Policies

Moonlight Stainless 4WD Performance

TERMS OF SERVICE, SALES, WARRANTY AND CUSTOMER POLICIES

Effective Date: 14 January 2024

Business Name: Empire Holdings (Aust) Pty Ltd trading as Moonlight Stainless 4WD Performance

ABN: 36 673 361 049

MRB Licence Number: 11635

Business Address: 6/1848 Albany Highway, Maddington WA 6109, Australia

Telephone: 0467 224 758

Email: sales@moonlight4wd.com.au

Website: www.moonlight4wd.com.au

1. INTRODUCTION AND ACCEPTANCE

1.1 These Terms of Service ("Terms") apply to all products, services, fabrication, installation, repairs, powder coating, colour matching, custom work, DIY kits, parts, accessories and other goods or services supplied by Empire Holdings (Aust) Pty Ltd trading as Moonlight Stainless 4WD Performance ("Moonlight", "we", "us" or "our").

1.2 By accessing or using our website, placing an order, requesting a quotation, making a booking, purchasing a product, leaving a vehicle or goods with us, approving work, or otherwise engaging our services, you ("Customer", "you" or "your") acknowledge that these Terms apply to the relevant transaction.

1.3 These Terms should be read together with any quotation, invoice, order confirmation, product-specific terms, warranty terms, installation instructions or other written agreement issued by Moonlight.

1.4 Where there is an inconsistency between these Terms and a specific written agreement expressly agreed between Moonlight and the Customer, the specific written agreement will apply to the extent of the inconsistency.

1.5 Nothing in these Terms excludes, restricts or modifies any right, remedy, guarantee or protection that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law ("ACL") or other applicable legislation.

2. DEFINITIONS

2.1 In these Terms:

"ACL" means the Australian Consumer Law contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth), as amended from time to time.

"Customer" means the person or entity purchasing goods or services from Moonlight.

"Goods" means products, parts, kits, accessories, fabricated items, powder-coated items, colour-matched items or other goods supplied by Moonlight.

"Services" means fabrication, installation, powder coating, colour matching, repairs, fitting, inspection, custom work and other services supplied by Moonlight.

"DIY Kit" means a product supplied for installation or assembly by the Customer or another installer.

"Custom Work" means work manufactured, fabricated, modified, designed, configured or supplied specifically to a Customer's requirements.

"Unapproved Installer" means any person, business, workshop, mechanic, fabricator or other installer who has not been expressly authorised, approved or engaged by Moonlight to perform the relevant installation on Moonlight's behalf.

"Website" means any website operated or controlled by Moonlight.

"Intellectual Property" includes designs, drawings, CAD files, plans, templates, specifications, product concepts, photographs, trade marks, logos, manufacturing methods, know-how, tooling, processes and other intellectual property.

3. CONSUMER LAW AND STATUTORY RIGHTS

3.1 Moonlight recognises that Customers may have rights under the ACL and other applicable legislation.

3.2 Consumer guarantees apply automatically where applicable and cannot be excluded by agreement.

3.3 Where the ACL applies, Customers may have statutory rights relating to acceptable quality, fitness for purpose, correspondence with description, supply of services with due care and skill and other applicable consumer guarantees.

3.4 Any voluntary warranty offered by Moonlight is additional to, and does not replace, restrict or reduce, any consumer guarantee or other statutory right.

3.5 Nothing in these Terms excludes, restricts or modifies any consumer guarantee or statutory right that cannot lawfully be excluded.

3.6 Where a provision of these Terms would otherwise be inconsistent with a mandatory provision of applicable law, that mandatory legal requirement will prevail to the extent of the inconsistency.

4. ORDERS, QUOTATIONS AND CONTRACT FORMATION

4.1 Quotations issued by Moonlight are based upon information reasonably available to Moonlight at the time of quotation.

4.2 Unless expressly stated otherwise, quotations are estimates and may be subject to variation where additional work, materials, labour, freight or other costs are reasonably required.

4.3 A quotation may include assumptions relating to the condition of the vehicle, existing components, measurements, specifications and information supplied by the Customer.

4.4 A quotation is accepted when the Customer:

(a) accepts the quotation in writing;

(b) makes payment;

(d) confirms the order;

(e) instructs Moonlight to commence work; or

(f) otherwise clearly communicates acceptance.

4.5 Once accepted, the quotation and applicable Terms form the agreement between Moonlight and the Customer, subject to applicable law.

4.6 Moonlight may decline an order where:

(a) the requested product is unavailable;

(b) the requested work cannot reasonably be performed;

(d) required information is unavailable;

(e) the Customer has previously failed to comply with payment obligations; or

(f) another legitimate business reason applies.

5. PRICING

5.1 Prices are those stated on the applicable quotation, invoice, order confirmation or Website at the time of purchase, subject to any applicable correction or variation.

5.2 Unless expressly stated otherwise, prices are in Australian dollars and include GST where applicable.

5.3 Prices may change from time to time due to supplier pricing, material costs, freight, exchange rates, manufacturing costs or other commercial factors.

5.4 Where a quotation has been accepted, Moonlight will generally honour the agreed price subject to:

(a) agreed variations;

(b) additional work;

(d) Customer-requested changes;

(e) supplier or material changes where permitted;

(f) freight changes where applicable; or

(g) other circumstances identified in the quotation.

6. PAYMENT TERMS

6.1 Payment must be made in accordance with the applicable quotation or invoice.

6.2 Moonlight may require full or partial payment before:

(a) commencing manufacture;

(b) commencing Custom Work;

(d) ordering non-stock components;

(e) dispatching goods;

(f) commencing installation; or

(g) releasing completed work.

6.3 Unless otherwise agreed, invoices are payable in full by the due date stated on the invoice.

6.4 Moonlight may suspend work where an account is overdue, subject to applicable law.

6.5 Where permitted by law, Moonlight may recover reasonable costs associated with the recovery of overdue amounts.

6.6 Customers should promptly notify Moonlight of any genuine invoice dispute.

7. ORDER CANCELLATION PRIOR TO DISPATCH

7.1 Customers should choose carefully before placing an order.

7.2 Where a Customer requests cancellation before dispatch or commencement of manufacture, Moonlight may consider the request on a case-by-case basis.

7.3 For DIY Kits, a cancellation or administration fee of $200 may apply where Moonlight has commenced processing, preparation, manufacture, procurement or allocation of resources to the order, subject always to applicable law.

7.4 For other products, a cancellation or administration fee of up to 20% may apply where reasonably incurred and permitted by law.

7.5 Any applicable cancellation fee will not apply where its application would be inconsistent with the Customer's statutory rights.

7.6 Reasonable non-refundable third-party costs already incurred specifically for the Customer's order may also be recoverable where permitted by law.

8. CHANGE-OF-MIND RETURNS

8.1 Moonlight does not provide an unrestricted change-of-mind return policy.

8.2 Subject to statutory rights, unused standard-stock goods in original saleable condition and packaging may be considered for return or exchange within 30 days of purchase.

8.3 Moonlight may require proof of purchase.

8.4 Where a change-of-mind return is accepted, Moonlight may deduct reasonable return, handling or restocking costs where disclosed and permitted by law.

8.5 A restocking fee of up to 20% may apply to eligible change-of-mind returns where reasonable and lawful.

8.6 Original shipping and handling costs may be non-refundable for change-of-mind returns where permitted by law.

8.7 This section does not apply to the extent that the product is faulty, defective, does not comply with consumer guarantees, does not match its description or another statutory remedy applies.

9. DIY KITS

9.1 DIY Kits are generally supplied for installation by the Customer or an installer selected by the Customer.

9.2 Customers are responsible for ensuring that they have access to appropriate tools, equipment, skills and knowledge to install a DIY Kit safely.

9.3 Customers should inspect all components before commencing installation.

9.4 Customers should contact Moonlight before modifying, cutting, drilling, welding, grinding or otherwise altering a DIY Kit if they believe there is an issue with the supplied product.

9.5 Moonlight may refuse to provide a voluntary warranty remedy for damage caused by unauthorised modification, incorrect installation, misuse or other Customer-caused damage, subject always to applicable statutory rights.

9.6 DIY Kits that have been installed, modified, altered or customised may not be eligible for change-of-mind return or exchange.

9.7 This does not affect any statutory consumer guarantee that applies to the product.

10. CUSTOM AND MADE-TO-ORDER PRODUCTS

10.1 Custom and made-to-order products are manufactured according to Customer requirements.

10.2 Customers are responsible for providing accurate information, measurements, specifications and requirements.

10.3 Moonlight will take reasonable care to manufacture the product according to the agreed specification.

10.4 Minor variations may occur due to:

(a) manufacturing tolerances;

(b) material availability;

(d) hand fabrication;

(e) welding;

(f) finishing;

(g) powder coating;

(h) colour matching; and

(i) other reasonable production factors.

10.5 Such variations will not constitute a defect where they are within reasonable industry tolerances and the product otherwise complies with the agreed specification and applicable law.

10.6 Custom products may not be eligible for change-of-mind cancellation or return once manufacture has commenced, subject to applicable statutory rights.

11. HAND-FABRICATED PRODUCT CONSISTENCY

11.1 Moonlight products may be hand fabricated.

11.2 Hand fabrication can result in minor differences in:

(a) weld appearance;

(b) surface finish;

(d) bends;

(e) joins;

(f) texture;

(g) appearance; and

(h) other visual characteristics.

11.3 Moonlight will take reasonable care to maintain appropriate quality and consistency.

11.4 Minor visual or manufacturing variations that do not materially affect functionality, safety or the agreed specification will not necessarily constitute a defect.

11.5 This clause does not exclude statutory guarantees or remedies.

12. CUSTOMER-SUPPLIED PARTS AND MATERIALS

12.1 Moonlight may, at its discretion, accept or refuse customer-supplied parts.

12.2 Customer-supplied parts are supplied at the Customer's risk, subject to any rights that cannot lawfully be excluded.

12.3 Moonlight does not warrant the quality, compatibility, suitability, legality or durability of customer-supplied parts.

12.4 Moonlight may refuse to install a customer-supplied component where it reasonably believes that:

(a) the component is unsafe;

(b) the component is defective;

(d) the component is counterfeit;

(e) the component is unsuitable;

(f) installation may cause damage; or

(g) installation may create unreasonable legal or safety risks.

12.5 Where Moonlight identifies an apparent issue with a customer-supplied component, Moonlight may notify the Customer and recommend an alternative.

13. VEHICLE CONDITION AND PRE-EXISTING MODIFICATIONS

13.1 The Customer must disclose known vehicle modifications, damage, corrosion, previous repairs and other conditions that may affect the work.

13.2 This includes, without limitation:

(a) chassis damage;

(b) rust;

(d) previous welding;

(e) accident damage;

(f) body repairs;

(g) suspension modifications;

(h) body lifts;

(i) suspension lifts;

(j) aftermarket wiring;

(k) electrical modifications;

(l) modified guards;

(m) aftermarket bumpers;

(n) previous fabrication;

(o) non-standard mounting points;

(p) damaged components;

(q) seized fasteners; and

(r) other relevant modifications.

13.3 Moonlight may inspect the vehicle before commencing work.

13.4 Where a hidden or pre-existing condition is discovered, Moonlight may notify the Customer and propose additional work.

13.5 Additional work may be required where reasonably necessary to safely or properly complete the authorised work.

13.6 Moonlight will, where reasonably practicable, obtain Customer approval before significant additional chargeable work.

13.7 Nothing in this section permits Moonlight to impose charges prohibited by law or to avoid statutory obligations.

14. ADDITIONAL WORK AND VARIATIONS

14.1 A Customer-requested change to the scope of work may constitute a variation.

14.2 Moonlight may issue a variation setting out:

(a) additional labour;

(b) materials;

(d) freight;

(e) revised pricing; and

(f) expected timing.

14.3 Approval may be provided by:

(a) signed quotation;

(b) email;

(d) online portal;

(e) electronic signature;

(f) other written communication; or

(g) another agreed electronic method.

14.4 Where reasonably necessary to protect the Customer's vehicle, property or safety, Moonlight may recommend immediate additional work.

14.5 Moonlight will use reasonable efforts to contact the Customer before undertaking significant additional chargeable work.

14.6 Additional work may affect the estimated completion date.

14.7 Moonlight will not rely on this section to impose charges that are prohibited by applicable law.

15. INSTALLATION SERVICES AND UNAPPROVED INSTALLERS

15.1 Installation services performed directly by Moonlight will be performed with due care and skill as required by applicable law.

15.2 Moonlight recommends that Moonlight products be installed by Moonlight or by a suitably qualified and experienced installer.

15.3 Where a Customer chooses to have a Moonlight product installed by an Unapproved Installer, the Customer acknowledges that Moonlight has no control over the manner, method, workmanship or quality of that installation.

15.4 To the maximum extent permitted by law, Moonlight accepts no responsibility for loss, damage, failure, injury or other consequences caused by or arising from:

(a) incorrect installation;

(b) improper installation;

(d) incorrect positioning or alignment;

(e) incorrect fastening or torque;

(f) inadequate mounting;

(g) modification of the product during installation;

(h) drilling, cutting, grinding, welding or fabrication performed during installation;

(i) use of incorrect or unsuitable hardware;

(j) failure to use required mounting hardware;

(k) failure to follow installation instructions;

(l) installation onto a modified, damaged or unsuitable vehicle;

(m) installation by an Unapproved Installer; or

(n) any other act or omission of an installer who is not acting on behalf of Moonlight.

15.5 Where installation is performed by an Unapproved Installer, Moonlight may require the product and vehicle to be made available for inspection before determining whether a claimed issue is attributable to Moonlight or to the installation.

15.6 Moonlight may decline a voluntary warranty claim to the extent that the claimed failure or damage has been caused or contributed to by installation performed by an Unapproved Installer, unauthorised modification, incorrect installation or other work performed after the product left Moonlight's control.

15.7 Where the product itself is defective independently of the installation, the Customer's statutory rights in relation to that defect remain unaffected.

15.8 Moonlight does not represent or warrant that an Unapproved Installer is suitably qualified, competent, insured or authorised to install Moonlight products.

15.9 Customers are responsible for satisfying themselves that any third-party installer they engage has the appropriate qualifications, experience, tools, insurance and approvals required for the installation.

15.10 Where Moonlight provides installation instructions, fitting guides, torque specifications or other technical information, such information should be followed by the installer.

15.11 An installer who independently modifies, fabricates, alters or adapts a Moonlight product during installation does so independently of Moonlight unless Moonlight has expressly approved that modification in writing.

15.12 Any warranty provided by an Unapproved Installer is separate from Moonlight's product warranty, and Moonlight is not responsible for the installer's workmanship, representations or warranty obligations.

15.13 Where a Customer believes that an installation has caused a problem with a Moonlight product, the Customer should cease using the product where continued use may create a safety risk and contact Moonlight for assessment.

15.14 Moonlight's recommendation that a product be installed by Moonlight or an appropriately qualified installer does not, by itself, exclude any statutory rights attaching to the product under applicable law.

15.15 Moonlight may refuse to undertake or complete an installation where it reasonably considers the proposed installation to be unsafe, unsuitable, unlawful or outside Moonlight's reasonable capabilities.

16. VEHICLE INSPECTION AND FITMENT

16.1 Where a Customer alleges that a product does not fit correctly, Moonlight may request that the vehicle and product be made available for inspection.

16.2 Moonlight may inspect:

(a) the vehicle;

(b) mounting points;

(d) installation;

(e) product dimensions;

(f) relevant components; and

(g) other factors affecting fitment.

16.3 Where physical inspection is impractical, interstate or otherwise unreasonable, Moonlight may initially assess the issue using photographs, video, measurements or independent reports.

16.4 Moonlight may require physical inspection where reasonably necessary to determine the cause of the issue.

16.5 A fitment issue caused by an altered or modified vehicle may not constitute a product defect.

16.6 Nothing in this section limits any applicable statutory consumer guarantee.

17. PRODUCT WARRANTY

17.1 Moonlight warrants that its products will be free from defects in manufacturing workmanship for 12 months from the date of purchase, subject to this warranty and applicable law.

17.2 If a covered manufacturing fault occurs within the warranty period, Moonlight will assess the claim and, where the claim is valid, provide an appropriate remedy.

17.3 Depending on the circumstances and applicable law, the remedy may include:

(a) repair;

(b) replacement;

(d) re-supply;

(e) correction of the relevant work; or

(f) another lawful remedy.

17.4 The 12-month voluntary warranty is additional to statutory consumer guarantees.

17.5 A statutory consumer guarantee may apply beyond the 12-month voluntary warranty period depending on the nature, price and expected life of the product.

17.6 Customers should contact Moonlight as soon as reasonably practicable after discovering an issue.

18. WARRANTY CLAIM PROCESS

18.1 A Customer making a warranty claim should provide:

(a) proof of purchase;

(b) product details;

(d) a description of the issue;

(e) relevant installation information; and

(f) other information reasonably requested by Moonlight.

18.2 Moonlight may inspect the product before determining whether the issue is covered.

18.3 For vehicle-related claims, Moonlight may request that the relevant vehicle be made available for inspection.

18.4 Interstate Customers may initially provide sufficient photographic, video or independent inspection evidence where physical inspection is impractical.

18.5 Moonlight will assess the claim reasonably and in accordance with applicable law.

18.6 Moonlight will not require a Customer to satisfy unreasonable conditions as a prerequisite to exercising a statutory consumer guarantee.

19. WARRANTY EXCLUSIONS

19.1 The voluntary warranty does not cover damage caused by:

(a) accident;

(b) misuse;

(d) impacts;

(e) stone chips;

(f) scratches;

(g) abrasion;

(h) incorrect installation;

(i) unauthorised modification;

(j) welding;

(k) grinding;

(l) drilling;

(m) alteration;

(n) neglect;

(o) improper maintenance;

(p) inappropriate cleaning;

(q) exposure to corrosive chemicals;

(r) salt or severe environmental exposure;

(s) normal wear and tear;

(t) off-road impact;

(u) use outside the intended application; or

(v) other damage not attributable to Moonlight's manufacturing workmanship.

19.2 These exclusions apply only to Moonlight's voluntary warranty and do not exclude or limit statutory consumer guarantees.

20. POWDER COATING AND COLOUR-MATCHED PRODUCTS

20.1 Moonlight warrants powder-coated and colour-matched products against defects in workmanship and coating application for 12 months from the date of supply or completion of the coating service, subject to applicable law.

20.2 The voluntary coating warranty covers coating failures attributable to Moonlight's preparation, application or curing process, including premature:

(a) peeling;

(b) flaking;

(d) coating failure.

20.3 Colour-matched products will be produced using reasonable care based on the colour code, sample, reference or specification provided or approved by the Customer.

20.4 Minor variations in colour, gloss, texture, shade, metallic effect or finish may occur due to substrate differences, coating batches, lighting, application conditions, curing conditions and manufacturing processes.

20.5 Minor variations that reasonably conform to the approved colour or specification will not necessarily constitute a defect.

20.6 The powder coating warranty does not cover deterioration caused by:

(a) stone chips;

(b) impacts;

(d) abrasion;

(e) harsh chemicals;

(f) acids;

(g) solvents;

(h) alkaline cleaners;

(i) salt;

(j) corrosive environments;

(k) inappropriate cleaning products;

(l) pressure washing at inappropriate pressures or distances;

(m) rust originating from the substrate;

(n) galvanic or substrate corrosion;

(o) welding or grinding after coating;

(p) modifications after coating;

(q) normal wear;

(r) misuse; or

(s) environmental conditions outside the reasonably contemplated application.

20.7 The Customer should follow any care and maintenance instructions provided by Moonlight.

20.8 Nothing in this section excludes or limits statutory consumer guarantees.

21. WARRANTY CLAIM COSTS AND FREIGHT

21.1 Moonlight may reasonably require a product to be returned or made available for inspection.

21.2 Where a valid warranty claim is established, Moonlight will provide the applicable remedy in accordance with the warranty and applicable law.

21.3 Where permitted by law, the Customer may initially be required to arrange reasonable transportation of the product for assessment.

21.4 Where Moonlight determines that a manufacturing or workmanship defect is covered by the voluntary warranty, Moonlight may reimburse reasonable transportation costs incurred in making the valid claim, subject to reasonable evidence.

21.5 Where the issue is not a manufacturing defect and no statutory remedy applies, the Customer may be responsible for reasonable inspection, return, freight or storage costs where those costs have been disclosed and are lawfully recoverable.

21.6 Nothing in this section limits any right to compensation or reimbursement available under the ACL.

22. PRODUCT SAFETY AND RECALLS

22.1 Moonlight takes reasonable steps to ensure that products are safe for their intended and reasonably foreseeable use.

22.2 Customers must follow supplied instructions and warnings.

22.3 If Moonlight becomes aware of a potential safety issue, Moonlight may:

(a) contact affected Customers;

(b) issue a safety notice;

(d) request return of affected products;

(e) provide repairs;

(f) provide replacements;

(g) modify products;

(h) cease supply;

(i) undertake corrective action; or

(j) conduct a recall.

22.4 Customers should reasonably cooperate with safety-related corrective action.

22.5 Moonlight may notify or cooperate with relevant regulators, suppliers, manufacturers or authorities where required or reasonably necessary.

23. PRODUCT DEVELOPMENT AND DESIGN CHANGES

23.1 Moonlight continually develops and improves its products.

23.2 Moonlight may modify designs, dimensions, materials, specifications, mounting systems, fabrication methods and finishes.

23.3 Where a Customer has already placed an order, Moonlight will supply the agreed product subject to reasonable improvements that do not materially alter the agreed product or specification.

23.4 Nothing in this section permits Moonlight to depart from an expressly agreed specification where doing so would breach applicable law.

24. INTELLECTUAL PROPERTY AND OWNERSHIP OF DESIGNS

24.1 All Intellectual Property developed, owned or controlled by Moonlight remains the property of Moonlight unless expressly agreed otherwise in writing.

24.2 This includes:

(a) product designs;

(b) CAD drawings;

(d) templates;

(e) jigs;

(f) fixtures;

(g) patterns;

(h) specifications;

(i) measurements;

(j) manufacturing methods;

(k) fabrication techniques;

(l) product concepts;

(m) photographs;

(n) product files;

(o) digital models;

(p) technical documentation;

(q) know-how; and

(r) other proprietary material.

24.3 Purchasing a Moonlight product does not transfer ownership of Moonlight's underlying Intellectual Property.

24.4 To the maximum extent permitted by law, Customers must not, without Moonlight's prior written consent:

(a) copy Moonlight products;

(b) reproduce Moonlight designs;

(d) re-engineer products for commercial reproduction;

(e) manufacture replicas;

(f) create derivative commercial products;

(g) reproduce Moonlight CAD files;

(h) reproduce Moonlight templates;

(i) provide Moonlight designs to another manufacturer;

(j) use Moonlight designs to manufacture competing products; or

(k) assist another person or business to do any of the above.

24.5 Nothing in this section prevents a Customer from making lawful modifications to their own product for their own personal use where such modification does not infringe Moonlight's Intellectual Property rights or applicable law.

24.6 Moonlight reserves all rights and remedies available under intellectual property law.

25. TRADE MARKS, BRANDING AND BUSINESS MATERIAL

25.1 Moonlight's name, logo, branding, product names, photographs and promotional material remain the property of Moonlight or their respective owners.

25.2 Customers must not represent that they are authorised representatives, manufacturers, distributors or agents of Moonlight unless expressly authorised in writing.

25.3 Customers must not use Moonlight branding in a manner likely to mislead customers, imply endorsement, imply affiliation, damage the brand or infringe Moonlight's rights.

26. WEBSITE USE, CYBERSECURITY AND MALICIOUS ACTIVITY

26.1 The Website is provided for lawful business and customer use.

26.2 Customers must not:

(a) unlawfully access restricted areas;

(b) attempt to bypass security controls;

(d) upload malware;

(e) upload viruses;

(f) deploy ransomware;

(g) deploy spyware;

(h) deploy trojans;

(i) conduct denial-of-service attacks;

(j) conduct distributed denial-of-service attacks;

(k) attempt unauthorised access;

(l) conduct penetration testing without written permission;

(m) scrape or harvest Website data in a manner that interferes with the Website;

(n) exploit vulnerabilities;

(o) interfere with Website operation;

(p) impersonate Moonlight;

(q) distribute malicious links;

(r) engage in phishing;

(s) attempt to obtain passwords or credentials;

(t) use automated systems to attack or overload the Website; or

(u) otherwise interfere with the security, integrity or operation of the Website.

26.3 Moonlight may suspend or restrict access where reasonably necessary to protect the Website, customers, systems or business.

26.4 Moonlight may preserve evidence of suspected unlawful cyber activity and report such activity to relevant authorities.

26.5 Nothing in this section limits rights that cannot lawfully be excluded.

27. CUSTOMER ACCOUNTS AND WEBSITE SECURITY

27.1 Customers are responsible for keeping account credentials confidential.

27.2 Customers must notify Moonlight if they reasonably believe their account has been compromised.

27.3 Customers must not use another person's account without authorisation.

27.4 Moonlight may suspend compromised or suspicious accounts to protect the Website and customers.

28. SOCIAL MEDIA, PUBLIC STATEMENTS AND DEFAMATION

28.1 Moonlight recognises a Customer's lawful right to provide genuine feedback, make complaints and express opinions.

28.2 Customers must not knowingly publish, distribute or communicate false or misleading statements about Moonlight, its employees, products or services.

28.3 Customers must not knowingly publish defamatory material, fraudulent material, impersonations, fabricated reviews or deliberately misleading representations concerning Moonlight.

28.4 Customers must not engage in campaigns designed to unlawfully harass, threaten, intimidate or damage Moonlight, its employees or representatives.

28.5 Where Moonlight reasonably believes that unlawful content has been published, Moonlight may request correction or removal and may pursue any lawful remedies available.

28.6 Nothing in this section prevents a Customer from making a genuine complaint, giving a genuine review, reporting suspected unlawful conduct, communicating with regulators, exercising statutory rights or obtaining legal advice.

28.7 Moonlight reserves its rights in relation to unlawful defamatory, fraudulent or malicious conduct.

29. PHOTOGRAPHY, MARKETING AND CUSTOMER CONTENT

29.1 Moonlight may photograph or record products, fabrication and completed work for internal records and quality-control purposes.

29.2 Where the Customer provides appropriate consent, Moonlight may use photographs or video of the Customer's vehicle, products and completed work for social media, advertising, Website content, product listings, brochures, promotional material and portfolio purposes.

29.3 Moonlight will take reasonable steps to avoid unnecessarily publishing personal information.

29.4 Customers providing photographs, videos, testimonials or other content to Moonlight represent that they have the right to provide that content.

29.5 Where required by law, marketing use will be subject to appropriate consent.

30. VEHICLE LEGALITY, ADR, ENGINEERING AND COMPLIANCE

30.1 Customers are responsible for ensuring that their vehicle complies with applicable laws and requirements.

30.2 Moonlight may provide products intended for off-road, competition, recreational, touring, fabrication or other applications.

30.3 Customers must independently determine whether a particular product or modification is lawful for use on public roads in their jurisdiction.

30.4 Moonlight does not represent that every aftermarket modification is legal for road use in every Australian jurisdiction.

30.5 Where engineering certification, approval, inspection, modification plates or other regulatory approval is required, the Customer is responsible for obtaining that approval unless Moonlight has expressly agreed in writing to provide that service.

30.6 Nothing in this section excludes liability that cannot legally be excluded.

31. CUSTOMER-SUPPLIED INFORMATION AND ACCURACY

31.1 Customers must provide accurate and complete information reasonably required for an order or service.

31.2 Moonlight may rely on information supplied by the Customer unless Moonlight knows or reasonably should know that the information is incorrect.

31.3 Incorrect information may result in additional work, delays, additional costs, incompatibility or the need to manufacture replacement components.

31.4 Moonlight will use reasonable efforts to notify the Customer where incorrect information is identified.

32. CUSTOMER PROPERTY AND CARE OF VEHICLES

32.1 Customers remain responsible for personal property left inside vehicles unless otherwise required by law.

32.2 Customers should remove valuable, fragile or personal items before leaving a vehicle with Moonlight.

32.3 Moonlight will take reasonable care of vehicles while they are in its custody.

32.4 Customers acknowledge that workshop environments may involve dust, welding, grinding, tools, vehicles, machinery and other industrial activity.

32.5 Moonlight will take reasonable precautions to minimise foreseeable risks to Customer property.

33. PARKING AND VEHICLE LIABILITY

33.1 Customers must follow directions regarding where vehicles are to be parked.

33.2 Vehicles left outside designated workshop or secure areas may be exposed to ordinary risks associated with public or unsecured parking.

33.3 Moonlight will not be liable for loss or damage to a vehicle occurring outside Moonlight's custody or control, except to the extent liability cannot lawfully be excluded.

33.4 Nothing in this section excludes liability for damage caused by Moonlight's negligence or other liability that cannot lawfully be excluded.

34. VEHICLE RELEASE AND OUTSTANDING ACCOUNTS

34.1 Subject to applicable law, Moonlight may retain possession of a vehicle or goods until amounts properly owing have been paid.

34.2 Where a lawful right of lien or retention exists, Moonlight may exercise that right.

34.3 Vehicles will generally not be released until the relevant invoice has been paid in full, unless otherwise agreed or required by law.

34.4 This section does not authorise Moonlight to unlawfully withhold property or prevent a Customer from exercising a statutory right.

35. CUSTOMER PROPERTY LEFT AFTER COMPLETION

35.1 Customers must collect vehicles, parts and other property within the agreed collection period.

35.2 Where property is not collected, Moonlight may issue notices and take action under applicable uncollected-goods legislation.

35.3 Moonlight will not automatically dispose of Customer property merely because it has remained uncollected for seven days.

35.4 Any disposal will be undertaken in accordance with applicable law and required procedures.

36. STORAGE FEES

36.1 Where permitted by law, Moonlight may charge reasonable storage fees where a Customer fails to collect a vehicle, product, part or other property after being notified that it is ready for collection.

36.2 Moonlight will provide reasonable notice of applicable storage charges where practicable.

36.3 Storage charges do not override statutory requirements applying to uncollected goods.

36.4 Customers remain responsible for lawful storage charges properly incurred.

37. UNCOLLECTED GOODS

37.1 Where goods or vehicles remain uncollected, Moonlight may rely upon applicable legislation governing uncollected goods.

37.2 For goods located in Western Australia, this may include the Disposal of Uncollected Goods Act 1970 (WA) and associated regulations.

37.3 The applicable process depends upon the type and value of the goods.

37.4 Moonlight may issue statutory notices and take other steps permitted by law.

37.5 For prescribed goods, including motor vehicle parts and accessories, Moonlight will follow the applicable statutory procedure before selling or otherwise disposing of those goods.

37.6 Where goods fall into another statutory category, including goods valued above or below relevant statutory thresholds, Moonlight will follow the applicable procedure for that category.

37.7 Where goods are sold pursuant to applicable legislation, Moonlight may deduct lawful and reasonable amounts from sale proceeds as permitted by law.

37.8 Any surplus will be dealt with in accordance with applicable legislation.

37.9 If the Customer disputes the process, charges or condition of the goods, Moonlight will deal with the dispute in accordance with applicable law.

37.10 Nothing in these Terms gives Moonlight a contractual right to dispose of Customer property in a manner inconsistent with applicable legislation.

38. CUSTOM WORK DEPOSITS

38.1 Moonlight may require a deposit before commencing Custom Work.

38.2 Unless otherwise stated, a minimum deposit of $200 may apply to Custom Work.

38.3 The deposit may be applied towards the total price of the work.

38.4 Where the Customer cancels Custom Work after Moonlight has incurred costs, committed resources or commenced preparation, Moonlight may retain or apply a reasonable portion of the deposit to cover amounts lawfully recoverable.

38.5 A deposit will not be described as non-refundable where applicable law requires it to be refunded.

38.6 Where Moonlight cancels the work for reasons not attributable to the Customer, any refundable balance will be dealt with in accordance with the agreement and applicable law.

39. CUSTOMER CANCELLATION OF CUSTOM WORK

39.1 Customers should carefully consider Custom Work requirements before approving the project.

39.2 Once Moonlight has commenced design, fabrication, procurement or other preparation, cancellation may result in costs being incurred.

39.3 Moonlight may recover reasonable costs actually incurred as a result of Customer cancellation where permitted by law.

39.4 Moonlight will not impose a cancellation charge that is prohibited by the ACL or other applicable legislation.

40. PAYMENT DISPUTES AND CHARGEBACKS

40.1 Customers should contact Moonlight promptly if they believe an invoice or payment is incorrect.

40.2 Moonlight will reasonably investigate genuine payment disputes.

40.3 Customers retain any rights available through their payment provider or applicable law.

40.4 Where a chargeback or payment dispute is initiated, Moonlight may provide relevant transaction records to the payment provider or financial institution.

40.5 Moonlight will not prevent a Customer from exercising a lawful statutory right.

40.6 Where only part of an invoice is genuinely disputed, the undisputed amount remains payable unless otherwise agreed or legally withheld.

41. ELECTRONIC COMMUNICATIONS AND APPROVALS

41.1 Moonlight may communicate with Customers electronically.

41.2 This may include email, SMS, online portals, electronic signatures, online ordering systems, messaging services and other agreed communication methods.

41.3 Electronic approvals may be relied upon where they reasonably identify the Customer and the relevant transaction.

41.4 Customers should carefully review quotations, variations and approvals before confirming them.

41.5 Moonlight may retain relevant electronic records for business, legal, accounting, warranty and dispute-resolution purposes.

42. PRODUCT SAFETY AND CUSTOMER USE

42.1 Customers must use products only for their intended or reasonably foreseeable purpose.

42.2 Customers must follow supplied installation and safety instructions.

42.3 Customers should obtain professional installation where they do not possess the appropriate skills or equipment.

42.4 Customers should obtain professional engineering advice or certification where reasonably appropriate.

42.5 Customers must not knowingly use a product in a manner that creates an unreasonable safety risk.

43. PRIVACY AND CUSTOMER INFORMATION

43.1 Moonlight may collect and retain information reasonably necessary to process orders, provide services, communicate with Customers, administer warranties, process payments, manage disputes, maintain business records and comply with legal obligations.

43.2 Moonlight will handle personal information in accordance with applicable privacy laws and its Privacy Policy where applicable.

43.3 Customers should provide accurate contact details and notify Moonlight of material changes.

44. FORCE MAJEURE AND EVENTS OUTSIDE REASONABLE CONTROL

44.1 Moonlight will not be responsible for delay caused by circumstances beyond its reasonable control, to the extent permitted by law.

44.2 Such circumstances may include natural disasters, severe weather, fire, flood, industrial action, supplier failure, material shortages, transport disruption, government restrictions, power outages, cyber incidents, equipment failure or other circumstances outside reasonable control.

44.3 Moonlight will use reasonable efforts to minimise the effect of such circumstances.

44.4 Nothing in this clause excludes any statutory right that cannot lawfully be excluded.

45. PRODUCT RECALLS AND CORRECTIVE ACTION

45.1 Moonlight may undertake corrective action where a product is identified as potentially defective or unsafe.

45.2 Corrective action may include inspection, repair, replacement, modification, refund, recall or another appropriate remedy.

45.3 Customers must reasonably cooperate with safety recalls or corrective actions.

45.4 Moonlight will comply with applicable mandatory reporting and product-safety obligations.

46. BUSINESS CUSTOMERS AND TRADE CUSTOMERS

46.1 These Terms may apply to consumers, businesses, trade customers, contractors and commercial customers.

46.2 A business customer may still be a "consumer" for the purposes of the ACL in circumstances prescribed by law.

46.3 Nothing in these Terms is intended to exclude consumer guarantees where they apply to a business transaction.

46.4 Where statutory consumer guarantees do not apply, the parties' contractual rights will be determined by these Terms, the applicable quotation and other applicable law.

47. LIMITATION OF LIABILITY

47.1 Nothing in these Terms excludes, restricts or modifies liability that cannot lawfully be excluded.

47.2 To the extent permitted by law, Moonlight will not be liable for loss caused by Customer misuse, unauthorised modifications, incorrect installation, failure to follow instructions, pre-existing vehicle defects, undisclosed modifications, customer-supplied defective components, unlawful use of products, third-party acts or circumstances outside Moonlight's reasonable control.

47.3 Where the ACL or another applicable law provides a mandatory remedy, that remedy prevails.

47.4 Any limitation of liability is intended to operate only to the maximum extent permitted by applicable law.

48. INSURANCE AND THIRD-PARTY SERVICES

48.1 Moonlight may engage third-party suppliers, contractors, freight companies or service providers where reasonably necessary.

48.2 Moonlight remains responsible for its own obligations under applicable law.

48.3 Customers are responsible for maintaining appropriate insurance for their vehicle and property where reasonably appropriate.

48.4 Customers should notify their insurer of modifications where required by their insurance policy.

49. DISPUTE RESOLUTION

49.1 Customers should first contact Moonlight to attempt to resolve any dispute.

49.2 Moonlight will make reasonable efforts to investigate genuine complaints.

49.3 Customers may seek assistance from relevant consumer protection agencies or other lawful dispute-resolution bodies.

49.4 Nothing in this section prevents a Customer from exercising a statutory right or commencing lawful proceedings.

49.5 Moonlight reserves the right to seek legal advice and take lawful action where necessary to protect its business, property, intellectual property or legal interests.

50. WEBSITE CONTENT AND PRODUCT INFORMATION

50.1 Moonlight makes reasonable efforts to ensure that Website information is accurate.

50.2 Product photographs may differ from actual products due to lighting, photography, screen settings, manufacturing changes, powder coating, colour variations and other reasonable differences.

50.3 Website descriptions do not override an express written specification agreed with a Customer.

50.4 Moonlight may correct typographical, pricing or product-description errors.

51. INTELLECTUAL PROPERTY INFRINGEMENT

51.1 Moonlight reserves the right to take lawful action against unauthorised copying, reproduction or commercial exploitation of its Intellectual Property.

51.2 Where Moonlight reasonably believes that a third party is unlawfully reproducing Moonlight products or designs, Moonlight may take any lawful action available.

51.3 This may include seeking removal of infringing material, undertakings, compensation, injunctions, damages, legal costs where recoverable or other appropriate remedies.

51.4 Nothing in this section prevents lawful personal use or modification that does not infringe Moonlight's rights.

52. SOCIAL MEDIA AND ONLINE BUSINESS PROTECTION

52.1 Moonlight recognises the importance of genuine customer feedback.

52.2 Customers may communicate genuine experiences and opinions, including negative experiences, provided that the communication is lawful.

52.3 Customers must not knowingly engage in fabricated reviews, fake accounts, impersonation, fraudulent representations, malicious misinformation, threats, harassment, unlawful intimidation, coordinated fraudulent campaigns or knowingly defamatory conduct.

52.4 Moonlight may preserve evidence of unlawful online conduct and seek appropriate legal remedies.

52.5 Nothing in this section restricts a Customer from making a genuine complaint to a regulator, consumer protection agency, court, tribunal, insurer or other lawful authority.

53. TERMINATION OR SUSPENSION OF SERVICES

53.1 Moonlight may suspend or terminate services where permitted by law if an account is materially overdue, the Customer provides materially false information, the Customer engages in abusive or threatening behaviour, continuing the work creates a safety risk, continuing the work would be unlawful, the Customer materially breaches these Terms or another lawful basis exists.

53.2 Where reasonably practicable, Moonlight will provide notice and an opportunity to remedy a breach.

53.3 Termination does not affect accrued rights or obligations.

54. SEVERABILITY

54.1 If any provision of these Terms is found to be invalid, void, unenforceable or unlawful, that provision will be read down or severed to the extent necessary.

54.2 The remaining provisions will continue to operate to the extent permitted by law.

54.3 A provision will not be interpreted as excluding a statutory right merely because another interpretation could be given to it.

55. NO WAIVER

55.1 A failure by Moonlight to enforce a provision immediately does not constitute a waiver of that provision.

55.2 A waiver must be expressly communicated by Moonlight.

55.3 A waiver on one occasion does not constitute a continuing waiver.

56. CHANGES TO THESE TERMS

56.1 Moonlight may update these Terms from time to time.

56.2 Updated Terms will generally apply to future transactions from the date they take effect.

56.3 Changes will not retrospectively remove or reduce rights already accrued under an existing agreement where doing so would be unlawful.

57. GOVERNING LAW

57.1 These Terms are governed by the laws applicable in Western Australia, subject to any applicable Commonwealth law.

57.2 Customers and Moonlight submit to the jurisdiction of the courts and tribunals having jurisdiction in Western Australia, subject to any mandatory jurisdiction applicable to a particular dispute.

58. CONSUMER GUARANTEES AND VOLUNTARY WARRANTIES — IMPORTANT NOTICE

58.1 The warranties and policies contained in these Terms are voluntary warranties and commercial policies provided by Moonlight.

58.2 They operate in addition to, and do not replace, the Customer's rights under the ACL.

58.3 Customers may have rights to remedies including repair, replacement, refund, cancellation, compensation or other remedies where a product or service fails to comply with applicable consumer guarantees.

58.4 Those rights may continue beyond any express 12-month warranty period.

58.5 A Customer should not assume that the expiry of a 12-month voluntary warranty automatically ends all rights available under the ACL.

58.6 Nothing in these Terms is intended to mislead Customers about their rights under Australian consumer law.

59. WARRANTY AGAINST DEFECTS — CONSUMER NOTICE

59.1 Where Moonlight provides a warranty against defects to a consumer, the warranty is provided in addition to the consumer's rights under the ACL.

59.2 To the extent required by applicable law, Moonlight will provide the information required to accompany a warranty against defects, including information concerning:

(a) the nature and duration of the warranty;

(b) the procedure for making a claim;

(d) Moonlight's contact details; and

(e) the statutory consumer guarantees that apply independently of the warranty.

59.3 The Customer should retain their invoice or other proof of purchase.

59.4 Nothing in the voluntary warranty limits the Customer's statutory rights.

60. FINAL ACKNOWLEDGEMENT

60.1 By placing an order, purchasing goods, approving a quotation, requesting services or otherwise engaging Moonlight, the Customer acknowledges that they have had the opportunity to review these Terms.

60.2 The Customer acknowledges that they are responsible for providing accurate information relevant to their order or vehicle.

60.3 The Customer acknowledges that custom, fabricated and modified products may require professional installation and/or engineering approval depending on the intended use and applicable law.

60.4 The Customer acknowledges that Moonlight's voluntary warranties operate in addition to statutory consumer guarantees.

60.5 Nothing in these Terms is intended to exclude, restrict or modify any right or remedy that cannot lawfully be excluded, restricted or modified.

IMPORTANT CONSUMER LAW NOTICE

Moonlight Stainless 4WD Performance does not seek to exclude or limit any rights a consumer has under the Australian Consumer Law.

Our products and services come with guarantees that cannot be excluded under the Australian Consumer Law.

For a major failure with goods, a consumer may be entitled to choose a refund or replacement. For a major failure with a service, a consumer may be entitled to cancel the service contract and obtain a refund for the unused portion, or compensation for the reduction in value.

Consumers may also be entitled to have goods repaired or replaced where a failure does not amount to a major failure.

The remedies available depend on the circumstances and applicable law.

These statutory rights apply independently of Moonlight's voluntary 12-month warranty.

CUSTOMER CONTACT

Empire Holdings (Aust) Pty Ltd trading as Moonlight Stainless 4WD Performance