We are Metro Roadside Assist & Battery
Our website address is www.metrobattery.com.au
1. Introduction
The Website Owner, including subsidiaries and affiliates (“Website” or “Website Owner” or “we” or “us” or “our”) provides the information contained on this website or any of the pages comprising the website (“website”) to visitors (“visitors”) (cumulatively referred to as “you” or “your” hereinafter) subject to the terms and conditions set out in these website terms and conditions, the privacy policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of this website.
2. Information on the Website
Whilst every effort is made to update the information contained on this website, neither the Website Owner nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any share price information, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) (“information”) and shall not be bound in any manner by any information contained on the website. the Website Owner reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website at your own risk. If you find an error or omission at this site, please let us know.
3. Trade Marks
The trade marks, names, logos and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of the Website Owner. Nothing contained on this website should be construed as granting any licence or right to use any trade mark without the prior written permission of the Website Owner.
4. External Link
External links may be provided for your convenience, but they are beyond the control of the Website Owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of the Website Owner. Please contact us if you would like to link to this website or would like to request a link to your website.
5. Public Forums and User Submissions
The Website Owner is not responsible for any material submitted to the public areas by you (which include bulletin boards, hosted pages, chat rooms, or any other public area found on the website. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by the Website Owner. The Website Owner reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to –
5.1 defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;
5.2 publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;
5.3 post or upload files that contain viruses, corrupted files or any other similar software or programmes that may damage the operation of the Website Owner’s and/or a third party’s computer system and/or network;
5.4 violate any copyright, trade mark, other applicable Australian, New Zealand or international laws or intellectual property rights of the Website Owner or any other third party;
5.5 submit contents containing marketing or promotional material which is intended to solicit business.
6. Specific Use
You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify the Website Owner against any loss, liability, damage or expense of whatever nature which the Website Owner or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.
7. Warranties
The Website Owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, your or your company’s personal information or material and information transmitted over our system.
8. Disclaimer of Liability
The Website Owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company’s personal information or material and information transmitted over our system. In particular, neither the Website Owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
9. Use of the Website
The Website Owner does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction (other than Australia or New Zealand). By accessing the website, you warrant and represent to the Website Owner that you are legally entitled to do so and to make use of information made available via the website.
10. General
10.1 Entire Agreement.
These website terms and conditions constitute the sole record of the agreement between you and the Website Owner in relation to your use of the website. Neither you nor the Website Owner shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the Website Owner in respect of your use of the website.
10.2 Alteration
The Website Owner may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the “current version”) and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.
10.3 Conflict.
Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
10.4 Waiver.
No indulgence or extension of time which either you or the Website Owner may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
10.5 Cession.
The Website Owner shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.
10.6 Severability.
All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
10.7 Applicable laws.
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Australia without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the High Court of Australia in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.
10.8 Comments or Questions.
If you have any questions, comments or concerns arising from the website, the privacy policy or any other relevant terms and conditions, policies and notices or the way in which we are handling your personal information please contact us.
TERMS AND CONDITIONS POLICY ONLINE PURCHASES
At Metro Batteries we want our customers to be completely satisfied with their online purchases.
We therefore recommend that you read these conditions fully prior to you making a purchase from our online store, so you are familiar with our policy on refunds, returns and repairs and your rights under the applicable consumer laws.
[Please note that by ordering any of our Goods, you agree to be bound by these Conditions and the other documents expressly referred to in it and before placing an Order you will be asked to agree to these Conditions.]
We also recommend you immediately inspect any Goods that we deliver to you, to ensure you are completely satisfied with the Goods, including that the Goods are of acceptable quality and match the description we have provided to you.
If you have any questions about these Conditions, please contact our Customer Centre Team by calling 1300 627 742 in Australia or 0800 465 537 in New Zealand.
INTERPRETATION IN THESE CONDITIONS:
Agreement is an agreement between you and Metro Batteries to supply Goods, and consists of your Order and these Conditions;
Conditions are this Terms and Conditions Policy, as updated by Metro Batteries from time to time in accordance with Section 10;
Delivery Address is the address to which the Goods will be delivered, as stated in the Order;
Delivery Fee is the fee payable to Metro Batteries in respect of the delivery of the Goods and the handling costs associated with processing your Order, [as advised by Metro Batteries from time to time];
Goods are goods described in an Order, and includes packaging materials;
Intellectual Property Rights includes all rights in respect of copyright, trademarks, patents, designs, protection of confidential information and circuit layouts, whether arising under statute or otherwise;
Metro Batteries or us means Metro Power Australia Pty Ltd trading as Metro Batteries, whose place of business is at 1-5 Winterton Road, Clayton VIC 3168, P.O Box 347, Mt Waverley VIC 3149 and who can be contacted via the Customer Care Centre on 1300 627 742 in Australia and 0800 465 537 in New Zealand;
Metro Batteries Websites means www.Metrobatteries.com.au and www.Metrobatteries.co.nz;
Order is an order by you to purchase Goods from a Metro Batteries Website;
Product List is the list of goods available for purchase on the Metro Batteries Websites, as amended from time to time;
Roadside Delivery and Fitment is the service Metro Batteries provides were it attends a location and delivers and installs Goods into your vehicle.
THE AGREEMENT
- CUSTOMER APPLICATION
Application to be completed: You may be required to complete a customer application before placing an online Order for Goods with Metro Batteries. You warrant that all information and data provided by you in the customer application is accurate, complete and up to date. You must promptly inform Metro Batteries if there is a change to this information or data.
Set up costs: You are responsible for any costs associated with accessing the Metro Batteries Website and placing an Order for Goods online with Metro Batteries, including any Internet provider fees.
Delivery area: If you would like Metro Batteries to deliver the Goods you have ordered, the Delivery Address which you nominate in your Order must be within a suburb where Metro Batteries provides a delivery service (Delivery Area). Please ensure that your delivery address and suburb are correct when placing your Order. Orders for delivery to addresses in suburbs that are not in the Metro Batteries Delivery Area will not be processed.
Metro Batteries will make reasonable attempts to advise you if the Delivery Address which you nominate is not or ceases to be in a Delivery Area. Metro Batteries will not be obliged to continue to deliver Goods to you if you change your Delivery Address and the new Delivery Address which you nominate is not within a Delivery Area.
Order Cut Off Time: Metro Batteries Websites will only accept online orders between the hours of 7am to 5pm EST Monday to Sunday in Australia and 8am to 5pm in New Zealand. Orders required outside of these hours must be phoned through to the Metro Batteries Customer Centre on 1300 627 742 in Australia and 0800 465 537 in New Zealand.
- ORDERS, DELIVERY AND COLLECTION OF GOODS
Orders: You must place an online Order with Metro Batteries by selecting your chosen Goods and pressing the “Submit Order” button. Orders are deemed to be received by Metro Batteries at the time you receive an automated confirmation of receipt from Metro Batteries. Orders are deemed to be accepted by Metro Batteries at the time you receive confirmation of acceptance of the Order from Metro Batteries.
An Agreement exists between you and Metro Batteries once Metro Batteries accepts an Order. Each Order is a separate Agreement between you and Metro Batteries.
Late Cancellation Fee: If you cancel an Order within 30 minutes of the requested delivery time, Metro Batteries may charge you, and you must pay, a late cancellation fee of $27.27 plus GST (Late Cancellation Fee). This amount is a genuine pre-estimate of the loss Metro Batteries will suffer as a result of the cancellation of an Order. Size of Order: Metro Batteries reserves the right to limit the sale of goods to reasonable or normal household quantities.
Delivery: Unless your Order states that you will collect the Goods, Metro Batteries will deliver the Goods to you at the Delivery Address within the time agreed with you. Metro Batteries will use its best endeavours to ensure that all Goods ordered by you (and any agreed substitutes) are supplied to you within the original delivery date and time.
Delivery of the Goods will deemed to be complete at the Front Door of your nominated Delivery Address, or, in respect of Roadside Delivery and Fitment, your vehicle. If you request Metro Batteries to deliver the Goods beyond your Front Door, you agree to continually indemnify and hold harmless Metro Batteries (including its officers, employees, contractors and agents) from any Loss suffered or incurred by Metro Batteries in connection with the delivery of the Goods beyond your Front Door. For the purpose of this section, Front Door means the front door or a point beyond which entry into the interior of a building occurs and Loss means any loss including any liability, cost, expense, claim, proceeding, action, demand or damage.
Authorised receipt of Goods: Anyone at the Delivery Address (or upon collection) who receives or collects the Goods shall be presumed by Metro Batteries to be authorised to receive or collect the Goods. Metro Batteries may request the person who receives the Goods at the Delivery Address or collects the Goods to provide satisfactory identification.
Additional fees: If required by Metro Batteries, you must pay to Metro Batteries any additional Delivery Fee, technical fitment fee, after-hours fee or such other fee as may be specified by Metro Batteries in respect of each Order upon delivery of the Goods requested (Additional Fees).
- RISK AND TITLE IN THE GOODS
Risk and title in the Goods passes to you upon delivery of the Goods to the Delivery Address or selected collection point.
- RETURNS, CREDITS, AND REFUNDS
We want you to be totally satisfied with all Goods purchased online from Metro Batteries, so please choose carefully as refunds are not provided where you have simply changed your mind, made a wrong selection or simply found the goods cheaper elsewhere. We recommend you carefully preview any Orders before adding them to your shopping cart and proceeding with your Order.
Making a claim: If you wish to make a claim for a replacement product, refund or credit in respect of Goods purchased online because:
- you believe that an item, which was ordered by you and which was in stock, has not been provided; or
- you are not satisfied with the quality of the Goods you have purchased,
you must call Metro Batteries Customer Care Centre on 1300 627 742 in Australia and 0800 465 537 in New Zealand. A Metro Batteries Customer Care Centre representative will assess your claim for a replacement product, credit or refund of the purchase price. Metro Batteries reserves the right to inspect the Goods before making the assessment. This is in addition to and does not limit or replace your rights under any applicable consumer or other laws.
GOODS RETURNED FOR REPAIR OR DAMAGED IN TRANSIT
If any Goods arrive damaged, please contact the Metro Batteries Customer Care Centre on 1300 627 742 in Australia and 0800 465 537 in New Zealand and report the issue as soon as possible. Metro Batteries will arrange for a replacement of the Goods or refund the price to you. This is in addition to and does not limit or replace your rights under any applicable consumer or other laws.
Damaged Goods must be reported to Metro Batteries within 14 days of receipt and returned to Metro Batteries in the condition received by you with all original packaging, accessories and/or manuals within a further 14 days. The Goods will be inspected and assessed and/or repaired within a reasonable time by Metro Batteries. You may be provided with an indicative repair time, which time may vary due to reasons beyond ours or the repairer’s reasonable control, such as part availability or incorrect fault description.
You must bear any expense you may incur in making a claim under this section. This does not affect your rights under the Australian Consumer Law. You may also be required to pay labour, assessment and/or freight fees connected with the repair, replacement and return of defective Goods to you, such as where Goods are assessed to have been damaged by misuse or accident, or where your rights under the Australian Consumer Law (or equivalent legislation) or any manufacturer’s warranty do not apply. We may provide you with an indicative fee for such labour, assessment or freight costs, which fee may vary due to reasons beyond our control.
If any Goods that you return are used to assist in the storage of data, such as radio PIN codes or engine management data, the replacement or repair of the Goods may result in loss of the data. We will not be responsible for any data loss in these circumstances.
If any Goods cannot be easily returned to Metro Batteries, a Metro Batteries store or authorised reseller due to their size, the fault or because they have been affixed or installed in your premises or vehicle, please contact our Metro Customer Care Centre on 1300 627 742 in Australia and 0800 465 537 in New Zealand and we will arrange an inspection to assess the Goods. You may be required to pay labour, assessment and/or freight fees in respect of this inspection.
Refunds will be made by Metro Batteries via the method of payment you used to make your online purchase. Refunds will normally be processed within seven (7) working days. For Goods purchased from the Metro Batteries Website, all refunds will be issued by the Metro Batteries Customer Care Centre and cannot be made by any service provider, 3rd party freight provider, authorized reseller or associated agent or contractor of Metro Batteries.
GUARANTEES UNDER AUSTRALIAN CONSUMER LAW
Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage (including but not limited to expenses you may incur in making a claim under the guarantees). You are also entitled to have the Goods repaired and replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure.
- PRICE OF GOODS AND PAYMENT
Purchase price: The purchase price of the Goods shown on the online Product List at the time you make your Order is the price which is applicable for your Order and will be shown on the Order confirmation, except:
- if a Good is out of stock;
- if you have given instructions that you will accept a substitute Good, in which case the substitute Good will be charged at the lower of the original or the substitute price at the time the substitute Good is processed and scanned for your Order;
- if you modify your Order, in which case the prices applicable on all Goods will update to the then current prices in the Product List; or
- if during authorized fitment of the Goods, the specification of a product required varies significantly from that originally ordered.
The purchase prices on the Product List will not necessarily correspond to the prices in your local Metro Batteries store or authorised reseller stores.
Delivery Fee: You must pay the Delivery Fee in respect of each Order which is determined by the Delivery Address and product type. You will be advised of the Delivery Fee prior to making your Order.
Additional Fees: If charged by Metro Batteries in accordance with clause 4 of these Conditions, you must pay any Late Cancellation Fees following cancellation of an Order or Additional Fees upon completion of the delivery.
Catalogue specials: Not all Metro Batteries catalogue specials are available at the Metro Batteries Websites. If a catalogue is published for specific stores or authorized resellers, the specials in that catalogue are not available at the Metro Batteries Websites. Other Metro Batteries promotional lines may be available at the Metro Batteries Websites from time to time.
Tax invoice: Upon delivery or collection of the Goods, Metro Batteries will provide you with a tax invoice specifying the total price for the Goods, including credits/debits applied, the Delivery Fee and any Additional Fees.
Method of payment: At the time you place an Order, you will be required to make an online payment by credit or debit card (MasterCard®, Visa), unless otherwise agreed with Metro Batteries.
In order to receive the Goods you have ordered, payment must be received by the selected payment method in full prior to delivery. Metro Batteries will process your payment using your credit/debit card as we prepare the Order for delivery, which in most cases will be the day of delivery but may be the day prior to delivery. If your credit card is declined by your financial institution, Metro Batteries will not be able to guarantee delivery on the date or in the delivery window you selected and may contact you to make alternative delivery and payment arrangements. If you are not at the Delivery Address or organise a re-delivery, the payment will be processed on the original date of the Order. If the Order is cancelled or refunded, the credit will be processed within 7 working days or sooner. Metro Batteries may decline to accept payment from you by debit or credit card for any reason, and is not required to give reasons. If Metro Batteries declines to accept payment from you by debit or credit card, your Order will not be processed and you will not be contacted. If you agree to make payment by another method that is acceptable to Metro Batteries, Metro Batteries may process the Order or any further Orders you may make.
In cases where Additional Fees may be payable, payment can be accepted by either mobile EFTPOS* (not available in all locations) or credit card (MasterCard®, Visa) at the time of delivery (or upon collection). Where a cancelled Order attracts a Late Cancellation Fee, Metro Batteries may deduct payment of the fee from any credit balance it holds on your behalf.
- OUT OF STOCKS AND SUBSTITUTION
Metro Batteries will not provide rain checks in respect of Goods ordered by you. Before finalising your Order, you will be invited by Metro Batteries to select a product substitution in respect of Goods which are out of stock. Substitute items are charged at the lower of the original or the substitute price.
- PACKAGING AND LABELLING OF GOODS
Metro Batteries will use reasonable endeavours to include up-to-date pictures of the Goods in the Product List. At times, the picture of the Goods on the Product List may differ from the Goods actually supplied to you. Metro Batteries does not warrant the accuracy of the information contained in the Product List and recommends that you read the labels on Goods carefully before accepting or operating the Goods.
- INTELLECTUAL PROPERTY RIGHTS
You acknowledge that Metro Batteries or its related corporations own or are licensed to use all Intellectual Property Rights in the Metro Batteries Websites and the Goods, including any images, photographs or text which appears on the Metro Batteries Websites. You must not make any representation to the contrary and you must not use or copy any Metro Batteries Intellectual Property Rights in any manner which is inconsistent with the rights of the owner or licensee of such Intellectual Property Rights. You acknowledge that any trademarks or logos which appear on the Metro Batteries Websites are owned by or licensed to Metro Batteries or its related corporations, and that you must not do anything to prejudice the rights of the trademark owner or licensee to such trademarks or logos.
- LIABILITY
Metro Batteries will use reasonable care and skill in providing the Metro Batteries Website for your use.
To the extent permitted by law, you release and discharge Metro Batteries and its related corporations from all forms of direct, special, indirect or consequential loss or damage, including loss of profits, loss of data, loss of management time, opportunity costs or failure to realise anticipated savings arising out of or in connection with the Metro Batteries Website (including the installation, downloading, use or performance of any software related to the Metro Batteries website).
Any liability of Metro Batteries arising out of or in connection with a breach of an express or implied warranty or condition in respect of Goods or services supplied to you through use of Metro Batteries Website (other than a condition, warranty or consumer guarantee implied or imposed by legislation which does not permit Metro Batteries liability to be limited as stated in this clause 9) will, at the election of Metro Batteries, be limited to:
- if the warranty or condition relates to Goods, the replacement of the Goods or the supply of equivalent Goods; and
- if the warranty or condition relates to services, the supplying of the services again or the payment of the cost of having the services supplied again provided that it is fair and reasonable to do so.
- NOTIFICATION OF CHANGES
Metro Batteries may add to, delete, or otherwise change any of the terms of these Conditions. Your use of a Metro Batteries Website will constitute your deemed acceptance of such changes.
Each time you wish to Order Goods from a Metro Batteries Website, we recommend that you check these Conditions to ensure you understand the terms which will apply to your Order.
- SEVERABILITY
Each provision of an Agreement (including these Conditions) is severable. Severance does not affect any other provision.
- LAWS
The applicable laws of Victoria, Australia (if you are located in Australia) or New Zealand (if you are located in New Zealand) govern each Agreement (including these Conditions).