TERMS AND CONDITIONS

Definitions

The Buyer means any person, business or company purchasing goods supplied by DiMoto Pty Ltd (ABN 17 129 752 138).

Conditions of Sale

Orders are only accepted subject to the Terms & Conditions set out below. In the event of the Buyer's Purchase Order containing printed conditions, the order for the goods is accepted by DiMoto Pty Ltd on the understanding that any conditions at variance with the Terms and Conditions stated herein have been waived by the Buyer.

Cancellation of Orders

An order which has been accepted by DiMoto Pty Ltd may not be cancelled by the Buyer, unless DiMoto Pty Ltd is informed in writing and the cancellation is accepted by DiMoto Pty Ltd in writing. In the case of cancellation the Buyer shall indemnify DiMoto Pty Ltd in full against all costs,, charges and expenses incurred by DiMoto Pty Ltd. Goods which have already been despatched will be dealt with as a standard return as detailed within these Terms and Conditions.

Product Specification

DiMoto Pty Ltd attempts to ensure the information contained in the DiMoto website and literature is both accurate and up-to-date, however, DiMoto makes no warranty, guarantee, or promise, express or implied, concerning the content or accuracy of the information accessible via this site or contained in the literature.

DiMoto Pty Ltd does not accept any responsibility for damage, injury, loss or expense resulting from any errors or omissions.

Copyright & Trademarks

Unless otherwise indicated, information contained in this site is Copyright © DiMoto Pty Ltd. You may download, display, print and reproduce this material in unaltered form only, provided that appropriate acknowledgment is made (retaining this notice). Apart from any use as permitted under the Copyright Act 1968, all other rights are reserved.

It is acknowledged that all trademarks and trade names mentioned in any DiMoto Publication or on the DiMoto Web site are the property of their respective companies/owners.

Warranties

Products sold to the Purchaser by DiMoto Pty Ltd or an authorised distributor are warranted by DiMoto Pty Ltd for a period of 12 months, commencing from the date of delivery. This warranty is non-assignable and non-transferable, and applies only to defects in materials and workmanship. Reasonable wear and tear and improper installation, operation or maintenance does not constitute defect in materials or workmanship, and the warranty will not apply.

Liability under this warranty is limited, at DiMoto Pty Ltds option, to the replacement or repair of any defective materials.  On repair or replacement of defective materials, DiMoto Pty Ltds warranty will continue for the remainder of the 12 month period for the original part. Under no circumstances will DiMoto Pty Ltd accept liability for loss of income, productivity or incidental damages as a result of repair or replacement of defective materials.

Prices

For Australian purchasers, GST (Goods and Services Tax) of 10% applies and will be quoted on the invoice. For overseas purchasers, taxes and duties may apply regardless of whether they are included on the invoice, and as such, the Purchaser is responsible for collecting and/or paying all such taxes, or presenting tax exemption certificates to the relevant authorities.

DiMoto Pty Ltd reserves the right, without prior notice, to vary any advertised prices.

Delivery

Delivery dates, if quoted, are given in good faith, are non binding and do not form part of this contract. DiMoto Pty Ltd cannot be held liable for non-delivery or the late delivery of products for whatever reason, nor for the compensation against any loss whether consequential or otherwise arising from non-delivery or late delivery.

Unless expressly noted, all quoted prices exclude delivery. Shipping terms are EXW, Buderim, Australia.

In the event of a shortage in supply or damage during transit the Buyer should advise DiMoto Pty Ltd in writing within 3 days of receipt of the delivery.

Payment Terms

1) Credit Terms (subject to completion and acceptance of a credit application form). Payment is due strictly 30 days from date of invoice. Credit facilities may be withdrawn at the discretion of DiMoto Pty Ltd without prior notice. A surcharge of 4.5% will apply to the value of an Account being settled by Credit Card. DiMoto Pty Ltd reserves the right to charge interest on overdue accounts at the rate of 2% per calendar month from the due date of payment to the receipt of payment.

2) Credit/Debit Cards. DiMoto accepts MasterCard and Visa. Any items which are out of stock are charged for at the point of order and despatched at a later date. The Buyer has the option for a refund to the Credit/Debit card if the item is out of stock for a period of 30 days or more following the charge to the Credit/Debit card.

3) Electronic Funds Transfer/Direct Deposit. Funds can be deposited directly to our bank account by EFT or Direct Deposit. Our bank account details will be provided on request. Goods will not be despatched until remittance advice has been received. For an initial orders goods will not be despatched until funds have been received.

4) Cheque. Cheques should be made payable to DiMoto Pty Ltd. For an initial order, the cheque must be cleared before goods are despatched. (Electronics Funds Transfers are preferred over Cheques)

Returns

No returns will be accepted without prior consent from DiMoto Pty Ltd. Upon request, a Return Merchandise Authorisation (RMA) Form will be supplied via email or fax to the Buyer to complete. Merchandise will only be authorised for return once RMA has been received and processed by DiMoto and Buyer has been issued with an authorisation number.

Goods being returned as faulty where no fault is found will incur a handling charge.(The greater of $30 or 25% of the invoice value) The handling charge will be deducted from the value of the credit note or invoiced to the Buyer's account, which ever is applicable.

Acceptance of returns due to a mistake on the part of the Buyer will be at the discretion of DiMoto Pty Ltd. Goods will only be accepted when DiMoto Pty Ltd is notified within 7 days of the original invoice date. Goods being returned due to a mistake on the part of the Buyer will incur a handling charge. (The greater of $30 or 25% of the invoice value). The handling charge will be deducted from the value of the credit note.

Custom items that have been specifically made, modified or purchased for the Buyer shall not be credited, unless there has been an error on behalf of DiMoto Pty Ltd.

Specific Conditions Of Sale

1) Title of the goods sold on the invoice does not pass to the Buyer until DiMoto Pty Ltd has received payment in full for the goods. If the Buyer sells the goods before payment, the proceeds from the sale shall belong to DiMoto Pty Ltd, until payment in full for the goods has been received from the Buyer or otherwise.

2) After delivery of the goods to the Buyer and pending payment, the Buyer shall hold the goods on behalf of DiMoto Pty Ltd at the Buyer's risk, and DiMoto Pty Ltd shall always be entitled to call for the return of the goods or payment in full (in cases such as loss, damage, etc.).

3) If the risk and title of the goods has passed to the Buyer and the goods are subsequently returned to DiMoto Pty Ltd for whatever reason, the risk of the goods will not pass from the Buyer to DiMoto Pty Ltd until the goods are signed for by authorised personnel at DiMoto Pty Ltd.

Exclusion Of Liability

Except as provided under the above section headed "Warranties", DiMoto Pty Ltd shall not be under any liability whether in contract or otherwise, and whether or not resulting from the negligence of DiMoto Pty Ltd or that of DiMoto Pty Ltd employees, servants or agents, in respect of goods delivered or for any damage or loss resulting from use of goods.

DiMoto Pty Ltd shall not be under any liability for any damage or loss arising or said to arise from the use of any of our products.

This website contains links to other sites that are external to DiMoto. The links do not constitute endorsement of material at those sites, or any associated organisation, product or service. DiMoto expressly disclaims all and any liability and responsibility to any person in respect of the use of material provided from these website links.