These are the terms of service (“ToS”) on which Scotty’s Motorsport Services (“we”,”us” and “our”) supplies products and services to its customers (“you” and “your”). Each time we accept an order for a product or service whether by sending an acceptance of order, supplying the product or service, or issuing an invoice, a contract for the supply of that product or service shall come into existence between Scotty’s Motorsport Services and the customer that is subject to the terms and conditions set out below and any other terms and conditions agreed by us in writing, to the exclusion of any other terms or conditions specified by the customer orally or in writing within terms of purchase or terms of trade. We reserve the right to amend or replace these ToS from time to time at our discretion. 1. PRICING & PAYMENT 1.1. All products supplied by us must be paid for in full. If prior to providing a quotation we have agreed in writing to credit arrangement with you, payment must be made in accordance with those arrangements. 1.2. All services provided by us must be paid in full prior to the delivery of the goods or completion of the work. 1.3. Products or services with a value exceeding $2,000.00 AUD will be required to pay up front and in-full unless otherwise agreed. 1.4. Quotations issued by us are not inclusive of shipping, transport or delivery unless otherwise stated within the quotation. 1.5. If any payment is not made by the due date then we may demand payment of all sums owing to us by the customer, regardless of whether the time for payment has arrived and in addition we shall without prejudice, be entitled to suspend performance of any supply until payment has been made. 2. DELIVERY & RISK 2.1. Any time for delivery stated by us is an estimate only and whilst we will do everything in our power to deliver by any requested delivery date, it does not warrant that such date will be met. In no case shall we be liable for any loss or damage resulting directly or indirectly from a failure to deliver by any specific date. 2.2. Risk in all products supplied passes when the customer or the customer’s carrier collects the product from us. Ownership of the products shall not pass to the customer until we have received payment in full for such products as well as payment for all other products and/or services supplied by us to the customer. 2.3. We are entitled to perform partial delivery and partial service if deemed reasonable by us to meet timelines. 3. PRODUCTS & SERVICES 3.1. All orders for products or services shall be deemed an offer to purchase the items specified in the order which we may, at our discretion, accept or decline. 3.2. We shall be entitled to sub-contract to any third party to supply any services, or produce any products within our customer’s order. 3.3. The customer shall have no right to disassemble, decompile, reverse engineer, manufacture or have manufactured any product supplied by us. 3.4. Any vehicle or other property of the customer in the possession or under the control of Scotty’s Motorsport Services at any place or any time is at the customer’s risk in all respects and we will not be liable for any loss of or damage to that vehicle or property caused by it. 3.5. Where a product or service is supplied for the purpose of motorsport use, or is used by the customer for or in any way related to motorsport, the following applies; 3.5.1. No warranties shall apply to the product or service even if we have specified a warranty period for that product or service. 3.5.2. The customer acknowledges and agrees that the product or service has been designed, manufactured or performed exclusively for motorsport use and may not be fitted or used in any form of vehicle on a public road. 3.5.3. The product or service must be fitted or installed by a qualified engineer or technician who has experience in motorsport and specifically trained to install or perform the installation or service. 3.5.4. Products must be inspected regularly for damage, wear or cracking. The product must be repaired if required prior to the vehicle being used for motorsport competition. 4. RETURNS 4.1. Products are accepted by us on return for credit only upon prior written authorisation of Scotty’s Motorsport Services manager. 5. INTELLECTUAL PROPERTY (IP) 5.1. Any intellectual property rights within any development, discovery or product in relation to which intellectual property rights exist or are capable of exploration shall be exclusively owned by Scotty’s Motorsport Services unless created by the customer. 6. SOCIAL MEDIA 6.1. The customer shall not make any public announcements or publicise the supply of the products and/or services supplied by Scotty’s Motorsport Services without prior consent. 7. CONFIDENTIALITY 7.1. All information concerning Scotty’s Motorsport Services, its employees, related companies, suppliers, subcontractors, general business activities, products or services and all other sensitive information in any form whether oral, documented or electronically stored, which is provided to the customer or of which the customer may be aware of at any time may: 7.1.1. Only be used by the customer for the purposes of using the product or service supplied for the purpose of which it is supplied 7.1.2. Not be disclosed, made available or otherwise disposed of, to any third party except with prior written consent by Scotty’s Motorsport Services manager