Terms & Conditions

1.   Acceptance

a) Any instructions received by SpeedRack from the Client for the supply of Goods and/or the Client’s acceptance of Goods supplied by SpeedRack shall constitute acceptance of the terms and conditions contained herein.

b) Where more than one Client has entered into this agreement, the Clients shall be jointly and severally liable for all payments of the Price.

c) Upon acceptance of these terms and conditions by the Client the terms and conditions are binding and can only be amended with the written consent from SpeedRack.

2.   Delivery Of Goods.

a) Delivery of the Goods shall take place when the Client takes possession of the Goods at the Client’s nominated address.

b) The costs of delivery are for the Client’s account.

c) The Client shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. In the event that the Client is unable to take delivery of the Goods as arranged then the Seller shall be entitled to charge a reasonable fee for redelivery.

d) Delivery of the Goods to a third party nominated by the Client is deemed to be delivery to the Client for the purposes of this agreement.

e) SpeedRack may deliver the Goods by separate installments. Each separate installment shall be invoiced and paid in accordance with the provisions in these terms and conditions.

f) The failure of SpeedRack to deliver shall not entitle either party to treat this contract as repudiated.

g) SpeedRack shall not be liable for any loss or damage whatever due to failure by SpeedRack to deliver the Goods (or any of them) promptly or at all.

3.   Risk

If SpeedRack retains ownership of the Goods nonetheless, all risk for the Goods passes to the Client on delivery.

4.   Title

a) Title to all goods sold and delivered to the purchaser shall remain with the supplier and will not pass to the purchaser until such time as all monies due from the purchaser to the supplier are paid. In the event that the said goods or service or any part thereof are sold by the purchaser on credit terms and there remains monies due by the purchaser to the supplier then any debt due to the purchaser shall be the property of the supplier. The supplier shall have full authority to direct payment of such debt as if the supplier were the customer in relationship to the party to whom the goods have been sold. That the supplier has the right to collect from the sub-purchaser the proceeds of sale of the goods originally supplied or of the new goods with which they have been mixed or incorporated.

b) Receipt from SpeedRack of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognized and until then SpeedRack ownership or rights in respect of the Goods shall continue.

c) It is further agreed that:

– If the Client fails to return the Goods to SpeedRack then SpeedRack or SpeedRack agent may enter upon and into land and premises owned, occupied or used by the Client, or any premises as the invitee of the Client, where the Goods are situated and take possession of the Goods; and

– SpeedRack can issue proceedings to recover the Price of the Goods sold not withstanding that ownership of the Goods may not have passed to the Client; and

– until such time that ownership in the Goods passes to the Client, if the Goods are converted into other products, the parties agree that SpeedRack will be the owner of the end products.

5.   Defects

a) The Client shall inspect the Goods on delivery and shall within 72 Hour of delivery (time being of the essence) notify SpeedRack of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Client shall afford the Seller an opportunity to inspect the Goods within a reasonable time following delivery if the Client believes the Goods are defective in any way. If the Client shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which the Seller has agreed in writing that the Client is entitled to reject, SpeedRacks liability is limited to either (at SpeedRack discretion) replacing the Goods or repairing the Goods.

6.   Returns

– Returns will not be accepted unless under warranty & the client has complied with the provisions of clause 5.

– the Seller will not be liable for Goods which have not been stored or used in a proper manner; and
– the Goods are returned in the condition in which they were delivered.

7.   Warranty

We don’t anticipate that customers will experience problems with our product, however should the situation arise where product performance is affected by faulty materials or workmanship, we will repair or replace the product in accordance within the relevant warranty period.

SpeedRack shall not be responsible for any loss or damage to the Goods, or caused by the Goods, or any part thereof however arising.

8.   Default & Consequences of Default

a) Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one half percent (2.5%) per calendar month and such interest shall compound monthly at such a rate after as well as before any judgment.

b) If the Client defaults in payment of any invoice when due, the Client shall indemnify SpeedRack from and against all costs and disbursements incurred by SpeedRack in pursuing the debt including legal costs on a solicitor and own client basis and SpeedRack collection agency costs.

c) Without prejudice to any other remedies SpeedRack may have, if at any time the Client is in breach of any obligation (including those relating to payment), SpeedRack may suspend or terminate the supply of Goods to the Client and any of its other obligations under the terms and conditions. SpeedRack will not be liable to the Client for any loss or damage the Client suffers because SpeedRack has exercised its rights under this clause.

d) Without prejudice to SpeedRack other remedies at law SpeedRack shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to SpeedRack shall, whether or not due for payment, become immediately payable in the event that any money payable to SpeedRack becomes overdue, or in SpeedRack opinion the Client will be unable to meet its payments as they fall due.

9.   Cancellation

a) SpeedRack may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered. SpeedRack shall not be liable for any loss or damage whatever arising from such cancellation.

b) In the event that the Client cancels delivery of Goods the Client shall be liable for any loss incurred by SpeedRack (including, but not limited to, any loss of profits) up to the time of cancellation.

10.        General

a) SpeedRack shall be under no liability whatever to the Client for any indirect loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by SpeedRack of these terms and conditions.

b) In the event of any breach of this contract by SpeedRack the remedies of the Client shall be limited to damages which under no circumstances shall exceed the Price of the Goods.

c) The Client shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Client by SpeedRack.

d) The failure by SpeedRack to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect SpeedRacks right to subsequently enforce that provision.

11.        Installations

a) A Fork lift must be provided by the Client, to unload the Goods, and for use during construction.

b) The construction area must be clear and empty before our staff will begin work. If for any reason un-due to SpeedRack Construction is unable to be begun, and additional fee of $280.00 [Excluding GST] will be charged.

c) Once Construction has begun, any alteration of the floor plan, or the height of the shelf levels will incur and additional charge of $55.00 per hour – per man. Full Payment is due at the time the installation is complete.