Warranty & Returns
1. General
The sale of CIRCO/Winmax products (hereinafter the “Products”) shall be governed by the following General Terms and Conditions of Sale (hereinafter the “Conditions”), which shall be deemed automatically accepted with the issuance of the order by the Client. Such Conditions form part of the contractual relationship between MSB GARAGE and the Client.
Any amendments to these Conditions shall be valid only after MSB GARAGE has accepted them in writing as amending these Conditions and forming an integral part thereof.
2. Conclusion of the agreement
The sale shall be deemed concluded upon MSB GARAGE either confirming in writing the order issued by the Client or starting the performance of such order. In this latter case the Conditions shall be deemed to be accepted by the Customer even in the absence of an order.
3. Delivery and transfer of risk
3.1. The delivery term is calculated in business days and starts from the date of acceptance of the order by MSB GARAGE provided that MSB GARAGE has been supplied with the necessary data to duly perform the sale.
3.2. Except as otherwise agreed in writing by MSB GARAGE and the Client, delivery of Products will be made ex works at MSB GARAGE warehouse. Accordingly, the risk and the danger connected with the Products will pass to the Client upon delivery of such Products to either the carrier or the freighter.
Except in the event of force majeure, delivery will be made in the term either indicated in the order confirmation or established by the written agreement of the parties. No delay shall be deemed to constitute a ground to either cancel the order or to claim damages or loss of profit. In addition, the Products may not be rejected for such reason. MSB GARAGE obligations shall, however, be subject to the availability of the necessary production material.
4. Price
4.1. The sale price of the Products, including the delivery ex works at MSB GARAGE warehouse, will be indicated in the order confirmation. In the event such order confirmation does not make reference to the Products price, MSB GARAGE price list shall apply. In any event, the Products price is not inclusive of taxes, freight and/or any other right.
4.2. In the event of variations of costs of material, labour, and ancillary items, which may be inferred from market quotations, MSB GARAGE may amend the prices of the Products, even if a supply is under way.
5. Invoice and dispatch notice
An invoice will be issued once the goods are ready to be dispatched. The invoice shall be deemed to constitute a dispatch notice.
6. Payment and title retention
Except as otherwise provided for by the order confirmation, only full payments effected at MSB GARAGE business office and within 30 days from the date of issuance of the relevant invoice or within other such terms as nominated by MSB GARAGE will be considered duly made. Payment shall be affected within the agreed term even if delivery of Products is delayed due to transport reasons or to other circumstances that are outside of MSB GARAGE responsibility. In addition, except upon MSB GARAGE written authorisation, the Client may not withhold payment even if the supply of a residual part of the goods is still due.
6.2. In case of delayed payments, the buyer’s default, either total or partial, shall entitle MSB GARAGE to forthwith claim payment.
6.3. The Parties hereby agree that MSB GARAGE will retain title to the Products sold and that title shall only pass to Client upon his payment of the entire price due.
7. Guarantees, liabilities and complaints
7.1. Products
Quality and limits to the use of the Products. The Products are designed and manufactured in compliance with the highest quality standards and in accordance with the specifications provided by the Manufacturer. The Products may be used exclusively for the purposes for which they have been designed and manufactured. Thus, MSB GARAGE shall not have any liability whatsoever in connection with the use of the Products in violation of the aforesaid limits and/or in connection with the normal wear and tear of such Products and/or problems linked to comfort or the presence of noise, vibrations or harsh riding characteristics, nor shall any “Product liability” apply in such cases. Any alteration of or tampering with the Products may endanger their safety and any guarantee given by MSB GARAGE in respect the Products will be terminated by such alteration or tampering.
7.1.2. Installation and Maintenance
The Products must be installed by highly qualified and competent professionals working in their pertinent field, who have been specifically trained on the use for which the Products have been manufactured. The Products shall be submitted to periodical maintenance. Detailed installation and maintenance instructions are set forth within the Products wrapping (hereinafter the “Instructions”). Therefore, MSB GARAGE shall not have any liability whatsoever in connection with Client’s failure to comply with the Instructions and/or in connection with the inappropriate and/or incorrect installation of the Products on vehicles and/or with the lack of and/or inappropriate maintenance of such Products, nor shall any “Product liability” apply in such cases.
7.1.3. Contractual Guarantee and Complaints
MSB GARAGE guarantees that the Products are manufactured with high quality materials free from defects in materials and workmanship and in accordance with the specifications provided by the Manufacturer. Should the Client, having received the Products, notice either an apparent or a hidden defect, he shall communicate it in writing to MSB GARAGE within 5 business days from the date of delivery of the Products or within a different term established by law. The Client, at his own expenses, shall deliver the defective Products ex works to MSB GARAGE in accordance with the instructions given by MOTORSPORT BRAKES. Only in case a defect has been ascertained by MSB GARAGE quality control office, the defective parts of the product will be replaced. In any event,
MSB GARAGE liability, as well as the liability of its agents and/or distributors and/or any other brokers shall not exceed the sale price of the Products. The guarantee shall not apply in case the Products have not been installed and maintained in accordance with the Instructions. MSB GARAGE liability does not exceed the limits set forth in this paragraph and no further guarantee, neither express nor implied, which may determine an extension of such liability, is hereby given. Except upon MSB GARAGE express written authorisation, none of its agents and/or distributors and/or other brokers are authorised to give further guarantees other than those provided for in these Conditions. It should be observed that MSB GARAGE guarantees the materials produced by its suppliers within the limits of the guarantees given by such suppliers to MOTORSPORT BRAKES.
7.2. Racing Products
7.2.1. Guarantees
The sale of “racing” Products shall be governed exclusively by the provisions set out below and specified as racing Products. Products are designed and manufactured to be used exclusively in competitions in accordance with the specifications provided by the Manufacturer and, therefore, shall not be used on public roads. Thus, MSB GARAGE shall not have any liability whatsoever in connection with the use of the Products in violation of such limits and/or in connection with the normal wear and tear and/or for problems linked to comfort or the presence of noise, vibrations or harsh riding characteristics of such Products, nor shall any “Product liability” apply in such cases. Any alteration of or tampering with the “racing” Products may endanger their safety and any guarantee given by MSB GARAGE in respect of the Products will be terminated by any such alteration or tampering.
7.2.2. Installation and maintenance
MSB GARAGE “racing” Products shall be installed by highly qualified and competent professionals working in the “racing” field, who have been specifically trained to operate such kind of products. The “racing” Products shall be submitted to periodical maintenance. Detailed instructions for both installation and maintenance of such products are set forth within the Products wrapping (hereinafter the “Instructions”).
Thus, MSB GARAGE shall not have any liability whatsoever in connection with Client’s failure to comply with the instructions set forth or in connection with their inappropriate and/or incorrect installation on vehicles and/or with the lack of or incorrect maintenance of such Products, nor shall any “Product liability” apply in such cases.
7.2.3. Conditions of use
The Clients acknowledge and accept that due to the particular operative and environmental conditions under which the racing Products operate during competitions, such Products may be subject to use under extreme conditions, which may exceed the project limits and control as set by MOTORSPORT BRAKES. Thus, MSB GARAGE shall not have any liability whatsoever in connection with the use of the “racing” Products under extreme conditions during the competitions, nor shall any “Product liability” apply in such case.
7.2.4. Limits to Contractual Guarantees and Complaints
MSB GARAGE guarantees that the “racing” Products are manufactured with high quality materials, free from defects in materials and workmanship and in accordance with in accordance with the specifications provided by the Manufacturer for “racing” Products Should the Client, having received the “racing” Products, notice either an apparent or a hidden defect, he shall communicate it in writing to MSB GARAGE within 5 business days from the discovery of the faults, or within a different term established by law. The Client shall, at his own expenses, deliver the defective Products ex works to MSB GARAGE in accordance with the instructions given by MOTORSPORT BRAKES. Only in case a defect has actually been ascertained by MSB GARAGE quality control office, the defective parts of the “racing” Products will be replaced. In any event, MSB GARAGE liability, as well as the liability of its agents and/or distributors and/or any other brokers shall not exceed the sale price of the “racing” Products.
The guarantee shall not apply in case the “racing” Products have not been installed and maintained in accordance with the instructions given by MOTORSPORT BRAKES. MSB GARAGE liability shall not exceed the limits set forth in this paragraph and no further guarantee, neither express nor implied, which may determine an extension of such liability, is hereby given. Except upon MSB GARAGE express written authorisation, none of its agents and/or distributors and/or other brokers are authorised to give further guarantees other than those provided for in these Conditions.
8. Applicable law and Competent Court
The sale of the Products between MSB GARAGE and the Client shall be governed by the laws of Australia. The Court of Queensland Australia has exclusive jurisdiction for any disputes that may arise in connection with these Conditions.
Returning a purchased product
Any returns must be PRE-AUTHORISED before sending the product back to us. An RMA number must be allocated for any product that is to be returned.
Firstly, contact the sales staff at MSB via phone or email if you require a return of your item. You will be required to supply photos of the product to confirm its condition, the invoice number, and a reason as to why you want to return the product. If MSB approves your return request, you will be issued with an RMA number and the parts are to be returned to MSB. Returning shipping costs will need to be arranged and covered by the customer, a 15% restocking fee will be charged. MSB is not responsible for lost/damaged goods in transit. Once your item has been returned it will be inspected before any refund will be processed, this may take up to 72 hours.
WHAT can be returned?
Some goods returned for credit are subject to a minimum 15% restocking fee. Special order items are non-returnable. Special-order items are not warranted to any cancellation; the buyer is responsible for ensuring the accuracy of their order at their time of purchase.
Any item that has already departed the warehouse will not be available for cancellation, a refund can occur once the item has been sent back to us in an unopened and new condition with any fees associated with it.
- WHEN do items need to be returned by?
Goods being returned for credit must be received within thirty (30) days of invoice date. - SHIPPING for returns?
The customer is responsible for all freight charges unless otherwise agreed.
CREDIT for returns?
Refunds when approved, will be processed by Bank transfer when bank details are received. Customers can also request a store credit instead of a refund. Some items are subject to a store credit only, please check with our expert staff.
Goods and Packaging?
Goods must be received in their original packaging and the goods and packaging must be in a clean and resaleable condition. Goods will be inspected prior to being accepted as a return. Please note any products that have been opened, test fitted, damaged, packaging or contents lost or damaged will NOT be accepted for return.
Any charges (Shipping, Insurances, Packing Material etc.) that are non-recoverable costs will be deducted from the amount prior to a refund being issued.
Please note any products that have been test fitted, modified in any way from the original design or damaged will result in a non-refundable item.
Please also note shipping costs in your original purchase will not be refunded unless it is an MSB error.
Transactional Fees & Costs
Due to the associated transactional costs from the use of Credit Cards, Afterpay and Zip Money, these charges cannot be refunded.
