Terms of service
Terms of Service
These Terms of Service apply to your use of www.excelgarage.com.au and to purchases, enquiries and services provided by Excel Garage Pty Ltd trading as Excel Garage.
By using this website or placing an order with Excel Garage, you agree to these Terms of Service.
Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot legally be excluded under the Australian Consumer Law or any other applicable law.
Where there is any inconsistency between these Terms and a right provided to you by law that cannot be excluded, the applicable law will prevail.
Product information
Excel Garage makes reasonable efforts to ensure product descriptions, photographs, pricing, availability and fitment information are accurate.
Motorsport vehicles are frequently modified and individual vehicle specifications can vary. Previous repairs, modifications, production variations and non-standard components may affect product fitment.
If you are unsure whether a product is suitable for your vehicle or application, please contact Excel Garage before ordering.
Product images may sometimes be representative. Minor changes to appearance, branding, packaging or manufacturing may occur without changing the intended function of the product.
Motorsport and competition products
Many products sold by Excel Garage are intended for motorsport, competition, track or off-road use.
It is the customer's responsibility to confirm that a product is permitted under the rules and regulations applicable to their particular category, event, sanctioning body and vehicle.
Motorsport regulations and technical rules can change.
Unless expressly confirmed by Excel Garage in writing, a product listing should not be considered a guarantee that a product will remain compliant with any particular motorsport category or regulation.
Installation, machining and setup
Some products supplied by Excel Garage require professional installation, machining, fabrication, setup or adjustment.
Where specialist installation or machining is required or recommended, it is the customer's responsibility to ensure the work is carried out by a suitably competent person.
Incorrect installation, machining or use may result in component failure or vehicle damage.
Technical information supplied by Excel Garage is general in nature unless it forms part of a specific workshop, engineering or professional service.
Orders
Submitting an order does not automatically require Excel Garage to accept that order.
Excel Garage may refuse or cancel an order prior to dispatch where, for example, a product is unavailable, an obvious pricing or listing error has occurred, payment cannot be verified, freight cannot reasonably be arranged or fraudulent or improper activity is suspected.
If Excel Garage cancels an order after receiving payment and no goods or services have been supplied, the applicable amount paid will be refunded.
Pricing and payment
Prices displayed on the website are in Australian dollars unless otherwise stated.
Prices may change without notice.
A price change will not normally affect an order that has already been accepted, except where an obvious pricing or listing error has occurred.
Payment must be made using the payment methods offered at checkout or another payment method agreed with Excel Garage.
Stock availability and backorders
Stock quantities and supplier availability may change.
Backorder, pre-order and incoming-stock dates are estimates only and may be affected by manufacturing, supplier or freight delays.
Excel Garage will make reasonable efforts to advise customers of significant delays where that information becomes available.
Shipping
Shipping and delivery are governed by the Excel Garage Shipping Policy.
Freight charges may vary according to product weight, dimensions, destination, carrier and whether specialised freight is required.
Returns, refunds and warranty
Returns, refunds and warranty claims are governed by the Excel Garage Refund Policy, together with your rights under the Australian Consumer Law.
Nothing in our Refund Policy or these Terms limits any statutory consumer guarantee that cannot lawfully be excluded.
Used and reconditioned products
Used and reconditioned products may show reasonable evidence of previous use.
Where applicable, the condition of a used or reconditioned product will be described in the product listing.
Customers should review the product description and photographs before purchasing.
Exchange and core-return products
Certain products may be offered on an exchange or core-return basis.
Where this applies, the deposit, core-return requirements, freight arrangements, acceptable core condition and applicable timeframes described in the product listing or otherwise agreed with Excel Garage form part of the sale.
A core deposit may be retained where a required core is not returned or where the returned item does not meet the stated requirements.
Workshop and motorsport services
Excel Garage provides workshop services that may include race preparation, engine work, gearbox work, fabrication, roll cages, chassis dyno work, vehicle setup and track support.
These services may be subject to separate quotations, deposits, booking arrangements, parts requirements and service conditions.
Where a specific written quotation or service agreement conflicts with these general website Terms, the specific written agreement will apply to that service.
Motorsport risk
Motorsport involves inherent mechanical, operational and competitive risks.
No product, workshop service, setup service, dyno service or track-support service can guarantee a particular race result, lap time, power figure, reliability outcome or freedom from mechanical failure.
This provision does not limit any legal rights that cannot be excluded under Australian law.
Website use
You must not misuse the Excel Garage website, attempt unauthorised access, introduce malicious software or code, interfere with the operation of the website or use the website for any unlawful purpose.
Intellectual property
Unless otherwise stated, original website content, Excel Garage branding, written material, photographs, diagrams and other material created by Excel Garage remain the property of Excel Garage or the relevant rights holder.
Such material must not be reproduced for commercial purposes without permission.
Third-party products and websites
Excel Garage sells products manufactured by a range of third-party suppliers.
Third-party brand names and trademarks remain the property of their respective owners.
The website may also contain links to external websites or services. Excel Garage is not responsible for the content, operation or availability of third-party websites.
Limitation of liability
To the maximum extent permitted by law, Excel Garage is not liable for indirect, incidental, special or consequential loss resulting from misuse of a product, incorrect installation, use outside the intended application, delays outside our reasonable control or use of the website.
Nothing in this clause excludes or limits liability where it cannot legally be excluded or limited, including rights arising under the Australian Consumer Law.
Changes to these Terms
Excel Garage may update these Terms from time to time.
The version published on the website at the time an order is placed will generally apply to that order, subject to applicable law.
Governing law
These Terms are governed by the laws of South Australia, Australia.
Subject to any rights available under applicable consumer law, the parties submit to the non-exclusive jurisdiction of the courts of South Australia and courts entitled to hear appeals from those courts.
Contact
Questions regarding these Terms can be directed to:
Excel Garage Pty Ltd
Email: sales@excelgarage.com.au
Phone: 0477 940 020