General Terms and Conditions of Sale - Hyperpro Australia
Last Updated: 19/11/2026
Entity: Hyperpro Australia (ABN: 34 232 138 374)
Location: 968 Heaslip Road, Macdonald Park SA 5121
This document outlines the binding terms and conditions governing all sales by Hyperpro Australia. By placing an order with us, you (“the Buyer”) agree to these terms in their entirety.
1. The Agreement
"We," "Us," or "Our" refers to Hyperpro Australia.
"You" or "the Buyer" refers to you, our customer.
Entire Agreement: These Terms, together with our Warranty & Returns Policy and your specific Order Confirmation, constitute the entire agreement between us. This supersedes all prior discussions or negotiations.
Precedence: In the event of a conflict, the details on your final Order Confirmation will prevail over these general Terms.
Your Terms Not Accepted: We expressly reject any terms and conditions proposed by you.
2. Quotes, Orders, and Product Specifications
Quotes: All quotes are provided without obligation and are valid for 30 days unless otherwise stated.
Your Responsibility for Accuracy: You are solely responsible for providing accurate and complete information for your order, including but not limited to motorcycle make, model, year, and specific rider/load data for custom builds. We are not liable for issues arising from incorrect information supplied by you.
Order Confirmation: An agreement is only formed when we issue a written Order Confirmation. This confirmation is the definitive record of the goods to be supplied.
Product Information: All drawings, technical descriptions, colours, and specifications provided by us are for guidance purposes only. We reserve the right to make minor modifications. Such data is not binding unless explicitly stated in the Order Confirmation.
3. Pricing and Payment
Currency and GST: All prices are in Australian Dollars (AUD) and are exclusive of Goods and Services Tax (GST) unless otherwise specified.
Price Changes: We reserve the right to adjust pricing prior to delivery if we experience significant changes in our own cost factors, such as supplier costs or exchange rates.
Payment Terms: Payment is due within 30 days of the invoice date unless otherwise agreed in writing.
Late Payments : If payment is not made by the due date, you will be in default. We reserve the right to charge interest on the overdue amount at the prevailing statutory rate and you will be liable for all reasonable costs incurred by us in recovering the debt.
No Set-Off: You may not withhold payment or deduct any amount from an invoice based on a counterclaim or alleged debt you believe we owe you.
4. Delivery, Risk, and Acceptance
Delivery Terms: Unless otherwise agreed, delivery is Ex Works (our warehouse). Risk of loss or damage to the goods passes to you at the moment the goods are dispatched from our premises.
Inspection: You must inspect all goods promptly upon delivery. Any claim for discrepancy, damage, or defect must be initiated by following the official process outlined in our Warranty & Returns Policy.
Failure to Accept Delivery: If you fail or refuse to accept delivery of the goods, we are entitled to store the goods at your risk and expense.
5. Ownership and Security Interest (PPSA)
Retention of Title: We remain the legal and beneficial owner of all goods supplied until you have paid all amounts owing to us in full.
Security Interest: You acknowledge that these terms create a Security Interest in the goods (and their proceeds) under the Personal Property Securities Act 2009 (PPSA). You agree to do all things necessary to enable us to register and perfect this security interest.
Your Obligations: Until title passes to you, you must: (a) store the goods separately and in a manner that clearly identifies them as our property; (b) not encumber the goods or use them as security for any other debt; and (c) ensure the goods are insured against theft, fire, and damage.
6. Warranty, Returns, and Your Consumer Rights
Single Governing Policy: All returns, warranty claims, and procedures for handling faulty or not-as-described goods are governed exclusively by the official Hyperpro Australia Warranty & Returns Policy, available at https://hyperpro.com.au/warranty-returns-policy. That policy is incorporated into and forms a binding part of these terms.
Australian Consumer Law (ACL): Our policies, including the limitations and exclusions herein, do not override your statutory rights and guarantees as a consumer under the ACL.
No Other Warranties: Other than the provisions in our official Warranty & Returns Policy and your non-excludable rights under the ACL, we make no other warranties or representations, express or implied.
7. Your Responsibilities for Installation and Use
Professional Installation Required:: Our products are high-performance components that require correct installation by a qualified motorcycle technician. We are not liable for any damage, failure, or loss resulting from improper installation, lack of maintenance, or incorrect setup.
Intended Use:: Products must be used for the purpose for which they were designed. Using a product in extreme conditions for which it was not specified (e.g., using a street-spec product for professional racing) is done at your own risk and may void the warranty.
Modifications: Any unauthorised modification, repair, or alteration of our products will void any warranty and is done entirely at your own risk.
8. Limitation of Liability
To the maximum extent permitted by law, but subject always to our obligations under the Australian Consumer Law, our total liability for any claim, loss, or damage arising from or related to our goods or services is limited to the purchase price of the goods in question.
We are not liable for any indirect, special, or consequential loss, including but not limited to loss of profit, loss of business opportunity, or damage to reputation.
9. Termination
We may suspend or terminate our agreement by written notice if you breach these terms (including failure to pay), become insolvent, enter administration, or are declared bankrupt.
10. General Provisions
Force Majeure: We are not liable for any failure to perform our obligations if such failure is a result of an event beyond our reasonable control (e.g., natural disaster, war, major supply chain disruption).
Indemnity: You agree to indemnify us against any loss, claim, or damage we may suffer as a result of your negligence or breach of these terms.
Governing Law: This agreement is governed by the laws of South Australia and the Commonwealth of Australia. Any disputes shall be resolved through arbitration in South Australia.
