Privacy Policy – Australia and New Zealand

Last updated: 8 December 2020

Bapcor Ltd (ACN 153 199 912), and its related companies in Australia and New Zealand, including MTQ Engine Systems (Aust) Pty Ltd (ACN 089 558 878), trading as MTQ ("Bapcor", "we", "us", "our") is committed to complying with applicable privacy laws in relation to the personal information that we collect in the course of running its business. Where applicable privacy laws provide for exceptions or exemptions, we may rely on those exceptions or exemptions in our information handling practices.

In this document, "personal information" has the meaning given by applicable privacy laws, and (in summary) means information or an opinion about an identified individual or an individual who is reasonably identifiable.

Please take a moment to read this Privacy Policy as it explains how we manage personal information including our obligations and your rights in respect of our dealings with your personal information.

Some of our stores are run by franchisees that are independent of Bapcor and may have privacy policies which differ from ours ("Franchisees"). Franchisees are responsible for their own privacy policies and privacy practices. If you have a query regarding the privacy practices of a Franchisee, please contact the Franchisee directly for further information.

We may update this Privacy Policy from time to time. The date it was last updated is set out above.

1. Collection

Bapcor will collect personal information by lawful and fair means and only when it is necessary for one or more of our business functions or activities or otherwise permitted by applicable privacy laws. If required by applicable privacy laws, whenever we collect your personal information we will advise you as soon as practicable of:

the reason for the collection
to whom we may disclose the information
the main consequences of not disclosing the personal information
such other matters required by applicable laws

We will generally collect information for the purposes of keeping you informed about our businesses, contacting you about our products and services, and those of the Bapcor group. We may collect personal information directly from you through some of the following means:

when you purchase goods or services or conduct business with us;
when you contact us by email, telephone, in person or other means;
via one of our websites or when you deal with us online (including through social media);
via CCTV cameras located at our stores and premises that you attend;
when you enter one of our competitions or promotions; and
when you apply for a job or other position with us.

Where it is reasonably practical to do so, we will collect your personal information directly from you. However, in certain cases we may collect personal information about you from third parties, including:

publicly available sources;
our Franchisees that you deal with;
our suppliers, contractors and business partners;
referees, if you apply for a position as an employee or contractor with us;
if you were a customer of or had dealings with a business we purchase, from the seller of that business; and
market research agencies, for example where you participate in a survey.

2. Types of personal information we typically collect

The types of personal information we collect from you will depend on the circumstances for which the information is collected and may include your identity, name, address and other contact details (such as email and phone numbers), billing information your history of purchases and use of our products and services and details of enquiries you make with us.

We will also collect personal information you provide to us, including when you use our websites, in application forms, in orders, through our social media and in any other way.

If you are an individual contractor, we may collect information relevant to your engagement with us including qualifications, length of engagement, résumé, current and former employment details, pay rate and salary, bank details, feedback from supervisors, training records and logs of your usage of our equipment (eg phones, computers and vehicles).

We only collect sensitive information (such as health information, and information about a person's racial or ethnic origin, sexual orientation, religious beliefs or affiliations and criminal record) about you with your consent, or otherwise where permitted or required by applicable privacy laws.

We use cookies, and similar technology, on our websites to collect information about your browser and your activities on our website as well as information about your device. Cookies are files placed on your device which we use to analyse how people use our websites and help us improve our website, including by using analytical tools. You can change your settings so your device does not accept cookies. If you do that you may not be able to use all the functionality on our website.

If you deal with us online, we may:

record details of the device and operating system you use to access the applications;
collect information about your geographical location, depending on the permissions granted on your device;
collect history and/or usage information.

This website uses Google Analytics Advertising Features (including AdWords) to advertise on third party websites (including Google) to previous visitors to our website. These features allow us to tailor our marketing to better suit your needs and display ads that are relevant to you. Third party vendors use cookies to display relevant ads based on your past visits to our website. Any data collected will be used in accordance with our own Privacy Policy and Google’s privacy policy. You can set preferences for how Google advertises to you using the Google Ad Preferences page.

3. Purposes for which we handle your personal information

As a general rule, we only process personal information for purposes that would be considered relevant and reasonable in the circumstances. The purposes for which we use and disclose your personal information will depend on the circumstances in which we collect it.

We will only use and disclose personal information:

for the purpose which we had advised we were collecting it;
for a purpose which is necessary for the reason the information was given to us;
where you have otherwise consented to that use; or
where required or permitted by applicable laws.

In general we collect, use and disclose your personal information so that we can do business together and for purposes connected with our business operations. For example, we may we collect, hold, use and disclose your personal information:

to confirm your identity;
to offer and provide you with our goods and services, receive goods or services from you and manage our relationship with you;
manage, administer, and improve those goods and services;
to protect the security and integrity of our IT systems, services and premises;
to assess your suitability for employment or other relationship with us;
to obtain your feedback on our goods and services;
to respond to your queries or address any issues or complaints that we or you have regarding our relationship;
to comply with our legal and regulatory obligations; and
to contact you regarding the above, including via electronic messaging such as SMS and email, by mail, by phone or in any other lawful manner

If you do not provide us with your personal information we may not be able to provide you with our goods or services, communicate with you or respond to your enquiries.

4. Who we disclose your personal information to?

We may disclose your personal information to third parties in connection with the purposes described in section 3 of this Privacy Policy.

The types of persons and entities we typically disclose personal information to include (but are not limited to):

our Franchisees, for example, to facilitate the fulfillment of any orders you make for goods and services;
our suppliers, contractors and other organisations that provide us with technical and support services;
our accountants, insurers, lawyers, auditors and other professional advisers;
any third parties to whom you have directed or permitted us to disclose your personal information (e.g. referees);
within the Bapcor group for purposes connected with our business and relationship with you, and where otherwise permitted by applicable laws; and
in the event that we or our assets may be acquired or considered for acquisition by a third party, that third party and its advisors.

We may also disclose your personal information in accordance with any consent you give or where disclosure is authorised, compelled or permitted by law.

If we disclose information to a third party, we generally require that the third party protect your information to the same extent that we do.

5. Protection of personal information

We will hold personal information as either secure physical records, electronically on our IT systems and in third party cloud services which may be located overseas.

Bapcor will take all reasonable steps to ensure that the personal information it collects, uses or discloses is accurate, complete and up to date.

We use a range of security measures to protect the personal information we hold, including by implementing IT security tools to protect our IT systems and ensuring that employees and third parties with access to records containing personal information are subject to appropriate information security obligations.

Bapcor will take all reasonable steps to:

protect the personal information we hold from misuse and loss and from unauthorised access, modification or disclosure; and
destroy personal information once it is no longer needed,

to the extent required by applicable privacy laws.

6. Overseas transfers of personal information

We may disclose your personal information to other members of the Bapcor group, our related entities, service providers and agents located overseas, including in Australia (where Bapcor is headquartered) and New Zealand.

From time to time we may also engage an overseas recipient to provide services to us, such as cloud services. Please note that the use of overseas service providers to store personal information will not always involve a disclosure of personal information to that overseas provider.

7. Direct marketing

Like most businesses, marketing is important to our continued success. We therefore like to stay in touch with customers and let them know about new offers and opportunities. We may provide you with information about products, services and promotions either from us, or from third parties which may be of interest to you where you have consented to us doing so, or where we are otherwise permitted to do so by law.

You may opt out at any time if you no longer wish to receive direct marketing messages from us. You can make this request by contacting our Privacy Officer.

8. Access and correction

You may contact our Privacy Officer (see section 10) to request access to the personal information that we hold about you and/or to make corrections to that information, at any time. On the rare occasions when we refuse access, we will provide you with a written notice stating our reasons for refusing access. We may seek to recover from you reasonable costs incurred for providing you with access to any of the personal information about you held by us.

We are not obliged to correct any of your personal information if we do not agree that it requires correction and may refuse to do so. If we refuse a correction request, we will provide you with a written notice stating our reasons for refusing.

We will respond to all requests for access to or correction of personal information within a reasonable time.

9. Complaints

If you have any questions, concerns or complaints about this Privacy Policy, or how we handle your personal information, please contact our Privacy Officer (see section 10). When contacting us please provide as much detail as possible in relation to your question, concern or complaint.

We take all complaints seriously, and will respond to your complaint within a reasonable period. We request that you cooperate with us during this process and provide us with any relevant information that we may need.

If you are dissatisfied with the handling of your complaint, you may contact:

Australia:

Office of the Australian Information Commissioner
GPO Box 5218, Sydney, NSW, 2001, Australia
Telephone: 1300 363 992
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

New Zealand:

Office of the Privacy Commissioner
PO Box 10094
Wellington 6143
Telephone: 0800 803 909 (Monday to Friday, 10:00 am to 3:00 pm)
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

10. Contact details

The contact details for our Privacy Officers are as follows:

Australian Privacy Officer
Address: 61-63 Gower Street, Preston, Victoria, 3072, Australia
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Phone: +61 9914 5555

New Zealand Privacy Officer
Address: 21 - 27 Omega St, Rosedale 0632, Auckland, New Zealand
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Phone: +64 9 414 3200

MTQ ENGINE SYSTEMS PTY LTD (“SUPPLIER”)

TERMS & CONDITIONS (T&Cs)

1. PRICES AND GST

All prices quoted are subject to change without prior notice and are exclusive of GST. Customer warrants that it is registered for GST and will notify the Supplier if it ceases to be so. Each amount payable by the Customer under these T&Cs in respect of a Taxable Supply by the Supplier is a GST exclusive amount and on receipt of a tax invoice the Customer must, in addition to that amount and at the same time, pay the GST payable in respect of in that supply. "Taxable Supply" and "GST" have the meanings set out in the A New Tax System Goods and Products and Services) Act 1909 (Cth). This account may be subject to a monthly account fee as agreed.

2. CLAIMS AND RETURNS

No claims for shortage or damaged items will be recognised unless notified within seven (7) days from receipt of goods. Goods returned for credit will be subject to handling charge as follows: 14-29 days - 10%. After 30 days - Nil Credit. All returns for credit are subject to substantiation to the Supplier’s reasonable satisfaction and invoice numbers must be supplied before credit will be considered.

3. WITHDRAWAL, SUSPENSION AND VARIATION OF CREDIT

For the avoidance of doubt, the credit offered (if any), remains at all times a matter for the Supplier’s sole determination and the Supplier may, at any time, without the need to provide a reason or incurring any liability to the Customer, vary, suspend (temporarily or indefinitely) or withdraw any credit granted to the Customer.

4. SUSPENSION AND CEASING OF SUPPLY

The Supplier may, at any time, at its complete discretion and without incurring any liability to the Customer, cease or suspend supply of any goods or services to the Customer or amend these T&Cs.

5. CUSTOMER DEFAULT

Without limitation to the Supplier’s rights, all amounts owing to the Supplier become immediately due and payable if Customer defaults in making prompt payment of any amount due to the Supplier, becomes insolvent or bankrupt, commits an act of bankruptcy, convenes a meeting with its creditors, or enters into an arrangement with its creditors, or makes an assignment for the benefit of its creditors, or appoints a receiver, manager, liquidator (provisional or otherwise), ceases to carry on business, or is financially unable to pay its debts or meet its obligations under these T&Cs.

6. WARRANTY

To the extent permitted by law or expressly by these T&Cs, all warranties or guarantees whether express, implied, statutory or otherwise, relating in any way to the goods or the supply of goods are excluded.

7. LIABILITY

Where liability cannot be limited (under the Australian Consumer Law or otherwise), to the extent permitted by law, the Supplier’s liability is limited as follows:

i. In respect of goods:

If there is a major failure, the goods cannot be repaired or the Supplier has not responded within a reasonable time offering repair or replacement, a refund or replacement if the goods are rejected or payment of the reduction in value of the goods if the goods are not rejected; or

If there is not a major failure, at the Supplier’s election, replacement, repair or refund; and

ii. In respect of services:

If there is a major failure, the problem cannot be fixed or the Supplier has not responded within a reasonable time, a refund if the contract is terminated or payment of difference between the value of the services provided compared to the price paid; or

If there is not a major failure, at the Supplier’s election, a refund or a further service to rectify the problem.

To the extent permitted by law, the Supplier is not liable to the Customer (under contract, negligence, indemnity or otherwise), and the Customer hereby releases the Supplier from any claim for, loss arising from business interruption, loss of actual or anticipated profit or revenue (whether arising at law as direct or indirect loss) or any consequential loss or damage, howsoever arising in respect to the supply of goods or services pursuant to these T&Cs or the Supplier's negligence, act or omission.

8. PAYMENT TERMS

Trading terms are Net 30 days unless other agreed by the Supplier in writing. Failure to adhere to these terms will result in the account becoming C.O.D., until such time as the account is paid in full. The Supplier reserves the right to determine when the account will be reopened. The Supplier is entitled to charge the Customer interest on amounts not paid within the credit period specified by the Supplier at a rate equivalent to 3% per annum above the business overdraft commercial Interest rate of the Supplier's principal bankers from the invoice date until payment of the debt.

9. APPLICATION OF MONIES RECEIVED:

If the Supplier receives or recovers money in respect of any debt of the Customer, the Supplier may use the money to pay off whichever debt or part of a debt the Supplier chooses and is not compelled to apply the money as directed by the Customer or any other person.

10. COSTS

Should payment remain outstanding beyond the Company's payment terms as outlined in Clause 8, the Customer is liable for all costs including legal costs (on a solicitor/own client basis) and mercantile agents’ fees incurred by the Company in recovering the amount outstanding.

11. TRANSACTIONS

The Customer will be liable for all transactions and expenses involving the Customer's credit account including any fraudulent use of the account by the Customer, any person authorised by the Customer to use the account or the Customer's employees, agents or contractors.

12. RETENTION OF TITLE

The Supplier retains the title and ownership of goods, and Customer holds the goods as a bailee only, until Customer has paid all moneys owing to the Supplier in full. Risk passes to the Customer at the time of delivery. If the Customer defaults in payment, then without prejudice to the Supplier's other rights, the Customer expressly and irrevocably authorises the Supplier to enter and remain upon any premises occupied or used by the Customer without notice to recover possession of goods.

13. CHARGES AND PERSONAL PROPERTIES SECURITIES REGISTER

The Customer:

i. agrees that the retention of title contained in these T&Cs give rise to a “security interest” as defined in the Personal Properties Securities Act 2009 ("PPSA") in any of and all personal property (as defined in the PPSA) (“Personal Property”) which is the subject matter of the credit application or these T&Cs;

ii. charges all of its rights, property and undertaking of whatever kind and wherever situated, whether present or future including, without limitation, its capital and any interest in real property (both legal and beneficial, in freehold and leasehold land) (other than any Personal Property to which the PPSA applies) to the Supplier; and

iii. agrees to mortgage all of its present and future interests in any real property to the Supplier, as security for the performance of its obligations under the T&Cs including payment of goods.

The Customer must, within seven (7) days of request from the Supplier, do all things or execute or arrange execution of such documents as the Supplier requires to perfect or register any “security interest” under the PPSA, charge or mortgage. On and from the Registration Commencement Time (as defined in the PPSA):

i. the Customer has no rights under, or by reference to, sections 125, 142 and 143 of the PPSA if the Customer defaults and the Supplier takes enforcement action under these T&Cs in respect of the Goods;

ii. the Supplier is under no obligation to dispose of or retain any secured property the Supplier seizes within a reasonable time under section 125 of the PPSA;

iii. if any part of the moneys owing to the Supplier by the Customer is secured by a purchase money security interest granted by the Customer, the Supplier will use any money received under this document in the following order:

a. first, to pay obligations that are secured by which are not secured by a purchase money security interest; and

b. second, to pay obligations that are secured by a purchase money security interest;

iv. The Customer waives all rights to:

a. receive any notice under sections 95, 130 and 135 of the PPSA in relation to the enforcement of any “security interest” over the goods;

b. receive a statement of account under sections 132(3)(d) and 132(4) of the PPSA; and

c. a copy of, or notice of, any verification statement confirming registration of a financing statement or a financing change statement relating to any “security interest” under, or provided for by, these T&Cs.

Except if section 275(7) of the PPSA applies, each of the parties agree not to disclose any information of the kind referred to in section 275(1) of the PPSA that is not publicly available.

The Customer acknowledges that the Supplier, by virtue of the charge and mortgage, has a caveatable interest in any real property of the Customer which is or becomes subject to the charge and/or mortgage and may lodge a caveat over that property.

14. CHANGE OF OWNERSHIP

The Customer will notify the Supplier in writing of any impending change of ownership or legal structure of the Customer at least 45 days prior to such change. The Supplier reserves the right to vary, suspend (temporarily or indefinitely) or withdraw any credit. Customer indemnifies the Supplier against any loss or damage incurred by it as a result of the Customer's failure to notify or the change of control.

15. INDEMNITY

The Customer indemnifies the Supplier in relation to any direct or indirect loss, claims, liability, cost or damage suffered by the Supplier or it related bodies corporate (as the latter term is defined in the Corporations Act 2001) arising from or in connection with:

i. The fraud or negligence of the Customer, its officers, contractors, employees, servants or agents;

ii. The Customer’s breach of these T&Cs; or

iii. Any claim, demand or proceedings against the Supplier that any payment of the Customer is void, voidable or otherwise invalid for any reason (including pursuant to any provision of the Corporations Act 2001).

16. JOINT AND SEVERAL

If the Customer consists of more than one person, the obligations of each person are joint and several.

17. SEVERANCE

Each clause, sub-clause and part of these T&Cs is separate and independent. If any clause or sub-clause or part is found to be invalid or ineffective, the other clauses or sub-clauses or parts will not be adversely affected.

18. WAIVER

Any waiver by the Supplier must be in writing. In the event that the Supplier elects not to exercise any of the Supplier's rights under or connection with these T&Cs, the Supplier's election will not constitute a waiver of any rights relating to any other breach of these T&Cs.

20. AMENDMENT

These T&Cs may only be amended with the Supplier's prior written agreement. Any other contractual terms of the Customer (whether upon the Customer’s order or elsewhere) shall not apply in any circumstances nor shall they constitute a counter-offer.

19. ASSIGNMENT

The Customer cannot assign these T&Cs or any agreement under its credit application (by change of control in ownership or legal structure or otherwise) without the Supplier's prior written consent. The Supplier may assign upon written notice to the Customer.

20. RECIPIENT CREATED TAX INVOICE (RCTF) AGREEMENT

Customer agrees that the Supplier may issue Recipient Created Tax Invoices ('RCTls') for the supply to Customer (or its agent) make to the Supplier. You will not issue tax invoices for these supplies. The Supplier will issue the RCTI within 28 days of determining the value of the supply.

21. GOVERNING LAW

These T&Cs are governed by the laws of the State of Victoria. The Customer submits and consents to the jurisdiction of courts in Victoria and appeal courts therefrom.

22. PRIOR CONDUCT

Customer represents that it has not, and does not, rely on the Supplier’s prior conduct or statements when entering into these T&Cs and agrees that the Supplier’s relies on this representation for the purpose of agreeing to provide credit.

23. QUOTATIONS

If the Supplier has provided any quotation specifically for goods and services (“Quotation”):

i. These Terms & Conditions shall apply to the Quotation;

ii. The price in the Quotation shall be the Supplier’s current price as at the date of Quotation and the price actually payable for the goods and services shall be the Supplier’s current price as at the date of the Customer’s acceptance of the Quotation; and

iii. Subject to paragraph (ii) the Quotation shall remain valid for acceptance by the Customer for thirty (30) days after the date of the Quotation.

24. DELIVERY

i. The Supplier will use all reasonable endeavours to deliver goods and services on or before the agreed date for delivery (“Delivery Date”), but:

a. The Delivery Date is subject to extension for any delay caused by strikes, lockouts, war, breakdowns, accidents, delays in transport, fire or any cause beyond the reasonable control of the Supplier; and

b. The Supplier will not be liable for any loss, damage or other liability whether in contract, tort, negligence or otherwise and whether directly or indirectly arising from the goods and services not being delivered by the Delivery Date for any

ii. The Supplier may, with the agreement of the Customer, deliver goods & services to the Customer in instalments and in which case the Supplier may separately invoice the Customer for payment for each delivery instalment (which shall be taken to be the subject of a separate and distinct contract between the parties).

iii. Goods and services which have been specifically manufactured, modified, imported by the Supplier or altered by the Customer cannot be returned simply because the Customer has changed their mind.

25. INSURANCE

i. The Customer is responsible for insuring their property against fire, theft and all other risks whilst the Customer’s property is at the Supplier’s premises for repairs/maintenance. The Customer discharges the Supplier from all claims or demands in relation to the Customer’s property being stored/parked at the Supplier’s premises.

ii. The Supplier may, in its absolute, discretion require the Customer to provide evidence of a current insurance certificate for the Customers property and may, in its absolute discretion refuse to accept property of the Customer if the Customer is unable or otherwise refuses to provide reasonable evidence of a current insurance policy.

26. REMANUFACTURED PARTS

i. The Supplier may carry out repairs by using remanufactured parts of the same type rather than repairing parts.

ii. The Customer acknowledges and accepts that it is in the Supplier’s absolute discretion to use Remanufactured parts to replace existing parts.

27. CUSTOMER SPECIFICATION/SPECIAL ORDERS/INTELLECTUAL PROPERTY

i. If any goods & services are manufactured by the Supplier to the design or specification of the Customer, the Customer warrants to the Supplier that any drawings, plans, specifications and other design information provided to the Supplier for the manufacture of such goods & services are accurate and correct in all respects and do not infringe upon the intellectual property rights of any third party including any copyright, patents, designs or trademarks of the third party;

ii. Where the design of any goods & services supplied by the Supplier to the Customer is proved by the Customer (or its nominee) to the Supplier, or the design is provided by the Supplier in accordance with specifications provided by the Customer, the Customer will accept sole responsibility for the design and are responsible for the suitability for the goods & services for the purposes for which they were designed and acquired;

iii. “Proprietary Information” means any and all information relating to any goods & services sold by Supplier and/or the installation or operation of the goods (including all intellectual property therein) supplied by the Supplier to the Customer and the Customer acknowledges that all Proprietary Information and all right title and interest therein are the sole property of or licensed by the Supplier and the Customer shall gain no right title or interest in the Proprietary Information whatsoever. The Customer specifically acknowledges the Supplier’s exclusive rights to ownership of any modification, translation or adaptation of the Proprietary Information and any other improvement or development based thereon which is developed supplied installed or paid for by or on behalf of the Customer;

iv. The Customer agrees to indemnify the Supplier in respect of any loss, damage, expense, claim or liability suffered or incurred by the Supplier as a result of any claim by a third party asserting infringement of any intellectual property rights in relation to such goods or any breach by the Customer of this clause 27 or any claims against Supplier arising out of any matters referred to in this clause 27.

27. INSTALLATION

i. This clause applies if Supplier is installing any goods & services into property belonging to the Customer;

ii. The Supplier will install the goods & services at the place nominated by the Supplier in the order in respect of the goods & services to be installed;

iii. The Customer will be responsible (unless previously agreed with the Supplier in writing) to obtain and pay for any permits or authorities required for the goods & services to be installed by the Supplier at the Supplier’s nominated location.

28. SUPPLIERS WARRANTY

This warranty is given by MTQ Engine Systems Pty Ltd (“the Supplier”) (ABN 84 679 808 578) of 240-244 Hammond Road, Dandenong South VIC 3175 (PH: 1800 282 530) addition to other rights and remedies under Australian Consumer Law.

MTQ must be notified prior to removal of supplied goods if a potential warranty is suspected, failure to adhere to this may void a warranty claim.

1) Warranty is Subject to payment in full, and the customer producing proof of purchase. The return of Goods for warranty consideration/inspection/testing will not be permitted without completion of a MTQ warranty claim form.

2) During the period of either 12 months from the date of invoice of the goods and services provided, or the goods and services have been in use, service or operation in an automotive engine for a period of 20,000 kms (whichever occurs first). Goods and Services used for Industrial and Marine applications, will be subject to 12 months from the date of invoice or 3,000 hours running time (whichever occurs first). the Supplier will replace or repair (at the Supplier’s absolute discretion) any defective goods & services without charge so long as the defect does not arise from:

Improper adjustment, operation or use of the goods & services.
Any modification or adaption of, or addition to the goods & services.
Misuse of the goods & services or operation contrary to the product specifications.
Inadequate preventative maintenance of the goods & services.
Fuel, oil or other contamination of the goods and services.
Servicing not authorised by MTQ, usage and/or storage and/or installation not in accordance with Product instructions.
Normal wear and tear or electrical problems.
Attempt by any other person other than MTQ personnel or any person authorised by MTQ, to adjust, repair or support the Goods and problems caused by use of parts and components not supplied by MTQ.

3) If the Customer is a Consumer (“Consumer” has the meaning defined in Section 3 of the Competition and Consumer Act 2010) the goods & services come with guarantees that cannot be excluded under the Australian Consumer Law. The Customer is entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. The Customer is also entitled to have the goods & services repaired or replaced if the goods & services fail to be of acceptable quality and the failure does not amount to a major failure.

4) The cost of the inspection and labour associated with the removal and replacement of any defective goods & services (including the cost of travel and accommodation) shall be the responsibility of and at the expense of the Customer until it is verified by the Supplier to be a warranty claim, at which time these expenses shall be negotiated with the Supplier.

5) The Customer cannot assign this warranty without the prior written consent and approval of the Supplier.

6) Warranty only covers faulty new or reconditioned components or faulty workmanship with respect to the purchased product, reused customer parts are not covered under MTQ's warranty.

7) MTQ does not warrant any product used in any type of motor racing or sports competition, any off-road professional or recreational use, custom or modified applications, any illegal highway, marine, industrial or commercial use.

1. Introduction
a.	MTQ Engine Systems (Aust) Pty Limited (“MTQ”), (ABN: 24 089 558 878) ("MTQ") has developed and owns, or has the rights to use and sublicence, the software applications, source and object code, accompanying data, pictures, video and processes known as ONLINE CATALOGUE ("ONLINE CATALOGUE"). ONLINE CATALOGUE is designed to provide certain MTQ authorised customers who own and operate automotive workshops or repair businesses ("you" and "your" respectively) with information and tools to assist you to make parts interpretation and ordering decisions concerning your business, and prepare quotations for your customers, on the terms and conditions listed in this agreement ("Agreement")
b.	Your MTQ sales representative may provide you with this Agreement, however you will also be able to see this Agreement when you access ONLINE CATALOGUE. Please read it carefully. There are important restrictions on your use of ONLINE CATALOGUE, and certain requirements you must meet in order to continue using ONLINE CATALOGUE, as set out below. You must continue to own or operate an independent automotive workshop or automotive repair business to remain eligible to continue to use ONLINE CATALOGUE.
c.	This Agreement is conditional on your acceptance of it. If you do not agree to the terms of this Agreement you must not use, copy or install ONLINE CATALOGUE. You must immediately delete any copies of ONLINE CATALOGUE or supporting documentation and return any documents or media to MTQ. You will be deemed to have accepted this Agreement upon your use of ONLINE CATALOGUE. MTQ may withdraw your right to use ONLINE CATALOGUE at any time and in its sole discretion.
d.	Any recommended pricing provide in ONLINE CATALOGUE is for your information only. There is no obligation to comply with the recommendation and you are free to set resale prices at your discretion.
2. Grant of licence and fees
a.	MTQ grants you a non-exclusive, non-transferable licence to use a single copy of ONLINE CATALOGUE on a computer specified by you, and to use the accompanying printed materials (the "Documents"), solely for purpose of parts analysis, quote preparation and parts ordering within your business. MTQ retains all property rights including the intellectual property rights to ONLINE CATALOGUE and the Documents. The computer you nominate to access ONLINE CATALOGUE must be used for the day to day operation of your business.
b.	We may charge you a fee to use ONLINE CATALOGUE and the Documents. If we charge you a fee it will be added to your account with us. We will issue you with a tax invoice for the fee.
c.	You must not copy, distribute, reproduce, modify, translate, adapt, vary, reverse engineer, de-compile, disassemble ONLINE CATALOGUE or the Documents or create derivate works based on ONLINE CATALOGUE or the Documents.
d.	You must not rent, assign, transfer, sub-licence or deal in any way with the rights given to you under this Agreement without the prior written consent of MTQ. You must not use ONLINE CATALOGUE on a time sharing or bureau basis or in the course of any outsourcing arrangement, or otherwise for processing data on behalf of third parties. You must not permit any third party to access ONLINE CATALOGUE from the computer on which ONLINE CATALOGUE has been registered in your business.
e.	You must supervise and control any use of ONLINE CATALOGUE or the Documents by your employees, agents and subcontractors to ensure such use is in accordance with the terms of this Agreement. You must keep your user name and password secure and not provide it to unauthorised third parties. You must notify us immediately if you believe your user name or password has been compromised.
3. Updates to this Agreement and Product Prices
a.	From time to time MTQ may vary this Agreement. You acknowledge that MTQ is not required to give you written notice of changes to this Agreement, however updated versions of this Agreement will be available at the MTQ website (www.MTQES.com.au) or on request.
b.	If MTQ has amended this Agreement, you will be provided with electronic notice when you access ONLINE CATALOGUE. If you then use ONLINE CATALOGUE, you will be deemed to have accepted and consent to the latest version of this Agreement as available within ONLINE CATALOGUE.
c.	From time to time MTQ may, in its absolute discretion and without notice add, modify or delete any information or functions contained within ONLINE CATALOGUE, and may need to suspend access to ONLINE CATALOGUE for this purpose.
d.	You acknowledge that any product prices listed in ONLINE CATALOGUE are indicative only. You can contact MTQ to obtain current prices prior to placing an order for parts. The product prices charged by MTQ for products you order will be those applicable at the time MTQ accepts the order.
4. Warranties and Liability
a.	In this section a reference to a "claim" means any claim, allegation, demand, suit, action or the initiation or threat of proceedings of any kind made under or in connection with this Agreement or its subject matter, whether arising under contract, tort (including negligence), under statute or otherwise at all.
b.	To the full extent permitted by law, MTQ excludes all representations, warranties, terms and conditions, whether express or implied (and including those implied by statute, custom, law or otherwise), except as expressly set out in this Agreement. ONLINE CATALOGUE will be provided "as is" and MTQ does not make any express warranties in relation to ONLINE CATALOGUE, including that ONLINE CATALOGUE is error-free or its use will be uninterrupted, or that is fit for any particular purpose.
c.	To the full extent permitted by law, MTQ will not be liable to you in respect of any claim in relation to ONLINE CATALOGUE or this Agreement for any loss, damages, expenses, loss of profit, data, goodwill or business, for any interruption to business, for any failure to realise anticipated savings or for any direct, consequential, indirect, special, punitive or incidental damages.
d.	If any statutory provisions apply which cannot be excluded by laws, to the extent to which MTQ is entitled to do so, MTQ limits its liability in respect of any claim under those provisions to (at MTQ' option) repairing or replacing the relevant goods, resupplying the relevant or equivalent services or, in either case, paying you the cost of doing so.
5. Suspension and Termination
a.	MTQ may suspend your access to and use of ONLINE CATALOGUE, or terminate this Agreement, immediately without notice if: (i) you are in breach of this Agreement; (ii) MTQ has a right to terminate any other agreement with you; (iii) any amount you owe to MTQ under any other agreement between you and MTQ is not paid by its due date; (iv) you become insolvent or subject to any form of administration or otherwise threaten to become insolvent, you cease to conduct business or your ultimate parent entity changes; or (v) you take any steps which (in MTQ' reasonable opinion) could lead to a breach of the licence terms in section 2, or anything happens which (in MTQ' reasonable opinion) might lead to unauthorised disclosure of MTQ' Confidential Information.
b.	On expiry or termination of this Agreement, you must destroy all copies of ONLINE CATALOGUE and all Documents. You grant MTQ the right to enter your premises during business hours to inspect whether ONLINE CATALOGUE and the Documents are destroyed and/or to show evidence of the destruction.
c.	Termination does not affect any rights or remedies which MTQ may have otherwise under this Agreement or at law.
6. Confidentiality
a.	In this section, Confidential Information means ONLINE CATALOGUE itself including all information contained and accessible via use of ONLINE CATALOGUE and the source code and object code; the Documents; all information available through ONLINE CATALOGUE including but not limited to: (A) part numbers; (B) part number application by vehicle specific criteria including make and model; (C) pricing including retail and customer nett prices; (D) product brand information; and (E) pictures, schematics, technical data, specifications and dimensions relating to parts; and any commercial sensitive information in relation to MTQ including inventory levels in MTQ stores and distribution centres.
b.	You must not disclose any Confidential Information to any third party except as required by law or where the Confidential Information can be demonstrated to have been in the public domain at the time of the disclosure other than as a result of a breach of this Agreement.
c.	You acknowledge that ONLINE CATALOGUE, the Documents and the Confidential Information are the unique and valuable proprietary asset of MTQ. As such, MTQ would be irreparably damaged if the terms of this Agreement were not specifically enforced. You agree that MTQ should be entitled, at the discretion of the applicable court, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as MTQ may otherwise have under applicable laws.
7. General
a.	This Agreement is governed by the laws of Queensland and you and MTQ submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.
b.	This Agreement represents the complete agreement concerning the licence of ONLINE CATALOGUE between you and MTQ.
c.	Any provision of this Agreement will be read down to the extent necessary to prevent that provision being invalid, voidable or unenforceable in the circumstances.
d.	The failure by MTQ to enforce any of the terms of this Agreement shall not be construed or deemed to be a waiver of MTQ' rights under this Agreement.

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