TERMS AND CONDITIONS OF SALE AND USE
WERP INTERNATIONAL PTY LTD
TRADING AS
SYDNEY WHEEL REPAIR SPECIALISTS
AND
THE WERP.
INCLUDING ATEK MAKINA BRAND PRODUCTS.
Welcome to the website of WERP International Pty Ltd (ABN 85-650-485-297), trading as Sydney Wheel Repair Specialists and The WERP, and offering specialised machines and parts under the Atek Makina brand. By accessing this website, placing an order, or using any services provided by WERP International Pty Ltd (hereinafter referred to as "the Seller"), you (hereinafter referred to as "the Buyer" or "User") agree to be bound by the following Terms and Conditions. If you do not agree to these terms, you must not use this website or purchase any products or services from the Seller.
1. Acceptance of Terms
By purchasing any product (hereinafter referred to as "the Product") or service from the Seller, including but not limited to specialised machines, parts, crack repairs, wheel straightening, or wheel removal services, the Buyer agrees to these Terms and Conditions. Any deviations from these terms must be agreed upon in writing by the Seller.
2. Governing Law and Jurisdiction
2.1. These Terms and Conditions are governed by and construed in accordance with the laws of Australia, specifically the laws of the state of New South Wales.
2.2. Any disputes arising from these Terms and Conditions shall be resolved through binding arbitration in Sydney, Australia, in accordance with the rules of the Australian Centre for International Commercial Arbitration (ACICA). The decision of the arbitrator(s) shall be final and binding on both parties.
2.3. Notwithstanding the above, the Seller reserves the right to pursue legal action in any jurisdiction to enforce its rights under these Terms and Conditions.
3. Compliance with Australian Consumer Law (ACL)
3.1. The Seller acknowledges that the Buyer may have certain rights under the Australian Consumer Law (ACL) contained in the Competition and Consumer Act 2010 (Cth), which cannot be excluded, restricted, or modified.
3.2. If the Buyer is a consumer under the ACL, the Seller provides the following guarantees:
· The Product will be of acceptable quality.
· The Product will be fit for its intended purpose.
· The Product will match its description on the website or in any promotional materials.
3.3. If the Product fails to meet any of these guarantees, the Buyer may be entitled to remedies under the ACL, subject to the limitations outlined in these Terms and Conditions.
3.4. The Seller's liability for breach of any ACL guarantee is limited to:
· For parts only: The cost of repairing or replacing the defective part(s).
· For machines: No refunds or replacements are offered. The Seller's liability is limited to repairing or replacing defective parts only, as outlined in Section 6 (Warranty for Products).
4. Description of Products
The Seller agrees to supply the Buyer with:
4.1 Specialised machines and parts offered under the Atek Makina brand, as described on the website or in written agreements. Any additional parts or accessories must be explicitly agreed upon in writing and may incur additional charges.
4.2 Wheel Edge Ring Protectors and related Accessories.
5. Delivery and Transfer of Risk
5.1. The Seller will arrange for the delivery of the Product to the Buyer's specified location.
5.2. Risk of loss, damage, or theft of the Product transfers entirely to the Buyer upon delivery. The Seller is not responsible for any damage, loss, or delays occurring during or after delivery.
5.3. The Buyer is responsible for inspecting the Product upon delivery and notifying the Seller of any visible damage or discrepancies within 48 hours. Failure to do so will constitute acceptance of the Product in good condition.
6. Warranty for Products
6.1. The Seller offers a limited warranty on parts only for a period of twelve (12) months from the date of delivery.
6.2. The warranty covers defects in materials or workmanship under normal use and does not cover:
· Wear and tear from normal use.
· Damage caused by misuse, neglect, improper installation, or unauthorised modifications.
· Damage resulting from accidents, natural disasters, or improper maintenance.
6.3. The warranty is non-transferable and applies only to the original Buyer.
6.4. Any warranty claims must be submitted in writing to the Seller, accompanied by proof of purchase and a detailed description of the defect. The Seller reserves the right to inspect the Product or parts before approving any warranty claim.
6.5. If a warranty claim is approved, the Seller will, at its sole discretion, repair or replace the defective part(s). Labour costs, shipping costs, and any other expenses are the sole responsibility of the Buyer.
6.6. No refunds or replacements are offered for machines. The Seller's liability is limited to repairing or replacing defective parts only.
7. Specialised Repair Services
7.1. The Seller provides specialised repair services, including but not limited to crack repairs and wheel straightening, under the trading names Sydney Wheel Repair Specialists and The WERP.
7.2. Warranty for Repairs:
· The Seller offers a limited warranty of three (3) months on crack repairs and wheel straightening services, subject to the following conditions:
· The wheel must be assessed by the Seller prior to repair.
· If the wheel is found to be bent or otherwise unsuitable for repair, the warranty is void.
· The Buyer must adhere to the Wheel Care and Maintenance Guidelines (provided as a PDF by the Seller via the link in RED) to maintain the warranty. Failure to follow these guidelines will void the warranty.
· The warranty covers only the specific repair work performed by the Seller and does not cover any other defects, damage, or issues with the wheel.
· The warranty does not cover:
· Damage caused by misuse, neglect, or improper use of the wheel after repair.
· Damage resulting from accidents, natural disasters, or improper maintenance.
7.3. The Buyer acknowledges that these services involve inherent risks, including but not limited to:
· The possibility of further damage to the wheel or vehicle during repair.
· The possibility that the wheel may not be fully restored to its original condition.
· The possibility that the wheel may not be suitable for use after repair.
7.4. The Seller shall not be liable for any damages, injuries, or losses arising from or related to the repair services, including but not limited to:
· Damage to the wheel, vehicle, or other property.
· Personal injury or death to the Buyer, its employees, or any third parties.
· Any consequences of improper use or application of the repaired wheel.
8. Wheel Removal Services
8.1. The Seller may, at its sole discretion, provide wheel removal services for clients who are unable to remove wheels from their vehicles.
8.2. The Buyer acknowledges that wheel removal involves inherent risks, including but not limited to:
· Damage to the wheel, vehicle, or other property during removal.
· Personal injury or death to the Buyer, its employees, or any third parties.
8.3. The Seller shall not be liable for any damages, injuries, or losses arising from or related to the wheel removal services, including but not limited to:
· Damage to the wheel, vehicle, or other property.
· Personal injury or death to the Buyer, its employees, or any third parties.
9. Intellectual Property and Copyright Protection
9.1. Ownership of Intellectual Property:
· All intellectual property (IP), including but not limited to copyrights, trademarks, patents, trade secrets, and proprietary knowledge, associated with the Seller's products, services, training materials, and business operations, remains the sole property of the Seller.
· The Buyer acknowledges that no ownership or rights to the Seller's IP are transferred under these Terms and Conditions.
9.2. Protection of Training Materials and Knowledge:
· All training materials, including manuals, videos, presentations, and other educational content, are protected by copyright and are the exclusive property of the Seller.
· The Buyer agrees not to reproduce, distribute, modify, or create derivative works based on the Seller's training materials without prior written consent.
9.3. Prohibition of Unauthorised Use:
· The Buyer agrees not to use, copy, or distribute the Seller's IP, including training materials and proprietary knowledge, for any purpose other than the intended use as authorised by the Seller.
· Any unauthorised use of the Seller's IP will be considered a breach of these Terms and Conditions and may result in legal action.
9.4. Confidentiality:
· The Buyer agrees to maintain the confidentiality of any proprietary information, trade secrets, or knowledge disclosed by the Seller during the course of business, including but not limited to training sessions, repairs, or consultations.
· The Buyer shall not disclose such information to any third party without the Seller's prior written consent.
9.5. Remedies for Breach:
· In the event of a breach of these intellectual property and copyright provisions, the Seller reserves the right to:
· Seek injunctive relief to prevent further unauthorised use.
· Pursue monetary damages for any losses incurred as a result of the breach.
· Recover legal fees and costs associated with enforcing its rights.
· Claim 5% of the revenue generated by any person, company or entity involved in the breach, including but not limited to the Buyer and any related entities. This entitlement applies to revenue generated from the unauthorised use of the Seller's intellectual property and is not limited to a single person, company or entity.
10. Tyre-Related Advice and Opinions
10.1. The Seller may, from time to time, provide advice or opinions relating to tyres, including but not limited to tyre selection, maintenance, or compatibility with wheels.
10.2. Any such advice or opinions are provided for informational purposes only and do not constitute professional or expert advice.
10.3. The Buyer acknowledges and agrees that:
· Any tyre-related advice or opinions provided by the Seller are at the Buyer's sole risk.
· The Seller makes no representations or warranties regarding the accuracy, suitability, or safety of such advice or opinions.
· The Seller shall not be liable for any damages, injuries, or losses arising from or related to the Buyer's use of or reliance on such advice or opinions.
11. Indemnification
11.1. The Buyer agrees to indemnify, defend, and hold harmless the Seller, its employees, agents, and representatives from any and all claims, liabilities, damages, injuries, or losses (including legal fees) arising from or related to:
· The use or misuse of the Product.
· The repair services, including crack repairs and wheel straightening.
· The wheel removal services.
· Any unauthorised use or infringement of the Seller's intellectual property, including training materials and proprietary knowledge.
· Any tyre-related advice or opinions provided by the Seller.
12. Payment Terms
12.1. Payment terms are as follows:
· A non-refundable deposit of 75% is required to confirm the order.
· The remaining balance is due prior to shipment, upon delivery, or upon completion of the service, as agreed in writing.
12.2. Late payments will incur interest at a rate of 3% per month.
12.3. The Seller reserves the right to withhold delivery, ownership, or completion of services until full payment is received.
13. Returns and Refunds
13.1. All sales are final. The Buyer acknowledges that the Products and services are specialised and agrees that no returns or refunds will be accepted unless explicitly agreed in writing by the Seller.
13.2. If the Product is found to be defective upon delivery and the defect is covered under warranty or the ACL, the Seller will, at its sole discretion, repair or replace the defective part(s) in accordance with applicable laws. No refunds or replacements are offered for machines.
14. Force Majeure
The Seller shall not be liable for any failure or delay in performance due to events beyond its reasonable control, including but not limited to acts of God, war, terrorism, strikes, supply chain disruptions, or natural disasters.
15. Entire Agreement
These Terms and Conditions constitute the entire agreement between the Seller and the Buyer and supersede all prior agreements, understandings, or representations, whether oral or written. Any modifications to these terms must be made in writing and signed by both parties.
16. Severability
If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
17. Waiver
No waiver of any provision of these Terms and Conditions shall be deemed a waiver of any other provision or of the Seller's right to enforce such provision in the future.
18. Acknowledgment
By purchasing the Product or using any services provided by the Seller, the Buyer acknowledges that they have read, understood, and agreed to these Terms and Conditions in their entirety.
CONTACT INFORMATION
For any questions or concerns regarding these Terms and Conditions, please contact:
WERP International Pty Ltd (ABN 85-650-485-297)
Trading as:
- Sydney Wheel Repair Specialists
- The WERP
Address: 244 New Line Rd, Dural, NSW, 2158
Email: admin@thewerp.com.au
Phone: 0499 302 903
Website: www.sydneywheelrepair.com.au
Effective Date: 2021-7-01