1. Interpretation
In these Terms and Conditions, unless the context otherwise requires:

AVESCO means the Australian Vee Eight Supercar Company Pty Ltd (ACN 077 053 464).

Consideration has the meaning given by the GST Law.

Customer means the person or company named in the Invoice and in the case of an individual, his or her executors, administrators and assigns and in the case of a company its successors and assigns.

Contract for Sale means the contract arising from the acceptance by V8 Supercars Australia of the Customer's Order.

GST has the meaning given by the GST Law.

GST Group has the meaning given by the GST Law.

GST Law has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth), or, if that Act does not exist means any Act imposing or relating to the imposition or administration of a goods and services tax in Australia and any regulation made under that Act.

Input Tax Credit has the meaning given by the GST Law and a reference to an Input Tax Credit entitlement of a party includes an Input Tax Credit for an acquisition made by that party but to which another member of the same GST Group is entitled under the GST Law.

Insolvency Event means any one of the following events.

(i) Except for the purposes of a solvent reconstruction or amalgamation previously approved by the Supplier in writing:

(A) an application or an order is made, proceedings are commenced, a resolution is passed or proposed in a notice of meeting or an application to a court or other steps are taken for the winding up, dissolution, official management or administration of the Customer; or

(B) the Customer enters into any arrangement, compromise or composition with or assignment for the benefit of its creditors or any class of them.

(ii) The Customer ceases, suspends or threatens to cease or suspend the conduct of its business or disposes of or threatens to dispose of its assets other than in the ordinary course of its business.

(iii) The Customer is, or is deemed under any applicable legislation to be, unable to pay its debts when they fall due (other than as a result of the failure to pay a debt or a claim the subject of a good faith dispute) or stops or suspends or threatens to stop or suspend the payment of all or any class of its debts.

(iv) A receiver, a receiver and manager, administrative receiver or similar officer is appointed to the Customer or any part of its property or a distress, attachment or other form of execution is levied or enforced.

(v) (In the case of a Customer who is a natural person) the Customer commits an act of bankruptcy.

Invoice means the sales invoice generated from the acceptance by V8 Supercars Australia of the Customer's Order.

Order means an order for goods submitted by the Customer through V8 Supercars Australia's website in accordance with the procedures and containing the information (whether such information is accurate or not) specified on V8 Supercars Australia's website as being necessary to place such an order.

Taxable Supply has the meaning given by the GST Law excluding the reference to section 84-5 of the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Trade Practices Act means the Trade Practices Act 1974 (Cth).

2. Contract for Sale

2.1 These Terms and Conditions and any other terms and conditions incorporated by reference into these Terms and Conditions apply to all goods provided by V8 Supercars Australia to the Customer and form the sole agreement between V8 Supercars Australia and the Customer. To the extent permitted by law:

(a) any terms and conditions contained in previous offers or Orders; and

(b) any statements, representations or conduct made or done prior to entering into these Terms and Conditions

are excluded from these Terms and Conditions.

2.2 Any special conditions in an Invoice shall override these Terms and Conditions to the extent of any inconsistency.

2.3 V8 Supercars Australia may amend these Terms and Conditions at any time in respect of offers from V8 Supercars Australia accepted by the Customer after the time of notification.

2.4 The Customer agrees to these Terms and Conditions by placing an Order.

3. Placing and Accepting Orders

3.1 The depiction of goods on this website, whether visual or textual, is not to be construed as an obligation to sell but merely an invitation to consider purchasing and no binding contract shall arise until V8 Supercars Australia notifies the Customer that the Order is accepted by providing an Invoice to the Customer.

3.2 Without limitation to the above clause, no acceptance of the Order or confirmation of V8 Supercars Australia's offer to sell shall be taken to arise from:

(a) a notice generated by this website acknowledging that the Customer's Order has been received by V8 Supercars Australia for processing; or

(b) a notice sent by V8 Supercars Australia to the Customer, by whatever means, to confirm the Order and verify the identity or other details relating to the Customer.

3.3 V8 Supercars Australia reserves the right to accept or decline the Customer's Order at any time and for any reason, or to require the Customer to provide additional verification or information associated with the Order.

4. Delivery of Goods

4.1 It is the Customer's obligation to enter the correct delivery address details at the time of ordering. Should the Customer enter the wrong address, V8 Supercars Australia are not obliged to re-send the goods to the correct address at V8 Supercars Australia's expense.

4.2 V8 Supercars Australia will provide the Customer with an estimated date for delivery of all parcels. While V8 Supercars Australia make every effort to deliver by this time, all dates specified are estimates only. V8 Supercars Australia have aligned themselves with courier partners who V8 Supercars Australia believes will always do their best to deliver gifts by the estimated delivery date.

4.3 It is the responsibility of the Customer to inform V8 Supercars Australia if an order does not arrive. Once V8 Supercars Australia learns that an order has not arrived by the due date, it will lodge enquiries with the courier to ensure delivery occurs as soon as possible.

4.4 If an item has been lost in transit, V8 Supercars Australia will not despatch a replacement item immediately. Replacement items will be despatched according to V8 Supercars Australia's discretion.

4.5 As a guide only, V8 Supercars Australia's couriers attempt to deliver to business addresses between 9am and 5pm, and to home addresses up until 6pm. Unfortunately, V8 Supercars Australia are unable give a guaranteed time of delivery. The Customer may select the "Recipient to sign for delivery" option when placing an order with us. By doing so, the Customer agrees that V8 Supercars Australia have satisfied the condition where a signature has been received from the recipient, appropriate agent or proxy recipient of the order (chosen at the courier partner's discretion). This includes, but is not limited to, a hotel or office receptionist signing on receipt of delivery at the specified address. The Customer agrees that in doing so V8 Supercars Australia have delivered the order within the terms of the agreement between the Customer and V8 Supercars Australia.

4.6 V8 Supercars Australia reserves the right to make part deliveries of any Order and each part delivery shall constitute a separate contract for the sale of goods. Failure to make a delivery of the total Order shall not invalidate the contract as regards other deliveries. Where V8 Supercars Australia makes part delivery, V8 Supercars Australia:

(i) may Invoice the Customer for the goods delivered on each separate delivery; and

(ii) is not obliged to make further delivery until any monies outstanding have been paid.

4.7 Without limiting the operation of any other Terms and Conditions herein, V8 Supercars Australia is not responsible for any loss or damage caused by late delivery of a product.

4.8 Without limiting the operation of any other Terms and Conditions herein, the Customer agrees that late delivery does not constitute a breach of the Contract of Sale, and does not entitle the Customer to cancellation of an Order.

5. Payment

5.1 V8 Supercars Australia will Invoice the Customer for the goods sold to it. The Customer must pay all Invoices (without deduction) by credit card.

5.2 Orders will not be despatched until payment in full has been received and V8 Supercars Australia is satisfied with the accuracy of the information provided in the Order.

5.3 All prices are quoted in Australian dollars.

6. Product Information and Pricing

6.1 The Customer must pay V8 Supercars Australia for the goods that it orders at the current prices (including delivery costs) as advertised by V8 Supercars Australia on the website from time to time. Prices of goods and services and delivery and other charges displayed on the website is current at the time of display. These prices are subject to variation without notice.

6.2 If an Order has not been delivered to the Customer before a price increase - for example where new stock has to be ordered by V8 Supercars Australia to meet the Order - the goods which comprise the Order will be supplied at the new price for those goods.

7. GST

7.1 If GST is payable on a Taxable Supply made under, by reference to or in connection with an Order, the party providing the Consideration for that Taxable Supply must also pay the GST Amount as an additional Consideration. This clause does not apply to the extent that the Consideration for the Taxable Supply is expressly stated to be GST inclusive.

7.2 Any reference in the calculation of Consideration under these Terms and Conditions to a cost, expense or other liability incurred by a party, must exclude the amount of any Input Tax Credit entitlement of that party in relation to the relevant cost, expense or other liability.

7.3 V8 Supercars Australia will always attempt to be as accurate as possible with V8 Supercars Australia's product descriptions and pricing. However, V8 Supercars Australia are unable to warrant that product descriptions or other content of the website is accurate, complete, reliable, current or error free.

8. Passing of Property and Risk

8.1 The risk of loss or damage to the goods shall pass to the Customer at the time the goods first leave V8 Supercars Australia's premises en route to the Customer.

8.2 Title to the goods shall remain with V8 Supercars Australia until all money owing to V8 Supercars Australia by the Customer has been paid in full.

8.3 Until such time that the Customer has paid in full all money owing to V8 Supercars Australia for the goods, the following applies:

(a) the Customer shall store the goods in a manner which identifies them as V8 Supercars Australia's goods;

(b) the Customer shall hold the goods as bailee for V8 Supercars Australia subject to its right to deal with the goods in the ordinary course of the Customer's business; and

(c) the Customer shall indemnify V8 Supercars Australia against any claim arising out of the possession, use or disposal of the goods by the Customer or repossession or attempted repossession by the Customer.

8.4 If:

(a) a payment is not paid in accordance with these Terms and Conditions;

(b) the Customer commits any other breach of these Terms and Conditions;

(c) V8 Supercars Australia receives notice of or reasonably believes that a third person

may attempt to levy execution against the goods; or

(d) an Insolvency Event occurs,

then V8 Supercars Australia may at any time, without notice to the Customer and without prejudice to any other rights which it may have against the Customer:

(i) terminate a Contract of Sale and the bailment referred to in Clause 8.3;

(ii) enter upon any premises owned or occupied by the Customer where V8 Supercars Australia reasonably believes the goods may be stored and repossess the goods without being liable for any damage caused.

9. Alteration or Cancellation of Order

9.1 Orders may not be altered or cancelled without the written consent of V8 Supercars Australia. If V8 Supercars Australia agrees to alter or cancel the Order, the Customer shall pay to V8 Supercars Australia any loss, damage and expense incurred in relation to the cancellation of that Order.

9.2 Subject only to any warranty implied by the Trade Practices Act or regulation which confers a right which cannot be modified or excluded by agreement, V8 Supercars Australia will not accept returned goods unless such return is authorised by V8 Supercars Australia.

10. Dimensions, Performance Data and other Descriptive Details

10.1 Photographs, drawings, illustrations, weights, dimensions and any other specifications or particulars accompanying, associated with or contained in this website describe generally the goods offered but are subject to alteration without notice and V8 Supercars Australia is not bound as to the details or the accuracy thereof.

10.2 Any performance data provided by V8 Supercars Australia is an estimate only and is valid only to the extent to which it is related to and based on information given in writing by the Customer to V8 Supercars Australia prior to entering into a Contract of Sale and on no other information, knowledge, representation, facts or opinion, however given or expressed.

10.3 Notwithstanding that V8 Supercars Australia may assist the Customer to reach a decision with respect to the purchase of the goods the subject of a Contract of Sale (whether by way of representation, statement, information or advice, and whether of a technical nature or otherwise), it is hereby agreed that responsibility for the final decision to purchase shall rest in all respects solely with the Customer.

11. Warranty

To the fullest extent permitted by applicable law, V8 Supercars Australia and its related bodies corporate, any of their directors, officers, employees, contractors, agents, consultants or shareholders (V8 Supercars Australia's Associates) disclaim all representations and warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.

12. Limitation of Liability

12.1 Any liability of V8 Supercars Australia or V8 Supercars Australia's Associates in connection with goods supplied to the Customer will, subject to any liability for breach of conditions or warranties implied by legislation which cannot be excluded and to the maximum extent permitted by law, at the election of V8 Supercars Australia be limited to the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or of obtaining equivalent goods.

12.2 To the maximum extent permitted by law, V8 Supercars Australia is not liable for:

(a) any loss or damage to the goods resulting from any act or omission on the part of the Customer, or the employees, contractors or agents of the Customer; or

(b) any special, consequential, direct or indirect loss or damage incurred by the Customer in connection with the supply of goods pursuant to a Contract for Sale or any act or omission (including negligence) on V8 Supercars Australia's part in relation to its obligations under a Contract for Sale, however caused.

13. Exchanges

13.1 The Customer or the recipient of an order may exchange an item that has been purchased from this website within 30 days of delivery provided the Customer provides proof of purchase and the goods exchanged are:

(a) unused, unopened and in original condition; and

(b) undamaged.

14. Goods Damaged or Faulty on Delivery

14.1 The Customer may return damaged or faulty goods within 14 days of receipt. If a product is later deemed to be faulty, normal warranty conditions for that product apply. It is the recipient's responsibility to incur all costs and to follow warranty instructions as stated on the product warranty card as specified by the manufacturer.

14.2 In the event that the Customer receive a defective or damaged product, V8 Supercars Australia will refund the original product price, delivery, and other fees via the original method of payment. Alternatively, if the Customer request a replacement, V8 Supercars Australia will despatch the Customer's replacement item (subject to availability) once V8 Supercars Australia receive the return, at V8 Supercars Australia's cost.

14.3 Please note that all products that are found to be non-defective will incur the delivery costs of returning the item to V8 Supercars Australia.

15. Release and Indemnity

15.1 The Customer agrees to indemnify and hold V8 Supercars Australia and V8 Supercars Australia's Associates harmless from and against any and all actions, claims, proceedings or demands which may be made against it or them or any of them in respect of any loss, injury, or damage arising out of any breach of these Terms and Conditions by V8 Supercars Australia or any negligent act or omission of V8 Supercars Australia and from and against all damages, costs and expenses incurred in defending or settling any action, claim, proceedings or demand arising from such breach, act or omission.

15.2 The Customer further agrees to indemnify and hold V8 Supercars Australia and V8 Supercars Australia's Associates harmless from any claim made by any third party due to or arising out of the Customer's use of this website, the violation of these Terms and Conditions by the Customer, or the infringement by the Customer, or other users of this website using the Customer's membership account, of any intellectual property or other right of any person or entity.

15.3 Without limiting the generality of the above clauses, V8 Supercars Australia expressly disclaims responsibility for:

(a) any goods that are:

(i) damaged by accident;

(ii) not installed or used by the Customer in accordance with

(A) the manuals accompanying those particular goods;

(B) any additional instructions issued by V8 Supercars Australia; or

(C) any applicable Australian Safety Standards and Guidelines;

(iii) delivered to the address provided by the Customer, where that address proves to be incorrect;

(b) any loss suffered by the Customer as a result of incorrect information having been supplied by the Customer to V8 Supercars Australia in or in connection with an Order.

16. No Waiver

No failure to exercise and no delay in exercising any right, power or remedy under these Terms and Conditions will operate as a waiver. Nor will any single or partial exercise of any right, power or remedy preclude any other or further exercise of that or any other right, power or remedy.

17. Applicable Laws

17.1 The laws in force in Queensland, Australia govern these Terms and Conditions and the Customer irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland and any courts, which may hear appeals from those courts.

17.2 If a provision of these Terms and Conditions or a right or remedy of a party under these Terms and Conditions is invalid or unenforceable in a particular jurisdiction:

(a) it is read down or severed in that jurisdiction only to the extent of the invalidity or unenforceability; and

(b) it does not affect the validity or enforceability of that provision in another jurisdiction or the remaining provisions in any jurisdiction.

17.3 This clause is not limited by any other provision of these Terms and Conditions in relation to severability, invalidity or enforceability.

18. Contact details

V8 Supercars Australia

Level 1, 64 Marine Parade
Southport Qld 4215, Gold Coast, Australia
Telephone: 61 07 5526 3564   Facsimile: 61 07 5526 3461  Email: ab@v8supercars.com.au