Terms and Conditions of Sale

General

These terms and conditions ("Terms") apply whenever Link Engine Management Pty Ltd ABN 72 640 944 627 (“Link”) supplies any products, together with any ancillary advice and services ("Products") to any person ("Buyer, you"), unless expressly agreed otherwise in writing. By requesting the supply of Products from Link including placing an order for Products on any website operated by Link ("Website"), the Buyer acknowledges and agrees to these Terms. Link is powered by Shopify, which enables us to provide the Products to you.

These Terms, together with any order confirmation issued by Link constitute the entire agreement between Link and the Buyer for the supply of Products and supersede and exclude any previous representation, agreement, arrangement or correspondence on the matter, any terms or documents submitted by the Buyer and any terms implied by trade, custom, practice or course of dealing.

Nothing in these Terms excludes, restricts or modifies the application of any consumer guarantee, statutory warranty, right, remedy, or protection that cannot lawfully be excluded, restricted, or modified, including (where applicable) the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) ("ACL") and any rights which the Buyer may have under such laws.

Product information, suitability, lawful purpose and compatibility

The Buyer is responsible for checking that Products ordered by the Buyer are suitable for the relevant vehicle, engine, intended use, and installation environment before placing an order. If you are unsure, you should contact Link or a suitably qualified installer or tuner before purchasing.

The Buyer acknowledges that the Products are intended for motorsport, competition, off-road, development, and/or specialist use only and your Product installation, or tuning could mean your vehicle may not be legal for use on public roads. The Buyer is responsible for ensuring that their purchase, the installation, tuning, and use of Products complies with all laws that apply to the Buyer's vehicle and intended use.

The Products should not be used where installation and tuning of such products contravenes Australian laws, interferes with the vehicle’s safety or pollution protection features, or bypasses, defeats, or renders inoperative any emissions control system. In some instances, changing your motor vehicle's factory settings may void your vehicles manufacturer's warranty.

Unless Link expressly states otherwise, Products should be installed, configured, and tuned only by suitably qualified persons. Incorrect installation, wiring, configuration, calibration, or tuning can cause poor vehicle operation, component damage, engine damage, unsafe conditions, or personal injury. The Buyer is responsible for following all installation instructions, manuals, technical notes, release notes and safety warnings issued by or on behalf of Link.

While Link endeavours to ensure the accuracy of its Website, errors and omissions may occur. Products displayed on the Website are subject to availability and Products delivered may differ from the Product images presented on the Website.

The Buyer will indemnify, defend and hold harmless Link and its affiliated entities, and their respective officers, directors, shareholders, employees and agents, from and against any and all claims, damages and expenses (including reasonable attorneys' fees and costs of litigation) by any third party resulting from any acts or omissions of the Buyer relating to their use of the Products.

Ordering

When making an order for Products, the Buyer must follow any applicable instructions issued by Link (including where relevant any Website instructions).

As at the date of these Terms, Link only delivers orders placed via the Website to Buyers located in, and with a delivery address in, Australia.

The Buyer acknowledges that, while Link will endeavour to supply all Products ordered by the Buyer, neither the display of Products on the Website nor making and paying for an order guarantees the supply of the Products. Link may reject or cancel any order, in whole or in part, including: (i) due to unavailability of stock; (ii) if there is an error in the price, Product description or any other aspect of the order or order confirmation (including on the Website if applicable); (iii) or if Link reasonably believes the order to be placed for any commercial, business or resale purposes, fraudulently or otherwise in breach of these Terms. Link will issue an order confirmation to the Buyer to confirm Link has received and accepted an order. The Buyer is bound to pay the price set out at the checkout, unless Link expressly agrees otherwise in writing.

Where an order is canceled or rejected pursuant to clause 3.3, Link will give prompt notice to the Buyer and will refund the purchase price to the Buyer.

Price and payment

The applicable price for ordered Products is that set out at the checkout and includes goods and services tax (GST) and any other charges, including delivery charges to the address provided by the Buyer.

All prices are subject to adjustment, at any time, by Link. Link seeks to ensure that prices stated on the Website are accurate, however errors do occur from time to time. Where a pricing error occurs (subject to applicable law that cannot be excluded), Link will promptly inform the Buyer of the error and give the Buyer the option of continuing to purchase the Products at the correct price or cancelling the order. If the purchase is continued, payment of the balance must be made promptly following issue of an amended invoice for the balance, and if the order is cancelled, Link will refund the purchase price to the Buyer.

Unless otherwise specified, payment for Products will be made in full by the Buyer at the time of placing the order and in advance of shipment by direct credit card payment, PayPal (or, where relevant, by any other method of payment Link accepts on the Website).

The Buyer must be fully entitled to use the payment method used for purchases. The payment method must have sufficient funds, credit or other payment facilities to cover the purchase. Link is not responsible for the decisions of payment providers to allow the Buyer to use their service and Link does not provide any warranties or assurances about them.

Cancellations and changes

Where the Buyer changes their mind, no cancellation of or changes to the Products ordered by the Buyer shall be effective without Link's written consent. Without such consent, the Buyer will remain responsible and liable for payment of the price set out in the order confirmation for the ordered Products. Products may not be returned without obtaining written authorization and shipping instructions from Link. If Link cancels Buyer’s order, Link accepts no liability for any resulting damages or costs suffered by Buyer however, Link will refund the purchase price to Buyer.

Link may refuse to refund the price for any returned Products where the Buyer changes their mind if for example:

the Products have been discontinued or otherwise no longer appear in Link's current price lists; or
the Products were "made-to-order" or modified to the Buyer's requirements; or
Link otherwise determines, after inspection and investigation, in its sole discretion, that the Products are no longer in saleable condition, or

If Link rejects or cancels an order before delivery, Link will promptly refund any payment already made by the Buyer.

Delivery

Unless specified otherwise in the order confirmation, Link will deliver Products to the Buyer's nominated delivery location.

Any time stated for delivery is an estimate only and, to the maximum extent permitted by law, Link is not liable for any delay in delivery (howsoever caused). If Link considers that the delivery of an order is likely to be substantially delayed, Link may contact the Buyer to arrange an alternative delivery timeframe. If that timeframe is unacceptable to the Buyer, the Buyer may cancel the order and the purchase price will be refunded. If any delay in delivery is caused by the Buyer's failure to provide Link with adequate delivery instructions (or any other information or documentation reasonably required by Link to effect delivery of the Products), or any other cause beyond Link’s reasonable control, the delivery date will be extended and the Buyer will not have a right to cancel the order or otherwise reject the Products except to the extent permitted by ACL.

Link may not be able to deliver to some locations. If Link is unable to deliver to the Buyer's nominated delivery location, Link will endeavour to inform the Buyer using the contact details that the Buyer provided when placing the order and arrange for cancellation and refund of the order, or delivery to or collection from an alternative address.

The Buyer will ensure that its nominated delivery location is easily accessible to the carrier, and that it is safe for the carrier to enter the premises and complete the delivery. If in the carrier's opinion the nominated delivery location is not easily accessible, or it is unsafe to deliver the Products, the delivery will not be made, and the Buyer will be contacted to make alternative arrangements. Link may charge the Buyer an additional delivery fee in respect of any deliveries repeated under this clause (or if the Buyer changes the delivery address with Link's consent). If alternative arrangements acceptable to Link are not reached, the Buyer will be deemed to have cancelled the order and Link will promptly refund any payment already made by the Buyer.

Title and risk in the Products shall pass to the Buyer upon delivery. Delivery may be completed by leaving the Products at the nominated delivery location or handing the Products to any person located at the nominated delivery location.

If there is visible damage or defects to the Products on delivery, or if the Buyer received the wrong item, the Buyer must promptly email Link notifying us of the issue and providing full details. The email must include a photo of the package to enable Link to identify the issue. The Buyer is requested not to dispose of any of the packaging or Products until Link provides the Buyer with instructions on the next steps. Nothing in this clause, including late notice and disposal of original packaging, will extinguish the Buyer’s ACL rights.

Force Majeure

In the event either party is unable to fully perform its obligations hereunder (except for Buyer's obligation to pay for Products ordered) due to events beyond its reasonable control including but not limited to acts of God, action by any governmental authority (whether valid or invalid), fire, flood, windstorm, explosion, riot, natural disaster, epidemic, pandemic, war, sabotage, labour problems (including lockouts, strikes, slowdowns), inability to obtain power, material, labour, equipment or transportation, or court injunction or order, that party shall be relieved of its obligations to the extent it is unable to perform without liability to the other party. Timely notice of such inability to perform shall be given to the other party. Where the Products cannot be delivered under this clause, the order will be regarded as cancelled and the Buyer will be provided with a refund of the purchase price.

Warranty

Our Products come with guarantees that cannot be excluded under the ACL. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. If the ACL or any other mandatorily applicable law applies, this clause shall be read subject to the Buyer's rights under such law. The warranty provided below is in addition to, and does not limit, any rights the Buyer may have under any such law.

Link warrants that the Products will comply with the terms of any warranty applicable to the particular Products which is notified in writing to the Buyer by Link or set out on the Website [here] (“Warranty”). Link may vary the terms of the Warranty from time to time by publishing revised terms on the Website. Any such variation will apply to any Products sold after the effective date of that variation.

All software or other electronic or digital Products sold or supplied by Link are subject to the terms and conditions of the licence agreements that apply to those Products. The Buyer acknowledges its obligation to abide by such licence agreements, and acknowledges that, unless otherwise required by applicable law, any warranty relating to such software or other electronic or digital products is provided under such licence agreements and not under these Terms.

To the extent permitted by law and except as otherwise set out in these Terms, all conditions or warranties (whether express or implied by statute or common law or arising from conduct or by previous course of dealing or trade custom or trade usage or otherwise) in relation to the Products, including their quality or fitness for any particular purpose (even if that purpose is made known expressly or by implication to Link) are hereby expressly excluded.

Notwithstanding any other provision of these Terms, but subject to the ACL or any other mandatorily applicable law, in no event will Link be liable, whether in contract, tort or otherwise:

where the Buyer has altered or modified any Products, misapplied any Products or subjected any Products to any unusual or non-recommended use, service or handling (including any failure to comply with any Product manual or other documentation provided by Link or any failure to install any required updates or follow safety notices);
for any loss, damage or defect caused by any installation, configuration, calibration or tuning by anyone other than Link.

Intellectual Property

All intellectual property rights in the Products (including any associated software, manuals and documentation), in the Website, and any trading name or trademark used by Link, are exclusively owned by Link or its relevant licensor(s). Nothing in these Terms grants the Buyer any right, title or interest in or to any such intellectual property rights other than a right to use such intellectual property for personal, lawful use of the Products purchased by the Buyer.

The Buyer must not use, reproduce or copy any software associated with the Products, without the prior written consent of Link. The Buyer must not at any time reverse engineer any part of the Products (or any associated software).

Link warrants that the Products shall be delivered free of rightful claims for infringement of any third party intellectual property rights, provided, however, that this warranty shall not apply to claims for infringement to the extent that any Products are:

manufactured to Buyer's specifications;
used in combination with Products not purchased from Link in a manner which infringes a patent covering the combination;
used in a manner not reasonably anticipated by Link.

Link's obligations under the warranty in the paragraph above are conditional upon the Buyer:

giving Link prompt written notice of any infringement claim;
cooperating fully with respect to the defence of such claim; and
upon Link's request, providing Link full control of the defence including settlement and/or litigation of such claim.

Link shall be entitled, at its option, to obtain a licence on the Buyer's behalf for the Product which (allegedly) infringes an intellectual property right or to modify the Product in such a way that it does not infringe the intellectual property right, or replace the Product by a similar product which does not infringe the intellectual property right. Subject to the ACL or any other mandatorily applicable law, this clause constitutes the entire liability of Link and sole and exclusive remedy of the Buyer for claims for intellectual property infringement relating to the Products.

Privacy

Link is committed to respecting the privacy of natural persons. Link may, in accordance with applicable law and Link's Privacy Policy, collect, store, use and disclose personal information about the Buyer for the purposes of administration and management of the Buyer's account with Link, correspondence with a Buyer in relation to a purchase of Product(s) by the Buyer, and any other purpose relating to these Terms or contemplated by Link's Privacy Policy (as published on the Website from time to time).

The Buyer authorises Link and its partners to: (i) disclose all such personal information to any of its related bodies corporate and any third party; and (ii) transfer the Buyer's personal information to any country, in connection with any of the purposes set out in the paragraph above. Specifically, Link may share your personal information with Link Engine Management Limited, its parent company which is based in New Zealand.

Link is committed to keeping your personal data on our systems safe and secure and will take all reasonable steps to protect your personal information from misuse, loss, unauthorised access, modification or disclosure. However, you acknowledge that security of the transmission of data over the internet can never be guaranteed, and it is your sole responsibility to protect access to any emails you receive from us that provide access to your account. To the maximum extent permitted by law, Link will not be liable for any direct or indirect damage or loss if any third party gains unauthorised access to your information. Nothing in the section limits the Privacy Policy and to the extent of any inconsistency the terms of the Privacy Policy shall apply.

Export Control Laws

The Buyer acknowledges that exports and re-exports of the Products, may be subject to domestic or foreign trade controls, customs restrictions, boycotts, prohibitions, embargoes or sanctions laws, regulations, rules and orders (“Export Control Laws”). The Buyer will comply with all applicable Export Control Laws and will not export, re-export or otherwise transfer any Products in contravention of any Export Control Laws. Where the supply of Products to a Buyer, or the use of Products by a Buyer, is subject to Export Control Laws, in addition to any other remedy it may have, Link will not have any liability to the Buyer and Link may give notice to suspend or cancel the relevant order if Link is not reasonably satisfied that the supply and delivery of the Products to the Buyer fully complies with all Export Control Laws. If notice is given a refund of the purchase price will be paid to the Buyer.

Relationship with Shopify

Link is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Link. By purchasing the Products, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Link, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases with Link.

Miscellaneous

Severability: If any provision of these Terms is held to be illegal, invalid or unenforceable under any present or future laws, such provision shall be fully severable and these Terms shall be construed and enforced as if such illegal, invalid or unenforceable provision had never a part of these Terms. The remaining provisions of these Terms shall remain in full force and effect and shall not be affected by such illegal, invalid or unenforceable provisions or by their severance from these Terms.

Waiver: Any waiver or variation of these Terms will not be effective unless and to the extent expressly agreed in writing by Link.

Set-Off: The Buyer shall not be entitled to set-off any amounts due to the Buyer against any amount due to Link in connection with this transaction.

Applicable Law: These Terms shall be interpreted in accordance with and governed by the laws which apply in the State of Queensland, Australia, and the parties submit to the jurisdiction of the courts in that State. Variation: Link may vary these Terms from time to time. Any such variation will be effective from the date specified by Link in any written notice provided to the Buyer or published on the Website and shall apply to any order of Products by the Buyer after such effective date.

Electronic notice: Link may give notices or other communications to the Buyer under these Terms (or otherwise related to the Buyer's orders, warranty claims, safety notices, recalls, and account) by hand, prepaid post, email, SMS or other electronic means.