By placing an order and selecting the tick box to accept these terms and conditions (“Terms”), you acknowledge and accept that Bates Motorsport Pty Ltd [ABN: 64 187 474 607] supplies the GR Track Use Parts (“Parts”) to you subject to these Terms:
1. All orders are subject to acceptance and availability. Bates Motorsport may refuse or cancel orders at its discretion.
2. You are responsible for confirming suitability of the Parts with your vehicle prior to ordering.
3. Only available for purchase by customers with a compatible GR vehicle. Bates Motorsport reserves the right to verify vehicle ownership before confirming an order.
4. Bates Motorsport recommends that the Parts should only be fitted by a qualified mechanic.
5. Subject to clause 4 of these Terms, you are responsible for the care, fitment and maintenance of the Parts, in accordance with the fitment manual and any other instructions provided by Bates Motorsport from time to time. You further agree that the use and fitment of the Parts is at your sole risk.
6. To the extent permitted by law, you acknowledge that the following limitations and exclusions apply in connection with the Parts:
a. In these Terms, “Track Use” means the operation of a vehicle or use of a vehicle part fitted to a vehicle within a closed-circuit and/or controlled environment (such as a racetrack or competition facility), and not on any public road, road-related area, or
road-regulated environment.
b. The Parts are engineered for Track Use purposes only and are not suitable for use on any public road, road related area, or road regulated environment.
c. The Parts must only be fitted to compatible vehicles (as notified by Bates Motorsport from time to time) exclusively used or will be exclusively used (after fitment of the Parts) for Track Use purposes.
d. The fitment of Parts may affect the Australian Design Rules (“ADRs”) certification applicable to the vehicle to which the Part is fitted to and may consequently affect the vehicle’s eligibility for motor vehicle registration in the relevant State or Territory.
e. No express warranties are provided in respect of the Parts. For the avoidance of doubt, any failures in the Parts, or failures caused by the fitment (including improper fitment and/or maintenance or lack of maintenance) of the Parts, are expressly excluded from the manufacturer’s warranties provided under the Toyota Warranty Advantage as set out in toyota.com.au/owners/warranty.
f. Bates Motorsport makes no representation or warranties regarding:
i. the applicability or suitability of the Parts to your applicable motor vehicle insurance coverage; and/or
ii. the availability of repair facilities or spare parts for the Parts;
g. Bates Motorsport excludes liability to you for or in respect of any loss or damage caused by or otherwise arising from or incidental to:
i. the incorrect or improper fitment, repair, or tampering of a Part;
ii. accidental damage;
iii. normal wear and tear;
iv. environmental damage;
v. neglect or improper use of a Part and/or the vehicle to which the Part is fitted to; and
vi. failure that Bates Motorsport reasonably considers results from failure to operate, maintain and care for the Part properly, in accordance with the fitment manual provided with the Parts.
7. Nothing in these Terms excludes, restricts or modifies any rights or remedies available to consumers under Australian Consumer Law as outlined in Schedule 2 (Australian Consumer Law) of the Competition and Consumer Act 2010 (Cth).