Terms & Agreement
Oomph Automotive Pty Ltd
Terms and Conditions for Red Dirt Diesel Chips
THIS AGREEMENT is made on the date you agree to purchase the Red Dirt Diesel Chip from Oomph Automotive Pty Ltd ABN 156 043 560 via www.reddirtdiesel.com.au
1. Oomph Automotive Pty Ltd ABN 156 043 560 of PO Box 7166, Berrima, NSW 2577 ("seller")
2. The Buyer ("buyer")
B. The buyer wishes to buy goods from seller either by paying full price or in instalments as per the Red Dirt Diesel website.
C. The seller has agreed to sell and buyer has agreed to buy goods on the terms and conditions set out in this agreement.
1. 'Commencement date' means the date the buyer has agreed to buy the goods;
'Confidential information' means information that is by its nature confidential but does not include:
(a) information already known to the receiving party at the time of disclosure by the other party; or
(b) information in the public domain other than as a result of disclosure by a party in breach of its obligations of confidentiality under this agreement;
'Delivery' means the arrival of the Red Dirt Diesel Chip at the delivery site;
'Delivery date' means the date specified for delivery of the Red Dirt Diesel Chip;
'Delivery site' means the delivery address information specified by the buyer for the mailing of the Red Dirt Diesel Chip on the delivery date arranged;
'Equipment' means the Red Dirt Diesel Chip supplied by Oomph Automotive Pty Ltd;
(a) the same as in the GST Law;
(b) any other goods and services tax, or any tax applying to this agreement in a similar way; and
(c) any additional tax, penalty tax, fine, interest or other charge under a law of such a tax;
'GST Law' means the same as 'GST law' in A New Tax System (Goods and Services Tax) Act 1999 (Cth);
'Installation' means the installation of the Red Dirt Diesel Chip at the installation site as per the warranty;
'Installation date' means the date the buyer installs the Red Dirt Diesel Chip in the vehicle;
'Installation site' means the vehicle belonging to the buyer where the installation of the equipment is to be effected; and
'Price' means the price of the Red Dirt Diesel Chip as specified on the Red Dirt Diesel website.
Words importing the singular include the plural and vice versa and words importing one gender shall include all other genders. Headings are for ease of reference only and shall not affect the interpretation of this agreement.
THE PARTIES AGREE
Agreement to buy and sell
2. In consideration of payment of the amount specified on the Red Dirt Diesel website in relation to each of the goods ("price") by the buyer to the seller, the seller sells and the buyer buys the goods on the terms and conditions of this agreement.
Payment by instalment
3. The buyer must pay the price either in full or by monthly instalments as specified on the Red Dirt Diesel website.
Return/ Refund Policy
4. The seller offer a written Lifetime Parts and Labour Warranty on the DP Chip:
(a) a 60 day satisfaction money back guarantee. Subject to terms and conditions. The seller believes as time and experience has showed, the product is extremely reliable when installed and configured correctly;
(b) the seller’s experience has showed that when customers find the product fails to meet their expectations, the fault lies elsewhere. Existing components that the module may manipulate, which creates the extra performance, maybe failing or close to their expected service life;
(c) maintenance of the vehicle the module is to be installed into is the responsibility of the buyer;
(d) Customers with existing new car warranty, Automotive Pty Ltd offer an engine and drive line warranty for the same period as the manufacturer, this provides protection of any damage directly caused by the module;
(e) If the buyer finds the DP Chip fails to meet expectations within 60 days from the date of purchase, the seller will refund the purchase cost excluding any inconsequential costs. Which could include but may not be limited to the installation or shipping costs;
(f) A refund is only made, where it is expected that all reasonable steps are made or performed to rectify any issues;
(g) It is the buyers responsibility to pay the cost of correct diagnosis of any issues preventing the product from performing in normal conditions;
(h) If a buyer does not wish to perform reasonable steps to diagnose a problem, and return the module to the seller where a test is performed on our test bench;
(i) The seller does not refund or cater for change of mind decisions;
6. The seller must deliver each order to the location specified by the buyer as per the address information entered into the Red Dirt Diesel website.
7. The seller must ensure each order is safely and securely packed for transportation to the buyer having regard to:
(a) the fragility and perishability of the goods;
(b) the distance the goods are likely to travel; and
(c) the method of transportation used to transport the goods.
8. Unless stated otherwise the price is inclusive of GST. The buyer must pay the price, plus the requisite GST, in relation to each order to the seller within 30 days of the receipt of the relevant order.
Passing of title
9. Title to goods constituting an order free of encumbrances and all other adverse interests shall pass to the buyer on receipt of the relevant order or upon delivery of the goods to the buyer, nominated agent or courier, as the case may be.
Passing of risk
11.1 To the full extent permitted by law, the Seller excludes all liability in respect of loss of power, interruption of business or any consequential or incidental damages.
11.2 To the full extent permitted by law, the Seller excludes all representations, warranties or terms (whether express or implied) other than those expressly set out in this Agreement.
11.3 The Seller’s total aggregate liability for all claims relating to this Agreement is limited to the fees payable under this Agreement.
11.4 Either party's liability for any claim relating to this Agreement will be reduced to the extent to which the other party contributed to the damage arising from the claim.
11.5 This Agreement is to be read subject to any legislation, which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, the Licensor limits its liability in respect of any claim to, at the Licensor's option:
(a) in the case of goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of having the goods repaired, and
(b) in the case of services:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.
12.1 The seller acknowledges that each of the goods must operate with their usual and normal functionality, having regard to the nature of the goods and the purpose for which goods of that description are used, reasonably for a continuous period of lifetime guarantee;
12.2. The buyer acknowledges that if the goods are maintained in accordance with a reasonable maintenance program, the goods should continue to operate efficiently for a period of not less than a lifetime guarantee.
Voluntary repair or replacement warranty
12.3 The goods and services that Oomph Automotive Pty Ltd provide to you come with guarantees that cannot be excluded under State and Federal consumer laws;
12.4 You are entitled to a replacement or refund for a major failure of our product and for compensation for any other reasonably foreseeable loss or damage;
12.5 If our product fails to be of acceptable quality but the failure does not amount to a major failure, you are entitled to have the product repaired or replaced;
12.6 This product requires correct calibration and suitable tuning modifications be made in consideration to the individual vehicles requirements. Incorrect tuning to the vehicle may damage the vehicle or the tuning module. Oomph Automotive Pty Ltd recommend these modifications be made by a professional and qualified technician.
Voluntary replacement warranties
12.7 Oomph Automotive Pty Ltd warrants, at its option, to repair or exchange its product if such product is faulty or defective in manufacture or materials during the relevant warranty period.
12.8 Warranty Period:
If product warranty is registered with Oomph Automotive Pty Ltd within 2 months of date of purchase – lifetime warranty for original buyer;
In all other cases – 2 years from date of purchase.
New vehicle and driveline voluntary warranty
12.9 Oomph Automotive Pty Ltd warrants to repair or compensate, at its option, for any damage caused to a new vehicle engine or driveline components when such damage is proven to be a result of the installation of the Oomph Automotive Pty Ltd product;
12.10 This warranty is limited to the original buyer and only where the product warranty is registered with Oomph Automotive Pty Ltd within 2 months of the date of purchase;
12.11 Oomph Automotive Pty Ltd’s liability is limited to the remaining vehicle manufacturer’s warranty on the engine or driveline components.
Voluntary Warranty does not cover:
12.12 Any costs incurred by Oomph Automotive Pty Ltd or buyer in normal or scheduled maintenance of the product;
12.13 Any damage to property, personal injury, direct or indirect loss, consequential losses or other expenses arising from a breach of an Oomph Automotive Pty Ltd warranty.
Voluntary Warranty does not include:
12.14 Any defect or fault to a product due to storage, handling or tampering, including opening any sealed enclosure in which the product is situated, otherwise than in accordance with the instructions provided for the product by Oomph Automotive Pty Ltd;
12.15 Any defect or fault due to the operation, use or maintenance of the product otherwise than in accordance with the instructions provided for the product by Oomph Automotive Pty Ltd, or without reasonable care;
12.16 Any defect due to accidental damage, using the product for a purpose for which it was not designed or sold, or using the product outside the range of any specified or normal operating conditions;
12.17 Any defect or fault to a product due to environmental influence, contamination by foreign materials or entry of water or as a result of exposure to excessive heat, chemicals or solvents;
12.18 Any defect, failure or fault caused by repairs, alterations or modifications to the product by a buyer or any third party;
12.19 Any defect or fault caused by any other defective or malfunctioning parts in the vehicle in which the product has been installed.
Voluntary Warranty Conditions:
Oomph Automotive Pty Ltd voluntary warranties are subject to the following conditions:
12.20 Product lifetime warranty and New Vehicle Engine and Driveline warranties are offered only to the original buyer of the product and where the product has been registered with Oomph Automotive Pty Ltd with 2 months of the date of purchase;
12.21 Where the product is replaced or repaired under voluntary warranty, the balance of the original warranty will apply. The replacement or repaired product does not carry a new voluntary warranty;
12.22 The Oomph Automotive Pty Ltd voluntary warranty does not extend to a product that has been partially or completely disassembled or where the product has been re-programmed other than by an authorised Oomph Automotive Pty Ltd technician or other person approved by Oomph Automotive Pty Ltd;
12.23 The warranty only applies to products purchased from, and installed by, Oomph Automotive Pty Ltd;
12.24 Any claim under a voluntary warranty must meet the requirements set out below in the section described "Making a Warranty Claim";
12.25 The terms and conditions of an Oomph Automotive Pty Ltd Voluntary Warranty cannot be amended except in writing by an authorised representative of Oomph Automotive Pty Ltd.
Making a Warranty Claim:
12.26 If an Oomph Automotive Pty Ltd product fails within a relevant warranty period the end-user must immediately stop using the vehicle in which the product is fitted until the vehicle is made available to Oomph Automotive Pty Ltd for assessment;
12.27 The buyer must contact Oomph Automotive Pty Ltd before the end of the relevant warranty period to register a warranty claim;
12.28 In every warranty claim the end-user must provide proof of purchase and any other details reasonable requested by Oomph Automotive Pty Ltd to substantiate the warranty claim;
12.29 For any invalid claims under a voluntary warranty, Oomph Automotive Pty Ltd will not be liable for any of the end-user’s costs in making the warranty claim;
12.30 For valid claims under a voluntary warranty, the end-user will not be charged for costs associated with making a warranty claim;
12.31 Reimbursement for reasonably incurred costs or expenses in making a valid claim may be sought from Oomph Automotive Pty Ltd. Documentary evidence will be required to support any such claim for reasonable costs and expenses.
Privacy in relation to warranty
13.2 The private information will only be used by Oomph Automotive Pty Ltd for the purpose of processing the warranty claim and for provision of customer support;
13.3 If the buyer does not wish to provide the requested personal information Oomph Automotive Pty Ltd may be unable to process the buyer’s warranty claim.
13.4 Oomph Automotive Pty Ltd is committed to protecting the buyer’s personal information and will act in accordance with any applicable privacy laws including the National Privacy Principles under the Privacy Act 1988 (Cth) and will not provide any personal information to a third party except as required by law.
13.5 Contact details for making a Warranty Claim:
(a) First contact by emailing email@example.com to discuss your issues.
Monitored 24h per day;
(b) If required a technician will provide you a Return Authority number;
(c) When returning product please write on the label / parcel on the top left hand side the RA number Oomph Automotive Pty Ltd have provided you;
(d) Place the product and a note describing your problem in a container that will protect the articles enclosed while traveling though the post.
Address parcel as below:
Oomph Automotive Pty Ltd
Po Box 7166
Berrima, NSW 2577 Australia
14. This Agreement commences on the date it is made and/or if paid by instalment plan it ends in six months time from the date the agreement was made.
If full payment is not received inline with the instalment plan the matter will be handed over for debt collection immediately.
15. This agreement is not to be amended except in writing signed by each of the parties.
16. This Agreement is subject to the law of the state of New South Wales in which this Agreement is issued.