Terms And Conditions – Lovett Industries

LOVETT INDUSTRIES TERMS & CONDITIONS 2017

SHIPPING & HANDLING:

Shipping and Handling charges are based on the total price of your order. Oversized or heavy items may have additional shipping cost. This charge may not be calculated until the order is being prepared. “Lovett Industries”, will notify the Customer if there is an increase in shipping charges or your order prior to final billing and shipping. “Lovett Industries” reserves the right to ship using the carrier of their choice.

SALES:

All sales are final. All goods remain the property of the “Lovett Industries” until paid for in full. Individual product descriptions are claims of the manufacturer and/or distributor and are not guaranteed accurate. Prices are subject to change without notice. Mistakenly posted prices on the website do not obligate us to those incorrect prices. “Lovett Industries” reserves the right to refuse to sell to anyone for any reason. Please consider the ACCC website (https://www.accc.gov.au/consumers/consumer-rights-guarantees) for consumer rights:

You can return an item to “Lovett Industries” If:
1. It is Faulty
2. has not been described correctly
3. Different to what was shown to you
4. Doesn’t do what we say it will do
5. If the quality is of a “Poor” Standard e.g. Poorly built

 

CREDIT CARD ORDERS:

- All Credit card orders are subject to a 2% Surcharge which must be paid prior to your order being despatched
- All high ticket items purchased will be subject to our verification process

CANCELLATION FEES:

- All cancellations will be subject to a cancellation/restocking fee of 15% up to a $100 Maximum. 


TERMINATION OF AGREEMENTS & REFUNDS POLICY:

Both the Customer and “Lovett Industries” have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded except those which are non-refundable deposits.

MOTORIZED BIG WHEEL DRIFT TRIKE ORDERS:

Custom “Motorized” Drift Trike orders, require half of the total purchase price as a non-refundable deposit. The Customer must pay the remaining balance owed on the total cost of the Custom “Motorized” Drift Trike before taking possession. The total cost will remain as agreed upon from prior communications. Total cost may increase if the Customer requests additional upgrades or information during the construction and build of the Custom “Motorized” Drift Trike. The Customer must pay freight shipment costs as determined “Lovett Industries” to take possession of the Custom “Motorized” Drift Trike unless a physical pick-up by the Customer is approved by “Lovett Industries” If the balance owed and/or freight shipment costs are not fully paid within 1 month of the completion of a Custom “Motorized” Drift Trike, the Custom “Motorized” Drift Trike order will become the property of “Lovett Industries” to do with as they please and the Customer will then lose his/her rights to the Custom “Motorized” Drift Trike and the non-refundable deposit. This policy will commence as of the date when a half down non-refundable deposit is made. “Lovett Industries” is not liable for theft or loss due to damage caused by fire or other acts of God. The above property is sold on an “AS IS” basis. The seller makes no warranties, express or implied (except as specifically stated on this document). All sales are final. “Lovett Industries” is not liable for any damage occurring after the Custom “Motorized” Drift Trike has left “Lovett Industries” property, in transit or in customer’s possession.

COPYRIGHT NOTICE:

Copyright and other relevant intellectual property rights exist on all text, images and videos relating to “Lovett Industries” services and the full content of this website. This Company’s logo is a registered trademark of this Company Australia. The brand names and specific services of “Lovett Industries” featured on this web site are trademarked.


NOTIFICATION OF CHANGES:

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our homepage and on other key pages on our site. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis

These terms and conditions form part of the Agreement between the Customer and ourselves. Your accessing of this website and/or purchasing from “Lovett Industries” or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Policies contained herein. Your statutory Consumer Rights are unaffected.

© Lovett Industries 2017 All Rights Reserved

DISCLAIMER:

The information, services, products, and materials contained in this site, including, without limitation, text, graphics, and links, are provided on an "as is" basis with no warranty. To the maximum extent permitted by law, “Lovett Industries” disclaim all representations and warranties, express or implied, with respect to such information, services, products, and materials, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, freedom from computer virus, and implied warranties arising from course of dealing or course of performance. In addition, “Lovett Industries” does not represent or warrant that the information accessible via this web site is accurate, complete or current. Price and availability information is subject to change without notice. Due to the large amount of content and information provided, errors can and will occur. By visiting this web site you agreed “Lovett Industries” shall be held harmless from all liability and responsibility for any and all errors or omissions in the information provided on this web site. “Lovett Industries” shall not be required or obligated to honor any price if said price is incorrect or inaccurate, regardless of whether the information was entered by “Lovett Industries”

LIMITATION OF LIABILITY:

In no event shall “Lovett Industries” be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any damages whatsoever, even if “Lovett Industries” has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.

IMAGES, LOGOS, TRADEMARKS & COPYRIGHT:

The images, logos, copy and trademarks contained in this site, including but not limited to the text, images, audio or video, may not be used in any manner, or for any purpose, without “Lovett Industries” express written permission, are believed to be in the public domain or used with permission of the respective trademark or copyright holder. The information and images on this site may not in any way be used in any manner, or for any purpose, without the express written permission, of “Lovett Industries” or the official holder of the copyright or trademark. Please contact “Lovett Industries” if you have questions or concerns about the site content.

ACCEPTANCE OF ORDERS:

“Lovett Industries” reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the

acceptance of any order. By placing a credit card order, the customer grants “Lovett Industries” permission to contact their bank to verify name and address.

By viewing our website you automatically agree to the terms and conditions set out, IF you do not agree with our Terms And Conditions please exit our website.

WHEREAS, Seller is in the business of selling motorised big wheel drift trikes and Electric Bicycles (Product); and

 

WHEREAS, Buyer desires to purchase Product from Seller.

 

NOW, THEREFORE, for and in consideration of the mutual covenants herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows:

 

  • Purchase and Sale of Big Wheel Drift Trike and Electric Bicycles.  Subject to the terms and conditions of this Agreement, Seller shall sell to Buyer and Buyer shall purchase from Seller Product with details more specifically described in Exhibit A, attached hereto and incorporated herein by reference.  Except as provided in sections 4 and 7 of this Agreement, this sale shall be final, and no return or exchange shall be permitted.
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  • Release of Liability and Assumption of Risk.  Buyer shall execute a release of liability and assumption of risk in the form of the release of liability and assumption of risk attached hereto as Exhibit B and incorporated herein by reference.
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  • Shipment and Delivery.  Seller shall select the method of shipment of, and the carrier for, the Product.  Seller shall deliver the Product using Seller’s standard methods for packaging and shipping such Products. Any time quoted by Seller for delivery is an estimate only.  Seller shall not be liable for or in respect of any loss or damage arising from any delay in filling any order, failure to deliver, or delay in delivery.
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  • Inspection.  Buyer shall inspect the Product within three (3) days of delivery of the Product (“Inspection Period”) and either accept or, if the Product is nonconforming, reject it. Buyer will be deemed to have accepted the Product unless it notifies Seller in writing of any nonconformity during the Inspection Period and furnishes such written evidence or other documentation as required by Seller.  If Buyer timely notifies Seller of any nonconformity, Seller shall determine, in its sole discretion, whether the Product is nonconforming.  If Seller determines that the Product is nonconforming, it shall, in its sole discretion:  (i) replace the nonconforming Product with a conforming Product, or (ii) refund the price for the nonconforming Product, together with all shipping and handling expenses incurred by Buyer in connection therewith.  Buyer shall ship, at its expense and risk of loss, the nonconforming Product to Seller’s facility.  If Seller exercises its option to replace the nonconforming Product, Seller shall, after receiving Buyer’s shipment of the nonconforming Product, ship to Buyer, at Buyer’s expense and risk of loss, the replaced Product.  BUYER ACKNOWLEDGES AND AGREES THAT THE REMEDIES SET FORTH IN THIS SECTION ARE BUYER’S EXCLUSIVE REMEDIES FOR THE DELIVERY OF A NONCONFORMING PRODUCT, SUBJECT TO BUYER’S RIGHTS UNDER SECTION 7 WITH RESPECT TO ANY NONCONFORMING PRODUCT FOR WHICH BUYER HAS ACCEPTED DELIVERY UNDER THIS SECTION. Except as provided under this section and section 7, Buyer has no right to return the Product to Seller.
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  • Title and Risk of Loss.  Title to the Product and risk of loss shall pass to Buyer upon delivery of the Product to Buyer.  
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  • Price and Payment.  Buyer shall purchase the Product from Seller at the price set forth on Seller’s price list in effect as of the Effective Date of this Agreement.  Buyer shall pay for, and shall hold Seller harmless from, all shipping charges and insurance costs.  In addition, all prices are exclusive of, and Buyer is solely responsible for, and shall pay, and shall hold Seller harmless from, all taxes, with respect to, or measured by, the manufacture, sale, shipment, use or price of the Product (including interest and penalties thereon); provided, however, that Buyer shall not be responsible for any taxes imposed on, or with respect to, Seller’s income, revenues, gross receipts, personnel or real or personal property or other assets.  Payments may be made by Bank Deposit or on Seller’s website using offered payment options. Buyer shall pay a non-refundable deposit of 50% cost in the amount reflected on Exhibit A upon execution of this Agreement.  The remaining balance shall be paid by Buyer before the Product is shipped.  If the remaining balance is not paid within three (3) months of completion of the Product and notification by Seller that the Product is ready to ship, the Product shall become the Seller’s Property and the Buyer shall forfeit his, her or its non-refundable deposit.
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  • Product Warranties.
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  • FAT DRIFTER - Limited Warranty.  Seller warrants the Fat Drifter to Buyer that for a period of (90) days from the date of delivery of the Product (“Warranty Period”), the Product being Trike “FRAME” and “FRONT FORK” will materially conform to the specifications set forth in Exhibit A and will be free from material defects in material and workmanship.  The Seller shall not be liable for a breach of the warranty set forth in this section if: (i) Buyer makes any further use of the Product after giving notice to Seller of the defect; (ii) the defect arises because Buyer failed to follow Seller’s oral, written or video instructions as to the storage, installation, commissioning, use or maintenance of the Product; or (iii) Buyer alters or repairs the Product without the prior written consent of Seller.
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  • Third-Party Products.  Products manufactured by a third-party may constitute, contain, be contained in, incorporated into, attached to or packaged together with, the Product. Third-party products are not covered by the warranty in this section 7.  
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  • Warranty Procedures.  The Seller shall not be liable for a breach of the warranty set forth in section 7(a) unless: (i) Buyer gives written notice of the defect, reasonably described, to Seller within three (3) days of the time when Buyer discovers or ought to have discovered the defect; (ii) Seller is given a reasonable opportunity after receiving the notice to examine the Product and Buyer (if requested to do so by Seller) returns the Product to Seller’s place of business at buyers cost for the examination to take place there; and (iii) Seller reasonably verifies Buyer’s claim that the Product is defective.  Seller shall, in its sole discretion, either: (i) repair or replace the Product (or the defective part) or (ii) credit or refund the price of the Product provided that, if Seller so requests, Buyer shall, at Buyers expense, return the Product to Seller.
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  • THE REMEDIES SET FORTH IN THIS SECTION 7 SHALL BE THE BUYERS SOLE AND EXCLUSIVE REMEDY AND SELLERS ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN THIS SECTION 7.
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  • Cancellation.  This Agreement may be terminated by Buyer, in its sole discretion, within twenty-four (24) hours of the Effective Date by providing written notice to Seller.  Notice provided in person or by phone must be confirmed in writing.  Seller may charge a one hundred dollar ($100) fee for administrative expenses associated with Buyer’s cancellation.    
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  • Indemnification.  Buyer shall indemnify, defend and hold harmless Seller and its officers, directors, employees, agents, affiliates, shareholders, successors and assigns (collectively, “Indemnified Parties”) against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, fees and the costs of enforcing any right to indemnification under this Agreement and the cost of pursuing any insurance providers, incurred by the Indemnified Parties, relating to, arising out or resulting from any claim of a third-party or party alleging:  any bodily injury, death of any person or damage to real or tangible personal property caused by the willful or negligent acts or omissions of the Buyer or any failure by the Buyer to comply with any applicable laws. Notwithstanding anything to the contrary in this Agreement, this section does not apply to any claim (direct or indirect) for which a sole or exclusive remedy is provided for under another section of this Agreement.  
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  • NO LIABILITY FOR CONSEQUENTIAL OR INDIRECT DAMAGES.   NEITHER SELLER NOR ITS REPRESENTATIVES SHALL BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES ARISING OUT OF OR RELATING TO ANY BREACH OF THIS AGREEMENT, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE OR COULD HAVE BEEN REASONABLY FORESEEN, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
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  • MAXIMUM LIABILITY.   SELLER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL NOT EXCEED THE TOTAL OF THE AMOUNTS PAID TO SELLER PURSUANT TO THIS AGREEMENT.


  • Miscellaneous.
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  • Entire Agreement.  This Agreement, including Exhibits A and B, attached hereto and incorporated herein by reference, constitutes the sole and entire agreement of the parties with respect to the subject matter contained herein and therein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.  
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  • Amendment and Modification.  This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party hereto.
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  • Waiver.  No waiver by Seller of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by Seller. No waiver by Seller shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
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  • Governing Law.  This Agreement and all matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the laws of Australia without giving effect to any choice or conflict of law provision or rule (whether of the Country of Australia or any other jurisdiction).
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  • Counterparts.  This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. A signed copy of this Agreement delivered by facsimile, e-mail or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement.
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    WAIVER OF LIABILITY WHEN OPERATING OUR PRODUCTS:

    YOU you agree that you are above the age of 18 and purchasing motorised big wheel drift trike(s) or Michael Blast Electric Bicycle from Lovett Industries Pty Ltd ATF The Lovett Trust t/as Lovett Industries (“Seller”) pursuant to that certain Purchase and Sale Agreement by and between YOURSELF and the Seller, agree to all of the terms and conditions set forth in this Release of Liability and Assumption of Risk Agreement in consideration for being permitted by Seller to purchase a motorised big wheel drift trike.

    YOU ARE AWARE AND UNDERSTAND THAT OPERATING A MOTORISED BIG WHEEL DRIFT TRIKE OR AN ELECTRIC BICYCLE IS A DANGEROUS ACTIVITY AND INVOLVES THE RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE. YOU ACKNOWLEDGE THAT I AM VOLUNTARILY PURCHASING AND USING A 
    MOTORISED BIG WHEEL DRIFT TRIKE OR AN ELECTRIC BICYCLE WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE SELLER OR OTHERWISE.


    YOU hereby expressly waive and release, to the fullest extent permitted by law, any and all claims, now known or hereafter known in any jurisdiction throughout the world, against the Seller, and its officers, directors, employees, agents, affiliates, shareholders, successors and assigns (collectively, “Releasees”), arising out of or attributable to YOUR ownership, possession, handling or use of the motorised big wheel drift trike, whether arising out of the negligence of the Seller or any Releasees or otherwise. YOU covenant not to make or bring any such claim against the Seller or any other Releasee, and forever release and discharge the Seller and all other Releasees from liability under such claims to the fullest extent permitted by law.

    This agreement is binding on and shall inure to the benefit of the Seller and YOURSELF and our respective successors and assigns. All matters arising out of or relating to this agreement shall be governed by and construed in accordance with the laws of Australia without giving effect to any choice or conflict of law provision or rule.

    BY VIEWING AND READING THESE TERMS AND CONDITIONS, YOU AUTOMATICALLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND THAT YOU ARE VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE LOVETT INDUSTRIES PTY LTD.


    BY READING THIS YOU AGREE TO THE ABOVE, IF YOU DO NOT AGREE PLEASE EXIT OUR WEBSITE AND DO NOT PROCEED

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