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Terms and Conditions - Industrial Diesels Australia (IDA)

Terms and Conditions

This website is operated by MTU Detroit Diesel Australia Pty Limited trading as Industrial Diesels Australia, (hereafter “IDA”).

The purpose of this website is to dispose of MTU Detroit Diesel Australia Pty Ltd’s (“MTUDDA”) aged inventory which is deemed surplus stock. Through this website IDA will be able to offer for sale to the public certain stock at a reduced price. Should you require a specific Part Number that is displayed as ‘nil stock’ please contact us
Your use of this site and the information available on this site is subject to the Terms and Conditions set out below. You agree to be bound by, and comply with, these terms and conditions by using this site and/or obtaining or ordering products from this site. If you do not accept these Terms and Conditions in full, you must stop using this website immediately. IDA in its sole discretion reserves the right to change these Terms and Conditions at any time without notice. Any such changes will be posted here.

IDA has used its best endeavours to ensure the accuracy of the information contained in this site. IDA are constantly seeking ways to improve the specification, design and production of our products and services, and alterations take place continually. Whilst every effort is made to produce the most current products and specifications, this site should not be regarded as an infallible guide to our products and services.

All information in this website is true and correct at time of publication based on the knowledge available to IDA at that time. IDA makes no representations or warranties (express or implied) in relation to this website or to the accuracy, correctness or completeness of the information contained herein. IDA will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website. Your use of this website is evidence of your unconditional acceptance and acknowledgement that IDA cannot and will not be held liable for any reliance by you on the information provided herein or otherwise and that IDA will be held harmless in any event.

MTUDDA Distributors and Dealers are not our agents and have absolutely no authority to bind us by any express or implied undertaking or representation.

This site is available only for your personal, non-commercial use.

The price you pay for IDA Surplus Stock shipped direct from IDA is the price shown on the web-page plus GST if sold in Australia and additional packing and shipping charges as appropriate. All prices shown are in Australian dollars (AUD).

IDA reserves the right to change prices listed without notice. All orders for products are subject to availability and IDA reserves the right to decline to supply any individual or company. Prices online will differ from those elsewhere.

Prices displayed on this website are exclusive of GST and will be applied at the rate of 10%, or any other such rate as prescribed by the Australian Federal Government from time to time.

You are responsible for any taxes, duties or other liabilities imposed by any governmental agency, including without limitation, any customs duty, goods and services taxes or any value added tax imposed on any products or services acquired or ordered by you from this website.

When ordering from the IDA website, you may cancel your order for any reason at any time up to the point of dispatch. If you have already received the goods, then you must notify IDA via the “Contact Us” facility on the website within two (2) business days of receipt of goods and the goods must be returned to IDA within seven (7) days at your own cost. Any returns for a change of mind outside these timeframes will not be accepted. Please use the “Contact Us” facility on the website to make arrangements for the return. However, if you do cancel the following terms will apply:

1. You may not cancel your order(s) if you have taken any product out of the sealed package in which it was delivered to you;

2. If you cancel your order but IDA has already dispatched the product to you, then you must use the “Contact Us” facility immediately on the website to notify us of your intention to cancel the order;

3. If the product(s) have already been shipped and you have received them, you must, within seven (7) days of receiving the product(s), arrange for the product(s) to be returned to IDA at your own expense, using Australia Post (for small items) or a freight company. It is the customer’s responsibility to ensure the goods are appropriately packaged to avoid any damage to the product(s) during return shipment to IDA.

From time to time, it is possible that products ordered may not be “in stock” when the warehouse attempts to pick the products to fulfill your order. In that case a full refund will be made to your credit card and an email will be sent to your nominated email address advising you of the shortfall, new quotation and lead time for your requirement.

IDA will arrange delivery of the product(s) you ordered, in accordance with the shipping details nominated by you. IDA will endeavour to deliver the product(s) to you as soon as possible. Please allow fourteen (14) days for delivery in Australia. IDA will email you with the dispatch details and a shipping reference number at the time the goods are collected by the shipping company. There are no facilities for you to pick up your order from our warehouse.

IDA will retain title to the product(s) you order until you have made payment in full for those products, but all risk in the products will pass to you upon their delivery to or collection by a postal or courier service. You should consider whether to obtain any suitable insurance.

The provisions of this clause apply on and from the PPSA Registration Commencement Time.

You hereby acknowledge and agree that these Terms and Conditions constitute a Security Agreement which creates a Security Interest in all products supplied to you by IDA to secure the payment from time to time that becomes due and payable by you.

You acknowledges that by agreeing to these Terms and Conditions, you grant a Security Interest to IDA and in all products supplied by IDA to you and these Terms and Conditions shall apply notwithstanding anything express or implied to the contrary contained in your purchase order. You additionally agree that IDA can without notice to you seek Registration of its Security Interest as a Purchase Money Security Interest on the PPSR and under the PPSA.

In this clause, the terms “Security Agreement”, “Security Interest”, “Registration”, “Personal Property Securities Register” (or “PPSR”), “Priority Interest”, “Purchase Money Security Interest”, have the meanings given in the PPSA.

IDA hopes all of its customers are happy with their purchases. If the product(s) IDA deliver are not what you ordered or are defective or damaged, please use our “Contact Us” tab to let us know as soon as possible. We will liaise with you for the return of the goods. You will be charged for the return shipment costs, but after confirming the product is defective or damaged, IDA will provide a refund directly to your credit card.

The good(s) hereby sold are aged inventory and NO MANUFACTURER OR FACTORY WARRANTY IS GIVEN IN RESPECT OF THEM.  The absence of a manufacturer (factory) warranty does not in any way affect any rights a consumer may have in relation to the good(s) under the Australian Consumer Law.  Our goods come with consumer guarantees (as set out in the Australian Consumer Law), which cannot be excluded.

IDA will not be liable to you in the event that it is prevented by circumstances beyond its control from delivering any product which you have ordered or for any damaged or defective goods. Such events include, however are not limited to, Acts of God or public enemies, war, insurrection or riot, fire, flood, explosion, earthquake or serious accident, strike, labour trouble or work interruption, or any cause beyond IDA’s control.

If any term, condition, or provision of these terms and conditions is determined to be unlawful, invalid, void, or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions and provisions shall not in any way be affected or impaired thereby.

If you have any comments with regards to service you’ve received from us online please use the “Contact Us” tab on the website.

We try to ensure that information on our site is accurate, complete and up-to-date. However, in using this site you agree to be bound by these Terms & Conditions, which take effect on the date when you first use the site.

Without prejudice to your statutory rights, the site and all information, text, names, images, pictures, logos, links and icons and other materials (without limitation) are provided ‘AS IS’ and on an ‘IS AVAILABLE’ basis without representation warranty or endorsement, express or implied. The information, specification and colours on this website may vary from model to model and are subject to change without notice. In particular, we do not warrant or represent the accuracy or completeness of information provided on the site nor do we guarantee that use of this site will be uninterrupted or error-free, or that the site and its servers are free of computer viruses or bugs.

In no event will we be liable to any person for any damage or loss that may arise from the use of any information contained in our site or products displayed on our site, including, without limitation, indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or any other action, arising out of or in connection with the use of the site.

Where any Act of Parliament implies in the Terms and Conditions any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in the Terms and Conditions, however, the liability of IDA for any breach of such term, condition or warranty shall be limited, at the option of IDA, to any one or more of the following:

Breach relating to product(s):
(a) the replacement of the product(s) or supply of equivalent product(s);
(b) the repair of such product(s);
(c) the payment of the cost of replacing the product(s) or of acquiring equivalent product(s); or
(d) the payment of the cost of having the product(s) repaired; and

Notwithstanding anything else in these Terms & Conditions, we will not be liable for claims relating to the functionality or availability of this site.

Subject to these terms and conditions, IDA grants you a non-exclusive, non-transferable, limited right to access, use and display this website and the materials therein. You agree not to interrupt or attempt to interrupt the operation of the website in any way.

IDA authorises you to view and download the materials at this website only for your personal, non-commercial use. This authorisation is not a transfer of title in the materials and copies of the materials and is subject to the following restrictions: 1) you must retain, on all copies of the materials downloaded, all copyright and other proprietary notices contained in the materials; 2) you may not modify the materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and 3) you must not transfer the materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use. You agree to abide by all additional restrictions displayed on the website as it may be updated from time to time.

All names, images, logos identifying IDA, are proprietary marks of IDA respectively, and are used with permission. All third party brand, product, service and company names contained on this site are the trademarks, service marks and trade names of their respective holders. We do not give any permission for their use by any person other than the holders. Any such use may constitute an infringement of the holders’ intellectual property rights.

As a convenience to you, IDA may provide, on this website, links to websites operated by other entities. If you use these sites, you will leave this website. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. IDA makes no warranty or representation regarding, and does not endorse, any linked website or the information appearing thereon or any of the products or services described thereon.

Links do not imply that IDA or this website sponsors, endorses, is affiliated or associated with, or is legally authorised to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorised to use any trademark, trade name, logo or copyright symbol of IDA or any of its affiliates or subsidiaries.

Software downloads from this site have been thoroughly scanned and tested at all stages of production but, as with all downloaded software, we still recommend that you run a virus checker before use. We also recommend that you have an up-to-date backup of your hard disk before using the software. We cannot accept responsibility for any disruption, damage and/or loss of data on your data or computer system that may occur while using the software. Consult your network administrator before installing any software on a networked computer.

These Terms & Conditions shall be governed by and construed in accordance with the laws of Australia. Disputes arising in connection with this site or purchase there from shall exclusively be subject to the jurisdiction of the courts of Australia.

All rights, including copyright and database rights, in this website and its contents, are owned by or licensed to IDA, or are otherwise used by IDA as permitted by applicable law or the copyright holder. You may not copy, reproduce, republish, download, post, broadcast or transmit any text, images, graphic, logo, button, icon, image and their selection and arrangement thereof, and any underlying source code and software, for any commercial or public purpose without prior written permission from IDA or the copyright holder.

You may not adapt, alter or create any of the material or information in this site or use it for any other purpose other than for your personal non-commercial use. You agree to use this site only for lawful purposes.

Except as expressly provided herein, IDA does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.

IDA reserves the right to use for its own purposes any material submitted to this site, including text and images, either on the site or in any other form, including for publicity purposes. IDA reserves the right to monitor submissions to the site and to edit or reject any submissions.

Copyright © 2012 MTU Detroit Diesel Australia Pty Limited