Terms And Conditions
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.
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
- 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 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:
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
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:
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