1 For the purposes of this clause, Confidential Information means all confidential, non-public or proprietary information of one party (the Disclosing Party) regardless of how it is stored, delivered, provided to or learnt by the other party (the Receiving Party) in relation to this Agreement, but does not include excluded information such as information that is or becomes available in the public domain other than through breach of this Agreement or an obligation of confidence owed to the Disclosing Party or that was already known to the Receiving Party at the time of disclosure or that the Receiving Party acquires from a source other than the Disclosing Party. Confidential Information includes all pricing and related terms pertaining to the provision of Services under this Agreement.
20.2 Neither party may disclose any Confidential Information to any person without the other party’s written consent, except to Representatives requiring the information for the purposes of, and in accordance with, this Agreement, or if either party is required to do so by law or an Exchange or in connection with legal proceedings relating to this Agreement.
20.3 This clause survives termination (for whatever reason) of this Agreement.
21. Privacy Policy
21.1 We will collect and deal with your personal information as set out in our Privacy Policy. By using the Website or offering to buy Equipment from us, you accept and agree to be bound by the Privacy Policy which is available from our website.
22. Verification Procedures
22.1 When you place an order and pay by credit card, debit card or via PayPal. An email may be sent to the you from the processing team requesting further information, such as a copy of the credit card, debit card and drivers licence for identification. After verification, this information will be destroyed. If you do not provide the requested information within 7 days, the order may be cancelled and the payment refunded by the same method of payment. Information requests are made to help reduce the incidence of fraud.
23. Unforeseen Events
23.1 We may cancel or suspend any sale or delivery of Equipment in the event of any unforeseen occurrence, delay or non-performance which, in our opinion, renders the Transaction impractical or uneconomic. Such events include things related directly or indirectly to war, terrorism, strike, lockout, delay or default of a manufacturer or supplier, act of God, an electronic attack on electronic systems, failure or interruption of any electronic system or essential service, such as electricity supply, internet, communications and payment systems and any other cause beyond our control.
24. Variation
24.1 This agreement and these Terms cannot be varied without our written consent.
Last updated on 01st of DECEMBER 2021 by WERP INTERNATIONAL PTY LTD