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Terms and Conditions

1. APPLICATION

1.1. These Terms govern the supply of any Goods by Hurricane Ignition Leads to the Customer from time to time.

1.2. The Customer shall be deemed to accept these Terms for the purposes of any Order upon a copy of these Terms being sent or delivered by or on behalf of Hurricane Ignition Leads to the Customer and the Customer subsequently placing an Order with Hurricane Ignition Leads for the Goods.

1.3. Any condition contained in any document (including any order form) created or issued by the Customer (whether in response to these Terms or otherwise) does not bind Hurricane Ignition Leads and the Customer acknowledges that in the absence of a variation in writing of these Terms agreed to by Hurricane Ignition Leads, the Customer will be bound by these Terms.

2. ORDERS

2.1. Each Order constitutes an offer by the Customer to Hurricane Ignition Leads to purchase Goods and is subject to acceptance by Hurricane Ignition Leads. Any Order accepted by Hurricane Ignition Leads shall constitute a binding agreement between the Customer and Hurricane Ignition Leads on these Terms.

2.2. The Customer is solely responsible for determining that the ordered Goods are suitable for the purpose for which the Goods are purchased.

3. TERMS OF PAYMENT

3.1. Prices quoted are subject to variation without notice.

3.2. Unless otherwise agreed between the parties, Hurricane Ignition Leads shall issue an invoice to the Customer ("Invoice") upon delivery of any Goods ordered by the Customer or at such other time as Hurricane Ignition Leads determines.

3.3. The Customer shall pay the price specified in all Invoices ("the Price") (without set off, deduction or counterclaim) by the date specified in the Invoice, or if no date is specified, 30 days from the end of the month in which the Goods are supplied ("the Due Date") using a method of payment approved by Hurricane Ignition Leads from time to time.

4. VARIATION OR CANCELLATION BY CUSTOMER

4.1. The Customer shall not vary or cancel an Order, without the prior written consent of Hurricane Ignition Leads.

4.2. If Hurricane Ignition Leads does elect to accept variations to the Order, the Customer shall pay for any variations to the Order at rates specified by Hurricane Ignition Leads which shall be in addition to the Price.

5. CANCELLATION OF ORDER BY Hurricane Ignition Leads

5.1. Hurricane Ignition Leads may at its sole and absolute discretion and for any reason whatsoever, by written notice to the Customer, cancel an Order at any time prior to delivery of the Goods. The Customer acknowledges that without limiting the foregoing, Hurricane Ignition Leads may cancel an Order due to its inability to supply Goods including, without limitation, failure by its suppliers to provide any part of the Goods.

5.2. Upon cancellation of an Order pursuant to clause 5.1 and subject to the Customer having complied with its obligations under these Terms, Hurricane Ignition Leads will refund to the Customer in full all amounts paid by the Customer prior to such cancellation.

6. AVAILABILITY OF GOODS

If Goods ordered by the Customer are not available at the time of Order they will be supplied by Hurricane Ignition Leads when available, and Hurricane Ignition Leads shall not be liable to the Customer to make good any loss or damage sustained by or incurred by the Customer or any other party, whether arising directly or indirectly as a result of any ensuing delay in delivery.

7. DELIVERY OF GOODS

7.1. The Customer acknowledges that any provisional Delivery Date specified by Hurricane Ignition Leads at the time of Order is an estimate only and should Hurricane Ignition Leads be unable to deliver the Goods by that date then: (i) delivery of the Goods shall be extended by any amount of time deemed necessary by Hurricane Ignition Leads; and (ii) Hurricane Ignition Leads may at its sole discretion cancel any Order, in which case any amounts paid to Hurricane Ignition Leads by the Customer shall be refunded.

7.2. Goods are deemed delivered in accordance with the requirements of an Order unless, within seven (7) days following the Delivery Date, the Customer notifies Hurricane Ignition Leads and the Carrier of any non-delivery, defect, shortage in quantity, damage or failure to comply with the Order ("Deficiency") and the Carrier's delivery document specifies full particulars of the alleged Deficiency.

7.3. Where Hurricane Ignition Leads notifies the Customer that Goods have been disHurricane Ignition Leadsched for delivery but the Goods do not arrive at the Customer's delivery address, the Customer must notify Hurricane Ignition Leads and the Carrier in writing within 21 days of the estimated Delivery Date.

7.4. Hurricane Ignition Leads accepts no liability for Goods that are damaged or lost in transit by the Carrier and the Customer is responsible for filing and negotiating any claims against the Carrier.

7.5. The Customer shall be responsible for insuring the Goods from the earlier of the Delivery Date or from the time that they are provided to a Carrier for subsequent delivery to the Customer.

8. RETURN OF GOODS

8.1. Goods ordered by the Customer may not be returned for credit, exchange or refund except with the prior written consent of Hurricane Ignition Leads, which may be withheld in its sole discretion.

8.2. If Hurricane Ignition Leads agrees to any return of the Goods, then the Goods will only be accepted by Hurricane Ignition Leads if they are unused and returned in their original packaging by Hurricane Ignition Leads's nominated Carrier, at the Customer's expense and risk, in a saleable condition, and received within 7 days following the date that Hurricane Ignition Leads communicated its agreement to accept such return.

8.3. In the event that Hurricane Ignition Leads deems, in it sole discretion, that any returned Goods are received by Hurricane Ignition Leads in an un-saleable condition, the Customer must pay, in addition to any fees payable pursuant to clause

8.4, a repackaging fee equal to 10% of the Price of the returned Goods, which Hurricane Ignition Leads may subtract from any refund or credit paid to the Customer. 8.4. Unless otherwise agreed by Hurricane Ignition Leads in writing, any returned Goods which are received by Hurricane Ignition Leads more than 30 days following the Delivery Date will be subject to a handling charge equal to 10% of the Price of the returned Goods, which Hurricane Ignition Leads may subtract from any refund or credit paid to the Customer.

8.5. Goods may not be returned more than 90 days following the Delivery Date without Hurricane Ignition Leads's prior written approval.

9. APPLICATION OF PAYMENTS

9.1. Any payments made by the Customer to Hurricane Ignition Leads shall be applied first as reimbursement for any sums payable under clause 10.1(ii), secondly in payment of sums payable under clause 10.1(i) and thirdly in satisfaction or part satisfaction of the oldest portion of the Customer's account.

9.2. Any payments due by Hurricane Ignition Leads to the Customer, whether arising by virtue of refund under clause 5.2, 7.1(ii), 8.1 or otherwise, may be paid in whole or in part by way of set off against any amounts payable by the Customer to Hurricane Ignition Leads, irrespective of whether such amounts have become due for payment.

10. DEFAULT BY THE CUSTOMER & INSOLVENCY EVENTS

10.1. If the Customer defaults in the payment of any sum of money due to Hurricane Ignition Leads, breaches these Terms or an Insolvency Event occurs in respect of the Customer:
(i) where money is owed to Hurricane Ignition Leads, the Customer must pay to Hurricane Ignition Leads interest at the rate of 12.5% per annum, calculated daily from the Delivery Date of Goods referred to in an Invoice until the date of payment in full of the Invoice amount;
(ii) the Customer must pay or reimburse Hurricane Ignition Leads for all collection agency costs incurred by Hurricane Ignition Leads, legal costs incurred by Hurricane Ignition Leads calculated on a solicitor and own client basis and any other administrative costs incurred by Hurricane Ignition Leads arising directly or indirectly from such default;
(iii) Hurricane Ignition Leads may cancel any Orders in existence or suspend all further deliveries of Goods to the Customer (without prejudice to any other rights or remedies of Hurricane Ignition Leads and without any liability to the Customer) until any and all outstanding amounts are paid in full, including any interest or other sums payable under this clause;
(iv) the whole sum then owing by the Customer to Hurricane Ignition Leads for all Goods sold by Hurricane Ignition Leads to the Customer, shall immediately become due and payable and the Customer shall not thereafter be entitled to purchase Goods on credit from Hurricane Ignition Leads unless Hurricane Ignition Leads has agreed to same in writing, in which case, unless a contrary intention is shown in such agreement, the payment obligations contained herein shall apply; and
(v) Hurricane Ignition Leads may, in its sole discretion, exercise its rights under clause 11.3.

11. RETENTION OF TITLE

11.1. Notwithstanding that the Customer has possession of the Goods, property in, and ownership of the Goods remains with Hurricane Ignition Leads and no legal or equitable interest or property in the Goods whatsoever shall pass to or vest in the Customer until the full amount due for the Goods and all other Goods supplied by Hurricane Ignition Leads to the Customer (including any additional amounts payable by the Customer pursuant to these Terms has been paid to Hurricane Ignition Leads by the Customer.

11.2. Until property passes to the Customer:
(i) the Customer holds the Goods as fiduciary and bailee for Hurricane Ignition Leads;
(ii) the Goods must be stored separately and in a manner that enables them to be identified and cross-referenced to particular Invoices;
(iii) Hurricane Ignition Leads, its employees or agents, are entitled to enter the Customer's premises between 9.00am and 5.00pm on any business day to inspect the Goods;
(iv) unless otherwise notified in writing by Hurricane Ignition Leads the Customer is authorised to sell the Goods in the ordinary course of the Customer's business; and
(v) the proceeds of the Goods sold by the Customer are to be held in trust for Hurricane Ignition Leads and must be paid immediately into a separate account and must not be mixed with any other money, including funds of the Customer.

11.3. In the event that the Customer is in default of its obligations under these Terms, any Order or any other agreement that exists between the Customer and Hurricane Ignition Leads, the Customer must at its sole expense, deliver the Goods to Hurricane Ignition Leads on demand. If the Customer does not comply with such a demand, the Customer authorises Hurricane Ignition Leads to enter the Customer's premises at any time to do all things necessary in order to take possession of the Goods. For this purpose the Customer must procure the consent of all other persons having any interest in the premises where the Goods are situated to entry of those premises by Hurricane Ignition Leads, its employees or agents and the Customer indemnifies Hurricane Ignition Leads against any claim, loss, liability, cost and expense that may be incurred or sustained by Hurricane Ignition Leads, its employees or agents, as a result of the entry of those premises where the Goods are situated.

11.4. The Customer's right to hold and sell the Goods will immediately cease if an Insolvency Event occurs in respect of the Customer. In any such case, and without the need for notice or demand by Hurricane Ignition Leads, the Customer acknowledges any sale or purported sale of the Goods will not be in the ordinary course of the Customer's business and the proceeds of any Goods sold in such circumstances will be held on trust for Hurricane Ignition Leads by the administrator, controller or similar officer as the case may be, or if there is no such officer, by the Customer.

11.5. The Customer acknowledges that Hurricane Ignition Leads has a 'Security Interest' (as that term is defined in the Personal Property Securities (PPS) Act 2009) in all Goods and services supplied pursuant to these Terms and the Customer shall , if required by Hurricane Ignition Leads, assist Hurricane Ignition Leads in any way necessary to ensure that the Security Interest becomes a 'Perfected Security Interest' as that term is defined in the PPS Act.

12. GST

12.1. Unless otherwise expressed to the contrary, all prices and amounts are expressed to be exclusive of goods and services tax ("GST").

12.2. If GST is payable by Hurricane Ignition Leads on the supply of goods or services to the Customer, the Customer must also pay to Hurricane Ignition Leads at the same time the amount is payable GST, and all other applicable taxes, duties, levies, penalties and any other government charges payable in relation to the supply of goods or services (which have not been included in the price) on demand by Hurricane Ignition Leads, subject to Hurricane Ignition Leads providing the Customer with a tax invoice required by law.

13. PRODUCT WARRANTY

If the Customer notifies Hurricane Ignition Leads of any defect or failure in the Goods within twelve (12) months of the Delivery Date, Hurricane Ignition Leads may elect, in its sole discretion, to either resupply the Goods or repair the original Goods at no cost to the Customer, provided that Hurricane Ignition Leads and the relevant supplier are satisfied, in their sole discretion, that the defect or failure is due solely to faulty workmanship or the use of faulty materials and that the Goods have not been subject to maltreatment, inattention, interference or other improper use by the Customer or any third party.

14. PRIVACY AUTHORITY

The Customer irrevocably authorises Hurricane Ignition Leads, its employees and agents to make such enquiries as it deems necessary to investigate the credit worthiness of the Customer from time to time including (but without limiting the generality of the foregoing) the making of enquiries of persons nominated as trade referees, the bankers of the Customer or any other credit providers and the Customer hereby authorises such information sources to disclose to Hurricane Ignition Leads any information concerning the Customer which is within their possession and which is requested by Hurricane Ignition Leads. The Customer agrees that, subject to the terms of the Privacy Act 1988 (Cth), Hurricane Ignition Leads may in its absolute discretion disclose the status of the Customer's account to any person or corporation.

15. FORCE MAJEURE

The obligations of Hurricane Ignition Leads shall be suspended during the time and to the extent that Hurricane Ignition Leads is prevented from or delayed in complying with its obligations by circumstances beyond the control of Hurricane Ignition Leads which occur without default or negligence of Hurricane Ignition Leads and include inevitable accident, storm, flood, fire, earthquake, explosion, peril of navigation, hostility, war (declared or undeclared), insurrection, strike, lockout or other labour difficulty, executive or administrative order or act either general or of particular application of any government whether de jure or de facto or of any official purporting to act under the authority of that government, prohibition or restriction by domestic or foreign laws regulations or policies, quarantine or customs restriction, breakdown or damage to or confiscation of property.

16. INTELLECTUAL PROPERTY

16.1. The Customer acknowledges and agrees that under no circumstances will it take any interest in Hurricane Ignition Leads's Intellectual Property Rights, and Hurricane Ignition Leads reserves all of its rights in respect of its Intellectual Property Rights.

16.2. All drawings, specifications, photographs, schedules and other documents prepared by or on behalf of Hurricane Ignition Leads shall remain the sole property of Hurricane Ignition Leads. No copies or amendments may be made or extracts taken without Hurricane Ignition Leads's prior written consent.

17. ERRORS IN Hurricane Ignition Leads DOCUMENTS

Typographical and clerical errors in Hurricane Ignition Leads's documents shall be subject to correction by Hurricane Ignition Leads by means of reissue of the document withreference to the original document or by amending the original document. The Customer shall not be entitled to a reduction or variation in the Price of the Goods or the Customer's obligations under these Terms by reason of such an error.

18. EXCLUSION OF IMPLIED CONDITIONS AND WARRANTIES

18.1. The parties acknowledge that, under applicable State and Commonwealth law, certain clauses, conditions, guarantees and warranties may be implied in these Terms and there are rights and remedies conferred on the Customer in relation to the provision of goods or of services which cannot be excluded, restricted or modified by agreement ("Non-excludable Rights"). These Terms are subject to the Non-excludable Rights.

18.2. Except to the extent of Non-excludable Rights, Hurricane Ignition Leads will not be liable for:
(i) any claim by the Customer or any other person, including without limitation, any claim relating to or arising from all clauses, conditions, guarantees and warranties expressed or implied, and all rights and remedies conferred on the Customer, by statute, the common law, equity, trade, custom or usage or otherwise; and
(ii) any representations, warranties, conditions or agreement made by any agent or representative which are not expressly confirmed by Hurricane Ignition Leads in writing, and the liability of Hurricane Ignition Leads for any such matters is hereby excluded.

18.3. Where (and to the extent) that the liability of Hurricane Ignition Leads for a breach of a Non-Excludable Right can be limited by law, Hurricane Ignition Leads's liability is limited, at Hurricane Ignition Leads's election, to the replacement of the Goods, the supply of equivalent Goods, the repair of the Goods, the payment of the cost of replacing the Goods or of acquiring equivalent Goods or the payment of the cost of having the Goods repaired, at the election of Hurricane Ignition Leads.

18.4. Notwithstanding any other provision in these Terms, Hurricane Ignition Leads is in no circumstance (whatever the cause) liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate any person for any loss or damage consequential or otherwise, whatsoever and howsoever suffered or incurred, by any such person in relation to the Goods, including without limitation, any failure, defect or deficiency of whatsoever nature or kind of or in the Goods, any product data, specifications, drawings, design details or performance figures contained in documents produced by Hurricane Ignition Leads or any third party or any advice given by Hurricane Ignition Leads or its employees, servants or agents.

18.5. To the full extent permitted by law, Hurricane Ignition Leads's liability to the Customer for all claims made by the Customer, in relation to a breach of these Terms or otherwise, whether arising under contract, negligence or any other tort, under statute or otherwise, will not exceed in aggregate the amounts paid by the Customer under these Terms.

19. MISCELLANEOUS

19.1. These Terms contain the entire agreement between the parties about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by these Terms and has no further effect.

19.2. Hurricane Ignition Leads may vary these Terms from time to time in its sole discretion by publishing such amended Terms on the Website. Any variation of these Terms will be effective, whether or not notified to the Customer, from the effective date specified on the Website.

19.3. These Terms are governed by and must be construed in accordance with the laws of the State of Victoria. The parties submit to the exclusive jurisdiction of the Courts of that State and the Commonwealth of Australia in respect of all matters or things arising out of these Terms.

20. INTERPRETATION

20.1. Definitions:
(i) "Carrier" means the delivery agent that Hurricane Ignition Leads nominates to deliver Goods pursuant to an Order;
(ii) "Customer" means the person, firm, corporation or entity, which purchases or orders Goods from Hurricane Ignition Leads from time to time and includes legal representatives, agents, servants, contractors, administrators, successors or permitted assignees;
(iii) "Delivery Date" is the date on which the Goods are received or due to be received by the Customer;
(iv) "Goods", unless the context requires otherwise, means the products and, if any, services supplied by Hurricane Ignition Leads to the Customer from time to time;
(v) "Insolvency Event" means:
(A) in the case of an individual, an application is made to a court for a sequestration order against that person or the person commits an act of bankruptcy or takes any steps to obtain protection or is granted protection from that person's creditors under any applicable legislation;
(B) in either case a person or company entering into a composition, assignment or arrangement with creditors; and
(C) in the case of a company, an application is made to a court for an order or an order is made that the company be wound up, an application is made to a court for an order appointing a provisional liquidator or receiver of the company, a meeting is convened or a resolution is passed to appoint an administrator of the company, the company calls a meeting for the purpose of appointing a liquidator or any of the events described in Sections 459C(2) (a) to (f) or 585 of the Corporations Act 2001 (Cth) occurs in relation to the company,
(vi) "Intellectual Property Rights" means all intellectual property rights of any kind whatsoever throughout the world including all rights which subsist in copyright, Hurricane Ignition Leadsents, trade marks or designs, irrespective of whether such rights are registered or capable of being registered;
(vii) "Order" means any request for the supply of Goods to the Customer or nominee of the Customer;
(viii) "Hurricane Ignition Leads" means V.I.P. Tune Pty Ltd. Hurricane Ignition Leads includes its employees, agents, representatives, directors, offices, services and contractors and permitted assignees;
(ix) "Terms" means the agreement between the Customer and Hurricane Ignition Leads on the basis of the terms and conditions set out herein; and
(x) "Website" means www.hurricaneleads.com.au.

20.2. In the interpretation of these Terms, unless the contrary intention appears: (i) headings are for convenience only and do not affect the interpretation of these Terms; (ii) the words "includes" or "including" will not limit whatever follows; (iii) a reference to a person includes a reference to a corporation, firm, association or other entity, and vice versa; the singular includes the plural and vice versa; a reference to any gender includes a reference to all other genders; (iv) a reference to any legislation includes a reference to any modification or re-enactment of that legislation; and (v) where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning.