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Access and Use of the site

Preload Performance Pty Ltd (referred to in this document as “we”, “us” or “our”) owns and operates this website. We reserve the right to reject any order you place with us for any reason. For example, we may reject your order if we know or suspect that you intend to resell some or all of the products specified in your order as a part of a commercial business. You may only place orders via this website for private and domestic purposes unless otherwise agreed to in writing by us.

We expressly prohibit purchases for resale and/or reselling any Preload Performance product as part of any business (including any on-line business) unless agreed in writing by us.

By using our website, you accept and agree to our privacy policy. Your personal information will be used, according to our Privacy Policy, to process your order and tell you about our products and services.

Our website is intended to provide general information about our goods and services, including making purchases via our website. Whilst we do our best to supply accurate information on this site, errors and omissions may occur. We do our best to ensure that our products match the measurements/diagrams found on our website, but due to the nature of our products, we do allow tolerances. We do not accept any liability to you or any third parties for any loss or damage which may directly or indirectly result from your use of the website or your access to, or inability to access, the website. This includes viruses alleged to have been obtained from the website and your reliance on any advice, opinion, information, representation or omission (whether negligent or otherwise) contained on the website. By using the website, you agree that you are using the website at your own risk and that you are solely responsible for the actions you take in reliance on the content displayed on, or accessed through, the website.

Information on this website is subject to change without notice.

While we do our best, we cannot guarantee that images on our website exactly represent actual products. 

If you purchase a canopy, parts  or accessories at a later date than the tray, we can not guarantee a colour match as different bake times and/or preparation can cause slight discrepancies in colour. 

All images, trademarks, logos, text, graphics and other content appearing on this website are the property of their respective owners and are protected by copyright, trade mark and other intellectual property laws. The use of any of Preload Performance trademarks is strictly prohibited unless we provide prior written consent.

Unless otherwise indicated, copyright in the information on this website is owned by or licensed to Preload Performance. This website or any portion of this website may not be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose except where necessary for viewing this website on your Internet browser, or where specifically authorised by law or in writing by Preload Performance.

All purchases made through our online store are subject to our returns and warranty policy. 

We do not warrant that the Site will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Site.

Acceptance of terms

(a) These Terms, as amended or replaced from time to time, apply to any Goods and/or Services supplied or to be supplied by Preload Performance to the Customer, or any third person on the Customer’s behalf.

(b) The Customer is deemed to have read, understood and accepted these Terms if at any time they place an Order for Goods through the Website, request a Quote for Goods or Services, or pay any deposit or any other monies in relation to an Order.

(c) Preload Performance reserves the right to amend these Terms at any time at its sole discretion. Any subsequent Order by a Customer constitutes acceptance of the changes.

Governing laws

This contract is governed by the laws of Australia

Orders and Formation of Contract

When making an Order via our online store, you must follow the instructions on the Site as to how to make your Order and for making changes to your Order before you submit it.

Once you select a product that you wish to Order, irrespective of any previous price you have seen or heard, you will then be shown or told (on the Site) the price you must pay including Goods and Services Tax (“GST”) and any other charges, including any charges you are liable to have the products delivered to the address provided by you (“Delivery Fees”). Unless otherwise stated all charges are in Australian dollars.

You must pay for the Order in full at the time of ordering by one of the payment methods we accept on the Site. You must be fully entitled to use the payment method used for purchases. The payment method must have sufficient funds, credit or other payment facilities to cover the purchase. We are not responsible for the decisions of payment providers to allow you to use their service, or provide any warranties or assurances about them. If a particular service is not available to you, you should use another valid payment method. You may elect to store your payment methods to your Account for future purchases. 

We accept online payments from Visa, MasterCard and American Express using stripe

Purchases made using our payment options are subject to the providers terms and conditions.

Stripe Terms and Conditions

From time to time, we may issue you with an invoice as an alternate way to pay. All orders paid for via invoice are subject to the terms and conditions of our website. Goods will be held until full payment of the invoice is made. If you have received an invoice, you must make payment by the due date. Failure to do so will result in the invoice being void. If the item you have ordered and paid for has sold out before money funds have been transferred and received, we will ask you to provide us with your bank details so we can issue you with a full refund. 

At the time your order is picked up or sent from our workshop, ownership of goods is transferred from Preload Performance to the purchaser. 

Cancellation of order and contract

We may terminate a Contract if the product is not available for any reason.  We will notify you if this is the case and return any payment that you have made.  We will refund any money received from you using the same method originally used by you to pay for the product.  If the refund transaction fails we will advise you of this and make arrangements to process the refund via a different method.

If you discover that you have made a mistake with your Order after you have submitted it to the Site and wish to cancel it, please contact us immediately, although please note we cannot guarantee that we will be able to amend or cancel your Order.

If we are able to cancel your order, we will refund the price of your order, to your original payment method, minus the transaction fees already paid.

 

If your order has already been processed and cannot be cancelled, the item must instead be returned to us in accordance with the returns policy.

Product Availability 

All of our lead times and ETA’s are ESTIMATES only. We will try to let you know if we expect to be unable to meet our estimated arrival/delivery time, but, to the extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late or delayed Delivery or availability of your order.

Shipping & Delivery

We offer delivery to your home, business address (must be within an industrial estate) or nearest depot for all of our products, excluding our trays. False declarations (including the incorrect address being provided) at the time of checkout may result in additional fees after the delivery has been made. The receipt and collection of the goods is the responsibility of the individual whose name appears on the order.

By default, you provide authority to leave items at the address specified in your Order.  If the delivery driver deems the area unsafe in their discretion, your Order will be redirected to a collection point, redelivered in the next Delivery run (where available) or returned back to our factory. In this case, we will:

(a) charge you for the redelivery costs incurred by us

Receivers using a business address as a delivery point, need to ensure that the delivery point is manned and operational from 9am-5:30pm Monday-Friday to accept the freight. If a delivery is attempted during this time, but not accepted for any reason, then we will:

(a) charge you for the redelivery costs incurred by us

If delivery or collection is delayed, including where an item has not been collected from the depot within 10 business days of it arriving there, then we, or the courier/depot may (without affecting any other right or remedy available to us) do either or both of the following:

(a) charge you for our reasonable storage fees and other costs reasonably incurred by us; or

(b) no longer make the product available for Delivery or collection and notify you that we are cancelling the applicable Contract, in which case we will refund to you any money paid to us in accordance with our returns policy, less our reasonable administration charges (including for attempting to deliver and then returning the product, and any storage fees and other costs provided for above).

Preload Performance takes no responsibility to any damage caused to any products during transport/freight. Whilst we endeavour to package our products appropriately, items are shipped at buyer’s risk, and are subject to the terms and conditions of our carriers. At the time your order is collected from our workshop (including by the intimated courier), ownership of goods is transferred from Preload Performance to the purchaser. 

Collection of orders

If you opt to collect your order, or arrange a courier to collect your order on your behalf, you will need to do so within 12 business days of being notified that it is ready from our workshop. After this time, we will automatically issue a refund (minus the transaction fee for your order) via your original form of payment. 

Freight Insurance

As neither Preload Performance, nor the carrier are liable for loss/damage, we offer shipping insurance at an additional price for our Australia Post Shipping options (this excludes Customer Arranged freight). Shipping insurance covers loss/damage. Freight insurance covers any potential damages or loss in transit only; once the goods are removed from the delivery vehicle, insurance coverage will end. If you select the ‘Leave Safe Home Delivery’ service and your consignment is lost or damaged after confirmation of leave safe (‘Driver POD’ or system ‘Delivered’ status) then your Freight Warranty is void.

In order to submit a Freight Insurance claim, Preload Performance requires that a copy of the order confirmation and photos that clearly highlight the damage are sent to info@preloadperformance.com.au within 48 hours of the item/s being delivered. 

No consideration will be given to Freight Warranty claims where

notification and all required documentation has not been returned to Preload Performance within this time frame.

Without freight insurance, the customer bears all liability for loss or damage during transit.

CHANGE OF MIND POLICY 

Change of mind returns

In addition to your rights in relation to faulty products, you can return canopies , parts or accessories after you have received them, subject to the following conditions:

(a) you have your original receipt or proof of purchase;

(b) the return is actioned and/or in transit within 7 days of delivery – all return transport is to be arranged by the customer

(c) any fees associated with the return (ie. return shipping costs) are the responsibility of the customer

(d) unused and in a saleable condition;

(e) item/s are in the original packaging, including plastic, and must be in the original condition, including sealed boxes

If determined the return is in compliance with the above conditions, we will:

(a) refund the price of your order, to your original payment method, minus any delivery/shipping fees, freight insurance fees, transaction fees, and a 10% restocking fee.

(b) provide you with a store credit, to the amount of your original order, minus any delivery/shipping fees, freight insurance fees, and a 10% restocking fee.

If determined the return is NOT in compliance with the above conditions, we will:

(a) contact you to ship/provide the product back to you and you will be liable for the shipping costs back to you and or and other fees associated with assessing the item

 

Trays are excluded from our change of mind policy

Faulty Product Returns

We aim to provide you with products of the highest standard and quality.  If you have received a product with a defect, please contact us at info@preloadperformance.com.au as soon as possible so we can guide you through the returns process and help resolve the problem as swiftly as possible. In order to assist the return process, you may be required to send us images of the defect or fault for preliminary assessment. You may be asked to provide further information to support your claim to assist us with our assessment of the goods.

If the product is confirmed to have a defect, we will replace or repair the product (if repair is reasonably possible) or refund the price of the product to your original payment method, as appropriate. If the product is confirmed to have a major defect, you are entitled to choose whether you want us to replace or repair (if repair is reasonably possible) the product or refund the price of the product to your original payment method. If the product is found not to have a defect, deemed out of warranty, or you otherwise do not have a remedy for a failure to comply with the consumer guarantees under the Australian Consumer Law, we will contact you to determine whether you want us to dispose of the product or return the product to you at your expense.

It does not constitute a defect if in our reasonable opinion a product has become of unacceptable quality following the sale to you due to fair wear and tear, misuse, failure to use in accordance with manufacturers’ instructions, using it in an abnormal way or failure to take reasonable care. Minor scratches/scuffs (particularly on our raw aluminium products), weld blisters and mild sheet distortion are all a part of the fabrication process of our products and are considered normal. This may vary product to product and the visibility of this on our website may vary from the product you receive. Minor inconsistencies in the powder coating of our products is considered normal.

Change of mind exchanges 

We cannot process an exchange for you. If you require a different size, colour or alternative item/s, you are required to return the item/s, subject to our returns policy, and place a new order.

 

Store Credit

Conditions for using store credit include:

(a) Store credits must be used by the person to whom the credit was issued.

(b) Store credit is valid for 12 months.  Any balance that remains after the 12 months will be voided and will not be available for use.

(c) Store credit does not accrue interest, nor can it be redeemed or refunded for cash at any time. If you accept store credit for a cancellation or return, and then purchase further items with that store credit, you will only be able to accept store credit for the subsequent cancellation or return of those items – you will not be able to refund or return those further items for money. 

If you cancel or return items purchased using a store credit:

(a)  the refund value of an item is the final price you paid for that item; and

(b)  you are only entitled to receive ‘cash’ refunds for the portion of the total order price you paid for using ‘cash’, and store credit only for the portion paid for using gift cards or store credits (on an item basis).  For example, where total Order price is paid:

(i) entirely by store credits – refunds are offered as store credit only;

(ii) entirely by ‘cash’ – refunds offered as 100% store credit or ‘cash’ (at your election)

Disclaimer and Liability

It is your responsibility to ensure that the products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the products will meet your individual requirements.  You acknowledge that the products are standard and not made bespoke to fit any particular requirements that you may have.

 All products should be used strictly in accordance with any instructions. 

Nothing in these Terms excludes or limits your statutory rights as a consumer or our Liability for:

(a) fraud;

(b) death or personal injury caused by our Breach of Duty;

(c) any breach of the obligations implied or guaranteed by law (including the consumer guarantees under the Australian Consumer Law); or

(d) any other Liability which cannot be excluded or limited by applicable law.

In performing any obligation under these Terms, our only duty is to exercise reasonable care and skill.

Preload Performance trays are designed to support a uniformly distributed load up to the vehicle GVM.

Any mechanical damage caused to the customers vehicle due to the increased vehicle tare weight is not the responsibility of Preload Performance. It is the responsibility of the customer to ensure the road worthiness of their vehicle, and do their research into the implications of fitting any of our products to their vehicle. 

Services provided at our premises 

Where Preload Performance is required to perform Services with respect to a Customer’s Vehicle at the Preload Performance’ Premises:

(a) Unless otherwise agreed, the Customer is responsible for delivering and collecting the Customer’s Vehicle from Preload Performance’ premises at their own cost and within the allocated time frame provided by Preload Performance;

(b) to the extent permitted by law, Preload Performance shall not be liable to the Customer for any Claim arising due to damage or loss of the Customer’s Vehicle while it is on Preload Performance’ Premises;

(c) the Customer’s Vehicle shall be deemed to be bailed to Preload Performance; and

(d) Preload Performance’ may exercise a possessory lien over the Customer’s Vehicle until any amounts outstanding from the Customer are paid to Preload Performance in full.

If the Customer fails to collect the Customer’s Vehicle:

(a) Preload Performance may store the Customer’s Vehicle until it is collected, and the Customer will be liable on demand for any Claim related to Preload Performance’ storage of the Customer’s Vehicle, including but not limited to any storage fees incurred and insurance; and

(b) upon giving at least one month’s written notice to the Customer, Preload Performance may sell or otherwise dispose of the Customer’s Vehicle.

If the customer has paid Preload Performance for a product to be fitted to their vehicle:

(a) it may be necessary for Preload Performance to remove parts from the Customer’s Vehicle (ie. existing tub/tray) in order to carry out the fitment.

(b)The Customer acknowledges and agrees that the Removed Part/s are in most situations unavoidably destroyed and unsuitable for re-use. Preload Performance will dispose of the Removed Part/s unless the Customer advises otherwise.

(c) If the Customer wishes to retain the Removed Parts, they must inform Preload Performance before the commencement of the Services. If so, the Customer must collect the Removed Parts on the day that the Customer’s Vehicle is collected. The Customer is solely responsible for loading and transport of the part/s

Marketing & Media

(a) Preload Performance may take photographs or record video of the Customer’s Vehicle before, during and after providing Services, or obtain such media through social media, Website or email (Media).

(b) Preload Performance may use the media to promote its Goods and Services through social media, press releases, competitions and other forms of self-promotion. When engaging in such promotional activities, the Customer acknowledges and agrees that Preload Performance may disclose the relationship between the parties and the nature of the Goods and/or Services provided, and use and publish any part of the Media as it sees fit.

(c) The Customer may opt out of media being used for promotional activities by contacting Preload Performance in writing.

Indemnity

You indemnify and hold us and our related entities, affiliates, and our and their respective officers, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms or your breach of any law or the rights of a third party.

Interpretation

(a) Headings are for ease of reference only and shall not affect the interpretation or construction of these Terms.

(b) Words imparting the singular shall include the plural and vice versa.  Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership.

(c) Words denoting persons include natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons.

(d) References to includes or including or like words or expressions shall mean without limitation.

(e) as we are purely an online store, ‘cash’ refers to funds that are available to use at your discretion. This is in contrast to ‘store credit’ which can only be used on our site.

 

For any questions or notices, please contact us.

Preload Performance PTY LTD : 25 651 226 998

Email: info@preloadperformance.com

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