WARRANTY TERMS & CONDITIONS

Please note that all orders accepted by and goods supplied by LOVELLS
AUTOMOTIVE SYSTEMS PTY. LTD are subject to the standard Terms &
Conditions of Sale as published from time to time by the Company. The
following conditions of Warranty and Returns are also applicable.
Any modification to Terms / Conditions, Warranty or Returns will only be
recognised if specifically agreed to and in writing by LOVELLS AUTOMOTIVE
SYSTEMS PTY. LTD.

1. Interpretation
In these Terms and Conditions of Sale (“Terms”), “Goods” means the goods
subject of the Contract; LOVELLS AUTOMOTIVE SYSTEMS PTY. LTD. means the
entity selling the Goods; “Buyer” means the entity purchasing the Goods;
“Contract” means each contract between LOVELLS AUTOMOTIVE SYSTEMS
PTY. LTD. and the Buyer for the sale and purchase of the Goods and “order”
includes “offer”.

2. Terms and Conditions
The only terms of the Contract are those agreed to in writing by LOVELLS
AUTOMOTIVE SYSTEMS PTY. LTD. These Terms (to the extent they are not
inconsistent with terms agreed to in writing by LOVELLS AUTOMOTIVE
SYSTEMS PTY. LTD.) and those which are implied or imposed by law (including
the Trade Practices Act 1974) to the extent that it is not lawful or possible to
exclude them. All other terms, conditions and warranties are expressly
excluded. If a conflict arises between the terms of any order made by Buyer
and these Terms, these Terms will prevail.
An agreement to deliver the Goods in instalments is taken to be a separate
Contract for each instalment. These Terms and each Contract including them
are governed by the laws of New South Wales and LOVELLS AUTOMOTIVE
SYSTEMS PTY. LTD. and Buyer submit to the jurisdiction of the courts of that
State. If a term is held to be unenforceable, the remaining terms will apply.

3. Quotations and Orders
Any quotation made by LOVELLS AUTOMOTIVE SYSTEMS PTY. LTD. will not be
construed or operated as an offer or obligation to sell. LOVELLS AUTOMOTIVE
SYSTEMS PTY. LTD. reserves the right to accept or reject in its absolute
discretion any order received by it. Buyer will not be entitled to cancel or
refuse delivery of, or payment for, any order made by it which has been
accepted by LOVELLS AUTOMOTIVE SYSTEMS PTY. LTD.

4. Price
The price payable to LOVELLS AUTOMOTIVE SYSTEMS PTY. LTD. by Buyer for
the Goods will be the price agreed; failing it will be the price prevailing at the
date the Goods are dispatched by LOVELLS AUTOMOTIVE SYSTEMS PTY. LTD.
for the delivery to Buyer. Prices are payable in Australian currency and
exclusive of delivery costs, taxes, duties and other imposts which, if

changeable, are payable by Buyer. Prices quoted in any LOVELLS
AUTOMOTIVE SYSTEMS PTY. LTD. pricelist are suggested prices only and may
be changed by LOVELLS AUTOMOTIVE SYSTEMS PTY. LTD. without notice.

5. Payment
Buyer must pay cash for the Goods on delivery or, at LOVELLS AUTOMOTIVE
SYSTEMS PTY. LTD. absolute discretion, strictly within 30 days of delivery.
LOVELLS AUTOMOTIVE SYSTEMS PTY. LTD. will appropriate payments first to
outstanding interest and then to outstanding accounts in the date order
rendered.

6. Overdue Accounts
If Buyer fails to pay all or part of any amount to LOVELLS AUTOMOTIVE
SYSTEMS PTY. LTD. when due, interest will be payable on that amount from its
due date until it is paid in full at a rate equivalent to 2% per annum above the
overdraft rate from time to time charged to LOVELLS AUTOMOTIVE SYSTEMS
PTY. LTD. by its principal banker.

7. Delivery
LOVELLS AUTOMOTIVE SYSTEMS PTY. LTD. will make all reasonable efforts to
deliver the Goods on the dates agreed, to the place or carrier designated by
Buyer. LOVELLS AUTOMOTIVE SYSTEMS PTY. LTD. has the right to make
delivery in instalments and to deliver those Goods available for delivery. Buyer
has no right to terminate the Contract because of a delay in delivery.

8. WARRANTY
LOVELLS AUTOMOTIVE SYSTEMS PTY. LTD. warrants that its products are
manufactured to S.A.E – Society of Automotive Engineers – specifications for
the particular product. LOVELLS AUTOMOTIVE SYSTEMS PTY. LTD. further
warrants that all products sold here under are free from defects in material and
workmanship. LOVELLS AUTOMOTIVE SYSTEMS PTY. LTD. will, as its sole
option, repair or replace any products supplied by it which are found to be
defective in either materials or workmanship providing that LOVELLS
AUTOMOTIVE SYSTEMS PTY. LTD. is actually notified in writing from Buyer of
the alleged defect within ninety (90) days from the date of invoice. Any claim
not made within this period shall conclusively be deemed waived by the Buyer.
Repair or replacement is preconditioned on the examination of the goods by
LOVELLS AUTOMOTIVE SYSTEMS PTY. LTD. and, if requested by LOVELLS
AUTOMOTIVE SYSTEMS PTY. LTD. return of the goods to LOVELLS
AUTOMOTIVE SYSTEMS PTY. LTD. No products are to be returned to LOVELLS
AUTOMOTIVE SYSTEMS PTY. LTD. without written consent, according to
procedures outlined herewith and noted on Warranty and Credit claim forms
(available upon request), and the receipt by the Buyer of specific shipping
instructions. LOVELLS AUTOMOTIVE SYSTEMS PTY. LTD. shall not be liable for
any expense incurred by Buyer in order to repair any defect in its products.
LOVELLS AUTOMOTIVE SYSTEMS PTY. LTD. shall not be liable for any
consequential, special, in direct or contingent damage or expense arising

directly or indirectly from any defect in its products or from use of any
products. This warranty does not apply to (1) Goods no longer required by
Buyer, (2) Goods incorrectly chosen by Buyer, or (5) Goods modified or altered
by Buyer (including changing colour).
EXCEPT AS SET FORTH HEREIN, AND EXCEPT AS TO TITLE, IT IS EXPRESSLY
AGREED (a) THAT THERE IS NO WARRANTY OR MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, NOR OTHER WARRANTY EXPRESS,
IMPLIED OR STATUTORY NOR ANY AFFIRMATION OF FACT, OR PROMISE BY
LOVELLS AUTOMOTIVE SYSTEMS PTY. LTD. WITH REFERENCE TO THE
GOODS WHICH EXTENDS BEYOND THE SPECIFICATIONS, AGREED UPON BY
LOVELLS AUTOMOTIVE SYSTEMS PTY. LTD. AND THE BUYER AND (b) THAT
THE BUYER IF ANY MUTUALLY ACKNOWLEDGES THAT IT IS PURCHASING
THE GOODS SOLELY ON THE BASIS OF THE COMMITMENTS OF LOVELLS
AUTOMOTIVE SYSTEMS PTY. LTD. EXPRESSLY SET FORTH HEREIN. NO
PERSON IS AUTHORISED TO CHANGE OR ADD TO ANY OF LOVELLS
AUTOMOTIVE SYSTEMS PTY. LTD. OBLIGATIONS UNDER THIS WARRANTY IN
NO EVENT SHALL LOVELLS AUTOMOTIVE SYSTEMS PTY. LTD. BE LIABLE FOR
ANTICIPATED PROFITS OR FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
Buyer agrees to indemnify and hold LOVELLS AUTOMOTIVE SYSTEMS PTY.
LTD. harmless from and against any loss, injury or damage, to person or
property, that extends beyond the warranties set forth above, whether the
claims against LOVELLS AUTOMOTIVE SYSTEMS PTY. LTD. or the damages are
incidental or consequential.
LOVELLS AUTOMOTIVE SYSTEMS PTY. LTD manufactured Coil Springs are
covered by a five (5) year unlimited km warranty and leaf springs by a five (5)
year unlimited km warranty to the original purchaser against defective work in
manufacturing and materials. Lovells Extreme Race Coil Springs are covered by
a 12 month warranty to the original purchaser against defective work in
manufacturing and materials.
LOVELLS AUTOMOTIVE SYSTEMS PTY. LTD Gas Legend and Eliminator brand
Shock Absorbers are warranted against faulty materials and workmanship when
used for their designated purpose for a period of three (3) years from the retail
date of sale or 70,000 km whichever occurs first, unless additional warranty
terms are specifically agreed upon by LOVELLS AUTOMOTIVE SYSTEMS.
LOVELLS AUTOMOTIVE SYSTEMS PTY. LTD Platinum Series Shock Absorbers
are warranted against faulty materials and workmanship when used for their
designated purpose for a period of four (4) years from the retail date of sale or
100,000 km whichever occurs first, unless additional warranty terms are
specifically agreed upon by LOVELLS AUTOMOTIVE SYSTEMS.
LOVELLS AUTOMOTIVE SYSTEMS PTY. LTD Suspension Components are
warranted against faulty materials and workmanship when used for their

designated purpose for a period of two (2) years from the retail date of sale or
40,000 km whichever occurs first, unless additional warranty terms are
specifically agreed upon by LOVELLS AUTOMOTIVE SYSTEMS.
LOVELLS AUTOMOTIVE SYSTEMS PTY. LTD Towing Components are warranted
against faulty materials and workmanship when used for their designated
purpose for a period of two (2) years from the retail date of sale or 40,000 km
whichever occurs first, unless additional warranty terms are specifically agreed
upon by LOVELLS AUTOMOTIVE SYSTEMS.
LOVELLS AUTOMOTIVE SYSTEMS PTY. LTD Cooling System Components are
warranted against faulty materials and workmanship when used for their
designated purpose for a period of one (1) year from the retail date of sale or
unlimited km whichever occurs first, unless additional warranty terms are
specifically agreed upon by LOVELLS AUTOMOTIVE SYSTEMS.
Warranty does not apply to any products manufactured to special order or to
customer’s specification or drawings, unless specifically agreed upon by
LOVELLS AUTOMOTIVE SYSTEMS PTY. LTD.
No claim for warranty or guarantee will be considered for products supplied by
LOVELLS AUTOMOTIVE SYSTEMS PTY. LTD. unless installation has been
carried out strictly in accordance with LOVELLS AUTOMOTIVE SYSTEMS
installation instructions which are supplied by LOVELLS AUTOMOTIVE
SYSTEMS PTY LTD on request.
Warranty on non LOVELLS AUTOMOTIVE SYSTEMS PTY. LTD. manufactured
product, either locally purchased or imported, will be the warranty as offered by
the original manufacturer or distributor.
LOVELLS AUTOMOTIVE SYSTEMS PTY. LTD. warrants the original buyer, only
when purchased new via authorised LOVELLS AUTOMOTIVE SYSTEMS PTY.
LTD. Resellers, Distributors, Stockists and Authorised dealers, from date of
sale. Product is warranted against defects in material or workmanship that
cause the product to perform below the specified limits set by LOVELLS
AUTOMOTIVE SYSTEMS PTY. LTD. to the extent that LOVELLS AUTOMOTIVE
SYSTEMS PTY. LTD. will repair or replace any parts which are found to be
defective. All warranty claims must be submitted via original purchasing
Distributor, Stockist, Authorised Dealer, Store or chain, unless otherwise
arranged. Proof of original purchase must be presented upon request.
Products may require to be returned to LOVELLS AUTOMOTIVE SYSTEMS PTY.
LTD. for assessment or repair. Postage and removal costs involved are not the
responsibility of LOVELLS AUTOMOTIVE SYSTEMS PTY. LTD. and may be
considered upon discretion by LOVELLS AUTOMOTIVE SYSTEMS PTY. LTD. in
the event of such claim being verified. This warranty does NOT apply where, 1)
acts of neglect or misuse are evident, 2) product has been modified, 3)
vehicles which are modified or not the recommended vehicle of use, 4) used in
racing or competition conditions without the prior consent of LOVELLS

AUTOMOTIVE SYSTEMS PTY. LTD., 5) used beyond the expectations of the
original vehicle manufacturer. Before installation of any product, please ensure
you have received the correct parts for your application. Ordering of the correct
parts is the responsibility of the Buyer. Return of a product in an un-used
condition will attract a 15% restock fee, where LOVELLS AUTOMOTIVE
SYSTEMS PTY. LTD. is not at fault.
Return of used or soiled product, 1) outside warranty period, 2) without fault,
will result in refusal of your claim and be returned at Buyer’s expense. Damage
to products through fitment error is not covered under warranty.
Modification of product – where on site modification is necessary due to time
constraints customer must notify Lovells’ Research & Development Manager
and gain written approval before proceeding with any emergency modifications.
9. Design and Legalities of Product
LOVELLS AUTOMOTIVE SYSTEMS shall supply goods that are compliant to
Australian State Roadworthy Laws and A.D.R. (Australian Design Rules), based
on listed/catalogued items only.
LOVELLS AUTOMOTIVE SYSTEMS shall not be liable in respect of any
infringement of any state law arising from:
(a) Fitting or supplying of products to an un-roadworthy vehicle or a vehicle
that has been raised or lowered in contravention of Australian State Laws.
(b) Supply of goods that are special and do not conform to Australian State
Roadworthy Laws and regulations.
10. Damage
Buyer acknowledges that the Goods leaving LOVELLS AUTOMOTIVE SYSTEMS
PTY. LTD’s premises are adequately packed. Claims for damage in transit must
be made against the carrier and, while LOVELLS AUTOMOTIVE SYSTEMS PTY.
LTD. will not accept liability for any damage, details of any claim must be
promptly advised to LOVELLS AUTOMOTIVE SYSTEMS PTY. LTD. Prior to
acknowledging delivery to the carrier, Buyer must be endorsed on the carrier’s
note. Any shortages and/or damages must be reported to LOVELLS
AUTOMOTIVE SYSTEMS PTY. LTD. within 72 hours of receipt.
11. Title
11.1 Title to the Goods will not pass to Buyer until the earlier of:
(a) LOVELLS AUTOMOTIVE SYSTEMS PTY. LTD. being paid in full under
Contracts; or
(b) the sale Buyer of the Goods in its ordinary course of business (in which
case Buyer must keep accurate account of each sale, hold the proceeds of
each sale separate from Buyer’s own money and pay LOVELLS AUTOMOTIVE
SYSTEMS PTY. LTD. in full from the proceeds of the purchase price of each sale
despite that the payment is not otherwise due).
11.2 Until title to the Goods passes to Buyer, Buyer must:

(a) hold the Goods as bailed for LOVELLS AUTOMOTIVE SYSTEMS PTY. LTD.
and keep them in good order and condition.
(b) not remove any markings placed by LOVELLS AUTOMOTIVE SYSTEMS PTY.
LTD. and ensure that the Goods can be readily identified and distinguished from
other property in Buyer’s possession; and
(c) deliver the Goods to LOVELLS AUTOMOTIVE SYSTEMS PTY. LTD.
immediately upon demand and, for this purpose, LOVELLS AUTOMOTIVE
SYSTEMS PTY. LTD. is authorised to enter at any time any premises on which
the Goods may be located (the costs incidental to which will be borne by
Buyer).
12. Risk
Risk in the Goods (including insurance responsibility) passes to Buyer on
delivery of the Goods to the place or carrier designated by Buyer or, if sooner,
possession of the Goods passes to Buyer or its agent.
13. Implied Terms, Limitation of Liability and Buyers Indemnity
13.1 Subject to Clause 2, LOVELLS AUTOMOTIVE SYSTEMS PTY. LTD’s liability
for any breach of a condition or warranty imposed or implied by law in respect
of any Goods or services which are not of a kind ordinarily acquired for
personal, domestic or household use or consumption (provided that this
provision does not apply if Buyer establishes that it is not fair or reasonable for
LOVELLS AUTOMOTIVE SYSTEMS PTY. LTD. to rely on it) will be limited to:
(a) in the case of Goods supplied, any one or more of the following (as
LOVELLS AUTOMOTIVE SYSTEMS PTY. LTD. may determine): (i) replacement of
the Goods or the supply of equivalent goods; (ii) repair of the Goods; (iii)
payment of the cost of replacing the Goods or of acquiring or obtaining
equivalent goods; or (iv) payment of the cost of having the Goods repaired; and
(b) in the case of services supplied, any one of the following ( as LOVELLS
AUTOMOTIVE SYSTEMS PTY. LTD. may determine); (i) supplying the services
again; or (ii) payment of the costs of having the services supplied again.
13.2 Subject to the Terms, LOVELLS AUTOMOTIVE SYSTEMS PTY. LTD. will not
be liable for any loss, damage, expense or injury of any kind or nature suffered
or incurred by Buyer or any person, arising out of or in connection with, the
Contract ( including, without limitation, liability due to negligence or wilful
default of LOVELLS AUTOMOTIVE SYSTEMS PTY. LTD. and any delay in
delivery) or any error (whether negligent or not) in information supplied to
Buyer in connection with its subject matter or the use, possession or delivery of
the Goods or the exercise by LOVELLS AUTOMOTIVE SYSTEMS PTY. LTD. of its
rights under Clause 15 and Buyer will indemnify LOVELLS AUTOMOTIVE
SYSTEMS PTY. LTD. in relation to any such loss, damage, expense or injury.
14. Claims
Return of goods will only be accepted by LOVELLS AUTOMOTIVE SYSTEMS
PTY. LTD. after written authority to return such goods has been given by
LOVELLS AUTOMOTIVE SYSTEMS PTY. LTD. and the goods, including

packaging, will be in good condition and re-saleable.
Any claim made by Buyer must be in writing and contain the particulars
specified in the LOVELLS AUTOMOTIVE SYSTEMS PTY. LTD’s “Application for
Exchange or Credit” or “Application for Warranty” and be received by LOVELLS
AUTOMOTIVE SYSTEMS PTY. LTD. within 14 days after delivery of Goods.
Subject to the Contract, no claim for credit will be recognised where (1) the
Goods are made to special order or Buyer’s specifications or drawings, (2) are
no longer required by Buyer, (3) are returned without the particulars required
by this Clause, (4) Buyer has modified or altered the Goods (including changing
colour) or (5) if the LOVELLS AUTOMOTIVE SYSTEMS PTY. LTD. catalogue
stipulates that return will not be accepted. If Buyer insists on returning the
Goods, it must pay LOVELLS AUTOMOTIVE SYSTEMS PTY. LTD. a handling fee
equal to 40% of the price of the Goods.
Freight and handling charges for all authorised returns will be on the basis that
all costs are to be borne by the Customer unless specifically approved in
writing by LOVELLS AUTOMOTIVE SYSTEMS PTY. LTD..
15. Force Majeure
Despite any other term or condition of the Contract, LOVELLS AUTOMOTIVE
SYSTEMS PTY. LTD. will not be liable for any loss, damage, expense or injury of
any kind or nature suffered or incurred by Buyer or any other person, arising
out of or in connection with any delay in delivery, or failure to perform any other
term or condition of the Contract where that delay or failure is caused by an act
of God, fire, labour dispute, civil commotion, intervention of a government.
Inability to obtain labour, materials or manufacturing facilities, accidents,
interruptions of or delay in transportation or any other cause beyond LOVELLS
AUTOMOTIVE SYSTEMS PTY. LTD’s reasonable control.
16. Errors or Omissions
LOVELLS AUTOMOTIVE SYSTEMS PTY. LTD. has the right to correct any
clerical errors or omissions, whether in computation or otherwise in any
quotation, acknowledgment or document forming part of a Contract.
17. Breach by Buyer
If Buyer breaches a Contract or LOVELLS AUTOMOTIVE SYSTEMS PTY. LTD. is
not satisfied of a Buyer’s ability to pay or otherwise comply with each Contract,
LOVELLS AUTOMOTIVE SYSTEMS PTY. LTD. may by notice to Buyer, but
without compensation, terminate every Contract, suspend or cease deliveries
under all Contracts, set-off all deposits against amounts due and made all
amount then outstanding by Buyer to LOVELLS AUTOMOTIVE SYSTEMS PTY.
LTD. immediately due and payable.
18. Waiver
LOVELLS AUTOMOTIVE SYSTEMS PTY. LTD’s right under the Contract are
cumulative and in addition to any other rights. No delay or failure by LOVELLS

AUTOMOTIVE SYSTEMS PTY. LTD. to enforce any right is a waiver or that right
any waiver by LOVELLS AUTOMOTIVE SYSTEMS PTY. LTD. of any term or
breach of the Contract is not to be taken as a Continuing waiver or a waiver of
any subsequent breach.

Effective: 12th May 2020.