TERMS AND CONDITIONS
By accessing the site www.ibuiltkits.com or associated social media platforms, accessing plans, kits and services from IBuilt Kits you confirm that you have read, understood and agreed to the terms and conditions described below. IBuilt Kits of Gold Coast, Australia, ABN 63 897 853 033, provide a range of plans (digital goods), kits and other products listed on this website, www.ibuiltkits.com. These terms and conditions have been developed and published to ensure that you understand the legal terms that govern your use of our products and services.
1.1. “Seller” shall mean IBuilt Kits.
1.2. “Buyer” shall mean the Buyer or any person acting on behalf of and with the authority of the Buyer. This term may be used in place of or replaced by “Client”.
1.3. “Client” means the person/s buying the Goods as specified in any invoice, document or order, and if there is more than one Client is a reference to each Client jointly and severally.
1.4. “Goods” shall mean Goods supplied by the Seller to the Buyer (and where the context so permits shall include any supply of Services as hereinafter defined).
1.5. “Digital Goods” shall mean goods supplied by the Seller to the buyer in a digital format or converted to a printed copy for applicable file types.
1.6. “Services” shall mean all services supplied by the Seller to the Buyer and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined supra).
1.7. “Price” shall mean the cost of the Goods as agreed between the Seller and the Buyer subject to clause 4 of this contract.
1.8. “Partner” shall mean any supplier or retailer that is contracted by IBuilt Kits to supply the buyer with goods, either directly or through the hands of IBuilt Kits. It must be noted that IBuilt Kits may not ever come into contact with such goods before delivery from a supplier(partner). IBuilt Kits has selected these partners according to a strict criteria, IBuilt Kits takes no responsibility to ensure the buyers standards are met directly in terms of but not limited to, quality, colour, finish, materials, cost, voltage. It is the buyers responsibility to ensure they complete the appropriate research to ensure the components meet their requirements before purchasing.
2.1. The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client places an order for or accepts delivery of the Goods.
2.2. These terms and conditions may only be amended with IBuilt Kits consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Client and IBuilt Kits.
3. Price and Payment
3.1. At IBuilt Kits’s sole discretion the Price shall be as indicated on any invoiced or advertisement provided by IBuilt Kits to the Client.
3.5. Payment are expected via credit card using the supplied payment gateways on this website.
5. Delivery of Goods
See Shipping and Delivery Policy
6.1. Risk of damage to or loss of the Goods passes to the Client on delivery.
6.2. If the Client requests IBuilt Kits to leave Goods outside a premises or partners premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Client’s sole risk.
6.3. Any advice, recommendation, information, assistance or service provided by IBuilt Kits in relation to Goods or Services supplied is given in good faith, is based on IBuilt Kits own knowledge and experience and shall be accepted without liability on the part of IBuilt Kits and it shall be the responsibility of the Client to confirm the accuracy and reliability of the same in light of the use to which the Client makes or intends to make of the Goods or Services.
6.4. During the fabrication or assembly process of either kits or plans supplied by IBuilt Kits, all safety procedures should be put in place by the Client or Fabricator. It is the Client/Fabricators responsibility to ensure they do not put themselves or others in danger during the manufacture of such parts/products. IBuilt Kits will provide some safety data sheets for supplied materials as a courtesy service and will not take responsibility for missing or incorrect information regarding use of a supplied product.
6.5. IBuilt Kits will take no responsibility for damages caused by the misuse of any of their products or designs, incorrect loading or incorrect assembly.
7. Accuracy of Client’s Plans and Measurements
7.1. IBuilt Kits shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Client. The Client acknowledges and agrees that in the event that any of this information provided by the Client is inaccurate, IBuilt Kits accepts no responsibility for any loss, damages, or costs however resulting from these inaccurate plans, specifications or other information.
7.2. In the event the Client gives information relating to measurements and quantities of the Goods required to complete the Services, it is the Client’s responsibility to verify the accuracy of the measurements and quantities, before the Client or IBuilt Kits places an order based on these measurements and quantities. IBuilt Kits accepts no responsibility for any loss, damages, or costs however resulting from the Client’s failure to comply with this clause.
7.3. In the event of incorrect measurements or specifications supplied to IBuilt Kits by the buyer and the design process or parts being completed, the buyer is obligated to accept delivery of the goods and must take responsibility for any such mistakes.
8.1. IBuilt Kits and the Client agree that ownership of the Goods shall not pass until:
(a) the Client has paid IBuilt Kits all amounts owing to IBuilt Kits; and
(b) the Client has met all of its other obligations to IBuilt Kits.
8.2. Receipt by IBuilt Kits of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
8.3. It is further agreed that:
(a) until ownership of the Goods passes to the Client in accordance with clause 8.1 that the Client is only a bailee of the Goods and must return the Goods to IBuilt Kits on request.
(b) the Client holds the benefit of the Client’s insurance of the Goods on trust for IBuilt Kits and must pay to IBuilt Kits the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed.
(c) the Client must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Client sells, disposes or parts with possession of the Goods then the Client must hold the proceeds of any such act on trust for IBuilt Kits and must pay or deliver the proceeds to IBuilt Kits on demand.
(d) the Client should not convert or process the Goods or intermix them with other goods but if the Client does so then the Client holds the resulting product on trust for the benefit of IBuilt Kits and must sell, dispose of or return the resulting product to IBuilt Kits as it so directs.
(e) the Client irrevocably authorises IBuilt Kits to enter any premises where IBuilt Kits believes the Goods are kept and recover possession of the Goods.
(f) IBuilt Kits may recover possession of any Goods in transit whether or not delivery has occurred.
(g) the Client shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of IBuilt Kits.
(h) IBuilt Kits may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Client.
9. Buyer’s Disclaimer
9.1. The Buyer hereby disclaims any right to rescind, or cancel the contract or to sue for damages or to claim restitution arising out of any misrepresentation made to him by any servant or agent of the Seller and the Buyer acknowledges that he buys the Goods relying solely upon his own skill and judgement and that the Seller shall not be bound by nor responsible for any term, condition, representation or warranty other than the warranty given by the Manufacturer which warranty shall be personal to the Buyer and shall not be transferable to any subsequent Buyer.
See Returns and Refunds Policy
11. The Commonwealth Trade Practices Act 1974 and Fair Trading Acts
11.1. Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the Commonwealth Trade Practices Act 1974 or the Fair Trading Acts in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.
12. PRODUCT WARRANTY
12.1. Subject to payment in full being made, IBuilt Kits will use its best endeavours to pass on to the Client the benefit of any warranties or guarantees it receives in respect of Goods supplied to the Customer. Defects must comply with that described in the partners terms and conditions and may differ between suppliers.
12.2. Due to the nature of DIY kits and plans, IBuilt Kits has no control over workmanship, tools and equipment, conditions that may effect the final product and hence it can offer no warranty on the completed products or designs. IBuilt Kits does its best to provide information on the required tools to complete each project but sometimes be assumed or missed. The service of recommending tools is a free service and not considered part of the purchased product. IBuilt Kits endeavours to produce quality designs that are compliant to the appropriate standards where applicable in the state and country of design (QLD, Australia).
IBuilt Kits warranty does not cover:
(a) normal wear and tear;
(b) fitting of the IBuilt Kits Goods other than in accordance with the Product Information and all relevant vehicle safety and compliance laws, including incorrect fitting;
(c) using the IBuilt Kits Goods other than for the purpose for which it was originally designed or other than in accordance with the Product Information and all relevant vehicle safety and compliance laws, including unusual, improper or negligent use or misuse or overloading;
(d) misuse or neglect of the IBuilt Kits Goods ,including improper repair or maintenance or failing to repair and maintain;
(e) alteration, abuse, acts of nature, terrorism, vandalism, collision, road hazards or adverse conditions
(f) formal or informal competitive events, such as racing, rallying, hill climbing, speed trials or similar activities; and/or
(g) using the IBuilt Kits Goods in highly corrosive environments.
12.4. IBuilt Kits strives to offer cost effective solutions for the client, as with anything there is a trade off between cost, time and quality, it is the buyers responsibility to ensure they are happy with the components supplied and entire design with IBuilt Kits kits or plans before purchase.
12.5. Designs offered by IBuilt Kits are based on personal opinion of its designers, IBuilt Kits may offer different products to suit the opinions of the buyer and it is the buyers risk to take responsibility for their choices.
12.6. Any modifications or variance to the intended designs and processes may void any warranty that may be passed from a IBuilt Kits partner to the client.
12.7. Some IBuilt Kits products are non-tangible and irrevocable digital goods. No refunds will be given for any purchases of digital products or services. By accessing or subscribing to any digital goods you agree to be bound by these terms and conditions and any acceptable use policy we may introduce in future (which will form part of these terms and conditions). We may vary or amend these terms and conditions at any time. Any changes to these terms and conditions will be effective immediately from the time we post the amendments to this website or we notify you in any other way. You may like to print a copy of these terms and conditions for your records. We also recommend you check our website for any changes from time to time.
13. Intellectual Property
13.1. All media, information, trademarks, trade names, logos and other material provided through our goods (including all copyright and other rights contained in them) are the property of IBuilt Kits and must not be reproduced or dealt with in any way without our or the registered copyright/trademark owners express written consent. Unless expressly stated otherwise, all our digital goods are licensed for strictly personal use only unless purchased as commercial use. Any link you make to our plans or website pages must be in a way that presents the service as we intended. You must not directly link to, frame or manipulate the material contained in our plans or pages or disguise its origin or ownership.
13.2. Personal use plans are licensed for single use only and are not to be shared with anyone except for the purpose of fabrication for this single use (eg. Laser cutting). Plans must not be reproduced, shared, copied, reverse engineered, modified or re-sold.
13.3. Commercial licenses allow repeated production of designs and can be used more than once, they must also not be reproduced, shared, copied, reverse engineered, modified or re-sold. By purchasing a commercial plan, the buyer does not have sole ownership/rights over the purchased design unless organised otherwise. Personalisation or de-branding of the IBuilt Kits logo can be completed by IBuilt Kits only and may incur additional costs. De-branding of the IBuilt Kits logo or similar without prior permission is a breach of the agreement entered during purchase.
13.4. You agree to us communicating with you regarding our various activities, events, goods by digital messages. We use reasonable care in preparing and presenting material we provide through our digital goods. Information may be provided by third parties, including other users, and we are under no obligation to verify this information.
13.5. Where IBuilt Kits has designed, drawn or developed Goods for the Client, then the copyright in any designs and drawings and documents shall remain the property of IBuilt Kits unless agreed upon otherwise.
13.6. The Client warrants that all designs, specifications or instructions given to IBuilt Kits will not cause IBuilt Kits to infringe any patent, registered design or trademark in the execution of the Client’s order and the Client agrees to indemnify IBuilt Kits against any action taken by a third party against IBuilt Kits in respect of any such infringement.
14. Default and Consequences of Default
14.1. Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of five percent (5%) per calendar month (and at IBuilt Kits sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
14.2. If the Client owes IBuilt Kits any money the Client shall indemnify IBuilt Kits from and against all costs and disbursements incurred by IBuilt Kits in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, IBuilt Kits contract default fee, and bank dishonour fees).
14.3. Without prejudice to any other remedies IBuilt Kits may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions IBuilt Kits may suspend or terminate the supply of Goods to the Client. IBuilt Kits will not be liable to the Client for any loss or damage the Client suffers because IBuilt Kits has exercised its rights under this clause.
14.4. Without prejudice to IBuilt Kits other remedies at law IBuilt Kits shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to IBuilt Kits shall, whether or not due for payment, become immediately payable if:
(a) any money payable to IBuilt Kits becomes overdue, or in IBuilt Kits opinion the Client will be unable to make a payment when it falls due;
(b) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client
14.5. Where the Seller has not received or been tendered the whole of the price, or the payment has been dishonoured, the Seller shall have:
(a) a lien on the goods;
(b) the right to retain them for the price while the Seller is in possession of them;
(c) a right of stopping the goods in transit whether or not delivery has been made or ownership has passed; and
(d) a right of resale,
(e) the foregoing right of disposal, provided that the lien of the Seller shall continue despite the commencement of proceedings or judgement for the price having been obtained.
15.1. IBuilt Kits may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Client. On giving such notice IBuilt Kits shall repay to the Client any money paid by the Client for the Goods. IBuilt Kits shall not be liable for any loss or damage whatsoever arising from such cancellation.
15.2. In the event that the Client cancels delivery of Goods the Client shall be liable for any and all loss incurred (whether direct or indirect) by IBuilt Kits as a direct result of the cancellation (including, but not limited to, any loss of profits).
15.3. Cancellation of orders for Goods made to the Client’s specifications, or for non-stocklist items, will definitely not be accepted once production has commenced, or an order has been placed.
16. Privacy Act 1988
16.1. The Client agrees for IBuilt Kits to obtain from a credit reporting agency a credit report containing personal credit information about the Client in relation to credit provided by IBuilt Kits.
16.2. The Client agrees that IBuilt Kits may exchange information about the Client with those credit providers either named as trade referees by the Client or named in a consumer credit report issued by a credit reporting agency for the following purposes:
(a) to assess an application by the Client; and/or
(b) to notify other credit providers of a default by the Client; and/or
(c) to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and/or
(d) to assess the creditworthiness of the Client.
The Client understands that the information exchanged can include anything about the Client’s creditworthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988.
16.3. The Client consents to IBuilt Kits being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
16.4. The Client agrees that personal credit information provided may be used and retained by IBuilt Kits for the following purposes (and for other purposes as shall be agreed between the Client and IBuilt Kits or required by law from time to time):
(a) the provision of Goods; and/or
(b) the marketing of Goods by IBuilt Kits, its agents or distributors; and/or
(c) analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Goods; and/or
(d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or
(e) enabling the daily operation of Client’s account and/or the collection of amounts outstanding in the Client’s account in relation to the Goods.
16.5. IBuilt Kits may give information about the Client to a credit reporting agency for the following purposes:
(a) to obtain a consumer credit report about the Client;
(b) allow the credit reporting agency to create or maintain a credit information file containing information about the Client.
16.6. The information given to the credit reporting agency may include:
(a) personal particulars (the Client’s name, sex, address, previous addresses, date of birth, name of employer and driver’s licence number);
(b) details concerning the Client’s application for credit or commercial credit and the amount requested;
(c) advice that IBuilt Kits is a current credit provider to the Client;
(d) advice of any overdue accounts, loan repayments, and/or any outstanding monies owing which are overdue by more than sixty (60) days, and for which debt collection action has been started;
(e) that the Client’s overdue accounts, loan repayments and/or any outstanding monies are no longer overdue in respect of any default that has been listed;
(f) information that, in the opinion of IBuilt Kits, the Client has committed a serious credit infringement (that is, fraudulently or shown an intention not to comply with the Client’s credit obligations);
(g) advice that cheques drawn by the Client for one hundred dollars ($100) or more, have been dishonoured more than once;
(h) that credit provided to the Client by IBuilt Kits has been paid or otherwise discharged.
17.1. If any provision of these terms and conditions shall be invalid, void or illegal or unenforceable the validity existence, legality and enforce-ability of the remaining provisions shall not be affected, prejudiced or impaired.
17.2. All Goods supplied by the Seller are subject to the laws of Queensland and the Seller takes no responsibility for changes in the law which affect the Goods supplied.
17.3. The Seller shall be under no liability whatever to the Buyer for any indirect loss and/or expense (including loss of profit) suffered by the Buyer arising out of a breach by the Seller of these terms and conditions.
17.4. In the event of any breach of this contract by the Seller the remedies of the Buyer shall be limited to damages. Under no circumstances shall the liability of the Seller exceed the Price of the Services.
17.5. The Buyer shall not set off against the Price amounts due from the Seller.
17.6. The Seller may license or sub-contract all or any part of its rights and obligations without the Buyer’s consent.
17.7. The Seller reserves the right to review these terms and conditions at any time and from time to time. If, following any such review, there is to be any change in such terms and conditions, that change will take effect from the date on which the seller notifies the Buyer of such change.
17.8. Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
If you do not agree to be bound by these terms and conditions, you must not use or agree to use any goods or services provided by IBuilt Kits, including this website and any digital newsletters.
Changes to our Terms and Conditions
If we decide to change our terms and conditions, we will post those changes on this
page, and/or update the terms and conditions modification date below. Policy changes
will apply only to information collected after the date of the change.
This policy was last modified on September 10, 2020.
If there are any questions regarding these terms and conditions you may contact us
using the information below. Or use our contact form through the website at www.ibuiltkits.com\
Attn: Troy Ruston – Proprietor/Mechatronics Engineer