TERMS & CONDITIONS
FIRST AUTO PARTS PLUS PTY LTD (ACN 007 357 717)
(“we”, “our”, “us”)
Effective Date: 13/10/2025
Last Updated: 22/10/2025
1. Introduction and Acceptance
These Terms and Conditions (“Terms”) apply to all dealings with First Auto Parts Plus Pty Ltd (ACN 007 357 717) (“we”, “our”, “us”), including but not limited to browsing our website, requesting a quote, placing an order, purchasing goods or services, accepting delivery, or otherwise engaging with us — whether in person, by phone, by SMS/text, by email, via online web-chat, or through authorised sales channels including third-party marketplaces and social-media platforms such as eBay, Facebook, Messenger, and Gumtree.
By carrying out any of the above activities, you acknowledge that you have read, understood, and agree to be bound by these Terms, which form the entire agreement between you and us.
These Terms operate in conjunction with our Privacy Policy, which outlines how we collect, use, disclose, and protect information, manage communications and data, and operate our digital and in-store systems.
If you do not agree with any part of these Terms, you should refrain from browsing our website, placing an order, accepting delivery, or otherwise engaging with us.
2. Definitions
Throughout these Terms:
a. “Agreement” means these Terms and any invoice, order confirmation, or online checkout record;
b. “Goods” means spare parts, goods, materials, and services supplied or provided by us to you;
c. “Invoice” means any invoice issued by us to you for the sale of Goods;
d. “Major Mechanical Items” includes engines, gearboxes, and differentials;
e. “You” means the person, firm, or corporation purchasing from us, including your employees, agents, successors, and assigns, and where two or more entities are involved, each entity jointly and severally.
3. Entire Agreement
a. The Agreement constitutes the entire agreement between you and us.
b. You acknowledge that you have not relied on any verbal, implied, or prior representations as to any aspect of the Agreement.
c. Any variation must be in writing and signed or electronically accepted by both parties.
4. Orders and Acceptance
a. All prices are in Australian Dollars (AUD) and include GST unless otherwise stated.
b. Order confirmations are acknowledgements only and do not constitute acceptance.
c. Orders are accepted once full payment has been received and a dispatch confirmation has been issued.
d. We may cancel or refuse any order in circumstances including but not limited to:
i. stock unavailability;
ii. suspected fraudulent activity; or
iii. pricing or listing errors.
5. Payment Terms
a. Payment must be made in full unless otherwise agreed in writing.
b. Approved credit accounts payment is due as specified in individual agreements. Typical agreements are of 7 days, 30 days or End Of Month (EOM)
c. Capricorn account holders’ invoices will be sent to Capricorn for processing.
d. Overdue amounts incur interest at two percent (2%) per annum above the rate imposed by section 2 of the Penalty Interest Rates Act 1983 (Vic).
e. You are liable for any costs incurred by us in recovering overdue amounts or enforcing our rights under the Agreement.
6. Supply and Delivery
a. Unless otherwise stated in writing, time for supply or delivery is not an essential term, and any timeframe provided is an estimate only.
b. Delivery may be made by us, by a nominated carrier, or by collection from our premises. Where you arrange your own freight or pickup, delivery is deemed complete when the Goods are made available for collection.
c. We may, at our discretion, supply Goods of equivalent make, model, or specification where the exact item ordered is unavailable, provided the replacement performs the same function to the same or higher standard.
d. Where a substituted item is supplied, you will be notified and may elect to:
i. accept the replacement; or
ii. return the item in unused condition within a reasonable period for a full refund or exchange.
e. Risk in the Goods passes to you upon the earlier of:
i. delivery to your nominated address, carrier, or agent; or
ii. collection from our premises,
even if title has not yet passed.
f. You are responsible for checking all Goods immediately upon receipt and notifying us of any shortages, visible damage, or errors within two (2) business days of delivery or collection.
f.1. In the event that an incorrect, faulty, or damaged item is supplied, our responsibility is limited to replacement, exchange, or refund of the affected Goods in accordance with these Terms. You agree that no claim may be made against us for any consequential loss, labour, fitting or removal costs, downtime, loss of income, or other indirect expenses arising from the supply, installation, delay, or use of such Goods.
g. Freight and Transit. We will use our best endeavours to ensure all Goods are properly packaged and handled to withstand normal transport conditions. Where freight, towing, or shipping is arranged through third-party providers (including couriers, freight forwarders, or towing contractors), those services are provided subject to the carrier’s own terms and conditions.
If any issue arises during transit, we will assist in liaising with the carrier and use reasonable efforts to help resolve the matter promptly. However, unless otherwise agreed in writing, we are not liable for any loss, delay, demurrage, additional charges, or consequential loss arising from damage, misplacement, withholding, or loss of Goods during transport once they have left our control.
In cases where Goods are severely damaged, destroyed, or irreparable in transit and the carrier’s claim process does not provide a timely remedy, we may, at our discretion, offer an equivalent replacement item or a refund if an identical product is unavailable. Any such resolution will be carried out within a reasonable timeframe as a gesture of goodwill and without admission of liability.
h. Any claims for transit damage must be directed to the carrier unless we have arranged the freight on your behalf and have expressly agreed in writing to assume that risk.
j. Warranty support and service are available Australia-wide in accordance with Section 10 (Warranty and Consumer Rights).
7. Title and Security Interest (PPSA)
a. Title to the Goods does not pass to you until full payment has been received.
b. Until full payment is made, you:
i. hold the Goods as our bailee and trustee;
ii. must store the Goods separately, clearly marked as our property, and insure them with a reputable insurer noting our interest; and
iii. may resell the Goods only as our agent, holding sale proceeds on trust for us.
c. We may, if payment is not made by the due date, enter your premises or any premises under your control and take possession of the Goods using reasonable force, without liability for trespass.
d. These provisions constitute a security agreement for the purposes of the Personal Property Securities Act 2009 (Cth) (“PPSA”).
e. You consent to us registering our security interest and waive any right to receive a verification statement.
f. You agree not to register, or permit registration of, any other interest or encumbrance in the Goods without our written consent.
8. Returns and Cancellations
a. You may cancel an order in writing prior to dispatch. You remain liable for any reasonable costs incurred by us up to the date of cancellation.
b. We may, at our discretion, accept returns within seven (7) days of the sale date if:
i. Goods are returned in original condition with proof of purchase; and
ii. the Goods were not custom-made for you.
c. Electrical and electronic components (including but not limited to ECUs, BCMs, TCMs, PCMs, instrument clusters, body/engine/transmission control modules, sensors, looms, infotainment units, and similar modules) are sold on a strictly non-returnable basis where the reason is misdiagnosis, change of mind, or incorrect ordering. Warranty applies only where a defective or faulty part is supplied. Any claim will be subject to re-testing by us (or our nominated agent) before a refund or replacement is authorised. Where re-testing reveals no fault found, reasonable testing/diagnostic costs may be deducted or charged..
d. Programming/coding and compatibility. Programming, coding, immobiliser/VIN matching, software updates and configuration are the customer’s responsibility unless expressly agreed in writing. Returns are not accepted where an item is functional but incompatible, not programmed, or incorrectly coded to the vehicle.
e. Condition on return (where a return is permitted). Electrical/electronic items must be returned complete, untampered, with all labels and security seals intact, free of physical damage, corrosion or contamination, and accompanied by proof of purchase. Items showing evidence of opened housings, soldering, water ingress, impact, heat damage, reverse polarity or jump-start surge will not be accepted.
f. Panel and Body Components. It is the customer’s responsibility to ensure that all panels, doors, guards, bonnets, bumpers, and other body components are trial-fitted and checked for suitability and alignment prior to preparation, repair, or painting.
i. No return, refund, or warranty claim will be accepted under any circumstances where any sanding, repair, filler, primer, or paintwork has been applied to the item, or where the panel has been modified or altered from its as-supplied condition.
ii. You acknowledge that once surface preparation or paint application has commenced, the product is deemed accepted and non-returnable.
g. Return freight costs are your responsibility unless otherwise agreed in writing.
h. Deposits or partial payments may be used to offset costs incurred in cancellation.
9. Major Mechanical Items
a. Scope & Condition.
Engines are sold in bare-long configuration. “Bare long” includes the main assembly (block, head, sump, and internal components) only. Any ancillaries left fitted at the time of sale — including but not limited to fuel injectors, injection pumps, turbochargers, manifolds, wiring looms, sensors, clutch, flywheel, vacuum/fuel/coolant hoses — are supplied for convenience/testing only and are not covered.
Differences in electrical connectors, sensors, or fittings are common and must be checked for compatibility prior to installation. Differences in wiring looms, connectors, or plug locations are the customer’s responsibility and are not grounds for return, refund, or compensation.
b. Pre-installation Requirements (Engines).
Before fitting a replacement engine you must:
i. correctly diagnose the original engine’s failure and rectify the root cause;
ii. flush or renew the entire cooling system;
iii. replace thermostat, new water pump, oil cooler(s), engine oil and all filters;
iv. for second-hand engines, replace all external seals, gaskets and welch/core plugs;
v. replace timing belt/chain and tensioners; and
vi. use correct manufacturer-specified lubricants and fluids;
vii. for second-hand engines, oil or fluid leaks and seepage are not covered by warranty; all external seals, gaskets and welch/core plugs must be renewed prior to installation;
viii. timing belts, chains and tensioners are service items and are not covered by warranty; they must be renewed prior to installation.
c. Fitment Deadline & Competency.
The engine must be installed within 30 days of the invoice date and fitted/commissioned by a suitably qualified professional at a licensed mechanical workshop. Improper or unqualified installation may void warranty coverage (see Section 10).
Self-installation or installation by an unqualified person is strongly discouraged. Where a Major Mechanical Item has been self-installed or installed by an unqualified person, you acknowledge and agree that:
i. warranty assessment cannot proceed without diagnostic documentation from a qualified technician;
ii. any fault, damage, or operating issue arising from incorrect installation, improper setup, contamination, incorrect fluids, or supporting-system failure is not covered under warranty;
iii. any inspection, removal, teardown, transport, or repair performed without our prior written approval is at your sole cost and may void warranty; and
iv. insufficient or incomplete qualified diagnostic evidence may result in denial of the warranty claim.
Nothing in this clause limits your non-excludable rights under the ACL; however, you acknowledge that proper warranty investigation requires qualified evidence, and that self-installation may prevent verification of the claimed fault.
d. Cooling / Overheat Evidence.
Overheated engines are not covered by warranty. Heat tabs are fitted and may be relied upon as evidence of over-temperature operation.
e. Prohibited Configurations.
Use of substandard, incompatible, or mechanically fatiguing accessories/devices, or reuse of faulty/damaged ancillary components, may cause failure and void warranty. This includes radiators, intercoolers, oil coolers, injectors, turbochargers, sensors and related components, as well as any aftermarket-fitted or non-standard accessories such as secondary air-conditioning systems, auxiliary pumps, generators or power-take-off (PTO) units.
f. Compatibility & Transfers.
You must inspect and confirm compatibility prior to installation and transfer necessary components from your original unit. We are not responsible for any external parts, systems, or components that may affect performance or reliability of the supplied product.
g. Inspection and Return for Diagnosis.
In the event of a suspected fault or warranty claim, we may require the Major Mechanical Item — or, if agreed in writing, the entire vehicle — to be returned to our premises for inspection and testing. Where return to us is impractical, we may nominate or authorise a preferred qualified professional to perform diagnostic inspection on our behalf.
i. No repairs, modifications, or reassembly will occur without your prior consent, except where reasonably required as part of the inspection process to determine the presence or cause of a fault.
ii. If inspection determines that the supplied product is not faulty or that the issue arises from external causes (including installation error, supporting-component failure, or inadequate maintenance), you agree to pay reasonable costs associated with transport, inspection, testing, and any materials or labour used.
iii. If the product is found to be defective, we may, at our discretion, repair, replace, or refund the affected item in accordance with Section 10.
h. Labour and Associated Costs.
Labour costs for installation, removal, or ancillary repairs are not included in the sale price unless expressly stated in writing.
i. Indemnity.
You indemnify us for any damage or loss caused by improper installation, overheating, incorrect fluids/lubrication, lack of maintenance, continued use after fault symptoms, or use of incompatible components.
j. Non-transferable Warranty.
Warranty coverage for Major Mechanical Items applies only to the original purchaser named on the invoice and is not transferable to subsequent owners.
k. Warranty Process Cross-Reference.
Where a warranty claim arises for a Major Mechanical Item, the procedures in Section 10 (Warranty and Consumer Rights) apply, including professional diagnosis, forms, and inspections where required.
l. Gearboxes & Transmissions.
i. Oil leaks are not covered under warranty. We recommend replacing the torque-converter seal prior to installation.
ii. Torque converters, flywheels, clutch assemblies, spigot bushes/bearings, clutch forks, pivot balls, and slave cylinders or release bearings must be installed and aligned correctly. Any failure or damage resulting from incorrect installation, misalignment, or omission of these components is not covered under warranty.
iii. The transmission cooling system must be thoroughly flushed and a new service kit (including filter, gaskets, and fluid) installed prior to fitting the gearbox or transmission to the vehicle. Contamination, restricted flow, or cooling failure may result in damage that voids warranty coverage.
m. Differentials.
i. Sensors, brake lines, electrical wiring, brake rotors, brake pads, brake drums, brake shoes, wheel studs, pinion flanges, and diff covers are not covered under warranty.
ii. Oil leaks are not covered under warranty. We recommend replacing axle and pinion seals prior to installation.
10. Warranty Process and Consumer Rights
a. These Terms operate in addition to your rights under the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law (ACL). Nothing in these Terms excludes or limits those rights.
b. We warrant that:
i. Used or reconditioned spare parts sold by us will be of acceptable quality and fit for purpose for a period of six (6) months from the date of sale, unless otherwise stated in writing;
ii. Rust-free panels will remain free from structural rust for twelve (12) months under normal atmospheric conditions;
iii. An extended or additional warranty may be offered at our discretion for a period beyond six (6) months and not exceeding twelve (12) months. Any such extension will be expressly stated on the relevant tax invoice or sales documentation. Where an extended warranty applies, all other terms, limitations and exclusions in this clause remain in full effect;
iv. Product warranty coverage applies Australia-wide across all states and territories. Service, replacement or support under warranty is available anywhere within Australia in accordance with these Terms;
v. All products must be installed, fitted, or assembled by a suitably qualified person. Failure to ensure correct professional installation may void warranty coverage; and
vi. Parts and labour warranty (where specified on invoice). Certain Goods may include both parts and labour warranty as specified on the tax invoice at the time of sale. Any labour reimbursement is only redeemable upon mutual written agreement between you and First Auto Parts Plus Pty Ltd. Such agreement must be made in direct communication with a suitably qualified professional and confirmed in writing prior to any work being undertaken. Where applicable, labour reimbursement is capped at AUD $110 (incl. GST) per hour and limited to VACC Auto Data book/Capricorn time guides.
c. Warranty Claims and Process
Warranty claims must be lodged with the original sales outlet within the applicable warranty period shown on your invoice and must include proof of purchase and reasonable evidence of the alleged fault.
i. Standard parts. You must contact our staff before returning any item. We may request photos, part numbers, or basic fault details to assist the initial assessment. All Goods must be returned for inspection prior to any replacement, repair, or refund being approved.
ii. Major Mechanical Items (including engines, gearboxes, and differentials). A detailed process applies. You must first contact our staff to report the issue. Following this communication, you will be provided with Major Mechanical Warranty Forms, which must be fully and clearly completed before any warranty discussion or assessment can proceed. Once the completed forms are received, they will be reviewed for accuracy and completeness, and—if accepted—an investigation will be commenced. We may contact you and/or the vehicle’s owner or operator (as nominated on the form) to verify details, gain insight, and obtain information that aids the investigation.
As stated, inspection, diagnosis, and reporting must be carried out by a suitably qualified professional (such as a licensed mechanic, engine rebuilder, or transmission specialist). Claims submitted without completed forms or professional documentation will not be accepted.
Warranty claims may or may not be approved based on the results of the investigation. All findings will be communicated to you. Where a claim is approved, we will work with you to reach an amicable and suitable resolution within a reasonable timeframe. We are responsible for our product (including necessary repairs and associated costs directly relating to the item supplied); any further or consequential costs are not our responsibility.
If a fault or failure is found to result from improper installation, operation, or lack of care—including damage, excessive wear, or complete failure of the product—we will not be held responsible for any associated or resulting costs. If a claim is denied, we will nonetheless communicate with you to discuss how we may assist in rectifying the issue or replacing the item by sale of another product.
Failures of Major Mechanical Items such as engines, transmissions, or differentials most commonly arise from incorrect or poor-quality installation, improper lubrication, cooling deficiencies, modifications from manufacturer design, lack of care, abuse, reuse of faulty or damaged components, or misdiagnosis caused by inadequate competence, knowledge, or workmanship.
Where inspection or testing of a Major Mechanical Item is required, the process will be carried out in accordance with our Major Mechanical Inspection & Diagnostic Agreement, which forms part of these Terms by reference. Customers may be required to sign this Agreement prior to any inspection, transport, or disassembly taking place
iii. Electrical & Electronic Goods – Warranty Process. For electrical/electronic items, you must first contact our staff and provide: (i) the VIN and part number(s); (ii) a brief fault description; and (iii) professional diagnostic evidence (e.g., scan tool reports, DTC codes, scope traces or test results). The item must be returned for bench re-test before any outcome is determined.
d. Subject to clause 10(e), we will repair or replace defective Goods using new or used components at our discretion, or provide a refund of the purchase price. Reasonable return-freight costs will be reimbursed only where pre-approved in writing. For electrical/electronic Goods, repair or replacement (or refund) is subject to successful re-test confirming defect.
e. Exclusions. This warranty does not apply where:
i. Goods have been modified, altered, repaired, or dismantled;
ii. Goods are incomplete, improperly installed, overheated, insufficiently lubricated, or otherwise damaged through misuse, negligence, or poor maintenance;
iii. Major Mechanical Items fail due to incorrect fluids, contaminated systems, continued operation after fault symptoms appear, or failure to follow manufacturer guidelines or the pre-installation requirements set out in Section 9(b);
iv. Transport or freight damage occurring after dispatch is not considered a product defect under this warranty and will be managed in accordance with Section 6 (Supply and Delivery); or
v. Substandard, incompatible, or mechanically fatiguing accessories or components have been used.
vi. Items that are functional but not coded/programmed, not paired to immobiliser/VIN, or otherwise incompatible with the recipient vehicle;
vii. Failures resulting from incorrect programming, tuning, software flashing, reverse polarity, short circuits, jump-starting surges, over-voltage, water/chemical ingress, heat/impact damage, or tampering (including broken seals);
viii. Faults arising from wiring faults, poor grounds, aftermarket modifications, or external components (sensors/actuators/relays) that damage an otherwise sound module.
ix. Any panel or body component that has been sanded, filled, primed, repaired, or painted after delivery, as such preparation constitutes acceptance of the item’s fit and condition.
f. Any third-party repairs or work carried out without our prior written approval void this warranty. We reserve the right to inspect any claimed item before approving replacement or refund.
g. Our liability under this warranty is strictly limited to the repair, replacement, or refund of the Goods only. You agree that we will not be liable for any labour costs, removal or installation charges, diagnostic fees, loss of use, vehicle downtime, loss of income, or other indirect or consequential losses, whether arising in contract, tort, or otherwise.
h. In the Event of a Warranty Claim. If a warranty issue arises, we will assess the Goods in accordance with these Terms and, where a valid claim is established, may repair, replace, or refund the affected item at our discretion. This remedy constitutes our entire obligation under the warranty. You must not invoice, deduct, or charge us for any losses, costs, or expenses arising from such supply, including labour, downtime, or loss of income.
i. Duration and Non-Renewal of Warranty. Replacement, exchange, or repair of Goods under warranty does not restart or extend the original warranty period. The warranty period runs from the original date of sale shown on the invoice, regardless of whether any part is replaced or repaired during that time. If an extended warranty has been granted, its duration likewise runs from the original sale date and does not renew upon replacement or repair.
j. Sale of Goods Without Warranty. In certain circumstances, Goods may be sold without any warranty or guarantee. This may include, but is not limited to, items that are core-damaged, incomplete, untested, or otherwise not fit for regular retail sale, or items sold to suit or for reconditioning, rebuild, or repair. Where this applies, it will be clearly noted on the front of the tax invoice or sales documentation at the time of purchase. Acceptance of such a sale constitutes acknowledgment by you that the Goods are purchased “as-is” and without warranty, refund, recourse, or redress, and that no claim may be made against us in respect of any fault, defect, or subsequent failure relating to those Goods.
k. Nothing in this section reduces or excludes any rights you may have under the ACL that cannot be excluded by law.
l. Electrical items – invoice notice. For clarity, all electrical items (including but not limited to ECUs, BCMs, TCMs, PCMs and other modules) are sold on a strictly non-returnable basis due to misdiagnosis or incorrect ordering. Warranty applies only where a defective or faulty part has been supplied and is confirmed by re-testing, after which a refund or replacement may be authorised in accordance with these Terms.
m. Return-to-Base or Approved Professional Inspection (Major Mechanical Items)
Where a potential warranty issue arises and sufficient diagnostic capability, tools, or expertise are not available at the installer’s premises, First Auto Parts Plus Pty Ltd may, by agreement with the customer, arrange for either:
• the product and/or vehicle to be returned to our premises for thorough inspection and testing; or
• the product and/or vehicle to be assessed by a suitably qualified third-party professional or approved inspection facility nominated by us.
i. The purpose of such inspection is solely to determine whether the supplied product is faulty or whether the failure arises from external causes such as installation error, incorrect fluids, cooling deficiencies, tuning, or other vehicle-related issues.
ii. If, after inspection, the product is found not to be at fault or the cause of failure is determined to be unrelated to our supplied Goods, the matter will not constitute a warranty claim. In such cases, the customer agrees to pay all reasonable inspection, labour, testing, diagnostic, materials, handling, transport, towing, and freight costs incurred.
iii. If the product is found to be defective or faulty, First Auto Parts Plus Pty Ltd will, at its discretion, repair, replace, or refund the affected item in accordance with these Terms, and any reasonable inspection and return-freight costs will be covered by us.
iv. Any further work requested beyond the definitive inspection — including repairs, rectification, reassembly, or vehicle-related works — will be carried out only upon the customer’s authorisation and at the customer’s cost, unless otherwise agreed in writing.
v. All inspections, whether performed by us or by an approved professional, will be documented, and findings communicated to the customer as part of the warranty determination process.
11. Limitation of Liability
a. To the extent permitted by law, our total aggregate liability—whether in contract, tort (including negligence), equity, under statute, or otherwise—is limited to, at our option, the repair or replacement of the Goods, or refund of the purchase price paid for those Goods.
b. Except to the extent expressly required by the ACL, we are not liable for any indirect, incidental, special, or consequential loss or damage. This includes, but is not limited to, loss of profit, revenue, business, goodwill, opportunity, data, vehicle damage, downtime, towing, storage, hire, or other third-party costs, whether foreseeable or not.
c. We are not responsible for losses or damages arising from incorrect installation, misuse, failure to follow manufacturer guidelines, failure to perform required maintenance, or use of incompatible or modified components.
d. You agree that any claim or action against us must be made within twelve (12) months of the event giving rise to the claim. After this time, we will have no further liability.
e. Nothing in these Terms excludes, restricts, or modifies any statutory rights or guarantees that cannot lawfully be excluded under the Australian Consumer Law. Where such rights apply, our liability is limited to the minimum extent permitted by law.
12. Credit Facilities
a. Any credit facility we provide may be withdrawn or varied at any time at our sole discretion without prior notice.
b. You charge, as security for payment of all money owing, all present and future assets, and agree to execute any further documentation required for registration of this charge.
c. Our rights under this clause are in addition to any other rights or remedies available under law.
13. Dispute Resolution
a. Except for debt recovery actions or urgent interlocutory relief, the parties agree that any dispute, controversy, or claim arising out of or in connection with these Terms — including matters relating to the supply of Goods, warranties, payments, or performance of obligations — must first be dealt with under this clause before legal proceedings are commenced.
b. Either party may initiate the dispute-resolution process by giving the other party written notice outlining the nature of the dispute and the outcome sought. Within ten (10) business days of that notice, the parties must use their best endeavours to resolve the matter in good faith through direct negotiation.
c. If the dispute remains unresolved after that period, the parties must submit the matter to mediation to be conducted before a mediator jointly appointed by the parties, or, failing agreement, appointed by the Law Institute of Victoria. The mediation will take place in Melbourne, Victoria, unless otherwise agreed in writing.
d. Each party must bear its own costs of preparing for and attending the mediation, and the costs of the mediator will be shared equally.
e. If the dispute is not resolved within twenty (20) business days after the appointment of a mediator, either party may then commence legal proceedings.
f. Nothing in this clause prevents either party from taking immediate steps to recover outstanding debts or seeking urgent injunctive or interlocutory relief where appropriate.
14. Privacy and Data Security
a. We collect, use, store, and disclose personal and business information in the course of supplying Goods, providing services, managing trade accounts, processing payments, and communicating with customers. All information is handled in accordance with our Privacy Policy, which forms part of these Terms.
b. Our Privacy Policy explains how we collect, use, and disclose information, including for marketing, analytics, warranty administration, account management, and service improvement, and how you can access or correct your personal information or make a privacy complaint.
c. We use secure systems and take reasonable steps to protect all personal, financial, and transaction data against unauthorised access, alteration, disclosure, or destruction.
d. Payment information is processed only through secure, PCI-compliant third-party gateways. We do not store full credit-card details on our servers or local systems.
e. By engaging with us, you consent to our use of your information in accordance with these Terms and our Privacy Policy, including communications relevant to your purchase, warranty, or account.
f. We may use aggregated or de-identified information for internal reporting, analytics, or business-improvement purposes. No individual will be personally identifiable in such data.
g. We do not sell or rent customer information. Personal data is disclosed only to trusted service providers, freight partners, or warranty agents as necessary to fulfil transactions or comply with legal obligations.
h. Some administrative, customer-service, or support functions may be performed by authorised personnel located outside Australia. Where this occurs, information may be accessed or processed by those personnel solely for legitimate business purposes and in accordance with our Privacy Policy and the Australian Privacy Principles.
i. We may record or monitor phone calls and electronic communications (including emails, text messages, and online chat services) for training, quality assurance, and record-keeping purposes. By communicating with us, you consent to such monitoring and recording.
j. Call recordings and transcripts are stored securely and used only for internal reference, staff training, verification of transactions, or to assist in resolving disputes.
k. We may use automated or AI-assisted systems—including pre-set question-and-answer tools, chatbots, or message assistants—to respond to enquiries, collect preliminary information, and improve service efficiency. These systems may generate responses based on programmed data, prior interactions, or publicly available information.
l. Interactions with these systems may be recorded, logged, or transcribed for quality assurance, training, or operational improvement. All information collected or processed through such systems is handled in accordance with our Privacy Policy.
m. While AI-assisted tools are monitored and reviewed by our staff, they may not always reflect the full judgment of a company representative. You are encouraged to contact our staff directly for clarification or formal advice regarding any product, warranty, or transaction matter.
15. Information Accuracy and Use
a. Information provided by us — whether displayed on our website, supplied by email or text message, discussed over the phone, provided via online web-chat, or provided in person, or published through third-party marketplaces and social-media platforms (including eBay, Facebook, Messenger, and Gumtree) — is for general guidance only and may change without notice.
b. We take reasonable care to ensure accuracy; however, product descriptions, prices, fitment data, stock levels, and images may be generated automatically or supplied by third parties and could contain errors or omissions.
c. You acknowledge that any reliance on such information is at your own risk and that it is your responsibility to confirm suitability and compatibility of Goods prior to purchase or installation.
d. You must not misuse or interfere with any of our digital platforms, attempt to gain unauthorised access to our systems, or use automated tools to collect or reproduce information without permission.
16. Intellectual Property and Marketing Materials
a. All materials created or published by First Auto Parts Plus Pty Ltd, including but not limited to website content, catalogues, printed brochures, signage, imagery, videos, text, branding, logos, trademarks, and social-media content, are owned by or licensed to us and are protected by copyright, trademark, and other intellectual-property laws.
b. No part of these materials may be copied, reproduced, adapted, distributed, uploaded, posted, or reused in any form without our prior written consent.
c. You may view or print information for personal reference relating to your dealings with us, but any commercial use or republication is strictly prohibited.
17. Third-Party Services and Links
a. Our website, quotations, invoices, or verbal communications may include links or references to external websites, suppliers, freight providers, or third-party marketplaces for your convenience or information.
b. Such references or links do not constitute endorsement, and we accept no responsibility or liability for the content, pricing, or conduct of any third party.
c. When you engage directly with a third-party provider — whether online, by phone, or in store — your dealings are subject to that provider’s own terms and conditions.
18. Governing Law and Jurisdiction
a. These Terms are governed by the laws of Victoria and the Commonwealth of Australia.
b. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria and their appellate courts in respect of any dispute or claim arising under or in connection with these Terms.
c. These Terms are written in English. Any translation provided is for convenience only, and the English version prevails to the extent of any inconsistency.
19. Force Majeure
a. We are not liable for any delay or failure in performance of our obligations under these Terms where such delay or failure arises from any cause or circumstance beyond our reasonable control.
b. Such causes or circumstances may include, but are not limited to, acts of God, fire, flood, extreme weather, pandemic, epidemic, war, terrorism, industrial disputes, strikes, lockouts, government restrictions, transport interruptions, supplier failure, material shortages, or breakdown of plant or equipment.
c. If a Force Majeure event occurs, we may suspend or cancel the affected order or performance of our obligations without liability, and we will notify you as soon as reasonably practicable.
20. Indemnity
a. You agree to indemnify and hold harmless First Auto Parts Plus Pty Ltd, its directors, officers, employees, contractors, and agents from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable legal costs on a solicitor–client basis) arising out of or connected with:
i. your breach of these Terms;
ii. your misuse, modification, or improper installation of the Goods;
iii. any negligent act, omission, or misrepresentation by you or your agents; or
iv. any claim made by a third party arising from your handling, resale, or use of the Goods.
b. This indemnity survives completion of the transaction and termination of these Terms.
21. Severability and Waiver
a. If any provision or part of a provision of these Terms is held to be invalid, illegal, or unenforceable, that provision or part will be severed to the minimum extent necessary, and the remaining provisions will continue in full force and effect.
b. No failure, delay, or partial exercise by us in enforcing any right, power, or remedy under these Terms constitutes a waiver of that right, power, or remedy, and any waiver must be in writing to be effective.
22. Interpretation
a. Headings are for convenience only and do not affect the interpretation of these Terms.
b. References to “including” or “includes” are not words of limitation and mean “including, but not limited to.”
c. A reference to a person includes a corporation, partnership, joint venture, association, authority, trust, state, or government.
Contact Details
First Auto Parts Plus Pty Ltd
ABN 67 007 357 717 | ACN 007 357 717
Address: 40 Brunel Road Seaford Victoria 3198
Email: sales@firstautoparts.com.au
Phone: (03) 8770 2222
