Terms and Conditions of Sale Effective Date: 21/10/2023
PSICO Industries Pty Ltd ACN 626 741 704 Trading as ("PSICO Performance") applies the following Terms and Conditions to all sales contracts:
These Terms and Conditions apply to all sales & purchases from PSICO Performance.
Any exceptions or variations to these terms must be agreed upon in writing by PSICO Performance.
PSICO Performance reserves the right to correct errors or omissions.
Before purchasing any goods from PSICO Performance, the buyer agrees to the following:
Reading and understanding the terms & conditions, warnings, and instructions in PSICO Performance's current catalogues, technical fitting guides, and published technical data ("Documents").
Accepting that PSICO Performance's order acceptance is subject to these terms and conditions of sale.
- The prices listed on this website include GST unless specified otherwise.
- GST will be charged on those products that attract GST at the applicable rate.
- PSICO Performance’s Quoted pricing is made on a supply only basis. Installation and commissioning and freight (if any) are at the expense of the customer unless otherwise specified in writing by PSICO Performance.
- The prices listed on this website are subject to change without prior notice.
- PSICO Performance reserves the right to correct errors and omissions to pricing at any time without the prior consent of the customer. PSICO Performances failure to correct an error or omission in no way disentitles PSICO Performance of this right. The Customer has the discretion to accept the corrected pricing prior to payment.
All pricing listed on website and invoices is in Australian Dollars, (AUD).
- Payment shall be made in full prior to dispatch of Products.
- Notwithstanding any rights or lien to which PSICO Performance may otherwise be entitled, PSICO Performance shall have a specific lien (including right of sale) over the Products, the subject of the Contract and any Products subject of any other contract with the Customer until the price of the Products has been paid in full. The Customer shall not be entitled to make any deduction from the price of the Products in respect of any off-set or counter-claims.
Dimensions, Performance Data and Other Descriptive Details:
- Photographs, drawings, illustrations, weights, dimensions, and any other particulars accompanying, associated with or given in a Quotation, descriptive literature or a catalogue approximate the Products offered but may be subject to alteration by the manufacturer or supplier without notice.
- To the extent permitted by law, any performance data provided by PSICO Performance, or a manufacturer is an estimate only and should be construed accordingly.
- Unless agreed to the contrary in writing, PSICO Performance reserves the right to supply an alternative brand or substitute product that has characteristics that are materially similar with the Products offered when reasonably necessary.
- Unless otherwise specified, PSICO Performance will charge freight when delivering goods to the customer, with freight costs payable at the time of payment for the goods.
- Insurance is not included in the freight charge, and if required, the customer is responsible for arranging it before goods dispatch.
- Customers wishing to nominate another freight company or delivery method must make arrangements before goods dispatch, with any additional costs becoming the customer's responsibility.
- PSICO Performance is not liable for any loss, damage, or delay arising from late or non-delivery or late installation of the goods to the Purchaser or its customers.
- Any time or date named and accepted by PSICO Performance for completion, delivery, despatch, shipment or arrival of the Products or for tender of any documents is an estimate only and does not constitute a condition of the Terms and Conditions, or part of the description of the Products, and is not a term (essential or not) of any agreement with the Customer.
- Unless otherwise stated in writing PSICO Performance may make partial deliveries or deliveries by instalments in any amount it may determine in its sole and absolute discretion.
- The Customer shall notify PSICO Performance within 14 days of delivery of any short fall, loss or damage to Products delivered. To the extent permitted by law, failure to notify PSICO Performance within 14 days of delivery disentitles the Customer to any remedy in respect to the shortage, loss, or damage. Failing such notice, subject to any non-excludable condition implied by law, such as the Australian Consumer Law, the Products shall be deemed to have been delivered to and accepted by the Customer as the case may be.
- Third-Party Products:
PSICO Performance acknowledges and agrees that any third-party products or materials incorporated into its services or products remain the property of their respective owners. PSICO Performance does not claim ownership rights over such third-party products or materials.
- PSICO Trademark:
PSICO, the PSICO logo, and any other trademarks or service marks owned by PSICO Industries Pty Ltd (hereinafter referred to as "PSICO Trademarks") are protected by intellectual property laws. PSICO Performance acknowledges that PSICO Trademarks are the exclusive property of PSICO Industries Pty Ltd. PSICO Performance has prior written consent from PSICO Industries Pty Ltd to display any PSICO Trademarks related with the sale of PSICO products.
We offer refunds, repairs and replacements in accordance with the Australian Consumer Law; ACCC Consumer Rights & Guarantees
You can ask a business for your preference of a repair, replacement or refund, but you are not always entitled to one. For example, the consumer guarantees do not apply if you got what you asked for but simply changed your mind, found it cheaper somewhere else, decided you did not like the purchase or no longer had a use for it.
PSICO Performance Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. 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.
You can ask for a replacement or refund if the problem with the product is major.
PSICO Performance will accept the return of Products and provide you with a replacement, refund or repair (at its discretion) where:
- The Product is faulty or is not of acceptable quality;
- The Product is not fit for its intended purpose; or
- The Product does not match its sample or description.
You will not be entitled to return a PSICO Performance Product or any remedy, for a change of mind.
Subject to the Australian Consumer Law, where Products supplied are not of a kind ordinarily acquired for personal, domestic and household use, PSICO Performance’s liability to you is limited to refunding the price, or replacing or repairing the relevant goods, at PSICO Performance's complete discretion.
To the extent permitted by law PSICO Performance's liability does not extend to any consequential or indirect losses incurred by the Purchaser or its customers.
- If the Products are in accordance with all Prescribed Terms and are otherwise in compliance with the provisions of the Contract, PSICO Performance may from time to time under exceptional circumstances choose to accept the return of the Products from the Customer. A cancellation fee will apply and the Customer will also reimburse PSICO Performance for all costs associated with the delivery and return of the Products.
- To the extent permitted by law, return of Products (other than in situations where PSICO Performance is required to accept a return of Products under the Australian Consumer Law) must be approved by PSICO Performance and accompanied by the original relevant sales invoice. These authorised returns must be freight prepaid and will only be accepted if they are in a saleable condition and (unless otherwise agreed with PSICO Performance) the Products are returned within 30 days of delivery. PSICO Performance reserves the right to charge a handling and restocking fee of 20% of the price of the Products returned. PSICO Performance will not accept the return of Products specifically purchased, manufactured, machined, or cut to size or to the Customer’s specification other than in situations where the PSICO Performance is required to accept a return of such Products under the Australian Consumer Law.
PSICO Performance may accept the return of Products for the sole purpose to exchange the Products for an alternative item due to a Supplier or Customer made error.
Exchanges - Supplier Error
If you receive the incorrect item for your vehicle, please check your order. If you have selected the correct items and PSICO Performance has made an error, please contact us at email@example.com . We will be able to provide you with an exchange or remedy to ensure you get the correct products.
Exchanges - Customer Error
If you receive the incorrect item for your vehicle, please check your order. If you have made a mistake and not selected the correct items to suit your vehicle, please contact us at firstname.lastname@example.org . We may be able to provide you with an exchange. To be able to exchange the following conditions must be considered:
- The Product is new unused condition in its original packaging.
- The Exchange is made within 30 days from purchase.
- The Product is shipped back to the PSICO Performance at the cost of the Customer.
- The Product passes a Quality Assessment.
Exchanges may be subject to additional costs or cost adjustments on a case per case basis. Additional costs may be incurred if a Product has components missing, requires repair or repacking. PSICO Performance reserves the right to charge a restocking fee which will be charged at 20 % for any item that has been opened and requires inspection and Quality Assurance assessment.
Products listed under the category Clearance Items are sold on “as is”, “as available” basis. All Items listed represent a singular product as described in the product description. Photos on each listing represent the exact product you will receive. Items listed in this category may require additional componentry to connect to vehicle or suit a specific installation or purpose. All Items listed under this category do not include any item that is not specifically listed in the description of the product. Additional items may be purchased through the online store or by emailing email@example.com Product listing marked as "sold out" are listings in which the product has been sold and no longer can be purchased. Products under this category cannot be back ordered under any circumstances.
Products under this category will be subject to fit for purpose guarantee only where products specifically list a vehicle make, model and year and where the words “Complete Kit” are used. Products listed under this category with a description "Custom Install" will be guaranteed to fit into the mounting location only. To the extent permitted by law all other warranties and guarantees will be void.
PSICO Performance will not accept the return of Products listed under the category Clearance Items unless PSICO Performance is required to accept a return of such Products under the Australian Consumer Law.
Risk and Title:
- Except as otherwise provided herein, the Products supplied by PSICO Performance to the Customer shall be at the Customer’s sole risk immediately once dispatched for their delivery to the Customer (into the Customers custody or at the Customer’s directions- whichever happens first).
- The Customer shall be responsible to insure the Products from the time of dispatch for delivery at their cost against such risks as it thinks appropriate
Supply of Goods:
- PSICO Performance reserves the right to suspend or discontinue the supply of Products to the Customer on reasonable grounds without being obliged to give any reason for its action.
Warranty and Liability of Supplier:
- PSICO Performance makes no express warranties under this Agreement. Manufacturers of Products may, from time to time, provide a voluntary warranty directly to the Buyer in relation to Products supplied to the Customer.
- The Customer shall immediately notify PSICO Performance in writing of any defect in the Products supplied by PSICO Performance. The customer shall not carry out any remedial work to allegedly defective Products without first obtaining the written consent of that PSICO Performance to do so. The provisions of this clause do not constitute a warranty in relation to the quality or fitness of the Products, or require the supplier to repair or replace Products, or offer a refund in relation to Products, in circumstances other than those set out in Australian Consumer Law (to the extent that the Australian Consumer Law applies to the Goods).
Australian Consumer Law:
- PSICO Performance does not exclude or limit the application of any provision of any applicable statute, legislation or other regulation (including the Competition and Consumer Act 2010 (Cth) and its Schedules and Regulations) where to do so would contravene that statute, legislation or regulation, or cause any part of these Terms and Conditions to be void, and nothing in these Terms and Conditions is to be interpreted as doing so.
- Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. 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.
Any notice to be given to the Customer shall be deemed to be given upon it being posted or being sent by email or post to the address of the Customer set out in the Contract or to the Customer’s registered office or to the Customer’s last known address.
The Customer may not assign or transfer or purport to assign or transfer any of its rights or obligations under or regarding the Contract to any other person or corporation whatsoever, without the consent of PSICO Performance.
Proper Law and Jurisdiction:
All Contracts made between PSICO Performance and the Customer is governed by and construed in accordance with the laws of Queensland, Australia. The Customer agrees to submit to the non-exclusive jurisdiction of the Queensland Courts and courts of appeal there from for all purposes of or regarding such Contracts.
Alterations to Conditions:
PSICO Performance may, at any time and from time to time, alter these Terms and Conditions. Any variation to these Terms and Conditions will not apply to any Product Order that was made prior to the Terms and Conditions coming into effect. The Terms and Conditions applying at the time the Product Order is made will apply. You can see when this Terms and Conditions was last updated by checking the “Effective Date” displayed at the top of this Document.
© 2023 PSICO Performance