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Conditions of Use

Welcome to our online store! Powerflow Performance and its associates provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.


TERMS AND CONDITIONS of Powerflow Performance Pty Ltd
1.1    In these Terms and Conditions:
    “Buyer” or “Customer” means the person, firm or company placing an order with the Seller for the purchase of Goods.
    “Goods” means the products and, if any, services supplied by the Seller to the Buyer from time to time.
    “Seller” or “Supplier” means Powerflow (ABN 20132745085) (ACN 132745085)
1.2    The Goods sold by the Seller are sold subject to these terms and conditions
1.3    The Contract between the seller and the Buyer in relation to the supply of Goods will comprise the quotation (if any), the acceptance of the quotation and these Terms and Conditions.
Price and Payment terms
2.1    Prices quoted are subject to variation without notice. GST will be added where applicable in accordance with Clause 9 of the Terms and Conditions and the A New Tax System (Goods and Services Tax) Act 1999.
2.2    Unless otherwise agreed by the Seller, terms of payment shall be net 30 days terms which requires that payment shall be strictly net within 30 days after the end of the month in which the Goods are invoiced.
2.3    Where the Customer fails to effect payment by the due date, the Seller may at its discretion and without attracting any liability to the Buyer, withhold delivery
2.4    Where the Customer agrees to purchase goods via credit card and/or payment plan, the Seller reserves the right to charge the customer for the initial payment and all subsequent payments without seeking further permission from the customer
2.5    The Seller shall (in addition to any other remedy) be entitled to charge interest in respect of any period during which payments are overdue at the rates prescribed by the Penalty Interest Rates Act 1958 (Vic) from time to time calculated from the due date until payment is made in full.
2.6    The Seller shall be entitled to charge the Customer for any costs associated with collection of overdue payments and/or debts to the Seller
2.7    Customers may not make deductions from payment in anticipation of receiving a credit on their account. A Return of Goods Authority (RGA) must be requested from the Seller and a credit note will be raised if approved.
2.8    The Seller accepts no responsibility for goods damaged or lost in transit when being returned to the Seller for credit
2.9    All returned goods must be returned within 14 days of date of invoice in original condition, in original packaging. Damaged, used, worn, out-of-date, or shop-soiled goods will not be accepted. Special orders and customised products will not be credited under any circumstances
2.10    All goods returned for credit, if accepted will be credited to the Seller account or by way of replacement goods. No cash refunds will be considered.
2.11    Fuel injector cores returned for core credit must be matched against the injector supply invoice where the same part number was supplied.
2.12    Core credits are processed at the end of each calendar month.
3.1    The freight costs and insurance are to be borne by the Buyer unless otherwise agreed between the two parties.
3.2    The Seller reserves the right to accept any order in whole or in part, or to decline any order. Where the Seller makes a delivery in respect of part only of an order such delivery shall constitute a separate contract.
Property and Risk
4.1    Property and ownership in the Goods shall remain with the Seller until such time as the Seller has received FULL payment of the purchase price of the Goods and the purchase price of any other Goods or services previously or subsequently supplied by the seller to the Customer whereupon property and ownership of the Goods shall pass to the Customer. Until such time as property and ownership in the Goods passes to the Customer, the Customer shall hold all Goods as the fiduciary agent of the Seller and shall remain liable to account to the Seller for the Goods. If payment is not made by the due date pursuant to Clause 2 of these Terms and Conditions, then the Customer agrees that the Seller may enter the premises of the Customer (or any other premises to which any Goods have been delivered by the Customer) and take Goods to the value of the amount due and payable in satisfaction of the amount due and payable (whether there is any money payable in relation to those Goods or not).
4.2    The Buyer agrees to assume all risks and liabilities for and in respect of the Goods and for injuries to or death of persons or damage to property however arising from the possession, use, maintenance, repair or storage of the Goods from the time that the Goods are delivered to the Buyer.
5.1    The Seller warrants the Goods against defects in factory workmanship and materials within the warranty period for new products which may change from time to time. The warranty period for reconditioned or repaired items shall be 90 days from the date of invoice.
5.2    The Seller’s liability with respect to this warranty shall be limited at the option of the Seller to the repair or replacement of the Goods. Removal costs, refitting costs and all freight costs associated with warranty claims are the responsibility of the Seller limited in total to the price of the Goods, unless otherwise agreed in writing between the Seller and the Buyer. In case of “No fault found” removal cost, refitting cost and freight cost are the responsibility of the Buyer.
5.3    This warranty shall not apply to Goods that have been opened by a third party, contaminated by oil, water or grease, fitted in excessive vibration environments if not specifically stated in its specification or improperly connected. Glass and capillary breakages are excluded from the provisions of this warranty.
5.4    To the full extent permitted by law, the warranty contained in this Clause 5 is the sole warranty provided by the Seller in relation to the Goods.
Claims and Return of Goods
1.1    No Goods will be accepted for return and credit after the end of the warranty period.
2.1    The customer must notify the Seller of any defect coming within the provisions of the warranty under Claude 5.1 in writing within 10 days of the fault occurring.
3.1    Before any lodgement of a claim the Customer must notify the Seller and will be issued a Return Authority (RA) Number which must be quoted on all ensuing correspondence, including but not limited to requests for credit.
4.1    The Seller shall be under no obligation to accept Goods returned for credit. The amount of any credit given (if any) shall be solely at the discretion of the Seller.
5.1    Goods returned for credit must be accompanied by all documents required. Goods sent without documents are returned to Customers at Customer’s expense.
6.1    The Customer must notify the Seller of any short, or incorrect supplies in writing within 14 days of the invoice date.
7.1    The Buyer has no authority to bind the Seller by any representation undertaking assertion or statement in relation to the Goods unless expressly authorised in writing by the Seller to do so.
7.2    These Terms and Conditions shall at all times be governed by and be construed and interpreted according to the law of the State of Victoria and the Customer hereby irrevocably submits to the jurisdiction of the Courts of that State and all Courts of appeal there from.
7.3    Each of the provisions of the Contract and of these Terms and Conditions of Sale are severable and distinct from the others to the intent that if at any time one or more of such provisions is or becomes void, invalid, illegal or unenforceable for any reason the validity, legality and enforceability for any reason the validity, legality and enforceability of the remaining provisions of the Contract shall not in any way be affected or impaired thereby and shall continue to bind the Seller and the Buyer.
7.4    These Terms and Conditions will supersede all previous Terms and Conditions.
8.1    If the buyer is a proprietary limited company, then the Buyer shall, if requested by the Seller, procure that its Directors enter into a Guarantee and Indemnity in the form as provided by the Seller.
9.1    But from this Clause 9, all amounts expressed or described in the Contract are GST exclusive amounts.
9.2    Subject to Clause 9.7, if any GST (within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 as amended from time to time, “GST”) is payable by the Seller in respect of the supply of the Goods to the Buyer then the amount expressed or described in this Contract (“Original Amount”) is to be increased so that the Seller receives an amount (“Increased Amount”) which, after subtracting the GST liability of the Seller on that Increased Amount, results in the Seller retaining the Original Amount after payment of that GST liability.
9.3    But for this Clause 9, all out of pocket expenses referred to in this Contract are GST inclusive out of pocket expenses.
9.4    If the buyer is obliged to reimburse the Seller for all or any part of any out of pocket expenses, the amount which the Buyer must reimburse is limited to the Buyer’s portion of the amount paid or payable by the Seller in respect of that out of pocket expense less the corresponding proportionate amount of any input tax credit claimable by the Seller in respect of that out of pocket expense, plus any adjustment to that amount under Clause 9.2
9.5    The Seller will do all things reasonably available to it to minimise any increase in any Original Amount under this Clause 9, and to minimise any increase in any out of pocket expenses.
9.6    The Seller will do all things reasonably available to it to assist the Buyer to claim on a timely basis any input tax credits (if any) the Buyer may be entitled to claim for any acquisition of the Goods from the Seller, This includes the Seller maintaining its registered status for GST purposes, and issuing tax invoices for supplies made under this Contract on a timely basis as reasonably requested by the Recipient.
9.7    The Seller acknowledges that under the GST Law the Seller is required from the date the GST is imposed, and at all times that a GST related tax reform takes effect, to reduce the consideration payable by the Buyer to the extent that the cost to the Seller of supplying the Goods under this Contract is reduced.
Intellectual Property
10.1    Any intellectual Property Rights in relation to the Goods which are created or developed by the seller will vest in the Seller unless the Seller and the Buyer otherwise agree in writing.
Force Majeure
11.1    The Seller will not be liable for damages or otherwise for any failure to fulfil an order which is caused, whether wholly or partially, by an event beyond its reasonable control including but not limited to acts of God, force majeure, war, fire, explosion, rioting, burglary, theft, civil disturbances, restrictions by governments (local, municipal, State or Federal) or other competent authority, strikes or lockouts (whether at the Seller’s premises or not), accidents either at the Seller’s premises or when in transit to or from those premises, failure by subcontractors and the late arrival of stock or other material.

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