Online Store Terms & Conditions

ASLmods – Online Store Terms & Conditions

1. Application and Acceptance

1.1 Application

These Online Store Terms & Conditions apply to the sale and supply of Goods by ASLmods through:

  • the ASLmods website;

  • the ASLmods online store;

  • email;

  • telephone;

  • social media or electronic messaging;

  • Quotes or invoices issued for the supply of Goods; and

  • other remote sales channels operated by ASLmods.

These Terms apply separately from the ASLmods Workshop Terms & Conditions.

Where ASLmods performs Workshop Services, including installation, mechanical repairs, fabrication, engine conversions, diagnosis or other work on a Customer Vehicle, those services are governed by the applicable Workshop Terms & Conditions and Workshop Policies.

1.2 Acceptance

The Customer is deemed to have read, understood and accepted these Terms when the Customer:

(a) places an Order;

(b) accepts a Quote;

(c) makes payment or part payment for Goods;

(d) confirms an Order electronically, verbally or in writing; or

(e) otherwise instructs ASLmods to supply Goods.

1.3 Related Policies

These Terms should be read together with the:

  • ASLmods Online Returns & Refunds Policy;

  • ASLmods Online Product Warranty Policy;

  • ASLmods Online Privacy Policy;

  • applicable Quote;

  • applicable invoice; and

  • any product-specific terms expressly disclosed before purchase.

1.4 Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right, remedy or liability that cannot lawfully be excluded or modified under the Australian Consumer Law (ACL).


2. Orders

2.1 Placing an Order

A Customer may place an Order through the ASLmods website or another sales method accepted by ASLmods.

The Customer is responsible for ensuring that all information supplied in connection with an Order is complete and accurate.

2.2 Acceptance of Orders

An Order submitted by a Customer is an offer to purchase the relevant Goods.

ASLmods may accept or decline an Order, subject to applicable law.

Receipt of an automated Order confirmation does not necessarily constitute final acceptance where ASLmods subsequently identifies:

  • a pricing error;

  • incorrect product information;

  • insufficient stock;

  • inability to supply;

  • suspected fraud;

  • a payment issue;

  • a compatibility issue requiring clarification; or

  • another reasonable reason why the Order cannot be fulfilled.

Where ASLmods cannot accept an Order after payment has been received, ASLmods will refund amounts paid for Goods it cannot supply, subject to applicable law.

2.3 Order Information

The Customer must check the Order before submitting it, including:

  • Goods selected;

  • quantity;

  • Vehicle details;

  • engine or transmission details;

  • specifications;

  • options and variants;

  • billing information;

  • delivery address; and

  • contact information.


3. Quotes

3.1 Quotes

ASLmods may provide a written Quote for Goods.

Unless otherwise stated in the Quote, a Quote:

  • is based on information available when issued;

  • is subject to stock availability;

  • is subject to any validity period stated on the Quote; and

  • may be withdrawn before acceptance where permitted by law.

3.2 Acceptance

Once a Quote is accepted and any required payment or deposit is received, it becomes part of the agreement between ASLmods and the Customer.

3.3 Changes

If the Customer requests changes after accepting a Quote, ASLmods may revise:

  • the price;

  • Goods;

  • specifications;

  • freight;

  • availability; and

  • expected dispatch timeframe.


4. Product Information

4.1 Product Descriptions

ASLmods takes reasonable care to provide accurate descriptions, photographs, specifications and other information concerning its Goods.

Product photographs and illustrations are provided for identification and general representation.

4.2 Reasonable Variations

Actual Goods may contain reasonable variations in:

  • colour;

  • finish;

  • texture;

  • dimensions;

  • manufacturing appearance;

  • packaging;

  • branding; or

  • other non-material characteristics,

particularly where Goods are manufactured, fabricated or supplied in different production batches.

4.3 Manufacturer Changes

Manufacturers may change product designs, specifications, packaging or components without notice.

ASLmods may supply a current or superseding version of a product where it is materially equivalent and suitable for the Order, unless the Customer specifically ordered a particular version or specification.

Nothing in this section limits rights available under the Australian Consumer Law where Goods do not correspond with their description, sample or demonstration model.


5. Customer Responsibility for Product Selection

5.1 Selection

Unless ASLmods has expressly agreed in writing to determine suitability for a stated purpose, the Customer is responsible for ensuring that the Goods ordered are appropriate for:

  • their Vehicle;

  • intended application;

  • engine;

  • transmission;

  • drivetrain;

  • existing modifications;

  • intended use; and

  • other relevant requirements.

5.2 Vehicle Information

Where ASLmods requests Vehicle information, the Customer must provide accurate information, which may include:

  • make;

  • model;

  • year;

  • VIN;

  • engine;

  • transmission;

  • drivetrain;

  • existing modifications; and

  • intended use.

5.3 Incorrect Information

ASLmods is not responsible for incorrect product selection or incompatibility caused by inaccurate, incomplete or misleading information supplied by the Customer.

This does not limit any liability ASLmods has where ASLmods itself recommended Goods for a purpose disclosed by the Customer and an applicable consumer guarantee applies.


6. Modified Vehicles

Many ASLmods Goods are intended for modified vehicles, engine conversions or non-standard applications.

The Customer acknowledges that modified vehicles may differ substantially from original manufacturer specifications.

Compatibility may be affected by:

  • previous modifications;

  • engine conversions;

  • transmission changes;

  • aftermarket accessories;

  • suspension changes;

  • chassis modifications;

  • electrical modifications;

  • previous fabrication;

  • differences between Vehicle models or production years; and

  • work previously performed by third parties.

A product being generally described as suitable for a particular Vehicle or conversion does not mean that every modified Vehicle will have an identical configuration.


7. Custom, Special-Order and Made-to-Order Goods

7.1 Custom Goods

Goods may be considered custom or special-order Goods where they are:

  • manufactured specifically for the Customer;

  • fabricated to Customer requirements;

  • machined;

  • modified;

  • programmed;

  • configured;

  • painted;

  • powder coated;

  • colour coded;

  • specially imported;

  • specially ordered from a supplier; or

  • otherwise produced or altered specifically for the Customer.

7.2 Cancellation

Once manufacture, fabrication, modification, programming, ordering or other Customer-specific work has commenced, the Customer may not be entitled to cancel the Order merely because they change their mind.

Any cancellation or refund will be dealt with under the ASLmods Online Returns & Refunds Policy and applicable law.

7.3 Consumer Rights

Nothing in this section limits a Customer's rights where custom or special-order Goods fail to comply with an applicable consumer guarantee.


8. Prices

8.1 Pricing

Prices are stated in Australian dollars unless expressly stated otherwise.

Prices displayed to Australian consumers will include GST where required by law.

8.2 Pricing Errors

ASLmods may correct genuine pricing, typographical or system errors.

If an Order has been placed at an incorrect price, ASLmods may contact the Customer before supply and offer the Customer the option to:

  • proceed at the correct price; or

  • cancel the affected Goods and receive a refund of amounts paid for those Goods.

ASLmods will not charge an increased price without the Customer's agreement where agreement is required.

8.3 Changes to Prices

ASLmods may change advertised prices at any time.

A price change will not retrospectively change the agreed price of an Order already accepted by ASLmods unless the Customer subsequently agrees to a variation.


9. Payment

9.1 Payment

The Customer must pay the amount specified:

  • at checkout;

  • on the Quote;

  • on the invoice; or

  • under another payment arrangement expressly agreed by ASLmods.

9.2 Payment Methods

ASLmods may accept payment methods made available through its website or otherwise approved by ASLmods.

9.3 Cleared Funds

ASLmods may withhold dispatch or release of Goods until payment has been received in cleared funds.

9.4 Payment Failure

If payment is:

  • declined;

  • reversed;

  • dishonoured;

  • charged back without lawful basis; or

  • otherwise not received,

ASLmods may suspend or cancel supply and exercise any other rights available under these Terms or applicable law.


10. Deposits and Part Payments

ASLmods may require a deposit or part payment for certain Orders, including:

  • high-value Goods;

  • special-order Goods;

  • custom Goods;

  • fabricated Goods; or

  • Goods ordered specifically for the Customer.

The treatment of a deposit or part payment following cancellation will depend on:

  • the nature of the Goods;

  • whether manufacture or fabrication has commenced;

  • whether Goods have been ordered from a supplier;

  • costs reasonably incurred by ASLmods;

  • whether the Goods can reasonably be resold or returned; and

  • the Customer's rights under applicable law.


11. Cancellation by the Customer

11.1 Before Dispatch

A Customer wishing to cancel an Order should contact ASLmods as soon as possible.

Where cancellation is requested before dispatch, ASLmods may agree to cancellation subject to the Online Returns & Refunds Policy.

11.2 Costs Already Incurred

Where ASLmods has already incurred costs specifically for the Customer's Order, the Customer may be responsible for reasonable costs associated with cancellation to the extent permitted by law.

11.3 After Dispatch

Once Goods have been dispatched, cancellation will generally be treated as a return and governed by the ASLmods Online Returns & Refunds Policy.

11.4 Change of Mind

ASLmods is not required to provide a refund or exchange merely because the Customer changes their mind, subject to any voluntary return rights ASLmods elects to provide and the Customer's rights under applicable law.


12. Cancellation by ASLmods

ASLmods may cancel all or part of an Order where reasonably necessary, including where:

  • Goods are unavailable;

  • Goods have been discontinued;

  • a supplier cannot fulfil the Order;

  • a genuine pricing or listing error has occurred;

  • payment cannot be verified;

  • fraud or unauthorised payment is reasonably suspected;

  • the Customer materially breaches these Terms;

  • the Customer requests unlawful supply or use; or

  • ASLmods cannot reasonably fulfil the Order.

Where ASLmods cancels Goods which have been paid for and the cancellation is not caused by a Customer default for which ASLmods is entitled to retain or recover an amount, ASLmods will refund the amount paid for the cancelled Goods.


13. Availability and Backorders

13.1 Availability

All Goods are subject to availability.

Stock displayed on the website may not always reflect real-time physical stock.

13.2 Backorders

Where Goods are unavailable, ASLmods may:

  • place the Goods on backorder;

  • contact the Customer with an estimated availability date;

  • offer a suitable alternative with the Customer's agreement; or

  • cancel and refund the unavailable Goods.

13.3 Delays

Estimated availability and dispatch dates may change due to circumstances including:

  • supplier delays;

  • manufacturing delays;

  • international freight;

  • customs;

  • stock shortages;

  • production changes; and

  • events outside ASLmods' reasonable control.


14. Delivery and Freight

14.1 Delivery

ASLmods may arrange delivery using freight, courier, postal or transport providers selected by ASLmods or agreed with the Customer.

14.2 Delivery Address

The Customer is responsible for providing a complete and accurate delivery address.

ASLmods is not responsible for additional costs or delays caused by an incorrect or incomplete address supplied by the Customer, except to the extent ASLmods is responsible under applicable law.

14.3 Authority to Leave

Where the Customer provides authority to leave Goods unattended, the Customer accepts the risks reasonably associated with unattended delivery after the Goods have been delivered in accordance with that authority, except to the extent otherwise required by law.

14.4 Freight Charges

Freight, delivery, insurance, handling or other transport charges may be added to the price of the Goods and will be disclosed before the Order is finalised or otherwise agreed with the Customer.


15. Delivery Timeframes

Any delivery or dispatch timeframe provided by ASLmods is an estimate unless expressly agreed otherwise.

Delivery may be affected by matters outside ASLmods' reasonable control, including:

  • courier delays;

  • freight-network disruption;

  • weather;

  • natural disasters;

  • customs;

  • supplier delays;

  • industrial action;

  • remote-area delivery;

  • transport disruption; and

  • peak trading periods.

ASLmods will take reasonable steps to assist with delivery issues relating to Goods supplied by ASLmods.

Nothing in this section limits any rights the Customer has under the Australian Consumer Law.


16. Risk in Goods

Risk in Goods passes to the Customer when:

(a) the Goods are delivered to the Customer or a person nominated by the Customer;

(b) the Goods are delivered in accordance with an authority-to-leave instruction provided by the Customer; or

(c) where the Customer arranges their own carrier, the Goods are transferred to that carrier,

subject to applicable law.

This section concerns risk of loss or damage and does not determine when legal title to unpaid Goods passes.


17. Inspection on Delivery

The Customer should inspect Goods as soon as reasonably practicable after delivery.

The Customer should promptly notify ASLmods if:

  • Goods are missing;

  • the incorrect Goods have been supplied;

  • Goods appear to have been damaged in transit; or

  • there is another apparent issue with the Order.

Prompt notification assists ASLmods in investigating freight and supply issues.

Failure to immediately inspect or notify ASLmods does not remove any right or remedy the Customer has under the Australian Consumer Law.


18. Freight Damage

Where Goods appear to have been damaged during freight, the Customer should:

  • retain the Goods;

  • retain the packaging;

  • photograph the Goods and packaging;

  • avoid installing or using the Goods where doing so may cause further damage; and

  • contact ASLmods as soon as reasonably practicable.

ASLmods may request photographs or other reasonable information to investigate the freight claim.

Where ASLmods is legally responsible for the Goods at the time of damage, the Customer's rights will be determined in accordance with applicable law.


19. Installation

19.1 Installation Responsibility

Unless installation by ASLmods is expressly included, the Customer is responsible for arranging appropriate installation of the Goods.

19.2 Qualified Installation

Goods should be installed by a suitably skilled or qualified person where appropriate.

The installer is responsible for:

  • following installation instructions;

  • confirming compatibility before installation;

  • using appropriate tools and procedures;

  • applying correct specifications;

  • checking associated components; and

  • ensuring the completed installation is safe.

19.3 Installation Problems

The Customer or installer should contact ASLmods before modifying a product or continuing installation if the Goods appear:

  • incorrect;

  • damaged;

  • incompatible;

  • incomplete; or

  • materially different from what was ordered.


20. Incorrect Installation and Third-Party Workmanship

ASLmods is not responsible for damage or failure caused by:

  • incorrect installation;

  • incorrect assembly;

  • incorrect adjustment;

  • improper use;

  • incorrect torque settings;

  • inadequate lubrication;

  • incorrect wiring;

  • modification of the Goods;

  • installation into an incompatible application;

  • third-party workmanship; or

  • failure to follow applicable installation or maintenance requirements.

This exclusion applies only to the extent the relevant damage or failure was caused or contributed to by the relevant act or omission.

Nothing in this section limits the Customer's rights where the Goods themselves fail to comply with an applicable consumer guarantee.


21. Product Modification

Modification of Goods after supply may affect:

  • fitment;

  • performance;

  • safety;

  • durability; and

  • ASLmods' ability to assess a warranty claim.

ASLmods may decline a voluntary warranty claim where a subsequent modification caused or materially contributed to the claimed failure.

Modification does not automatically remove rights that cannot lawfully be excluded under the Australian Consumer Law.


22. Performance, Motorsport and High-Stress Applications

Certain ASLmods Goods may be used in:

  • modified vehicles;

  • performance vehicles;

  • off-road vehicles;

  • competition vehicles;

  • motorsport;

  • engine conversions; or

  • other high-stress applications.

The Customer acknowledges that these uses may subject components to loads and operating conditions greater than standard road use.

ASLmods is not responsible for failure caused by:

  • racing;

  • competition use;

  • abuse;

  • overloading;

  • operation outside the Goods' specifications;

  • excessive heat;

  • excessive boost, torque or power;

  • inadequate supporting modifications;

  • incorrect tuning; or

  • another use outside the Goods' intended operating conditions.

Nothing in this section excludes rights which cannot lawfully be excluded.


23. Product Warranty

Goods supplied by ASLmods are subject to the ASLmods Online Product Warranty Policy.

Depending on the Goods, warranty rights may also arise under:

  • a manufacturer's warranty; and

  • the Australian Consumer Law.

A manufacturer's warranty or ASLmods voluntary warranty operates in addition to, and does not replace, statutory consumer guarantees.


24. Australian Consumer Guarantees

Where the Australian Consumer Law applies, Goods come with consumer guarantees that cannot be excluded.

Depending on the circumstances, these include guarantees that Goods:

  • are of acceptable quality;

  • are fit for any disclosed purpose where the guarantee applies;

  • match their description;

  • match any sample or demonstration model where applicable;

  • satisfy applicable express warranties; and

  • have clear title and other applicable ownership protections.

Where Goods fail to comply with an applicable consumer guarantee, the Customer may be entitled to a remedy under the Australian Consumer Law.


25. Returns, Refunds, Replacements and Exchanges

Returns, refunds, replacements, exchanges and change-of-mind requests are governed by the ASLmods Online Returns & Refunds Policy.

Nothing in that Policy or these Terms limits any remedy available to a Customer under the Australian Consumer Law.


26. Warranty and Return Assessment

ASLmods may reasonably require Goods to be inspected or tested before determining:

  • the nature of an alleged fault;

  • whether the Goods are defective;

  • whether damage was caused by installation or use;

  • whether a warranty applies; and

  • the appropriate remedy.

The Customer must provide reasonable information requested by ASLmods to assess the claim.

This may include:

  • proof of purchase;

  • photographs;

  • videos;

  • Vehicle details;

  • installation information;

  • diagnostic information;

  • details of the alleged failure; and

  • other information reasonably relevant to the claim.


27. Third-Party Manufacturer Goods

Where Goods are manufactured by a third party, the Goods may also be covered by the manufacturer's warranty.

ASLmods may reasonably liaise with or return Goods to the manufacturer, distributor or supplier for technical assessment.

Any manufacturer's warranty is additional to applicable Australian Consumer Law rights and does not remove any statutory obligation ASLmods has to the Customer.


28. Labour and Installation Costs

Unless ASLmods expressly agrees otherwise, the purchase price of Goods does not include third-party:

  • installation;

  • removal;

  • diagnosis;

  • testing;

  • refitting;

  • Vehicle downtime; or

  • other labour costs.

Where a Customer makes a claim concerning allegedly defective Goods, responsibility for associated labour or other losses will be determined under:

  • the Australian Consumer Law;

  • the ASLmods Online Product Warranty Policy; and

  • any applicable manufacturer's warranty.

Nothing in these Terms excludes reimbursement or compensation to which a Customer is legally entitled.


29. Retention of Title

29.1 Ownership Until Payment

To the extent permitted by law, legal title to Goods supplied by ASLmods does not pass to the Customer until ASLmods has received full payment in cleared funds for those Goods.

29.2 Possession Before Title Passes

Where the Customer obtains possession of Goods before full payment has been received, the Customer holds those Goods subject to ASLmods' rights under these Terms and applicable law.

29.3 Customer Obligations

Until title passes, the Customer must, to the extent reasonably practicable:

  • keep the Goods identifiable as Goods supplied by ASLmods;

  • not intentionally dispose of or encumber the Goods in a manner inconsistent with ASLmods' rights; and

  • take reasonable care of the Goods.

29.4 Recovery of Unpaid Goods

If the Customer defaults in payment, ASLmods may exercise any lawful right available to recover Goods in which ASLmods retains title or a security interest.

Recovery of Goods does not automatically extinguish any remaining amount lawfully owing to ASLmods, subject to applicable law.


30. Personal Property Securities Act

30.1 Security Interest

Where these Terms create a security interest for the purposes of the Personal Property Securities Act 2009 (Cth) (PPSA), the Customer acknowledges that ASLmods may take reasonable steps to protect or perfect that security interest.

30.2 Registration

ASLmods may register an applicable security interest on the Personal Property Securities Register (PPSR) where appropriate.

The Customer must provide information reasonably required by ASLmods to enable registration or protection of that security interest.

30.3 Installed or Incorporated Goods

Where unpaid Goods supplied by ASLmods are installed, attached or incorporated into other property, ASLmods retains any security interest or other rights available under applicable law to the extent those rights continue after installation or incorporation.


31. Overdue Accounts

Where ASLmods has expressly agreed to supply Goods on credit or payment terms and an amount becomes overdue, ASLmods may, subject to applicable law:

  • suspend further supply;

  • cancel unfulfilled Orders;

  • withdraw credit facilities;

  • require future Orders to be prepaid;

  • exercise applicable retention-of-title or security rights; and

  • take reasonable steps to recover the overdue amount.

The Customer may also be responsible for reasonable debt-recovery costs to the extent those costs are lawfully recoverable.


32. Chargebacks and Payment Disputes

A Customer should contact ASLmods promptly if they believe a payment or transaction is incorrect.

Nothing in these Terms prevents a Customer from exercising a lawful chargeback or payment-dispute right.

Where a chargeback or payment reversal is made fraudulently, dishonestly or without lawful basis, ASLmods may dispute the chargeback and provide relevant Order, delivery and communication records to the payment provider.


33. Intellectual Property

Unless otherwise stated, intellectual property associated with ASLmods' website, Goods and business materials remains the property of ASLmods or the relevant rights holder.

This may include:

  • product designs;

  • drawings;

  • CAD files;

  • photographs;

  • videos;

  • website content;

  • written materials;

  • technical documentation;

  • installation instructions;

  • software;

  • graphics;

  • logos;

  • trade marks; and

  • other proprietary material.

Purchase of Goods does not transfer ownership of underlying intellectual property unless expressly agreed in writing.


34. Website Use

The Customer must not use the ASLmods website:

  • unlawfully;

  • fraudulently;

  • to interfere with website operation;

  • to introduce malicious software;

  • to attempt unauthorised access to systems or accounts;

  • to scrape or reproduce protected content unlawfully; or

  • in a manner which infringes the rights of ASLmods or another person.

ASLmods may restrict access to its website or Customer accounts where reasonably necessary to protect its systems, Customers or business.


35. Customer Accounts

Where the ASLmods website permits Customer accounts, the Customer is responsible for:

  • maintaining the confidentiality of login credentials;

  • using a secure password;

  • ensuring account information remains accurate; and

  • notifying ASLmods if unauthorised access is suspected.

ASLmods may suspend or restrict an account where it reasonably suspects:

  • fraud;

  • unauthorised access;

  • misuse; or

  • a material breach of these Terms.


36. Promotions and Discount Codes

Promotional offers and discount codes may be subject to specific conditions disclosed with the promotion.

Unless otherwise stated:

  • discount codes cannot be exchanged for cash;

  • only one discount may be used per Order;

  • discounts apply only during the stated promotional period;

  • discounts may exclude specified Goods;

  • minimum-spend requirements may apply; and

  • promotional offers are subject to availability.

Nothing in a promotion limits rights under the Australian Consumer Law.


37. Privacy

Personal information collected in connection with:

  • website use;

  • Customer accounts;

  • Orders;

  • payments;

  • delivery;

  • returns;

  • warranty claims; and

  • communications

will be handled in accordance with the ASLmods Online Privacy Policy and applicable law.


38. Liability

Nothing in these Terms excludes or restricts liability which cannot lawfully be excluded or restricted.

To the extent permitted by law, ASLmods is not liable for loss or damage caused by matters for which ASLmods is not legally responsible, including:

  • incorrect information supplied by the Customer;

  • incorrect Customer product selection;

  • third-party installation;

  • incompatible modifications not disclosed to ASLmods;

  • misuse;

  • unauthorised modification;

  • racing or competition use;

  • failure to maintain the Goods;

  • unrelated Vehicle failure; or

  • use outside stated product specifications.

Nothing in these Terms excludes liability for reasonably foreseeable loss or damage recoverable under the Australian Consumer Law.


39. Indemnity

To the extent permitted by law, the Customer indemnifies ASLmods and its Representatives against loss, liability, damage or expense reasonably arising from:

  • materially incorrect or misleading information supplied by the Customer;

  • unlawful use of Goods;

  • misuse or abuse of Goods;

  • unauthorised modification;

  • the Customer's material breach of these Terms; or

  • conduct of the Customer or their representatives,

except to the extent the relevant loss was caused or contributed to by ASLmods' breach, negligence or other conduct for which ASLmods is legally responsible.


40. Force Majeure

ASLmods is not responsible for delay or failure caused by circumstances outside its reasonable control, including:

  • natural disasters;

  • fire;

  • flood;

  • severe weather;

  • pandemic;

  • industrial action;

  • freight disruption;

  • supplier failure;

  • manufacturing shortages;

  • customs delays;

  • government action;

  • power or telecommunications failure; or

  • other events beyond ASLmods' reasonable control.

Nothing in this section excludes rights which cannot lawfully be excluded.


41. Dispute Resolution

If a dispute arises concerning an Order or Goods supplied by ASLmods, the parties should first attempt to resolve the matter directly and in good faith.

The Customer should provide:

  • their Order or invoice number;

  • reasonable details of the issue;

  • photographs or other supporting information where relevant; and

  • any other information reasonably required to investigate the matter.

Nothing in this section prevents either party from exercising rights available under applicable law.


42. Electronic Communications and Acceptance

42.1 Electronic Communications

The Customer agrees that communications relating to Orders may occur electronically, including through:

  • the ASLmods website;

  • email;

  • SMS;

  • electronic messaging;

  • electronic Quotes;

  • electronic invoices;

  • online payment systems; and

  • other electronic systems used by ASLmods.

42.2 Electronic Acceptance

The Customer acknowledges and agrees that these Online Store Terms & Conditions, together with the applicable Quote, invoice and related Online Policies, may be accepted electronically.

Acceptance may occur by:

  • placing an Order through the ASLmods website;

  • electronically accepting a Quote;

  • making payment or part payment;

  • replying by email, SMS or other electronic message instructing ASLmods to proceed;

  • providing verbal authority which is recorded by ASLmods in its business records; or

  • otherwise communicating clear authorisation for ASLmods to supply the Goods.

A handwritten signature is not required for these Terms to be binding where the Customer has otherwise accepted them in accordance with this section.

Electronic communications, website records, Order records, Quote acceptance records, payment records and other business records maintained by ASLmods may be relied upon as evidence of the Customer's acceptance and authorisation to the extent permitted by law.


43. Inconsistency Between Documents

Where there is an inconsistency between documents applying to an Order, the following order of precedence applies unless applicable law requires otherwise:

  1. any specific written terms expressly agreed by ASLmods for that particular Order;

  2. the applicable Quote or invoice;

  3. these Online Store Terms & Conditions;

  4. the ASLmods Online Product Warranty Policy;

  5. the ASLmods Online Returns & Refunds Policy; and

  6. other general online sales material.

The ASLmods Online Privacy Policy applies specifically to privacy and information-handling matters.

Nothing in this section permits any document to override a non-excludable statutory right.


44. Entire Agreement

These Online Store Terms & Conditions, together with the documents expressly incorporated into them, constitute the contractual terms applying to the relevant Order, subject to applicable law.


45. Severability

If any provision of these Terms is invalid or unenforceable, the provision will be read down to the extent reasonably possible.

If it cannot be read down, it will be severed without affecting the remaining provisions.


46. No Waiver

Failure by ASLmods to immediately enforce a contractual right does not automatically waive that right.

A waiver is effective only to the extent expressly given.


47. Assignment

The Customer may not assign their contractual rights or obligations relating to an Order without ASLmods' prior written consent where that consent is reasonably required.

ASLmods may assign or transfer its rights or obligations as part of a genuine business restructure, sale or transfer, subject to applicable law and provided this does not unlawfully reduce the Customer's rights.


48. Governing Law

These Online Store Terms & Conditions are governed by the laws of Western Australia, Australia.

The parties submit to the jurisdiction of courts and tribunals having jurisdiction in Western Australia, subject to any statutory rights which apply.


49. Changes to These Terms

ASLmods may amend these Online Store Terms & Conditions from time to time.

Unless otherwise agreed or required by law, amendments will apply to Orders entered into after the amended Terms take effect and will not retrospectively alter an existing Order.

The current version of these Terms will be made available through the ASLmods website.


50. Definitions

For the purposes of these Terms:

ASLmods means ASLmods (WA), ABN 26 693 324 275.

Australian Consumer Law or ACL means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Customer means the individual, business or other entity purchasing or seeking to purchase Goods from ASLmods.

Goods means products, parts, components, accessories, materials or other goods supplied or offered for supply by ASLmods.

Order means an order for Goods placed with and accepted by ASLmods.

Quote means a quotation issued by ASLmods for the supply of Goods.

Terms means these ASLmods Online Store Terms & Conditions as amended from time to time.

Vehicle means the vehicle, engine, drivetrain or other application for which Goods are purchased or intended to be used.

Workshop Services means inspection, diagnosis, repair, modification, conversion, fabrication, installation, testing, tuning or other services performed by ASLmods on or in connection with a Vehicle.


51. Contact Details

ASLmods
ABN: 26 693 324 275
Address: 20 Thurso Rd, Myaree WA 6154
Phone: 0477 313 106
Email: admin@aslmods.com