Terms of service

Cyclekart Supply Co. – Terms and Conditions of Sale

1. General

1.1 These Terms and Conditions (“Terms”) apply to all sales of goods by Cyclekart Supply Co. (“Supplier”, “we”, “us”).

1.2 By placing an order, the customer (“Customer”, “you”) agrees to be bound by these Terms.

1.3 These Terms prevail over any inconsistent terms proposed by the Customer unless agreed in writing.

2. Products and Intended Use

2.1 The Supplier provides fabricated, modified, and aftermarket components intended for use in cyclekarts or similar recreational vehicles.

2.2 Unless expressly stated otherwise, all products are supplied for off-road, recreational, or experimental use only.

2.3 The Customer acknowledges that it is their responsibility to ensure that goods are:

Suitable for their intended application
Installed correctly
Used and maintained safely

2.4 The Supplier does not provide engineering certification, installation services, or verification of compliance with any laws or standards unless expressly stated.

3. Orders and Payment

3.1 All prices are in Australian Dollars (AUD) and are subject to change without notice prior to order confirmation.

3.2 Payment must be made in full prior to dispatch unless otherwise agreed in writing.

3.3 The Supplier reserves the right to refuse or cancel any order prior to dispatch.

4. Shipping and Delivery

4.1 Delivery timeframes are estimates only and are not guaranteed.

4.2 Risk in the goods passes to the Customer upon dispatch from the Supplier’s premises.

4.3 The Supplier is not liable for delays, loss, or damage occurring in transit once goods have been dispatched, except to the extent required by law.

5. Returns and Refunds

5.1 Returns will be accepted for:

Goods that are defective; or
Goods supplied incorrectly

5.2 Change-of-mind returns are not accepted unless agreed in writing.

5.3 Any return request must be made within a reasonable time of delivery and must include proof of purchase.

6. Manufacturer’s Warranty

6.1 The Supplier warrants that goods will be free from defects in materials and workmanship for a period of 12 months from the date of purchase.

6.2 If a defect arises within the warranty period, the Supplier will, at its discretion:

Repair the goods;
Replace the goods; or
Provide a refund of the purchase price

6.3 This warranty does not apply to defects or failures resulting from:

Incorrect installation
Misuse, abuse, or accident
Modification of the goods
Normal wear and tear
Failure to properly maintain or inspect the goods

7. Limitation of Liability

7.1 To the maximum extent permitted by law, the Supplier’s liability for any claim arising out of or in connection with the supply of goods is limited to one or more of the following (at the Supplier’s option):

Replacement of the goods;
Repair of the goods; or
Refund of the purchase price of the goods

7.2 To the maximum extent permitted by law, the Supplier’s total liability shall not exceed the amount paid by the Customer for the goods.

8. Exclusion of Consequential Loss

8.1 To the maximum extent permitted by law, the Supplier shall not be liable for any:

Indirect or consequential loss;
Loss of profits, revenue, or business;
Loss of use;
Damage to other property

arising from or in connection with the supply or use of the goods.

9. Indemnity

9.1 The Customer indemnifies and holds harmless the Supplier from and against any claims, damages, losses, liabilities, and expenses arising from:

Incorrect installation or use of the goods;
Use of the goods for unintended purposes;
Modification of the goods;
Failure to follow any instructions or safety practices

to the extent permitted by law.

10. Australian Consumer Law

10.1 Nothing in these Terms excludes, restricts, or modifies any rights or remedies the Customer may have under the Australian Consumer Law (ACL) or any other applicable legislation that cannot be excluded.

10.2 Where goods are supplied to a consumer within the meaning of the ACL, the following applies:

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 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.

10.3 To the extent permitted by the ACL, where goods are not of a kind ordinarily acquired for personal, domestic, or household use, the Supplier’s liability is limited to: