CREDIT RETURN POLICY – CUSTOMER SUMMARY
Last updated: November 2017

All returns are to be authorized by Roadsafe (RSV), with the issuing of a Credit Return Number (CRN).

Returns for credit WILL NOT be accepted without PRIOR APPROVAL and allocation of a RSV CREDIT RETURN NUMBER (CRN). The CRN may be obtained by phoning the Roadsafe Office on (03) 9580 0644 and speaking with a sales representative. The CRN MUST accompany any goods being returned, and MUST be noted on all relevant paperwork.

A thorough reason for return must accompany the return items. Comments such as “Bad”, “Defective”, “Incorrect for Application”, “Wrongly Supplied” are not acceptable. An actual explanation is required – otherwise how can the issue be investigated to fix it for future.

No returns will be processed without the acknowledgement by RSV of the return in the form of allocating a CRN.

All returns must be in a clean & re-saleable condition. Items that have been ‘fitted’ or ‘tried to be fitted’ will not be considered for credit.

WARRANTY – Products supplied are guaranteed against faulty workmanship and/or material with a replacement warranty only. For additional information, please refer to the Roadsafe Automotive Catalogues (or warranty terms available at Roadsafe.com.au)

RE-STOCK FEE – Goods returned within 14 days from invoice date may be subject to a restock fee. Goods returned after 14 days (up to 30 days) from invoice date will be subject to a 10% restock fee. Goods returned after 30 days will not be accepted for credit.

REJECTED – Goods will not be considered for credit after 30 days from date of invoice.

RETURN FREIGHT PRE-PAID - Any returns are to be freight prepaid. RSV will not accept any returns received ‘freight forward’. Additionally, it is not the Reps responsibility to pick up credits! It is the customer’s responsibility to get the credits back within the very reasonable time frame that has been allocated.

BUY-IN ITEMS & KING PIN KITS – Special buy-ins, including items specifically procured for customers and not considered ‘stock lines’ by Roadsafe, plus King Pin Kits, are NOT RETURNABLE for credit.

PARTS FITMENT – No responsibility whatsoever is accepted by Specialist Wholesalers Pty. Ltd. t/as Roadsafe for the fitment of incorrect parts. The onus is clearly with the fitter to ensure the parts are correct for the particular application of job. Any damage to parts, or consequential damage of cost resulting from the fitment of incorrect parts, is totally the responsibility of the fitter.

SUPPLIER’S TERMS AND CONDITIONS (T&Cs)

1. PRICES AND GST All prices quoted are subject to change without prior notice and are exclusive of GST. Customer warrants that it is registered for GST and will notify the Supplier if it ceases to be so. Each amount payable by the Customer under these T&Cs in respect of a Taxable Supply by the Supplier is a GST exclusive amount and on receipt of a tax invoice the Customer must, in addition to that amount and at the same time, pay the GST payable in respect of in that supply. "Taxable Supply" and "GST" have the meanings set out in the A New Tax System Goods and Products and Services) Act 1909 (Cth). This account may be subject to a monthly account fee as agreed.

2. CLAIMS AND RETURNS No claims for shortage or damaged items will be recognised unless notified within seven (7) days from receipt of goods. Goods returned for credit will be subject to handling charge as follows: 14-29 days - 10%. After 30 days - Nil Credit. All returns for credit are subject to substantiation to the Supplier’s reasonable satisfaction and invoice numbers must be supplied before credit will be considered.

3. WITHDRAWAL, SUSPENSION AND VARIATION OF CREDIT The Supplier may, at any time, without the need to provide a reason or incurring any liability to the Customer, vary, suspend (temporarily or indefinitely) or withdraw any credit granted to the Customer.

4. SUSPENSION AND CEASING OF SUPPLY The Supplier may, at any time, at its complete discretion and without incurring any liability to the Customer, cease or suspend supply of any goods or services to the Customer or amend these T&Cs.

5. CUSTOMER DEFAULT Without limitation to the Supplier’s rights, all amounts owing to the Supplier become immediately due and payable if Customer defaults in making prompt payment of any amount due to the Supplier, becomes insolvent or bankrupt, commits an act of bankruptcy, convenes a meeting with its creditors, or enters into an arrangement with its creditors, or makes an assignment for the benefit of its creditors, or appoints a receiver, manager, liquidator (provisional or otherwise), ceases to carry on business, or is financially unable to pay its debts or meet its obligations under these T&Cs.

6. WARRANTY To the extent permitted by law or expressly by these T&Cs, all warranties or guarantees whether express, implied, statutory or otherwise, relating in any way to the goods or the supply of goods are excluded.

7. LIABILITY Where liability cannot be limited (under the Australian Consumer Law or otherwise), to the extent permitted by law, the Supplier’s liability is limited as follows: i. In respect of goods: a. If there is a major failure, the goods cannot be repaired or the Supplier has not responded within a reasonable time offering repair or replacement, a refund or replacement if the goods are rejected or payment of the reduction in value of the goods if the goods are not rejected; or b. If there is not a major failure, at the Supplier’s election, replacement, repair or refund; and ii. In respect of services: a. If there is a major failure, the problem cannot be fixed or the Supplier has not responded within a reasonable time, a refund if the contract is terminated or payment of difference between the value of the services provided compared to the price paid; or b. If there is not a major failure, at the Supplier’s election, a refund or a further service to rectify the problem. To the extent permitted by law, the Supplier is not liable to the Customer (under contract, negligence, indemnity or otherwise), and the Customer hereby releases the Supplier from any claim for, loss arising from business interruption, loss of actual or anticipated profit or revenue (whether arising at law as direct or indirect loss) or any consequential loss or damage, howsoever arising in respect to the supply of goods or services pursuant to these T&Cs or the Supplier's negligence, act or omission.

8. PAYMENT TERMS Trading terms are Net 30 days. Failure to adhere to these terms will result in the account becoming C.O.D., until such time as the account is paid in full. The Supplier reserves the right to determine when the account will be reopened. The Supplier is entitled to charge the Customer interest on amounts not paid within the credit period specified by the Supplier at a rate equivalent to 3% per annum above the business overdraft commercial Interest rate of the Supplier's principal bankers from the invoice date until payment of the debt.

9. APPLICATION OF MONIES RECEIVED: If the Supplier receives or recovers money in respect of any debt of the Customer, the Supplier may use the money to pay off whichever debt or part of a debt the Supplier chooses and is not compelled to apply the money as directed by the Customer or any other person.

10. COSTS Should payment remain outstanding beyond the Company's payment terms as outlined in Clause 8, the Customer is liable for all costs including legal costs (on a solicitor/own client basis) and mercantile agents’ fees incurred by the Company in recovering the amount outstanding.

11. TRANSACTIONS The Customer will be liable for all transactions and expenses involving the Customer's credit account including any fraudulent use of the account by the Customer, any person authorised by the Customer to use the account or the Customer's employees, agents or contractors.

12. RETENTION OF TITLE The Supplier retains the title and ownership of goods, and Customer holds the goods as a bailee only, until Customer has paid all moneys owing to the Supplier in full. Risk passes to the Customer at the time of delivery. If the Customer defaults in payment, then without prejudice to the Supplier's other rights, the Customer expressly and irrevocably authorises the Supplier to enter and remain upon any premises occupied or used by the Customer without notice to recover possession of goods.

13. CHARGES AND PERSONAL PROPERTIES SECURITIES REGISTER The Customer: i. agrees that the retention of title contained in these T&Cs give rise to a “security interest” as defined in the Personal Properties Securities Act 2009 ("PPSA") in any of and all personal property (as defined in the PPSA) (“Personal Property”) which is the subject matter of the credit application or these T&Cs; ii. charges all of its rights, property and undertaking of whatever kind and wherever situated, whether present or future including, without limitation, its capital and any interest in real property (both legal and beneficial, in freehold and leasehold land) (other than any Personal Property to which the PPSA applies) to the Supplier; and iii. agrees to mortgage all of its present and future interests in any real property to the Supplier, as security for the performance of its obligations under the T&Cs including payment of goods. The Customer must, within seven (7) days of request from the Supplier, do all things or execute or arrange execution of such documents as the Supplier requires to perfect or register any “security interest” under the PPSA, charge or mortgage. On and from the Registration Commencement Time (as defined in the PPSA): i. the Customer has no rights under, or by reference to, sections 125, 142 and 143 of the PPSA if the Customer defaults and the Supplier takes enforcement action under these T&Cs in respect of the Goods; ii. the Supplier is under no obligation to dispose of or retain any secured property the Supplier seizes within a reasonable time under section 125 of the PPSA; iii. if any part of the moneys owing to the Supplier by the Customer is secured by a purchase money security interest granted by the Customer, the Supplier will use any money received under this document in the following order: a. first, to pay obligations that are secured by which are not secured by a purchase money security interest; and b. second, to pay obligations that are secured by a purchase money security interest; iv. The Customer waives all rights to: a. receive any notice under sections 95, 130 and 135 of the PPSA in relation to the enforcement of any “security interest” over the goods; b. receive a statement of account under sections 132(3)(d) and 132(4) of the PPSA; and c. a copy of, or notice of, any verification statement confirming registration of a financing statement or a financing change statement relating to any “security interest” under, or provided for by, these T&Cs.

Except if section 275(7) of the PPSA applies, each of the parties agree not to disclose any information of the kind referred to in section 275(1) of the PPSA that is not publicly available. The Customer acknowledges that the Supplier, by virtue of the charge and mortgage, has a caveatable interest in any real property of the Customer which is or becomes subject to the charge and/or mortgage and may lodge a caveat over that property.

14. CHANGE OF OWNERSHIP The Customer will notify the Supplier in writing of any impending change of ownership or legal structure of the Customer at least 45 days prior to such change. The Supplier reserves the right to vary, suspend (temporarily or indefinitely) or withdraw any credit. Customer indemnifies the Supplier against any loss or damage incurred by it as a result of the Customer's failure to notify or the change of control.

15. INDEMNITY The Customer indemnifies the Supplier in relation to any direct or indirect loss, claims, liability, cost or damage suffered by the Supplier or it related bodies corporate (as the latter term is defined in the Corporations Act 2001) arising from or in connection with: i. The fraud or negligence of the Customer, its officers, contractors, employees, servants or agents; ii. The Customer’s breach of these T&Cs; or iii. Any claim, demand or proceedings against the Supplier that any payment of the Customer is void, voidable or otherwise invalid for any reason (including pursuant to any provision of the Corporations Act 2001).

16. JOINT AND SEVERAL If the Customer consists of more than one person, the obligations of each person are joint and several.

17. SEVERANCE Each clause, sub-clause and part of these T&Cs is separate and independent. If any clause or sub-clause or part is found to be invalid or ineffective, the other clauses or sub-clauses or parts will not be adversely affected.

18. WAIVER Any waiver by the Supplier must be in writing. In the event that the Supplier elects not to exercise any of the Supplier's rights under or connection with these T&Cs, the Supplier's election will not constitute a waiver of any rights relating to any other breach of these T&Cs.

19. ASSIGNMENT The Customer cannot assign these T&Cs or any agreement under its credit application (by change of control in ownership or legal structure or otherwise) without the Supplier's prior written consent. The Supplier may assign upon written notice to the Customer.

20. AMENDMENT These T&Cs may only be amended with the Supplier's prior written agreement. Any other contractual terms of the Customer (whether upon the Customer’s order or elsewhere) shall not apply in any circumstances nor shall they constitute a counter-offer.

21. RECIPIENT CREATED TAX INVOICE (RCTF) AGREEMENT Customer agrees that the Supplier may issue Recipient Created Tax Invoices ('RCTls') for the supply to Customer (or its agent) make to the Supplier. You will not issue tax invoices for these supplies. The Supplier will issue the RCTI within 28 days of determining the value of the supply.

22. GOVERNING LAW These T&Cs are governed by the laws of the State of Victoria. The Customer submits and consents to the jurisdiction of courts in Victoria and appeal courts therefrom.

23. PRIOR CONDUCT Customer represents that it has not, and does not, rely on the Supplier’s prior conduct or statements when entering into these T&Cs and agrees that the Supplier’s relies on this representation for the purpose of agreeing to provide credit.

24. RESALE OF GOODS The Supplier agrees to supply the goods to the Customer on condition that the Customer will only re-supply the goods to customers who purchase the goods at the Customer's business premises or who order or purchase the goods by telephone, email or from the Customer’s website which must be approved in writing by the Supplier.

25. INTELLECTUAL PROPERTY RIGHTS The Customer must not use any intellectual property rights (including but not limited to any copyright, patent, trade mark, design or other right) in the goods that are owned or used by the Supplier for the purpose of using, promoting, advertising, distributing and/or selling or otherwise re-supplying the goods without the prior written consent of the Supplier. These T&Cs do not convey to the Customer any right, title or interest in such intellectual property rights.

Warranty

If there is a Warranty Claim on our products, we will try to make the process quick and easy. 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.

The majority of Passenger Vehicle steering & suspension products as distributed by Specialist Wholesalers Pty. Ltd. trading as Roadsafe (RSV), including Roadsafe, O.E.M. Products and 555 Sankei Japan brands, carry a 36 month / 100,000kms (whichever occurs first) warranty. 4WD, Taxi and Commercial Vehicle steering & suspension products as distributed by RSV, including Roadsafe, O.E.M. Products and 555 Sankei Japan brands, carry a 24 month / 40,000kms (whichever occurs first) warranty. This warranty is applicable to components supplied for specific applications as listed in the Roadsafe/OEM Components Manual, from date of purchase by original purchaser. This warranty excludes bushings on 4WD suspension arms. Bushing warranty relating to 4WD suspension arms is covered separately as outlined below.

There are various items within the range whereby 36 month/100,000 or 24 month/40,000 kms warranty terms are not applicable – this exclusion relates specifically to items used in 4WD off-road applications and items with inherent design characteristics from genuine, whereby the loads and conditions to which the joint is subjected means normal warranty conditions cannot apply. These items will be managed on a case by case basis as/if required. All ball joints that have been designed by the OE supplier to be in a ‘load carrying tension position’ will be covered by a 12 month / 20,000 kms warranty (whichever occurs first). This includes, but is not limited to, BJ3562L, BJ3562R, BJ55, BJ426, BJ426L+ARM , BJ426R+ARM, BJ3396R , BJ3396L etc. Items fitted to vehicles with wheel and/or suspension design changes from standard are excluded from warranty. Such suspension design changes include either the lifting or lowering of vehicles. Such wheel changes predominately mean the fitment of wheels and tyres larger than standard. Unfortunately, some wheel or suspension design changes, alter both the steering geometry and forces applied to existing components that can have an effect on individual components, that have been manufactured to specific tolerances and operating angles. This warranty excludes bushings on 4WD suspension arms. Bushing warranty relating to 4WD suspension arms is covered separately as outlined below.

4WD suspension arm BUSHINGS are excluded from the above warranty conditions. Bushings included in 4wd suspension arms (such as Panhard Rods, Radius Arms, Trailing Arms, Sway Bar Links) are covered by a 3 month warranty from date of purchase. This warranty condition is applicable to both genuine bushings and aftermarket rubber bushings supplied in listed applications. This warranty applies to bushing failure as a result of manufacturer defects; however it does not apply to failures as a result of abuse, misuse or flex outside of what would be considered reasonable common use. Vehicle manufacturers such as Nissan Australia and Toyota Australia do not offer any warranty on their bushings when installed in an aftermarket suspension component, or fitted to any lifted vehicle.

Blackhawk Radius Arms are provided with a lifetime warranty for the original purchaser. If the Blackhawk Radius Arm (RANPBV2, RAFTLCB & RAFTLCB-DPF) fails to operate in the manner for which is was designed due to manufacturers defect in workmanship or materials, the item may be returned to the source of purchase with original invoice. The original purchaser will contact RSV and, if the warranty claim is found to be acceptable, will receive replacement item free of charge.

Roadsafe 4WD branded Compressors carry a 5 year limited* warranty. *Applicable to original purchaser with presentation of purchase invoice and excluding normal wear and tear items including finish, gauge, bag, hose, fittings and accessories. The warranty will not apply where (a) the product has been altered, repaired, modified or installed/operated incorrectly; (b) fault cannot be found by Roadsafe or a Roadsafe representative; (c) product showing signs of overheating, misuse/abuse, neglect or accidental damage; (d) product was used for a purpose other than intended use; (e) product has been subject to water ingress, humidity, abnormal environmental conditions or excessive heat of cold or (f) used in commercial, agricultural, mining or industrial applications.

King One branded winches from RSV carry a Lifetime Mechanical Warranty* & 3 Year Electrical Warranty*, applicable to the original winch purchaser. *There are certain conditions whereby the winch will not be eligible for warranty consideration including (a) winches returned in pieces; (b) improper selection or installation; (c) winches broken or physically damaged commensurate with being involved in an accident, dropped or otherwise damaged when not in operation; (d) winches that have been modified from standard; (e) winches damaged from incorrect disassembly or re-assembly, where either has been the cause of the issue; (f) product that shows signs of abnormal use, general abuse or neglect; and (g) where the winch was not purchased through a Roadsafe Authorised Stockist (batch coding can determine whether it is a Roadsafe KING ONE winch or from another source). Water ingress under normal winching conditions is covered by our warranty (using the winch, while it is submerged, is not normal). We understand that winches go through river crossings, and get wet. The number one enemy of winches is water. The KING ONE winch is not designed for direct contact with extreme high pressure cleaning equipment or prolonged total immersion. Marine winches are available for this application. The winch (any winch!) is not a ‘fit and forget’ item. It needs to be used regularly, and maintained. You should operate your winch at least every two to three months (run cable out half way, freespool 5m and rewind) and after river crossings. The Limited Lifetime Warranty covers against manufacturing defects in workmanship and materials on mechanical components. Electrical components consisting of motors, solenoids, wiring, remotes, wire connectors and associated parts carry a Limited 3 Year Electrical Warranty. Steel Cable and Synthetic Rope have no applicable warranty after initial use. Neither warranty considerations apply to the finish of the winch or normal wear and tear. RSV’s sole responsibility relating to the terms of this warranty, if any, shall be the replacement of the particular product as indicated. The owner will be responsible for removing the winch and returning it to an approved Roadsafe Authorised Stockist. All freight charges to and from the Stockist and/or RSV will be at the owners expense. If it is determined that replacement parts can be sent out to the owner in order to remedy the problem, this will be done and freight charges for replacement parts covered by RSV. In this situation, the faulty parts will need to be returned by the owner to relevant RSV warehouse (to be advised). RSV will repair or replace any or all winch parts, if after inspection are determined to be defective and deemed under warranty. RSV will not be liable for any installation or removal fees, whether or not the winch is under warranty. KING ONE winches are intended for use in domestic recovery applications, winches used in commercial or competitive applications will not be covered by warranty.

Agency line items distributed by RSV are covered by the specific Manufacturers Warranty applicable to the relevant brand.

RSV prepares component manuals and catalogues (including online catalogue) as a general reference guide only, and users should independently ascertain the suitability of each product for a particular application. IF YOUR VEHICLE IS MODIFIED FROM STANDARD IT IS UP TO YOU TO DETERMINE IF ROADSAFE PRODUCTS WILL FIT WITH YOUR MODIFICATIONS. AS THERE ARE MANY AND NUMEROUS OPTIONS FOR LIFT AND OTHER ACCESSORIES THAT MIGHT REQUIRE ADDITIONAL MODIFICATIONS TO ENABLE FITMENT. RSV ASSUMES NO RESPONSIBILITY FOR IMPROPER FITMENT DUE TO VEHICLE MODIFICATIONS FROM STANDARD. Manufacturers’ names and numbers are used for reference purposes only. Listing of products in RSV manuals and catalogues (including online catalogue) does not imply that any such parts are available for supply by RSV. The information contained in RSV manuals and catalogues (including online catalogue) is correct to the best of our knowledge and belief, having been compiled from official sources and those which we believe to be reliable. However, because of the possibility of human error, misinformation and vehicle changes/updates, we do not guarantee the accuracy, suitability or completeness of any information contained therein, and do not assume any responsibility for possible error. All drawings, illustrations and measurements as listed in RSV manuals and catalogues (including online catalogue) are to be used as a general guide only. RSV assumes no responsibility for errors or omissions and is not liable for any loss or damages resulting from the use of any RSV manual or catalogue (including online catalogue).

This warranty statement incorporates the exclusive expression of warranties by RSV and is in lieu of any and all other warranties expressed or implied.

If any item as covered by this warranty, correctly selected and fitted by qualified persons (Registered and Accredited Mechanic), fails to operate in the manner for which is was designed due to manufacturers defect in workmanship or materials, the item may be returned to the source of purchase with original invoice. The original purchaser will contact RSV and, if the warranty claim is found to be acceptable, will receive replacement item free of charge. RSV’s sole responsibility relating to the terms of this warranty, if any, shall be the replacement of the particular product as indicated. RSV assumes no responsibility for damages or failure due to improper selection, installation, mishandling, severe off-road use, abuse, labour claims or any consequential damages.

Lubrication

Greasable style Ball Joints and Tie Rod Ends, are supplied for some vehicle applications. The greasable product has been manufactured in the hard to hard style, with a small amount of assembly grease only. They require full greasing upon fitment, and re-greasing on each service, at regular service intervals. Failure to grease these items adequately will void warranty. Fitting and forgetting these safety critical components is not an option.

Inadequate lubrication results in restriction of ball stud movement and additional friction, this further results in greater lateral loads on the ball stud, which in turn leads to fatigue cracking, and eventual failure. Using various metallurgy techniques failure due to inadequate lubrication can be readily determined. There are various things that are looked at including evidence of corrosion, fretting wear, excessive metal-metal contact and fatigue cracking.