Seller Agreement Terms
- The ("Seller") has supplied ("Parts") for sale on the ("Advertiser")'s ("Website").
The Seller accepts these PLM Seller Agreement Terms ("SAT") terms and conditions and agrees to:
- provide information and images of Parts offered for Customer Purchase;
- advertising images in a format of JPEG, TIFF, PNG or any other standard format; and
- pay the Advertiser Fee (commission fee) in accordance with these SAT terms and conditions.
Definition of terms:
Advertiser: "Parts Locator Pty Ltd (ABN 33 831 801 679)" T/as "Parts Locator", "we" , "us" , "our" which is the party providing the "Website" and "Services" to "Sellers.
Advertiser Fee: monthly fees or Sales Commission is the fee charged by the Advertiser for the Services.
Cookie Period: the period of time in days a credited commission will be included from when a Customer visited.
Customer: refers to any person who has access to the Service either as a guest or through an account.
Customer Purchase: when the Customer makes a full purchase of Parts.
Listing: your advertisement and information on the Parts you offer to Customers of this Website.
Parts: your products and goods you offer to Customers of this Website.
Intellectual Property: means: (a) copyright; (b) all rights conferred under statute, common law or equity in relation to inventions (including patents); (c) registered and unregistered trademarks; (d) registered and unregistered designs; (e) circuit layouts; (f) confidential information; and (g) all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields;
Selling Advertiser: someone who can Advertise but not sell on this Website;
Seller: "you" , "your" who are allegeable and provide Listing information on this "Website" to sell Parts.
Services: all advertising and promotional "Services" and "Online Services" we provide you the Seller.
Website: "website" , "Parts Locator Website" , "site" , "apps" and all websites used in relation to the "Services."
Use of the Parts Locator Website
We provide a Parts Locator Website allowing Sellers like you to advertise their Parts for Customers to purchase via our Website.
You will be proving information on your goods as a Seller. This will form your Listing and needs to be presented within the guidelines of this SAT.
By using this Website, you agree to the terms and conditions of this SAT. Paid access is monthly, quarterly or annually. There is also a Seller Advertiser fee also known as the commission fee. Not all Seller Advertisers will be able to sell Parts through this Service as there is a preapproval process by us. Some Seller Advertisers will only be able to advertise and not sell.
You acknowledge that we may request to edit or delete your Listing if it does not adhere to the terms and conditions of this SAT.
Process of Transaction
To the initiate the process of Parts sales the Seller will pay to the Advertiser a subscription fee. Advertiser Fees will be paid in Australian Dollars (AUD) only. The Website will list the Parts for Customers to view. Customers and Sellers will coordinate directly for payment and terms of delivery.
Advertiser Fee or Sales Commission
In consideration of the Advertiser Fee or sales commission the Advertiser must:
- provide the Service of advertising the Parts; and
- adhere to these SAT terms and conditions.
In consideration of Parts being sold to Customers the Seller must:
- compensate the Advertiser the Advertiser Fee or sales commission for the Service.
Goods and Services Tax (GST)
Sellers are responsible for their own GST liabilities. We do not withhold any tax or GST in this regard. All Parts are inclusive of GST unless stated otherwise.
Sellers will have access to the dashboard throughout the transaction. The dashboard provides Sellers with details on Parts sales as well as Customer information. This information may include but not limited to Customer Name, Booking ID and other transaction information.
Eligibility and Registration
To be eligible for use of the Website and Services we may:
- verify commission structures and cookie tracking periods;
- have an account with you to handle commission payments;
- verify with you the details of the Listing; and/or
- decide not to list your Listing pursuant to these SAT terms and conditions.
This website is intended for use by individuals and companies based in Australia. However Customers and User can be worldwide.
Limitations of Use
We are under no obligation to guarantee sales under this SAT.
This SAT is only used for providing advertising for Parts and not a guarantee of sales or work.
You agree to follow the terms and conditions within this SAT.
We retain the ownership of all Intellectual Property rights in and to the Services or Website. You retain the ownership of all Intellectual Property rights of any content or information you submit to the Service. Nothing in these SAT terms and conditions transfer the Intellectual Property Rights to the Services or Website. We grant you a limited, revocable, personal, non-transferable, non-exclusive license to use the Website or Services for Listing purposes in line with the Copyright Act 1968 (Cth). You grant us a royalty-free, sub-licensable, transferable, irrevocable and perpetual licence to use, any contributions you make to the Website in connection with our operation of the Services.
If a Seller breaches any of the SAT terms and Conditions we reserve the right to terminate the SAT agreement.
If under common law we are required to refund our Customers, Sellers will be directly responsible to refund Customers. We will only refund Customers to the extent written in these Terms and at our discretion minus any associated costs, including but not limited to, marketing tools purchased, advertising fees and administration fees.
Any warranty or claim in a Listing is between the Seller and Customer. We can not interfere or adjudicate of any warranty or condition representations made in a Listing.
Disputes with Customers
All Customer disputes are to be handled between the Seller and Customer. We can not interfere or adjudicate any disputes arising for using this Service.
Transit insurance is to be handled between the Seller and Customer. We do not provide transit insurance.
Typically none of the Listings are bringing Parts into Australia therefore customs is not handled by this Service.
Termination and Breach of Terms
We reserve the right to decline, suspend or terminate your Parts Listing and use of the Services, or cease the Services in its entirety, at any time for any reason, including for a breach of these SAT terms and conditions by you or for our own business reasons. If this occurs you will no longer be able to receive benefit to some or all of the Services, as determined by us.
Where we terminate your Parts Listing and use or a part of the Service for a breach of these SAT terms and conditions by you, we will have no liability to you. Where we terminate your Parts Listing for our own business reasons, we will refund you any prepaid fees which have not yet been used. To the extent permitted by law, you will not otherwise be entitled to a refund of any prepaid fees albeit monthly or annually.
This SAT does not create an exclusive relationship between the parties. We are free to engage other Sellers to advertise of the same or similar nature to those provided by you, and you shall be entitled to offer and provide Parts to others, solicit other clients and otherwise advertise the services you offer.
Changes and Variations
We may change, suspend or discontinue any part of the Services at any time in our sole discretion and without any liability to you. We may revise, change or modify these SAT terms and conditions at any time by making updated SAT terms and conditions available through the Website. Continued use of the Services will be deemed acceptance of the updated SAT terms and conditions.
You must not use the Website or Services for any purpose not permitted or contemplated by this SAT (or otherwise not authorised by us), or which is unlawful.
To the extent permitted by law:
- you are responsible for your access to and use of the Website, including for other people's use of the Service using your user name, password and/or answers to security questions (with or without your permission) not limited to the Listing;
- we are not in any way liable to any party for any indirect, incidental, special or consequential damages or loss (without limitation including damages for loss of profits, business interruption, loss of information or damage to systems due to viruses or other harmful components) arising from the provision of, or your access to or use of, the Website; and
- any guarantee, warranty, term or condition is implied or imposed into these SAT terms and conditions by legislation and cannot be excluded, then our liability for breach of that guarantee, warranty, term or condition is limited to the re-supply of the Services, or the payment of the cost of re-supplying the Services.
Complaints and Disputes
If you have any concerns or complaints regarding the Services, please report it to email@example.com. While we hope that we will be able to resolve any complaints you may have without needing to involve third parties, the escalation is to lodge a complaint with a relevant regulator in your State or Territory. No third party is entitled to enforce any term under this agreement under any applicable source of contract law.
Release and Indemnity
In consideration of us (which expression shall be taken to include our servants, agents, officers and directors, successors or assignees) agreeing to permit you use of the Website and Services:
I release partslocator.com.au from all claims which I have, now or later against partslocator.com.au whether for: personal injury (including death and disability) or otherwise, and whether occasioned by:
- breach of contract;
- breach of statutory duty; or
suffered as a result of or in connection with my using the Website and Services.
I indemnify and will at all times in the future indemnify partslocator.com.au against all proceedings, actions, claims or demands made by any person for: personal injury (including death and disability) or otherwise, and whether occasioned by: suffered as a result of or in connection with my using the Website and Services.
We will provide the Website or Services with due care and skill but except to the fullest extent permitted by law, we do not warrant that the Website or Services will be provided without fault or disruption.
To the fullest extent permitted at law and except as expressed to the contrary these SAT terms and conditions, we exclude all liability to you or anyone else for loss or damage of any kind, including consequential loss and damage (however caused or arising) relating in any way to the Website or Services including, but not limited to, loss or damage you might suffer as a result of:
- incorrect Listing information from other Sellers;
- errors, mistakes or inaccuracies on our Services and Website;
- any unauthorised access to or use of our secure servers located in Australia;
- any bugs, viruses, or other harmful code or communications which may be transmitted to or through our Website or Services by any third party;
- you acting, or failing to act, on any information contained on or referred to on the Website or Services and/or any linked website;
- personal injury or property damage of any nature resulting from your access to, and use of, the Website or Services and any purchases made from the Website;
- any limitations stated in these SAT terms and conditions;
- any interruption or cessation of transmission to or from our Services and Website; and/or
- failures or deficiencies in relation to the merchantability or fitness for any purpose of any Service appearing on any linked sites not operated by us or our related entities.
Except if and to the extent only required by law or as otherwise set out in these SAT terms and conditions, we do not warrant, endorse, guarantee or assume responsibility for any Service advertised or offered by a third party at the Website or Services or any linked website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party providers of products and services.
Where any law implies a warranty into these SAT terms and conditions which may not be lawfully excluded then to the fullest extent allowed by law, our liability for breach of the warranty will be limited to the minimum remedy provided for in that law.
We do not take responsibility for direct or indirect damages, or consequential losses suffered by use of fraudulent or unauthorised web addresses. The only authorised access point is partslocator.com.au with no characters before or after.
It is important that you determine prior to purchase, whether a Service is suitable for you.
Entire agreement: These SAT terms and conditions comprise the entire agreement between you and us in relation to your access to and use of the Website and Services.
Applicable law: The provision of the Services and these SAT terms and conditions, including all of the rights and duties of the parties arising from or relating in any way to the provision of the Services and these SAT terms and conditions, are governed by the laws of New South Wales, and we and you each submit to the exclusive jurisdiction of those courts.
Severability: If any of these SAT terms and conditions are invalid, unenforceable or illegal, the remaining SAT terms and conditions will continue to apply.
Assignment: You must not assign or novate these SAT terms and conditions or otherwise deal with their benefit or a right under them without our prior written consent, which may be withheld at our absolute discretion. We may at any time, without notice to you, novate or assign our rights and obligations under these SAT terms and conditions, and to the extent necessary you hereby consent to such novation, assignment or transfer.
Waiver: No waiver of a right or remedy under these SAT terms and conditions is effective unless it is in writing and signed by the party granting it.