Welcome to The BSM Sport Website (www.bsmsport.com.au). By accessing this web site, you agree to be bound by the terms and conditions of use. If you visit or shop at BSM Sport, you accept these terms and conditions. Please read them carefully. In addition, when you use any current or future BSM Sport service or visit or purchase from any business affiliated with BSM Sport, whether or not included in the BSM Sport Web site, you will be subject to the guidelines and terms and conditions applicable to such service or business.
Access to and use of the information, products and services available through this site (collectively, the "Services") are subject to the following terms and conditions. By using the Services, you are agreeing to these terms and conditions. Please direct any questions to: Barrie Smith Motorsport Pty Ltd, PO Box 796 Yass NSW 2582.
Unless expressly provided herein, the Services are licensed to you for your online viewing only. No further reproduction or distribution of the Services is permitted.
When you visit Bsmsport.com.au or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT, TRADEMARK AND SERVICE-MARK NOTICES
All content included on this web site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of BSM Sport or its content suppliers and protected by Australian and international copyright laws. The compilation of all content on this site is the exclusive property of BSM Sport and protected by Australian, United States and international copyright laws. All software used on this site is the property of BSM Sport or its software suppliers and protected by Australian, United States and international copyright laws. Copyright ? 2007, BSM Sport, PO Box 796 Yass NSW 2582.. All rights reserved.
The BSM Sport, Bsmsport.com.au and other marks indicated on our web site are registered trademarks of Barrie Smith Motorsport Pty Ltd, BSM Sport or its affiliates, in Australian or other countries. These and other BSM Sport graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of BSM Sport, BSM Sport or its affiliates. BSM Sport's trademarks and trade dress may not be used in connection with any product or service that is not BSM Sport's, Barrie Smith Motorsport Pty Ltd's in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BSM Sport All other trademarks not owned by BSM Sport or its affiliates that appears in this site are the property of its respective owners, who may or may not be affiliated with, connected to, or sponsored by BSM Sport or its affiliates.
This web site is for your personal use only. You may not modify, copy, distribute, display, reproduce, publish, transmit, license, create derivative works from, transfer or sell any information or services obtained from this web site. However, you may download copyrighted material for their individual and non commercial use only. BSM Sport and other names of BSM Sport products and services are trademarks and/or service marks owned by BSM Sport and may not be used without the prior written consent of BSM Sport. Other service or product names referred to throughout this web site may be the trademarks, or service marks of their respective owners.
LICENSE AND SITE ACCESS
BSM Sport grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of BSM Sport. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the prior express written consent of BSM Sport. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BSM Sport and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising BSM Sport's name or trademarks without the express written consent of BSM Sport. Any unauthorised use terminates the permission or license granted by BSM Sport.
No sites may link to the Bsmsport.com.au Web site without the express prior written permission of BSM Sport Ordinary and automatic terms and conditions for consensual linking shall include, without limitation: (1) our right to demand that the link be removed if we believe, in our sole discretion, that the context of the link is inappropriate, inaccurate or otherwise objectionable, and (2) we determine, in our sole discretion, whether or not we want to be associated, affiliated or connected with another Web site in any manner. Merely because a link may exist on another third-party site to this Web site, whether with or without our knowledge and/or permission, does not mean that BSM Sport approves of, sponsors or is associated with the third-party Web site or its goods or services. Before linking, please submit requests for a link to BSM Sport.
RESPONSIBILITY FOR YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Bsmsport.com.au does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Bsmsport.com.au only with involvement of a parent or guardian. Barrie Smith Motorsport Pty Ltd, Bsmsport.com.au and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
LINKS TO INTERNET WEB SITES MAINTAINED AND OPERATED BY THIRD PARTIES
This web site contains links to Internet web sites maintained and operated by third parties. Neither BSM Sport, nor its agents, nor its representatives operate or control in any way any information, products, or services contained on such third party web sites. Links to Internet web sites maintained and operated by third parties are included solely for the benefit of you, and do not constitute any endorsement by BSM Sport , its agents or representatives. You expressly assume any and all responsibility related to their use of links to Internet web sites maintained and operated by third parties. In addition, we provide links to the sites of Authorised BSM Sport Dealers, affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. BSM Sport does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
INDEMNIFICATION OF BSM Sport
As a condition of using this web site, you agree to indemnify and hold harmless BSM Sport, its officers, directors, employees and agents, and their respective successors and assigns, from and against any cause of action, loss, liability, damage, cost or expense of any nature whatsoever, whether accrued, absolute, contingent or otherwise, including, without limitation, attorney's fees and costs (whether or not suit is brought), arising out of claims resulting from your use of this web site, including, without limitation any claims alleging facts that if true would constitute a breach by you of these Conditions of Use.
COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to BSM Sport on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain BSM Sport property. Such disclosure, submission or offer of any Comments shall constitute an assignment to BSM Sport of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, BSM Sport will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. BSM Sport is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to you any compensation for any Comments; or (3) to respond to any of your Comments. You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead. You shall remain solely responsible for the content of any Comments you make. You agree that BSM Sport may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your personal identity. By participating in Site sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that BSM Sport may use your information for marketing and promotional purposes.
RISK OF LOSS
All items purchased from BSM Sport are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT INFORMATION AND DESCRIPTIONS
Most BSM Sport products displayed at the Site are available in select Authorised BSM Sport Dealers stores in the Australian and select foreign markets while supplies last. In some cases, merchandise displayed for sale at the Site may not be available in Authorised BSM Sport Dealers stores. The prices displayed at the Site are quoted in Australian Dollars and are valid and effective only in Australian. BSM Sport attempts to be as accurate as possible. However, BSM Sport does not warrant that product descriptions, color (actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate) or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by BSM Sport itself is not as described, your sole remedy is to return it in unused and unopened condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
1. The materials on this web site are to be used for informational purposes only and may include inaccuracies or typographical errors. Changes are periodically made to the information on this web site. BSM Sport reserves the right to make improvements and/or changes to the content of this web site at any time, with or without notice. BSM Sport makes no representations about the suitability of the information and services contained on this web site for any purpose. To the full extent permissible by applicable law, BSM Sport disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. BSM Sport does not warrant that this site, its servers, or E-mail sent from BSM Sport are free of viruses or other harmful components. BSM Sport will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
All information and services contained in this web site are provided on an "AS IS" and "AS AVAILABLE" basis without warranty of any kind, expressed or implied, as to the operation of this site or the information, content, materials, or products included on this site, and no advice or information published by BSM Sport, its agents or representatives shall create any warranty. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimer may not apply to you, and you might have additional rights.
2. BSM Sport cannot control and edit content provided by a third party prior to transmission on this web site, nor can BSM Sport ensure prompt removal of inappropriate or unlawful content after transmission. Third party postings are not reviewed for truth or accuracy and do not represent the opinions, beliefs, or statements of BSM Sport.
3. In no event shall BSM Sport , its agents or representatives be held liable for any direct, indirect, punitive, incidental, special or consequential damages, including attorney's fees, lost profits, or lost revenues, arising from or in any way connected with the use of this web site or with the delay or inability to use this web site, or otherwise arising out of the use of this web site, whether based on contract, tort, strict liability or otherwise, even if BSM Sport and/or its agents or representatives have been advised of the possibility of damages. Portions of the above limitation may not be applicable to those person's residing in states or jurisdictions which do not allow the exclusion or limitation of liability for consequential or incidental damages.
By visiting Bsmsport.com.au you agree that all legal issues arising from or related to the use of the Bsmsport.com.au web site and its services shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the state of NSW applicable to contracts entered into and wholly to be performed within said state, unless expressly stated to the contrary elsewhere within these Conditions of Use.
Any dispute relating in any way to your visit to Bsmsport.com.au or to products you purchase through BSM Sport shall be submitted to confidential arbitration in Melbourne, VIC, except that, to the extent you have in any manner violated or threatened to violate BSM Sport's intellectual property rights, BSM Sport may seek injunctive or other appropriate relief in any state or federal court in the state of VIC, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Conditions of Use shall be conducted under the rules then prevailing of the VIC Arbitration Association or similar. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Conditions of Use shall be joined to an arbitration involving any other party subject to these Conditions of Use, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Pricing Policy, posted on this site. These policies also govern your visit to BSM Sport.com.au. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. It is your sole responsibility to regularly review such terms and conditions. Continued use of this web site following any such changes shall constitute your acceptance of such changes.
TERMS OF SALE AND CREDIT
1.1 The words
(a) "BSM Sport" means Barrie Smith Motorsport Pty Ltd ACN 087 761 528.
(b) "Customer" means the applicant for a credit account with BSM Sport in respect of the Parts and/or to whom the Parts are sold and/or in whose name an account is maintained by BSM Sport for the purchase of the Parts.
(c) "Parts" means all Parts ordered by the Customer under this Agreement.
(d) "GST" means a Goods and Services Tax as defined in A New Tax System (Goods and Services) Act 1999.
2.1 BSM Sport will use reasonable endeavours to complete delivery of the Parts, however, delivery dates or periods quoted are estimates only and subject to prompt receipt by BSM Sport of all information from the Customer necessary to permit BSM Sport to proceed with the supply and/or delivery and/or installation of the Parts.
2.2 BSM Sport has no liability whatsoever for any loss or damage suffered by the Customer as a consequence of any delay or failure to deliver any of the Parts irrespective of the cause.
3. PURCHASE PRICE
3.1 The purchase price unless otherwise stated does not include any delivery charges, packaging, freight and insurance, all of which may be added to the purchase price or otherwise will be paid by the Customer or reimbursed by the Customer to BSM Sport as BSM Sport may elect.
3.2 All expressed prices, charges, fees or other amounts payable by the Customer to BSM Sport have been calculated without including an amount for GST, unless it is clearly stated that the prices, charges, commissions, fees or other amounts payable include GST. Each payment made by the Customer to BSM Sport will be made together with an additional amount equal to the GST on the supply or component of the supply (made or to be made) giving rise to or in connection with the payment.
4. PAYMENT TERMS
4.1 Terms of payment are in accordance with the Customer's credit approval as amended in writing from time to time or otherwise 7 days from the date of invoice.
4.2 BSM Sport may at its discretion charge interest on any monies which are overdue at the rate of four percent (4%) per annum over the base Westpac Indicator Lending Rate as quoted periodically calculated on a daily basis. Any payment subsequently voided by any statutory entitlement is deemed not to have been made.
5. PASSING OF RISK AND TITLE
5.1 Risk in the Parts passes to the Customer upon the earlier of delivery of the Parts to the Customer or to a carrier for delivery to the Customer.
5.2 Title in the Parts passes to the Customer when all monies owing to BSM Sport on any account whatsoever have been fully paid by the Customer.
5.3 Before payment the Customer holds the Parts on trust for BSM Sport.
5.4 The customer will cause the Parts to be kept separate and conspicuously identified as BSM Sport 's; treat the Parts with all proper care; insure the Parts against all usual risks and ensure that the interest of BSM Sport is noted with the insurer.
6.1 The Customer has no right of cancellation of any order where items have been specifically ordered for that Customer.
7. COMPLIANCE WITH ORDER AND DEFECTIVE PARTS
7.1 Unless the Customer gives written notice within 48 hours of receipt of the Parts then the delivery of the Parts is deemed to be in complete compliance with and in satisfaction of the order.
7.2 The Customer waives any claim whatsoever against BSM Sport in respect of the Parts unless 48 hours written notice is given.
7.3 Where the Customer gives notice, BSM Sport has the right to examine any of the Parts.
7.4 BSM Sport is not obliged to accept the return by the Customer of any of the Parts unless the Parts are defective.
7.5 BSM Sport is not under any obligation to compensate the Customer for labour or other expenses incurred by the Customer in removing or replacing defective Parts.
8. LIMITATION ON LIABILITY
8.1 BSM Sport 's liability to the Customer arising in connection with the supply or use of the Parts, including defective Parts whether under common law, equity or statute and whether direct or indirect is limited (to the extent permitted by law and not otherwise expressly provided for) to the cost of replacement of the Parts or supply of equivalent Parts
8.2 BSM Sport has no liability for any incidental, consequential or indirect damages.
8.3 To the extent permitted by law and except as provided herein, all implied conditions, warranties, and representations are hereby expressly negated and excluded.
8.4 BSM Sport is not liable for failure to perform or complete any of its obligations hereunder due to causes beyond the reasonable control of BSM Sport.
9.1 In the event of any default by the Customer in respect of payment, BSM Sport is authorised in the name of the Customer and in this respect and for all related purposes the Customer irrevocably appoints BSM Sport its attorney and in the name and as the act of the Customer:
(a) where the Parts have not been resold to enter upon any premises and take back into its possession any Parts;
(b) where the Parts have been resold to be subrogated to the Customer's rights in respect of the Parts held by any third party and take back into its possession any Parts.
9.2 The Customer hereby indemnifies and saves harmless BSM Sport in respect of any action taken by it under the preceding paragraph.
10. CREDIT APPLICATION
10.1 It is a condition of this Agreement that the Customer has complied with BSM Sport 's requirements as to security for payment specified by BSM Sport in the Customer's credit approval or as stated by BSM Sport prior to acceptance of an order or as required by BSM Sport at any time after acceptance should BSM Sport consider such requirement is reasonable.
11.1.1 A reference to a party to this document includes that party's successors and permitted assigns.
11.2 Governing law and jurisdiction
11.2.1 This document is governed by the law applicable in New South Wales. Each party submits to the non-exclusive jurisdiction of the Courts of New South Wales.
11.3 Entire agreement
11.3.1 This agreement contains all the terms on which Parts are sold and credit is given.
11.4.1 A variation of this agreement must be in writing and signed by or on behalf of each party to it.
11.5 Joint and several liability
11.6 Where there is more than one Customer the liability of each is joint and several.