Fatz Fabrication Terms and Conditions.
Our website https://fatzfab.com.au is an automotive shopping website where you can browse, select, and order products manufactured and supplied by Fatz Fabrication. Fatz Built is another branding variant we use on some products. Fatz Fabrication and Fatz built are both the products of Fatz Fabrication pty Ltd. These Terms, as amended or replaced from time to time, apply to any Goods and/or Services supplied or to be supplied by Fatz Fabrication to the Customer, or any third person on the Customer’s behalf. The Customer is deemed to have read, understood and accepted these Terms if at any time they place an Order for Goods through the Website, request a Quote for Goods or Services, or pay any deposit or any money in relation to a Order.
YOUR LEGAL RIGHTS
Your purchase of goods will be subject to certain laws including, without limitation, the Australian Consumer Law. The Australian Consumer Law provides you with certain rights that cannot be excluded, including that the goods must be of acceptable quality, reasonably fit for the purpose that Fatz Fabrication represents they will be fit for, and that the goods will correspond with any relevant description. Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.
DISCLAIMER
Fatz Fabrication has taken every care to ensure that the information posted on the Site is correct and up to date at the time of publishing on the Internet. We shall not be responsible for any detriment incurred by reliance you place on this site or its contents. Fatz Fabrication will endeavor to correct any inaccuracies once we become aware of them.
Illustrations and photos contained on the Site are sample representations of the products advertised, and variations may occur from time to time as we update our products and change designs for product improvement. All drawings, descriptive matter and/or specification issued by Fatz Fabrication and any descriptions or instructions contained on the Website, in catalogues or brochures, or any other media are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. Unless expressly included in a Quote or otherwise agreed in writing by Fatz Fabrication, they will not form part of the Order.
Payment
Full Payment is required prior to orders being shipped or collected from Fatz Fabrication. If ordering via our website, payment is required to complete the checkout process and no orders will be processed until payment has been made.
Freight
Fatz Fabrication sends all product with a third party freight provider and cannot be held directly accountable for any delays or damaged caused in freight. Fatz Fabrication packages all items with care and in a manor that will protect your product as well as possible. Order lead times presented on our web site do not include time in transit. Any inconvenience caused by delay in transit is not the responsibility of Fatz Fabrication. Tracking details are communicated via email at the point of dispatch for the convenience of the customer and can be used to monitor product in transit. Fatz fabrication reserves the right to issue additional charges for any changes to the order made by the customer during the order process including change of delivery address. Fatz fabrication reserves the right to charge additional funds should the charge issues by the web site be insufficient to send to rural ares.
Exchange
Fatz Fabrication may allow exchange of product if the order was placed incorrectly or if the product that was sent was not compatible with the customers specific application. Fatz fabrication will require the return of any product to be exchanged prior to the replacement item being sent. Reasonable cause for exchange of an item may included: Incorrect part ordered by customer, Damage in freight, change of circumstance by factory not controlled by customer. Fatz Fabrication will not send out replacement product until return of original item.
CHANGES TO OUR SITE
Fatz Fabrication has the right to change or discontinue any features of this site including materials, hours of availability and may also impose limits on certain features and services or restrict your access to parts of or the entire Site without notice or liability.
We reserve the right to change prices displayed for products on the site at any time.
CANCELLATION OF ORDERS
Fatz Fabrication reserves the right to cancel, at any time before delivery and for whatever reason, an order that it has previously accepted. Fatz Fabrication may do this for example, but without limitation, where:
(a) Fatz Fabrication suppliers are unable to supply goods that they have previously promised to supply.
(b) An event beyond Fatz Fabrication control such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that Fatz Fabrication is unable to supply the goods within a reasonable time;
(c) Goods ordered were subject to an error on the website, for example, in relation to a description, price or image, which was not discovered prior to the order being accepted;
(d) You ask Fatz Fabrication to cancel your order. Fatz Fabrication will use reasonable endeavors to cancel or change the order if it has not already been shipped but makes no representation that it will be able to do this. Any costs associated with the cancellation includingtime in administration will be incurred by the customer.
(e) Additional freight or other charges are issues in reasonable circumstance and the costumer is unwilling to make payment for the additional charges required.
PRODUCT PRICES
Prices displayed on the Site represent the full price in Australian dollars (AUD), including GST (Goods and Services Tax), for the product itself but does not include postage/delivery charges which will depend on the destination.
In addition to the price displayed on the website, you may also need to pay any additional delivery charges which are not shown in your shopping cart but which we incur because you live in an area where light aircraft or barge transport is required, or to which our national courier company does not provide a door-to-door service. These include, without limitation, Christmas Island, Norfolk Island, Roma and Nhulunbuy. Such charges may apply even where the item is shown on the Website as having “free delivery”, “free freight” or something similar. If you live in an area to which an Additional Delivery Charge will apply Fatz Fabrication will contact you before dispatching your order and provide you with a quote for the Additional Delivery Charge.
INTELLECTUAL PROPERTY
This Site contains copyright material, registered and non-registered trademarks that are protected by law and are the property of Fatz Fabrication and various third parties (“intellectual property rights”). You must not use our material and any of the marks or trademarks appearing on the Site or our name without our prior written consent.
ONLINE PURCHASING
By purchasing from our site, you agree to provide a true, complete and accurate email address, delivery address(es), billing address(es) and telephone number and to keep these details up to date. Incorrect information provided could lead to a delay in delivering your product(s) or non-delivery of your products.
If items are purchased that are not compatible with your vehicle, Fatz Fabrication is not responsible. If the information in the description is inadequate, it is the customers responsibility to contact us and seek further clarification, to ensure the correct product is purchased. We are more than happy to provide all the information you need to enable you to make an informed decision on purchases.
By placing an order with Fatz Fabrication you give Fatz Fabrication permission to subscribe you to marketing emails. You can opt-out/unsubscribe from these emails at any time. To unsubscribe, click the unsubscribe link found at the bottom of all emails sent by Fatz Fabrication and follow the steps.
LIMITATION OF LIABILITY
Fatz Fabrication shall not be liable for any lost profits, lost savings, loss of reputation, loss of goodwill, any kind of commercial or economic loss, indirect, incidental, punitive, special, or consequential damages arising out of or in connection with the agreement of the sale of any products or services by Fatz Fabrication or the use thereof whether or not such damages are based on tort, warranty, contract or any other legal theory – even if Fatz Fabrication has been advised, or is aware, of the possibility of such damages.
Any Buyer’s claim for damages must be brought by Buyer within ninety (90) days of the date of the event giving rise to any such claim and any lawsuit relative to any such claim must be filed within one (1) year of the date of the claim. Any claims that have been brought or filed not in accordance with the preceding sentence are null and void.
The limitations and exclusions set forth above in this Limitation and Liability Section shall apply only to the extent permitted by applicable mandatory law.
Return Policy
Fatz Fabrication may accept a return on a product if approved, on some conditions. The product must be in new condition, In original packaging and must not have been fitted to a vehicle. If any damage has resulted from transit or installation, the customer will incur the costs associated with returning the product to new condition. This may involve powder coating, replacement of some components on the item, polishing etc. The cost of freight will be incurred by the customer on returns depending on the reason for the return. Fatz Fabrication will not refund any money on returns, until the product has been returned to Fatz fabrication for inspection. A refund will then be issued accordingly. Fatz Fabrication will not accept returns if not processed within 14 days of the order being received by the customer. Fatz Fabrication will then charge an administration fee for processing the refund and restocking the item. Value of the charge will be determined by Management depending on the product and circumstances surrounding the return.