General Terms and Conditions
Interpretation in these terms & conditions :
ATV PRO means ATV PRO Pty Ltd as Trustee for the ATV PRO Trust ABN 74258120050, trading as ATV PRO.
"Credit Period" means (in the case of a dealer for example) the period for which credit may be extended by written agreement.
"Invoice" means the Tax Invoice to which these Terms and Conditions are annexed;
"Manufacturer" means any entity from which ATV PRO imports or purchasers the Products for resale to the Purchaser;
"Purchaser" means the person named as the purchaser on the Invoice;
"Price" means the GST inclusive price specified on the Invoice;
"Product" means the item specified on the Invoice.
Sale & Purchase
In consideration for the payment of the Price, ATV PRO sells and the Purchaser buys the Product subject to these terms and conditions.
Payment
The Purchaser shall pay for the Product as described in the Invoice, or within the Credit Period.
ATV PRO is not obliged to deliver the Product until the Price is received as clear funds by ATV PRO.
Delivery
The purchaser shall take delivery of the Product at ATV PRO’s premises, or such other place shown as the place of delivery on the Invoice.
Risk in the Product passes to the Purchaser upon delivery.
Title
Title in the Product shall not pass to the Purchaser until ATV PRO has received payment in full of the Price as clear funds.
Until the payment has been received per 5.1 above, if the Purchaser takes possession of the Product it does so as bailee.
The Purchaser undertakes to store the Product securely and in a manner which makes the Product readily identifiable as ATV PRO’s product, until payment is made per clause 5.1.
The Purchaser may not resell the Product unless and until the Price is paid in full, unless ATV PRO has extended credit terms to the Purchaser by written agreement.
The Purchaser's right to possession shall cease if the Price is not paid within 7 days of delivery, or within the Credit Period, or if the Purchaser does anything or fails to do anything which would entitle a receiver to take possession of any assets or which would entitle any person to present a creditor's petition or a petition for winding up.
If payment has not been received in full, ATV PRO may for the purposes of examining or repossessing the Product enter upon any premises where the Product is or may be stored.
Purchaser's Acknowledgements
The Purchaser acknowledges and agrees:
ATV PRO is a reseller and is not the manufacturer of the Product;
That the Manufacturer of a Product has published terms of sale and the Purchaser accepts the warranty that applies to that product;
That the Product is not intended for use on public roads;
That the Product may be second hand and may not be covered by a Manufacturer's warranty;
That ATV use can be inherently dangerous and holds ATV PRO its officers, agents and suppliers free from all claims or liabilities caused by the operation of a vehicle or the actions of and third party.
ATV PRO’s Warranty, Liability & Exclusions
ATV PRO’s general terms of Warranty are shown below. If you purchased Products through a Dealer then the Warranty can be claimed through that Dealer.
ATV PRO warrants, to the original purchaser, a Product for 3 months from the date of sale to be free of manufacturing defects. The warranty is limited at ATV PRO option to:
Replacement of the Product or the supply of equivalent Product; or
The cost of replacing the Product or acquiring equivalent product; or
Repair of the Product or the cost of having the Product repaired.
Refund the purchase price.
ATV PRO shall not be liable for any loss or damage directly or indirectly caused by:
Improper adjustment, calibration or operation; or
Use of the Product (by any person) in a manner not consistent with the Product Manufacturer's recommendations or the ATV manufacturers recommendations; or
Any misuse of, or damage to, the Products
Products which have been patched, plugged or repaired or into which liquid balancers or sealants have been introduced, & wheels used with spacers or adaptors;
Inadequate or improper maintenance of the Product; or
Any damage caused to the Product after the Purchaser takes delivery; or
Use on a public road or from road hazards; or
Use of the Product for sport, competition or racing, or
Damage by harmful, corrosive, abrasive materials such as sand, salt, acid, cleaners, or
Any leakage or contamination caused by the Product;
There are no warranties either expressed or implied, including the implied warranties of merchantability and fitness for a particular purpose, which extend beyond this description. ATV PRO is not liable for any incidental or consequential damages. No representative of ATV PRO has authority to make any representations or promises except as stated in the warranty.
If the Manufacturer's warranty is different from ATV PRO’s standard warranty, then the same warranty conditions as provided by the Manufacturer of that product will apply.
To the maximum extent permissible by law, ATV PRO disclaims any and all liability for loss or damage to person or property including any costs associated therewith.
There are no representations between the parties to this agreement other than those expressly set forth in writing between ATV PRO and the purchaser. It is understood that ATV PRO’s liability and the purchaser's sole remedy, shall not exceed the return of the purchase price paid, and under no circumstances shall the seller be liable for any special, incidental or consequential damages.
Certain legislation, including the Trade Practices Act 1974, as amended, may imply warranties or conditions or impose obligations upon ATV PRO which cannot be excluded, restricted or modified except to a limited extent. This Agreement must be read and construed subject to any such statutory provisions
General
This Agreement shall be construed in accordance with and shall be governed by the consumer laws for Australia.
If any provision of this Agreement is judged invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, such invalidity or unenforceability (unless deletion of such provision would materially adversely affect one of the parties) will not affect the operation or interpretation of any other provision of this Agreement to the intent that the invalid or unenforceable provision will be treated as severed from this Agreement.
This Agreement can be viewed on website www.atvpro.com.au and this shall be sufficient advice for the Purchaser to be fully informed about the current Terms of Sale and Warranty.
Disputes
Any dispute arising between ATV PRO and the Purchaser in relation to the Product shall firstly be resolved by the parties attempting to resolve the matter by mediation. If the parties are unable to resolve the dispute by mediation, then either party may to arbitrate the dispute, or to litigate the matter.
If the parties elect to arbitrate the dispute, then they shall agree an arbitrator. Failing such agreement, an arbitrator shall be appointed by the President of the State Chapter of the Institute of Arbitrators of Australia.
Acceptance of the Terms of Sale.
By accepting and using the Products the Purchaser agrees to all of the terms and conditions of sale contained herein.
If you do not agree to these terms and conditions of sale, then do not use the Product, advise ATV PRO in writing on the day of delivery or receipt and return the Products, undamaged, to ATV PRO within 7 days of purchase, for a refund. (Specially ordered or manufactured goods may not be refundable).
PRODUCTS
Product Safety Advice
PEP Suspension
PEP Suspension Components are to be fitted, service and adjusted only by a qualified PEP suspension specialist.
PEP suspension components carries a 6 months limited manufacturers defects warranty. Please refer to your Vehicle manufacturers owners manual with terms & conditions of use.
Service intervals with Oil & Nitrogen gas change are every 6 months or 800 kms or 50hrs use-whichever comes first.
PEP suspension recommend Belray Type S fully synthetic shock oil only.
WARNING! Vehicle operation with insufficient, deteriorated, or contaminated suspension oil will cause accelerated wear and may result in suspension failure, accident, with injury and or death. Always perform service procedures, figment and or adjustments by a qualified PEP suspension agent.
ATV /UTV Wheels and Tyres
ATV/UTV Tire-Mounting Safety Guide
CAUTION Read these Guidelines thoroughly before mounting tyres.
WARNING
MOUNTING TYRES ON WHEELS CAN BE DANGEROUS IF IT IS NOT DONE PROPERLY. ONLY TRAINED PERSONNEL, USING THE PROPER TOOLS, SAFETY EQUIPMENT, SAFETY GLASSES, EARMUFFS AND SAFETY PRECAUTIONS, SHOULD ATTEMPT TO MOUNT TYRE AND WHEEL ASSEMBLIES.
Carefully clean the wheel rim to remove all corrosion and dirt and check that the wheel is not damaged. Make sure that the tyre bead is clean and free of excess material.
Using a tyre mounting lubricant, lube the tyre and the rim bead seat.
Remove the valve core.
Read the safety advice on the tyre – the tyre's maximum recommended tyre inflation pressure, Load rating and Speed rating.
Use only a clip-on style air chuck with a long extension hose, remote filler handpiece, and an inflation gauge to monitor the pressure.
THE TYRE/WHEEL ASSEMBLY MUST BE OUT OF "LINE OF SIGHT" DURING THE INFLATION PROCESS. USE A SAFETY CAGE.
Inflate the tyre until you hear the beads seats snap, or until you reach the tyre manufacturer's maximum recommended tire pressure.
NEVER EXCEED THE TYRE MANUFACTURER'S MAXIMUM RECOMMENDED TYRE INFLATION PRESSURE.
If the tyre beads do not seat, stop! Release all air. Repeat the process after checking the cleanliness and condition of the rim, the tyre and add lubricant. If the beads do not seat then, Release all air from the tyre/wheel assembly, and call to ask for advice.
Once the tire bead is seated, disconnect the chuck, re-install the valve core, and adjust the tyre pressure to the ATV manufacturer’s recommended operating pressure.
FAILURE TO FOLLOW RECOMMENDED PROCEDURES MAY VOID YOUR WARRANTY.
IF YOU CANNOT MOUNT THE TYRE, RETURN IT TO YOUR DEALER. NEVER TAKE SHORT-CUTS.
CHECK THE ATV MANUFACTURER’S MANUAL FOR OPERATING PRESSURES, LOAD AND SPEED RATINGS AND ADDITIONAL SAFETY ADVICE.
Fitting ATV/UTV Tyres
ATV tyres are not as tough as car tyres, they are designed for low speeds. They are low pressure flotation type tyres.
Utility ATV tyres often have an extra tough bead and some have a thicker bead protection lip.
Here are a few guidelines in addition to the Safety Guidelines above:
We recommend manual fitting and NOT to use a machine fitting. Machine fitting can stretch or break the bead rings on small diameter ATV tyres. Carefully inspect and clean the wheel rim.
Make sure that you are using a correct “AT” size rim. Older rims may not suit some modern “AT” tyres.
Lubricate the rim bead flanges, right over the bead lip and the tyre around the bead and right over the protection lip prior to mounting. Carefully seat the bead. Some beads are strong and inflexible and take extra care to seat.
Do not overinflate the tyre to seat the bead. When you inflate the tyre, the bead may not always snap on immediately, you may have to leave it for a few minutes to snap on.
Always use a tyre fitting safety cage, especially if you need to use pressure closer to the maximum printed on the tyre.
Check that the tyre has fitted correctly and is in balance.
Beadlock Mounting Guidelines
Read the ATV Tyre Mounting safety Guidelines on Page 1 for general advice.
Tyres should only be mounted to the Beadlock wheel using good tyre mounting practices and using acceptable tyre mounting equipment, designed for the tyre industry.
Carefully remove the outer Beadlock Ring from the wheel, use a spanner, not an impact wrench.
Use tyre mounting lubricant on the tire and on the wheel opposite the Beadlock to ensure a proper seat for the tyre.
Mount tyre from the Beadlock side only. Mount the inner bead over the wheel like normal. Seat the tyre outer bead in the shoulder of the Beadlock inner ring on the wheel and center the tyre.
Place the Beadlock Ring onto the tire and align the bolt holes with the inner beadlock ring.
All bolts should be started by hand to avoid cross threading.
Please Note: Impact wrenches are not recommended at any point during installation of the beadlock ring due to the possibility of over or under tightening the bolts.
Tighten the bolts progressively in an orderly criss-cross pattern, a few turns at a time, to ensure even pressure on the beadlock ring.
Tighten the bolts by hand to the manufacturers recommended torque specs:
The outer ring should be pulled down to meet the inner ring. The outer ring may flex to match the tyre bead.
Inflate the tyre to seat the inner bead onto the wheel. Do not exceed the tyre manufacturer’s recommended maximum pressure for seating the beads.
If you have any questions during the beadlock installation process please contact your dealer.
Beadlock Wheel Maintenance:
Wash your Beadlock wheels after using them. Some riders use Beadlocks in harsh conditions. Check your wheels and Beadlock Retaining Rings for damage and check the tension of the bolts in case they have loosened or over-tightened.
Useful Information
ATV Tyres and Rims should comply with “AT” specification for off road All Terrain Vehicles.
The Tyre and Rim Assoc of Australia publishes technical Standards.
SAFETY ADVICE:
Look on the sidewall of your tyre for important Safety Advice from the manufacturer. Information normally includes the maximum load, the maximum and recommended operating inflation pressure
and a Code for the Load/Speed Rating example 50F. Always give priority to the printed warning data.
Remember that the safe load will vary as you change your speed and tyre pressure.
SPEED RATINGS: Tyres have a Speed rating on the sidewall
Example: Load Index 35 = 121 kg max load rating
40=140 kg, 42=150kg, 50=190kg, 56=224kg, 65=290kg
LOAD RATING: Tyre haves a load rating on the sidewall
Example: Speed Symbol F = 80 Km/h (Under specified service conditions)
C=60 Km/h, D=65 Km/h, J=100Km/h
WARRANTY POLICY
ATV PRO’s general terms of Warranty are shown below. If you purchased Products through a Dealer then the Warranty can be claimed through that Dealer.
ATV PRO warrants, to the original purchaser, a Product for 6 months from the date of sale to be free of manufacturing defects.
The warranty is limited at ATV PRO’s option to:
Replacement of the Product or the supply of equivalent Product; or
The cost of replacing the Product or acquiring equivalent product; or
Repair of the Product or the cost of having the Product repaired.
ATV PRO shall not be liable for any loss or damage directly or indirectly caused by:
Improper adjustment, calibration or operation by the purchaser; or
Use of the Product (by any person) in a manner not consistent with the Product manufacturer’s recommendations or the Vehicle manufacturers recommendations; or
Any misuse of, or damage to, the Product; or
Products which have been patched, plugged or repaired or into which liquid balancers or sealants have been introduced and wheels used with spacers or adaptors; or
Inadequate or improper maintenance of the Product; or
Any damage caused to the Product after the Purchaser takes delivery; or
Use on a public road or from road hazards; or
Use of the Product for sport, competition or racing.
Damage by harmful, corrosive, abrasive materials such as sand, salt, acid, cleaners.
There are no warranties either expressed or implied, including the implied warranties of merchantability and fitness for a particular purpose, which extend beyond this description. ATV PRO is not liable for any incidental or consequential damages. No representative of ATV PRO has authority to make any representations or promises except as stated in the warranty.
Our warranty is subject to any such statutory provisions of legislation, including the Trade Practices Act 1974, as amended.
If the Manufacturer’s warranty is different from ATV PRO standard warranty, then the same warranty conditions as provided by the Manufacturer of that product will apply.
If you do not agree to the terms and conditions of sale, or the warranty, then do not use the Product, advise ATV PRO in writing on the day of delivery or receipt, and return the Product, undamaged in the original packaging to ATV PRO within 7 days of purchase, for a full refund.
General Terms & Conditions
Interpretation in these terms & conditions :
ATV PRO means ATV PRO Pty Ltd as Trustee for the ATV PRO Trust ABN 74258120050, trading as ATV PRO.
"Credit Period" means (in the case of a dealer for example) the period for which credit may be extended by written agreement.
"Invoice" means the Tax Invoice to which these Terms and Conditions are annexed;
"Manufacturer" means any entity from which ATV PRO imports or purchasers the Products for resale to the Purchaser;
"Purchaser" means the person named as the purchaser on the Invoice;
"Price" means the GST inclusive price specified on the Invoice;
"Product" means the item specified on the Invoice.
Sale & Purchase
In consideration for the payment of the Price, ATV PRO sells and the Purchaser buys the Product subject to these terms and conditions.
Payment
The Purchaser shall pay for the Product as described in the Invoice, or within the Credit Period.
ATV PRO is not obliged to deliver the Product until the Price is received as clear funds by ATV PRO.
Delivery
The purchaser shall take delivery of the Product at ATV PRO’s premises, or such other place shown as the place of delivery on the Invoice.
Risk in the Product passes to the Purchaser upon delivery.
Title
Title in the Product shall not pass to the Purchaser until ATV PRO has received payment in full of the Price as clear funds.
Until the payment has been received per 5.1 above, if the Purchaser takes possession of the Product it does so as bailee.
The Purchaser undertakes to store the Product securely and in a manner which makes the Product readily identifiable as ATV PRO’s product, until payment is made per clause 5.1.
The Purchaser may not resell the Product unless and until the Price is paid in full, unless ATV PRO has extended credit terms to the Purchaser by written agreement.
The Purchaser's right to possession shall cease if the Price is not paid within 7 days of delivery, or within the Credit Period, or if the Purchaser does anything or fails to do anything which would entitle a receiver to take possession of any assets or which would entitle any person to present a creditor's petition or a petition for winding up.
If payment has not been received in full, ATV PRO may for the purposes of examining or repossessing the Product enter upon any premises where the Product is or may be stored.
Purchaser's Acknowledgements
The Purchaser acknowledges and agrees:
ATV PRO is a reseller and is not the manufacturer of the Product;
That the Manufacturer of a Product has published terms of sale and the Purchaser accepts the warranty that applies to that product;
That the Product is not intended for use on public roads;
That the Product may be second hand and may not be covered by a Manufacturer's warranty;
That ATV use can be inherently dangerous and holds ATV PRO its officers, agents and suppliers free from all claims or liabilities caused by the operation of a vehicle or the actions of and third party.
ATV PRO’s Warranty, Liability & Exclusions
ATV PRO’s general terms of Warranty are shown below. If you purchased Products through a Dealer then the Warranty can be claimed through that Dealer.
ATV PRO warrants, to the original purchaser, a Product for 3 months from the date of sale to be free of manufacturing defects. The warranty is limited at ATV PRO option to:
Replacement of the Product or the supply of equivalent Product; or
The cost of replacing the Product or acquiring equivalent product; or
Repair of the Product or the cost of having the Product repaired.
Refund the purchase price.
ATV PRO shall not be liable for any loss or damage directly or indirectly caused by:
Improper adjustment, calibration or operation; or
Use of the Product (by any person) in a manner not consistent with the Product Manufacturer's recommendations or the ATV manufacturers recommendations; or
Any misuse of, or damage to, the Products
Products which have been patched, plugged or repaired or into which liquid balancers or sealants have been introduced, & wheels used with spacers or adaptors;
Inadequate or improper maintenance of the Product; or
Any damage caused to the Product after the Purchaser takes delivery; or
Use on a public road or from road hazards; or
Use of the Product for sport, competition or racing, or
Damage by harmful, corrosive, abrasive materials such as sand, salt, acid, cleaners, or
Any leakage or contamination caused by the Product;
There are no warranties either expressed or implied, including the implied warranties of merchantability and fitness for a particular purpose, which extend beyond this description. ATV PRO is not liable for any incidental or consequential damages. No representative of ATV PRO has authority to make any representations or promises except as stated in the warranty.
If the Manufacturer's warranty is different from ATV PRO’s standard warranty, then the same warranty conditions as provided by the Manufacturer of that product will apply.
To the maximum extent permissible by law, ATV PRO disclaims any and all liability for loss or damage to person or property including any costs associated therewith.
There are no representations between the parties to this agreement other than those expressly set forth in writing between ATV PRO and the purchaser. It is understood that ATV PRO’s liability and the purchaser's sole remedy, shall not exceed the return of the purchase price paid, and under no circumstances shall the seller be liable for any special, incidental or consequential damages.
Certain legislation, including the Trade Practices Act 1974, as amended, may imply warranties or conditions or impose obligations upon ATV PRO which cannot be excluded, restricted or modified except to a limited extent. This Agreement must be read and construed subject to any such statutory provisions
General
This Agreement shall be construed in accordance with and shall be governed by the consumer laws for Australia.
If any provision of this Agreement is judged invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, such invalidity or unenforceability (unless deletion of such provision would materially adversely affect one of the parties) will not affect the operation or interpretation of any other provision of this Agreement to the intent that the invalid or unenforceable provision will be treated as severed from this Agreement.
This Agreement can be viewed on website www.atvpro.com.au and this shall be sufficient advice for the Purchaser to be fully informed about the current Terms of Sale and Warranty.
Disputes
Any dispute arising between ATV PRO and the Purchaser in relation to the Product shall firstly be resolved by the parties attempting to resolve the matter by mediation. If the parties are unable to resolve the dispute by mediation, then either party may to arbitrate the dispute, or to litigate the matter.
If the parties elect to arbitrate the dispute, then they shall agree an arbitrator. Failing such agreement, an arbitrator shall be appointed by the President of the State Chapter of the Institute of Arbitrators of Australia.
Acceptance of the Terms of Sale.
By accepting and using the Products the Purchaser agrees to all of the terms and conditions of sale contained herein.
If you do not agree to these terms and conditions of sale, then do not use the Product, advise ATV PRO in writing on the day of delivery or receipt and return the Products, undamaged, to ATV PRO within 7 days of purchase, for a refund. (Specially ordered or manufactured goods may not be refundable).