BRYPAR

TERMS OF USE

1.     GENERAL

1. This website is operated by Motorsport Design Services Pty Ltd ABN:83604643263 trading as Brypar (Brypar).
2. Brypar.com (Website), including all information, tools and services available on this site, is provided subject to these terms and conditions (Terms of Use) as well as any other policies and notices set out on the Website.  Throughout the Website, including the Terms of Use, the terms “we”, “us” and “our” refer to Brypar and “you” or “your” refers to you, the customer.
3. By visiting the Website, contacting us and / or purchasing something from us, you agree to be bound by the Terms of Use and any other policies and notices set out on the Website or otherwise provided to you.  Please read them carefully.   If you do not agree with them, you must immediately leave the Website and not seek to obtain any Goods or Services from us.
4. We reserve the right to update, change or replace any part of these Terms of Use and any other part of this Website at any time, acting reasonably.  Your continued use of or access to the Website following any changes constitutes acceptance of those changes.

 

2.     SERVICES

1. For the purposes of these Terms of Use:
   1. Services means design, manufacture and supply of motor racing parts, including any ancillary advisory services we may provide from time to time; and
   2. Goods means the motor racing parts designed, manufactured and / or supplied by us and our subcontractors.
2. We provide the Goods and Services through our Website or as otherwise agreed with you.  We have made every reasonable effort to display as accurately as possible the colors and images of our Goods.  We cannot guarantee that your computer monitor display of any color will be accurate.
3. You must not use our Goods for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any applicable laws (including but not limited to copyright laws).
4. We reserve the right to refuse supply and / or limit the sales and quantities of our Goods and / or Services to any person, geographic region or jurisdiction in our sole and reasonable discretion at any time.
5. Third-party links on this Website may direct you to third-party websites that are not affiliated with us.  We are not responsible for examining or evaluating the content or accuracy of those sites and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

 

3.     RETURNS AND EXCHANGES

1. Products may be returned for an exchange or credit if they have been proven to be faulty.  If the problem occurs you will need to contact us immediately to arrange the return of the product and a replacement item.  You must notify us of the products that are faulty or damaged in delivery within 48 hours of receipt of the goods.  Damage from abuse or incorrect installation will not be covered under any warranty.
2. Brypar’s liability is limited to the replacement of any goods supplied by us which has been proved to have failed due to either defective workmanship or materials and has been deemed by Brypar, acting reasonably, to be defective.
3. Goods being sent back for credit consideration must be:
   1. returned in the original undamaged packaging and must be in resalable condition; and
   2. in new condition and not used.

You must quote Brypar’s invoice number and the date the Goods were supplied.  Goods returned for credit are subject to a 15% restocking fee.  Brypar do not accept the return of bespoke or custom parts.

 

4.     FEES AND PAYMENT

1. The price for each Good is set out on this Website and confirmed upon checkout.  We may, acting reasonably, change our prices at any time without notice.
2. If you order any Services, we may provide you with a quote for those Services from time to time.
3. We will invoice you for the Goods and Services based on the information you provide to us through our Website or otherwise, including your name, address and payment details.  You are responsible for ensuring the information you provide us is accurate.
4. You must pay at the checkout so that we can fulfill your order.  Where we provide you a separate quote for Services, payment is due within 14 days of receipt of an invoice from us.
5. All rates are in Australian dollars unless otherwise agreed.

 

5.     GST

1. For the purposes of this clause 5 (GST), capitalised terms have the meaning given to them in A New Tax System (Goods and Services Tax) Act 1999 (Cth) unless otherwise defined in these Terms of Use.
2. Client will pay all taxes, duties and charges imposed or levied in connection with any Goods and Services supplier.
3. Any charges or fees are exclusive of Brypar’s liability for value-added (VAT), GST or other taxes on a Supply made by Brypar.
4. You must pay to Brypar in addition to any fees or charges, the amount payable by us as VAT, GST or other taxes on each supply made by Brypar under these Terms of Use.  You must pay that additional amount at the same time and in the same manner as the consideration for the Supply to which the additional amount relates.

 

6.     INTELLECTUAL PROPERTY RIGHTS

1. We own all existing and future intellectual property rights in this Website and the Goods and Services, including any and all processes, inventions, improvements, innovations, modifications, materials and discoveries which we or any of our personnel make or generate, either alone or in conjunction with others, in connection with or arising out of the Website, Services or Goods.
2. Nothing in these Terms of Use are to be construed as assigning to you any intellectual property rights in the Goods, Services or Website, including any associated pre-existing generic formats, technology, methodologies, skills, know-how, expertise, processes and information used or created by us.
3. You agree not to use, reproduce, duplicate, copy, sell, resell, reverse engineer, disassemble or exploit, in any way, any portion of this Website, including any Goods or Services offered on this Website or otherwise by us.

 

7.     RISK, WARRANTY AND LIMITATION OF LIABILITY

1. Risk and title in Goods passes from us to you upon payment and the Goods leaving our possession or control and we accept no responsibility for Goods delivered by couriers, transport authorities, logistics, nominated agents or the like.
2. You expressly agree that your use of, or inability to use, the Website and any Goods or Service is entirely at your sole risk.  We suggest you undertake all of your own investigations to determine if they are suitable for you and your needs.  This Website and any Goods and Services are provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
3. In no event will Brypar, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees (Brypar Group) be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data or use, replacement costs, goodwill or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of this Website or any Goods or Services, or for any other claim related in any way to your use of this Website or any Goods or Services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of this Website or any Goods or Services posted, transmitted, or otherwise made available, even if advised of their possibility.
4. Where we are otherwise held by a court of competent jurisdiction to be liable for any loss or damage incurred by you, our liability is limited to the lesser of:
   1. the total value of the Goods or Services paid by you to which the relevant claim relates; or
   2. the maximum penalty permitted by law.
5. This clause 7 (Risk, Warranty and Limitation of Liability) does not seek to exclude or limit the application of any statutory provision (including a provision of the Competition and Consumer Act 2010 (Cth)) where to do so would contravene that statute or cause any part of this clause to be void.

 

8.     PRIVACY AND PERSONAL INFORMATION

1. We will, to the extent required by law, take all reasonable steps to protect and secure your information.  You otherwise understand, acknowledge and agree that your information may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.

 

9.     INDEMNIFICATION

1. You agree to indemnify, defend and hold harmless the Brypar Group from any claim or demand, including in respect of personal injury to or death of any person or any other loss or damage whatsoever, made by any person or third-party due to or arising out of use of this Website, our Goods or Services, any breach of these Terms of Use or the documents they incorporate by reference, or any rights of a third-party.

 

10.  TERMINATION

1. These Terms of Use are effective unless and until terminated by either you or us in writing.  You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Goods or Services, or when you cease using our Website.
2. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination and / or accordingly may deny you access to our Goods or Services (or any part thereof).

 

11.  MISCELLANEOUS

1. These Terms of Use and any policies posted by us on this Website or in respect to the Goods or Services constitutes the entire agreement and understanding between you and us and govern your use of the Website and the Goods and Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).
2. In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed to be severed from these Terms of Use but such determination will not affect the validity and enforceability of any other remaining provisions.
3. Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision.
4. Clauses 6 (Intellectual Property Rights), 7 (Risk, Warranty and Limitation of Liability), 8 (Privacy and Personal Information), 9 (Indemnification) and 11 (Miscellaneous) survive termination of these Terms of Use.
5. These Terms of Use and any other policies issued by us are governed by the laws in force in New South Wales, and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales.
6. In these Terms of Use unless the contrary intention appears:
   1. monetary references are references to Australian currency;
   2. headings and underlinings are for convenient reference only and have no effect in limiting or extending the language of the provisions to which they refer;
   3. words in the singular number include the plural and vice versa;
   4. words importing a gender include any other gender;
   5. where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have corresponding meanings;
   6. a reference to any party or person (including but not limited to any party to any document) includes a reference to its successors and permitted assigns.

12. TEAM BRYPAR

1. Team Brypar deals are only available to retail customers. No specials apply to trade or distribution customers.

13.  TEAM BRYPAR SHIPPING

1. Free freight is available for Team Brypar members with active member accounts only, in countries where exclusive dealer contracts are not in place (see our dealers page for more information).
2. This excludes any product that Brypar may deem unsuitable at any time including other offers.
3. All orders are processed during normal business hours (Monday – Friday).
4. All goods on this website are available for pick up. For security purposes, we ask that you bring in a copy of your order.
5. Brypar ships product world wide. We will only send to a street address, where a signature of reciept can be obtained if available.
6. Brypar aims to ship items within 1-2 working days if product is in stock. Shipping and handling times can vary depending on delivery location, item type and order size.
7. Brypar uses a third party freight contractor for Australian orders and DHL Express for international orders. Due to this, Brypar will not accept any responsibility for delays or failures of delivery. Brypar ships all products full insured, so in the event of an item being damaged during shipping, please contact us at sales@brypar.com

14. APRIL MEGA SALE

1. All uprights sold at sale price will be manufactured one batch at a time starting from June, 2019
2. Payment must be in advance of product manufacture.
3. Shipping costs may be charged before or after the initial sale, depending on the product and location of customer.
4. All orders are processed during normal business hours (Monday – Friday).