NOTE TO CUSTOMER – THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE BY PIRTEK AT ANY TIME. PIRTEK MAY GIVE NOTICE TO THE CUSTOMER OF SUCH CHANGES AT ANY ADDRESS HELD FOR THE CUSTOMER (INCLUDING AN EMAIL ADDRESS) OR BY PUBLISHING THE CHANGED TERMS AND CONDITIONS ON ITS WEBSITE
1. In these conditions:
“Customer” means any entity, including an incorporated or unincorporated business or an individual (and where the context permits its employees, agents and subcontractors) who acquires Goods or Services from Pirtek.
“Goods” means the products supplied by Pirtek to the Customer.
“Pirtek” means any entity lawfully trading under the Pirtek name and specified on either an invoice, order, tender document or credit application form, including Pirtek Fluid Systems Pty Ltd ABN 71 001 824 166, Pirtek OEM Pty Ltd ABN 43 123 752 563, or any entity which is a Pirtek Franchisee; and where the context permits, includes their employees, agents, subcontractors and assignees.
“Pirtek Franchisee” means any entity trading as a franchisee of Pirtek
“Services” means the services supplied by Pirtek to the Customer.
“Website” means www.pirtek.com.au
2. The Customer must pay to Pirtek all monies owing for the Goods and Services and associated charges, as set out in any invoice, order, agreement or tender document issued by or on behalf of Pirtek, unless otherwise agreed in writing.
3. An invoice will be issued to the Customer each time goods and/or services are supplied by Pirtek. Where the supply of goods and services have not been completed by each month end, or at such other stage of a particular supply when Pirtek reasonably determines it is appropriate to do so, a progress invoice may be issued to the Customer.
4. The Goods and Services are supplied subject to these Terms and Conditions, which shall prevail over all other conditions of the Customer’s order to the extent of any inconsistency, and which shall not be varied or waived unless agreed by Pirtek in writing. These Terms and Conditions apply whether or not the Customer has an account with Pirtek.
Goods Returns Policy
5. The Customer is not entitled to a refund if the Customer simply changes its mind and wishes to return any unused Goods or to cancel an order. Any request for a refund in those circumstances within 30 days of sale or order will be considered by Pirtek, but may be refused by Pirtek in its reasonable discretion. Where a refund in those circumstances is agreed by Pirtek in its discretion, a restocking fee of 15% of the value of those Goods will be charged to the Customer and deducted from any refund.
6. Pirtek will replace any Goods if:
a) Pirtek is satisfied that the Goods were defective in materials or in manufacture at the time of delivery of the Goods to the Customer; and
b) The Customer gives notice to Pirtek at the address shown on the front of the invoice or other delivery documentation or at the address otherwise notified to the Customer, within 7 days of receipt of the Goods, of the alleged defects in materials or in manufacture; and
c) The Customer actually returns the Goods to Pirtek at the expense of the Customer within 30 days of delivery, quoting invoice numbers.
The benefits to the Customer under this Replacement Policy are in addition to and are subject to any other rights and remedies which the Customer may have. If the Australian Consumer Law applies, the goods come with guarantees which cannot be excluded and which entitle the Customer to a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. If the Australian Consumer Law applies 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.
Limitation of Liability
7. Subject to clauses 6 and 8 of these Terms and Conditions, and to the extent permitted by the Australian Consumer Law, the Customer has no claim against Pirtek for any damages whatsoever arising out of the purchase or the use of the Goods.
8. Assuming that the Goods or Services sold by Pirtek are not for personal, domestic or household purposes, Pirtek’s liability under any guarantee or warranty, whether express or implied by the Australian Consumer Law or other relevant legislation is limited to:
(i) in the case of goods, any one or more of the following:
a) the replacement of the goods or the supply of equivalent goods;
b) the repair of the goods;
c) the payment of the cost of replacing the goods or of acquiring equivalent goods;
d) the payment of the cost of having the goods repaired; or
(ii) in the case of services:
a) the supplying of the services again; or
b) the payment of the cost of having the services supplied again; or
(iii) in the case of a monetary claim in respect of goods;
a) the cost of replacing the goods;
b) the cost of obtaining equivalent goods; or
c) the cost of having the goods repaired, whichever is the lowest amount.
Exclusion of Warranties
9. Subject to conditions 6, 7 and 8, and subject to any statutory rights including under the Australian Consumer Law, Pirtek gives no warranties with respect to the Goods or Services supplied to the Customer. All warranties are excluded except where they are expressly given in writing by Pirtek, or except to the extent that any implied warranty cannot be excluded by law.
Use of Goods
10. (a) The Customer must only use the Goods for the purpose for which they were intended, and must comply with all legal requirements of use and all directions of use by Pirtek or by the manufacturer of the Goods, whether provided to the Customer or posted on the Goods.
(b) The Customer must only employ competent trained staff to use the Goods and must ensure that all persons using the Goods are suitably instructed in the safe and proper use of the Goods.
(c) The Customer must comply with all Occupational Health and Safety laws relating to the use of the Goods.
(d) The Customer indemnifies Pirtek against any claim whatsoever arising from the Customer’s improper use of the Goods, and any breach by the Customer of its obligations under this Agreement.
No Liability for Delay
11. Subject to any statutory rights including under the Australian Consumer Law, Pirtek will not be liable for any delivery delay or any non-delivery attributable to transport delays, unavailability of Goods or other products, lockouts, holiday periods, or any other cause whatsoever which is outside the control of Pirtek. Where part delivery of goods is made, payment will be made for those goods which are delivered.
Goods and Services for Oil Spills
12. Without limiting these terms and conditions, where Pirtek is providing goods and services at the request of a Customer specifically in respect of the cleanup of an oil spill, the Customer takes full responsibility in respect of the oil spill and indemnifies Pirtek in respect of any claim or prosecution by any party whatsoever in respect of the oil spill. The Customer acknowledges that in performing its tasks in relation to the cleanup of an oil spill, it may be unavoidable that Pirtek, whilst taking all due care, spills some further oil in the course of repairs and cleaning the oil spill, and the Customer indemnifies Pirtek in respect of any such spill and in respect of any contamination or consequential loss arising from that spill.
Rights in Relation to Goods
13. Pirtek reserves the following rights in relation to the Goods until all accounts owed by the Customer to Pirtek are fully paid:
(a) ownership of the Goods;
(b) to enter the Customer’s premises (or the premises of any associated company or agent or third party where the Goods are located) without liability for trespass or any resulting damage and retake possession of the Goods; and
(c) to keep or resell any Goods repossessed pursuant to (b) above.
If, before all accounts owing by the Customer to Pirtek are fully paid, the Goods are resold or products manufactured using the Goods are sold by the Customer, the Customer shall hold such part of the proceeds of any such sale as represents the invoice price of the Goods in a separate identifiable account as the beneficial property of Pirtek and shall pay such amount to Pirtek upon request. Notwithstanding the provisions above Pirtek shall be entitled to maintain an action against the Customer for the full purchase price of the Goods.
Personal Property Securities Act (Cth) (“PPSA”)
14. (a) The retention of title to the Goods by Pirtek until they are paid for, or the sale of any goods by Pirtek to the Customer on consignment, may create a Security Interest in the Goods. All terms in this clause have the meaning given in the PPSA; and “PPSA” includes all amendments to, regulations under, and legislation associated with, the Personal Property Securities Act.
(b) At the request of Pirtek, the Customer shall promptly execute any documents, provide all necessary information and do anything else required by Pirtek to ensure that any Security Interest which may be created under these Terms and Conditions in the Goods or their proceeds is enforceable, perfected and otherwise effective under the PPSA, and has priority over all other security interests in the Goods. Pirtek is authorised by the Customer to register its Security Interest in respect of the Goods in the PPS Register at any time.
(c) The Customer waives its rights under all sections of the PPSA which are referred to in Section 115 of the PPSA, to the extent permissible by law.
(d) The Customer waives its right to receive a notice of PPSR registration under Section 157 of the PPSA.
(e) Pirtek may in protecting its security interests rely on any rights which it has under statute or under this Agreement, in its discretion.
Risk on Delivery
15. The risk in the Goods passes to the Customer on delivery. The Customer must keep the Goods insured and in good condition and indemnifies Pirtek against any damage to or loss of the goods, however caused, after delivery.
Insolvency of Customer
16. In addition to non-payment by the Customer or other breach of these Terms and conditions, the Customer will also be in breach of these Terms and Conditions if the Customer becomes insolvent or passes a resolution concerning its bankruptcy, administration, receivership or liquidation, or enters into any form of external administration.
17. The Customer agrees that if the account is not paid by the due date, the account may be lodged with a mercantile agent for recovery, and in such circumstances the applicant will bear an account surcharge of minimum 5% to cover the agent’s commission. In addition the applicant agrees to bear all legal costs and disbursements incurred in the recovery of the debt.
18. Pirtek may charge interest on any overdue amount at a rate equivalent to 3.0% p.a. above the business overdraft interest rate of its principal banker, as determined and calculated by Pirtek. Such interest will be payable on demand by Pirtek and for so long as it remains unpaid will compound on a monthly basis.
19. The supply of the Goods and Services by Pirtek to the Customer is governed by the laws and courts of the state where the supply takes place.
20. These Terms and Conditions are not affected by any time or indulgence granted to the Customer by Pirtek.
21. Pirtek will comply with the Australian Privacy Principles. A copy of the Pirtek Privacy Statement and Policy is available on request or on the Website.
ALL PRICES QUOTED ARE SUBJECT TO CHANGE WITHOUT NOTICE
Pirtek Service Tech Search Promotion
ABBR TERMS AND CONDITIONS
Promoter is Pirtek Fluid Systems Pty. Ltd (ABN 71 001 824 166) of 3-7 Garling Road KINGS PARK NSW 2148, Starts 8:00am on 28th February 2019 and closes 8:00pm AEDST 24th November 2019. Open to Aust. residents aged 16 years or older. See website pirtek.com.au for full terms & conditions, entry requirements, prize details and entry method. Major Prize 1 Double pass (2 persons) travel package to attend the Penske race Head Quarters in Charlotte North Carolina, United States of America during May 2020 subject to scheduling. Valued up to $9800 incl. GST. Prize Drawn at 12 noon on 11th December 2019 at Flow Marketing 403 Pakington St Newtown VIC 3220. Total prize pool for this promotion in Australia is AUD$11,580 inclusive of GST. Authorised in Australia under permit: NSW LTPS/19/31632; SA: T19/142
FULL TERMS AND CONDITIONS
1. The Promoter is Pirtek Fluid Systems Pty. Ltd (ABN 71 001 824 166) of 3-7 Garling Road KINGS PARK NSW 2148 Ph: 02 8822 9000 (“Promoter”).
2. This Competition commences at 8:00am on 28th February 2019 and closes 8:00pm AEDST 24th November 2019.
3. The sections on How to Enter, Draw and Winner Notification, Prizes and Miscellaneous Provisions form part of these Terms and Conditions.
4. Subject to paragraphs 5, entry to the ‘Pirtek Service Tech Search Promotion (“Promotion”) is only open to residents of Australia who:
a. Are aged 16 years or over; and
b. Have not been discovered to breach these Terms and Conditions.
5. Directors, management, employees, officers and contractors (and their immediate families) of the Promoter and of the agencies and organisations associated with this Promotion are ineligible to enter. “Immediate families” means spouse, parent, natural or adopted child, and sibling (whether natural or adopted by a parent), whether or not they live in the same household as the director, manager, employee, officer or contractor.
6. Entry into this Competition is deemed to be acceptance of these Terms and Conditions. The Promoter’s decision not to enforce a specific restriction does not constitute a waiver of that restriction or of these Terms and Conditions generally.
7. Each entrant acknowledges that the Promoter can rely on these Terms and Conditions even if the Promoter only learns of an entrant’s ineligibility to enter after the Promoter has awarded a Prize to the ineligible entrant. Return of a Prize or payment of its equivalent value to the Promoter can be required by the Promoter if this occurs.
HOW TO ENTER
8. During the Promotional Period entrants must either:
a. Visit the “Promoter’s Website” (pirtek.com.au) and fully complete the online entry form from the tab marked Pirtek Service Tech Search Promotion and ensure a successful registration acknowledgement before the close of the Promotional Period.
b. Visit the Pirtek Promotional zone as per scheduled event and enter their details upon the touchscreen terminals so they are received during the promotional activities that day. See website pirtek.com.au for activation hours and any changes to the schedule. (Schedule is subject to change)
SCHEDULE OF EVENTS
Event | Location | Dates
Superloop 500 | Adelaide CBD SA | 28-Feb-3-Mar-19
Perth Supernight | Barbagello Raceway WA | 2-May-4-May-19
Townsville 400 | Townsville CBD QLD | 5-Jul-7-Jul-19
Bathurst 1000 | Mt Panorama Bathurst NSW | 10-Oct-13-Oct-19
Sandown 500 | Sandown Raceway VIC | 8-Nov-10-Nov-19
Newcastle 500 | Newcastle CBD NSW | 22-Nov-24-Nov-19
9. Only one (1) entry to the Promotion is permitted per person. The same email address cannot be used by more than one entrant, and the email address (as well as all other details) provided must be valid and correct. An entrant that is discovered to have used or attempted to use more than one name in entering the Promotion will be disqualified from participating in the Promotion or redeeming any prize in connection with the Promotion.
DRAW AND WINNER NOTIFICATION
10. There will be one (1) major prize draw and six (6) minor prize draws for this promotion each to be conducted at Flow Marketing 403 Pakington St Newtown VIC 3220.
11. The first valid entry drawn from all entries received during the promotional period will win the major prize. Drawn at 12 noon on 11th December 2019 Total prize pool for this draw is AUD$9,800 Incl. of GST
12. All winners will be notified by a phone call and email by the 14th December 2019.
13. The winner’s name will appear in The Australian on the 18th December 2019.
14. As the prize is an event, any prize that remains unclaimed by 5pm AEDST 15th March 2020 will be forfeited by that winner and a new prize will be drawn 12 noon on the AEDST 18th March 2020 at Flow Marketing, 403 Pakington St Newtown VIC 3220 subject to any directions from a regulatory authority.
15. A winner of an unclaimed prized draw if any will be notified in writing and email by 21st March 2020 and their name will appear in the Australian on the 26th March 2020.
16. There will be 6 minor prize draws for this Promotion. The minor prize draws will each take place at 12 Noon AEST (as applicable) on the dates specified in the table below.
Entries Close | Draw Date
Minor 1 03-Mar-19 8pm | 05-Mar-19
Minor 2 04-May-19 8pm | 06-May-19
Minor 3 07-July-19 8pm | 9-July-19
Minor 4 13-Oct-19 8pm | 15-Oct-19
Minor 5 10-Nov-19 8pm | 12-Nov-19
Minor 6 24-Nov-19 8pm | 26-Nov-19
17. Minor prize winners will be notified by phone and email within 24 hours of the prize draw and their names will appear on the promoter’s website for 28 days.
18. Major Prize: One (1) Double pass (2 persons) travel package to attend the Penske race Head Quarters in Charlotte North Carolina, United States of America. Prize includes 2 nights accommodation (minimum 3 star) Transfers and Economy class airfares from the winners nearest capital city. Valued up to $9800 incl. GST (depending on point of departure).
19. Spending money, additional meals, taxes (excluding airline and airport taxes), insurance, passports, visas, vaccinations, transport to and from departure point, additional transfers, items of a personal nature, in-room charges and all other ancillary costs are not included.
20. The major prize does not include travel insurance the promoter recommends the Major Prize winner obtain comprehensive travel insurance.
21. Prize must be taken to coincide with the Penske Race Team schedule and is tentatively scheduled to take place May 2020. Prize is subject to booking and flight availability.
22. The winner of the major prize is responsible for ensuring that they have valid passports, and any requisite visas, vaccinations and travel documentation where required. The winner and companion must depart from and return to the same departure point.
23. Itinerary to be determined by the Promoter in agreement with the winner but in the event that agreement cannot be reached, the Promoter reserves the right to determine the itinerary.
24. Frequent flyer points will not form part of the prize.
25. Prize is subject to the standard terms and conditions of individual prize and service providers including any foreign immigration services.
26. The winner may be required to present their credit card at time of accommodation check in.
27. In the event of war, terrorism, state of emergency, event cancellation from organizers or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion or suspend or modify a prize, subject to any written directions from a relevant regulatory authority.
28. The winners acknowledge that the Event may be cancelled or re-scheduled for any reason, other than as set out in the Conditions of Entry to the Event and the Promoter accepts any responsibility for such cancellations. The winner also acknowledges that participation in any event may be subject to additional terms and conditions imposed by a third party. The winner must become acquainted with any additional terms & conditions of participation prior to participation in any event.
29. Prizes or parts of the prize are not transferable or exchangeable and cannot be taken as cash.
30. If for any reason any elements of the specified prizes are unavailable, the Promoter reserves the right to replace it with a prize of the same or higher value and of similar specification subject to legislative approval
31. The Promoter makes no warranties, representations or guarantees, express or implied, in fact or in law, in relation to this Competition or the merchantability, quality or fitness for a particular purpose regarding any prize or any component of any prize.
32. If the major prize winner is aged less than 18 years old the winner’s companion must be a parent or guardian, a legal release and indemnity form may be required.
33. There is only one major prize winner in this promotion.
34. Minor Prizes include: One (1) DJR Penske Jacket each valued at $160 incl. GST, One (1) DJR Penske Dress Shirt each valued at $95 incl. GST One (1) DJR Penske Team Cap each valued at $25incl. GST. There are Six (6) separate minor prize draws see clause 17 for details.
35. Total prize pool for this promotion in Australia is AUD$11,580 inclusive of GST.
36. Eligible Entrants consent to the Promoter using their name, likeness, image, and/or voice (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this Promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
37. If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any Eligible Entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the Promotion, as appropriate.
38. The Promoter will accept no responsibility for late, lost or misdirected entries.
39. All entries must be submitted by a person and any automated entries, fraudulent entries or entries by persons using an alias shall be invalid.
40. Any cost associated with accessing the Promotional Website is the Eligible Entrants responsibility and is dependent on the Internet service provider used.
41. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion.
42. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any tax liability incurred by a winning business or Eligible Business (or its authorised representative); or (e)use of a prize.
43. As a condition of accepting a prize, the winners may be required to sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
45. Authorised in Australia under permit NSW LTPS/19/31632; SA: T19/142