Terms and conditions

1. About These Terms

These terms apply to every sale of a vehicle, part or accessory, to all workshop work, and to your use of this website. In them, "we", "us" and "our" mean Kimberley Motorcycle Centre, and "you" means the customer.

Where we have given you a separate written contract, order form, repair authority or quotation, that document applies in addition to these terms. If the two ever conflict, the signed document takes priority for that transaction.

2. Consumer Guarantees

Nothing in these terms excludes, restricts or modifies your rights under the Australian Consumer Law. Our goods and services come with guarantees that cannot be excluded. Where a failure is major you are entitled to a replacement or refund, and to compensation for any other reasonably foreseeable loss or damage. Where a failure is not major you are entitled to have the problem fixed within a reasonable time, and if that does not happen, to a refund and to reject the goods.

Any limitation of liability elsewhere in these terms operates only to the extent the law permits, and is subject to this clause.

3. Quotes and Pricing

1. Prices are quoted per machine or per job rather than published, because ride-away pricing in the north west depends on freight, pre-delivery, registration and current manufacturer campaigns.
2. A written quotation is valid for thirty days unless it states otherwise. Beyond that we may need to requote if freight or supplier pricing has moved.
3. Quoted prices include GST unless expressly stated to be exclusive.
4. Where a quotation is given before we have inspected a machine, it is an estimate. If the work required turns out to differ materially, we will contact you for authority before proceeding.

4. Deposits and Orders

1. We may require a deposit to secure a machine or to place a factory order.
2. Where you cancel an order for a machine ordered specifically for you, we may retain a reasonable amount of the deposit to cover costs we have actually incurred, including freight and any manufacturer charges. We will not retain more than those actual costs.
3. Your rights where we cancel, or where the machine is not supplied within a reasonable time, are governed by clause 2.
4. Title in a machine passes to you on payment in full. Risk passes on delivery or collection, whichever occurs first.

5. Delivery and Freight

1. Broome is approximately 2,200 kilometres from Perth and effectively all stock and parts arrive by road. Delivery timeframes we give are estimates based on normal conditions.
2. Between December and March, road closures caused by flooding and cyclonic weather regularly affect freight. Delays arising from road closures, cyclone warnings or carrier disruption are outside our control and do not constitute a failure to supply within a reasonable time.
3. Where a delivery date is critical to you, tell us at the time of order. We will tell you honestly whether it is achievable and will not accept an order we do not believe we can meet.
4. Freight charges for goods sent outside Broome are payable by you unless we have agreed otherwise in writing.

6. Workshop Work

1. All workshop work is carried out on the basis of a repair authority, which you give when you book the machine in.
2. We will not carry out work that materially exceeds an authorised estimate without contacting you first. If we cannot reach you, we will stop and wait.
3. Where a diagnosis requires disassembly, reassembly time is chargeable even if you decide not to proceed with the repair.
4. Parts removed and replaced during a job are disposed of unless you ask, at the time of booking, for them to be returned to you.
5. We may decline work that requires model specific tooling or manufacturer software we do not hold. We will tell you this before taking the machine rather than after.
6. Machines are left in our workshop at your risk except to the extent any loss results from our negligence. We recommend you maintain your own insurance cover while a machine is with us.

7. Parts and Special Orders

1. Stock parts may be returned within fourteen days if unused, unfitted and in original packaging. A restocking fee may apply.
2. Special order parts, being parts we do not normally stock and which are ordered specifically at your request, are non-returnable unless faulty. This is because such parts are frequently unsaleable to any other customer in this region.
3. Special orders are payable in full at the time of order.
4. Electrical components are not returnable once fitted.
5. Nothing in this clause affects your rights under clause 2 where a part is faulty or not fit for its purpose.

8. Manufacturer Warranty

1. New machines carry the manufacturer's warranty. That warranty is given by the manufacturer, not by us, and its terms are set out in the documentation supplied with the machine.
2. Manufacturer warranties generally require servicing to be carried out to the specified schedule and recorded. Our log book stamps are accepted for this purpose.
3. Servicing more frequently than the manufacturer specifies does not affect a warranty. Servicing less frequently may.
4. Manufacturer warranties commonly exclude damage arising from competition use, modification, water ingress and lack of maintenance. Read the documentation supplied with your machine.
5. A manufacturer warranty is in addition to, and does not limit, your rights under clause 2.

9. Used Machines and Trade-ins

1. Used machines are sold on the basis of a written description of their condition. We inspect what we take in and will disclose known faults.
2. Machines that have been used in this region have frequently worked harder than the same model elsewhere. We value trade-ins on inspected condition rather than on odometer reading alone.
3. Where you trade in a machine, you warrant that you are entitled to sell it, that it is free of finance and encumbrance, and that the information you have given us about it is accurate.
4. Statutory used vehicle warranty requirements under Western Australian law apply where the machine and the sale fall within their scope.

10. Uncollected Goods

1. Machines and parts left with us after work is complete and an invoice has been issued must be collected within a reasonable time.
2. Storage charges may apply after twenty-eight days from the date we notify you the work is complete.
3. We may exercise a lien over a machine for unpaid charges relating to work performed on it.
4. Uncollected goods are dealt with in accordance with the applicable Western Australian legislation governing uncollected goods, including any notice requirements it imposes before disposal.

11. Website Content

1. Information on this website is provided as general guidance. Service intervals, freight estimates and technical suggestions published here are general in nature and do not replace the manufacturer's documentation for your specific machine.
2. Where our published guidance and a manufacturer schedule conflict, follow the manufacturer schedule.
3. Information on the insurance page is general information only. We do not hold an Australian Financial Services Licence, do not sell insurance, and do not provide personal financial advice.
4. Photographs on this website are illustrative and do not necessarily depict stock currently held.
5. Brand names and trade marks referred to on this website are the property of their respective owners.

12. Privacy and Governing Law

1. We collect personal information in order to sell, service and support machines, and to meet our record keeping obligations as a licensed dealer. We do not sell it.
2. Where you make an enquiry through this website, we use the details you provide to respond to that enquiry.
3. These terms are governed by the law of Western Australia, and the courts of Western Australia have jurisdiction.
4. If any provision of these terms is found to be unenforceable, it is severed and the remaining provisions continue to apply.

Questions about these terms? Ring us on (08) 9192 4470 or email [email protected].