Important Information About These Terms
These Terms and Conditions govern your relationship with Anytime Parts Limited and are divided into two sections:
Part 1: Website Terms - Covers your use of our websites
Part 2: Trading Terms - Covers your purchases of our products and services
Please read both sections carefully as they contain important information about your rights and obligations.
Key Points to Note
Your Content: If you submit reviews or other content to our websites, we may use this content for business purposes, including in our marketing materials and on social media.
Website Information: The information on our websites is general in nature and shouldn't replace professional advice specific to your situation.
Liability Limits: Our liability to you is limited as described in these terms, except where Australian consumer law provides mandatory protections.
Special Orders: If we order items specifically for you and you cancel, you may need to pay our reasonable costs.
Part 1: Website Terms and Conditions
1. About Anytime Parts
Anytime Parts Limited (ABN 53 665 095 081) is a leading supplier in Australia's automotive and commercial vehicle sector. We provide truck and trailer parts, automotive supplies, and workshop consumables to customers across various industries.
When we use "Anytime Parts," "we," "us," or "our" in these terms, we mean Anytime Parts Limited and its Australian subsidiaries, including Anytime Parts Operations.
2. When These Website Terms Apply
These Website Terms apply when you:
- Visit or use www.anytimeparts.com.au or any other Anytime Parts websites
- Use products or services provided through our websites
- Interact with us online in any way
Different terms may apply to specific Anytime Parts websites or services, which will be clearly indicated where relevant.
3. Your Agreement to These Terms
By using our websites or online services, you confirm that you've read, understood, and agree to these terms. They form a legally binding agreement between you and Anytime Parts.
Given that our products include specialized equipment typically used by adults and professionals, if you're under 15 years old, you must have your parent or guardian's consent before using our websites or services.
If you don't agree with these terms, please don't use our websites or services.
4. Creating an Account
Account Types
You can create two types of accounts with us:
Online Account - A general account for shopping and accessing our services
VIP Member Account - A special account with additional benefits for trade customers
To create a VIP Member Account, you'll need to provide your company name, trading name, and ABN. This information is required for account verification and cannot be waived.
Keeping Your Information Current
If you create an account, you must keep your information accurate and up to date. Let us know promptly if any of your details change.
5. Privacy and Security
Information We Collect
When you create an account, subscribe to our communications, or interact with us online, we collect certain personal information including:
- Your name and contact details
- Email address and phone number
- Date of birth (for certain services)
- Location details (city, state, postcode)
- Company information (for trade accounts)
How We Handle Your Information
We handle your personal information according to our Privacy Policy, available at www.anytimeparts.com.au/pages/privacy-policy. You confirm that all information you provide is complete, true, and correct.
Online Security
The internet has inherent security risks. Your use of our websites is at your own risk, and you should take appropriate precautions against viruses and other online threats.
If you have a VIP Member Account, you must keep your login credentials secure and confidential. If your account is compromised, notify us immediately so we can help protect your information.
6. Content You Submit
Your Responsibilities
When you submit reviews, comments, or other content to our websites ("User Content"), you confirm that:
- You own the content or have permission to share it
- It represents your genuine opinion
- It doesn't infringe anyone's rights or break any laws
Content Standards
Your content must not:
- Infringe intellectual property rights
- Be misleading or deceptive
- Impersonate others or misrepresent your identity
- Be illegal, offensive, defamatory, or inappropriate
- Contain harmful material like viruses or malicious code
How We Use Your Content
When you submit content, you grant us permission to:
- Edit or remove content that violates these terms
- Use your content for business purposes
- Display it on our websites and social media
- Share it across the Anytime Parts group
We don't claim ownership of your content, but you grant us a permanent, worldwide license to use it in connection with our business. We're not obligated to display any content you submit.
7. Cookies and Tracking
Our websites use cookies and similar technologies to improve your experience and remember your preferences. For details about how we use cookies and how to manage them, please see our Privacy Policy.
8. Prohibited Activities
When using our websites, you must not:
- Engage in illegal activities or breach any laws
- Make fraudulent transactions or requests
- Infringe intellectual property rights
- Copy website content without our written permission
- Resell information obtained from our websites
- Mislead or deceive others
- Upload viruses or harmful code
- Interfere with our websites or networks
9. Intellectual Property
All content on our websites, including text, images, logos, and designs, belongs to Anytime Parts or our licensors. You may view and print pages for personal use only, provided you:
- Don't modify the content
- Include any copyright notices
You need our written permission for any other use. When you send us feedback or suggestions, you agree we can use them freely in our business.
10. Links to Other Websites
Third-Party Websites
We may link to external websites for your convenience. We don't control or endorse these sites and aren't responsible for their content or practices. Review their terms and privacy policies before using them.
Other Anytime Parts Websites
Links to other Anytime Parts websites are provided for convenience. Each site may have its own terms that you should review.
11. Website Availability
While we strive to keep our websites available and secure, they're provided "as is." We don't guarantee uninterrupted access or that they'll be error-free. Our websites aren't a storage service, and we're not obligated to maintain copies of user content except as required by law.
12. Disclaimer
The information on our websites is general in nature and shouldn't replace professional advice tailored to your specific circumstances. While we aim for accuracy, we don't guarantee that all information is current, complete, or suitable for your particular needs. You're responsible for assessing the relevance and accuracy of any information you rely on.
13. Limitation of Liability
General Limitations
Subject to Australian consumer law, neither party is liable for losses resulting from:
- Website viruses or malicious software
- Service interruptions or failures
- Communication errors or delays
Consumer Rights
Nothing in these terms excludes your rights under Australian consumer law that can't be excluded by agreement ("Non-excludable Rights").
Maximum Liability
Except for Non-excludable Rights, our maximum liability to you is limited to $1,000. We're not liable for indirect, consequential, or special damages including lost profits or opportunities.
For breaches of Non-excludable Rights, our liability is limited to:
- Replacement or refund for major failures
- Repair or replacement for minor failures
Your Indemnity
You agree to compensate us for any losses we suffer due to your breach of these terms. Your liability is reduced to the extent we contributed to the loss.
14. Account Suspension and Termination
Your Right to Cancel
You can cancel your account anytime by contacting us. Trade account cancellations are subject to separate trading terms.
Our Right to Suspend or Terminate
We may suspend or terminate your account immediately if you:
- Breach these terms
- Provide false information
- Act in ways detrimental to our business
We'll retain your data according to our Privacy Policy and may delete account information after 30 days of cancellation.
15. General Provisions
Entire Agreement: These terms, along with any additional terms on our websites, constitute the complete agreement between us.
Force Majeure: Neither party is liable for delays or failures due to circumstances beyond reasonable control.
Rights Cumulative: The rights and remedies in these terms are in addition to those provided by law.
Waiver: We don't waive any rights unless we do so explicitly in writing.
Severability: If any part of these terms is invalid, the rest remains in full effect.
Governing Law: These terms are governed by Western Australian law. You submit to the jurisdiction of Australian courts.
16. Contact Us
For questions about these Website Terms or our websites, please contact:
Anytime Parts Limited
Phone: +61 415 222 247
Email: support@anytimeparts.com.au
Address: 17 Malcolm Road, Maddington, WA 6109
Part 2: Trading Terms and Conditions
Consumer Rights Notice
If you're purchasing as a consumer (not for business purposes), Australian Consumer Law provides automatic guarantees including that goods will be:
- Of acceptable quality
- Fit for their intended purpose
- Match their description
- Have spare parts reasonably available
Services must be provided with due care and skill within a reasonable time. These rights cannot be excluded and these Trading Terms don't override them.
You're a consumer if you buy:
- Goods or services under $100,000
- Goods or services over $100,000 for personal/household use
- Vehicles or trailers primarily for transporting goods on public roads
You're not a consumer if you're buying goods for resale or transformation into products for sale.
1. Definitions
In these Trading Terms:
Account Application Form means our account application incorporating these terms
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010
Buyer means you, including any related entity that places orders
Consumer has the meaning in Australian Consumer Law
Delivery Date means when goods are delivered or services provided
Estimate means our preliminary assessment and non-binding price indication
Goods means products we supply under these terms
Order means your request for goods or services
Purchase Price means the total amount payable including tax
Quote means our formal price quote for services
Services means services we provide under these terms
Specifications means the agreed product or service details
Supplier means the Anytime Parts entity supplying to you
2. Forming a Contract
A binding contract exists when you:
- Sign these terms
- Place an order
- Accept our estimate or quote
- Otherwise authorize us to supply goods or services
The contract includes these terms, your order, and any other agreed terms in that order of priority. Your purchase order terms don't apply - these terms govern all supplies.
3. Orders, Estimates, and Quotes
Order Acceptance
Orders must be accepted in writing by our authorized representative to be binding. Each accepted order incorporates these terms.
Your Responsibilities
You must:
- Verify order accuracy including specifications
- Confirm estimates or quotes are acceptable before proceeding
Changes to Specifications
We may change specifications to:
- Meet safety or legal requirements
- Make minor improvements that don't affect quality
We'll notify you of changes where possible. If you disagree, you can cancel subject to paying our costs incurred.
Intellectual Property Indemnity
If we apply processes according to your specifications, you indemnify us against any intellectual property infringement claims.
4. Pricing and Payment
Deposits
For special orders requiring upfront purchases, we may require a deposit up to 10% of the purchase price. Deposits are non-refundable except where:
- You have consumer law refund rights
- You cancel due to our breach
Payment Terms
Unless otherwise agreed, payment is due:
- On delivery, or
- Within 30 days of month-end following delivery
Credit Terms
We may withdraw credit approval at any time with reasonable notice if accounts are overdue. If we have concerns about payment, we may require:
- Payment before delivery
- Adequate payment assurance
Price Adjustments
We may increase prices with reasonable notice for:
- Factors beyond our control
- Customer-requested changes
- Delays caused by you
You can cancel if you disagree, subject to paying our costs incurred.
5. Cancellations and Deferrals
Once we accept your order (or you accept our quote), you're bound by it. If we've ordered items specifically for you and you cancel or defer, you must pay our reasonable costs incurred.
We'll minimize further costs after cancellation and invoice you for costs incurred, payable within 7 days.
6. Delivery
Delivery costs to your premises are included in the purchase price unless otherwise agreed.
7. Title and Risk
Title Transfer
We retain ownership of goods until you've paid in full. Until then:
- You hold goods as our bailee
- You must store them separately and identifiably
- You can sell them in ordinary business but must account to us
Risk Transfer
Risk of loss or damage passes to you on delivery.
8. Acceptance of Goods
Unless you're a consumer, you must inspect goods and report defects within 7 days of delivery. Otherwise, goods are deemed accepted as merchantable quality and matching specifications.
This doesn't limit consumer rights under Australian Consumer Law.
9. Force Majeure
Neither party is liable for delays or failures due to causes beyond reasonable control, such as natural disasters, industrial action, or government actions.
10. Liability Limitations
Consumer Protections
We don't exclude consumer guarantees or other rights that can't be excluded by law ("Non-excludable Consumer Obligations").
General Exclusions
Except for Non-excludable Consumer Obligations, we exclude all implied conditions, warranties, and guarantees. We're not liable for:
- Losses not caused by us
- Indirect or consequential losses
- Economic loss, lost profits, or lost opportunities
Limited Liability for Consumers
For Non-excludable Consumer Obligations (except title guarantees), our liability is limited to:
- For services: resupplying or paying for resupply
- For goods: replacement, repair, or paying for replacement/repair
This doesn't apply to goods ordinarily acquired for personal use.
11. Termination
Our Right to Terminate
We may terminate immediately if you:
- Materially breach these terms (with 30 days to remedy)
- Stop trading
- Become insolvent or have administrators/receivers appointed
Upon termination, all amounts become immediately due and we may:
- Suspend further supply
- Cancel discounts
- Recover goods we still own
- Set off amounts owed
Your Right to Terminate
You may terminate for our material breach if not remedied within 30 days of notice.
Effect of Termination
Termination doesn't affect accrued rights or remedies.
12. Late Payment
If you don't pay on time:
- Interest accrues at the statutory penalty rate
- You pay our reasonable recovery costs
- We may apply other payments to overdue amounts
- We have a security interest over your property in our possession
13. Intellectual Property
All intellectual property in our goods and services remains ours. You must not:
- Infringe our intellectual property rights
- Share our confidential drawings or specifications
- Use our materials except as authorized
14. GST and Taxes
All prices exclude GST unless stated otherwise. If GST applies, you pay it with the purchase price. Reimbursements are adjusted for input tax credits.
15. Privacy
Both parties must comply with Australian privacy laws. You consent to us using your information for credit checks and PPSA registrations.
16. Personal Property Securities
Security Interest
These terms create a security interest in goods and proceeds until you've paid in full.
Your Obligations
You must:
- Help us perfect our security interest
- Allow us to register financing statements
- Not create other security interests (except all-asset bank security)
- Notify us of detail changes
PPSA Provisions
You waive notice rights and certain PPSA provisions don't apply as permitted by law. We may enter premises to recover goods if necessary.
17. General Provisions
Subcontracting: We may subcontract supply or delivery
Waiver: Must be in writing to be effective
Severability: Invalid provisions are severed; others remain
Assignment: Requires written consent
Governing Law: Western Australian law applies
