In consideration of you viewing this website, customer portal, or other app (“Platform”) you agree to be bound by the following terms and conditions:

Copyright

Copyright 2023 Daimler Truck Australia Pacific Pty Ltd (“DTAuP”). The text, images, graphics, sound files, animation files, video files and their arrangement on DTAuP and/or any of DTAuP’s related entities’ (“Daimler Truck Group”) Platforms are all subject to copyright and other intellectual property protection laws in Australia and other countries, including but not limited to the Copyright Act 1968 (Cth) and through international treaties. Apart from any use that is permitted under the Copyright Act 1968 (Cth) all rights are reserved. These objects may not be copied for commercial use or distribution, nor may these objects be modified or reposted to other Internet sites. Some DTAuP and/or Daimler Truck Group companies’ Platforms also contain images that are subject to the copyright rights of third party providers.

Trade Marks

This Platform includes registered trade marks, trade marks which are the subject of pending applications and trade marks which are otherwise protected by law. Unless otherwise indicated, all trade marks displayed on this Platform are subject to the trade mark rights of specific companies within the Daimler Truck Group. These include without limitation each of Daimler Truck Group’s primary brands (Mercedes-Benz, Sterling, Freightliner, Evobus and Fuso) and the model name plates, corporate logos and emblems of the Daimler Truck Group.

Product Variations

Some of the product information, illustrations and images featured on this Platform are European and reflect each vehicle’s performance and features under European conditions. Any such information, illustrations and images are indicative and for guidance only. Refer to an authorised dealer for current information. Consequently, some of the information and/or accessories are not available in some countries or which; in order to satisfy local market demand or regulatory controls may only be available in different specifications or configurations.If you are interested in any vehicle model, paint, option or accessory shown on this Platform and are unsure of its availability or specification in your locality, you should contact your local authorised dealer for the relevant product or brand, including information of current details and options available in your locality.

Prices

Unless otherwise stated, all prices specified are the recommended maximum retail prices. Prices are current at the time of publication and are subject to change at any time and from time to time without notice.

No Warranties or Representations

DTAuP may at any time and from time to time at its full and complete discretion make any changes to the information that is contained in this Platform. This information is provided by DTAuP "as is" and to the extent permitted by law, is provided without warranty of any kind, expressed or implied, including (but not limited to) any implied warranties of merchantability, fitness for any particular purpose, or non-infringement. While the information provided is believed to be accurate, it may include errors or inaccuracies. As such, no reliance whatsoever should be placed on the information that is contained in this site as being accurate, complete and up to date. To the extent permitted by law, DTAuP is not responsible for and will not accept responsibility or liability for any cost, damage, expense or loss (whether direct or indirect) that is or may be incurred as a result of any possible error, misrepresentation and or omission that is, was, or may be contained in this Platform at any time and from time to time.

No Licenses

DTAuP has sought to achieve an innovative and informative Platform. We hope that you will be as enthusiastic as we are about this creative effort. However, we must protect our intellectual property, including patents, trade marks and copyrights. Accordingly, you are hereby on notice that neither this Platform, nor any material contained therein shall in any way grant or be taken to grant any person a license to Daimler Truck Group’s intellectual property.

Links to Other Sites

Our Platforms may contain links to other Internet sites that are owned by third parties, including our authorised Daimler Truck Dealers. When accessing third party Internet sites and using those products and services you agree and undertake to do so at your own risk.

Microsoft Teams Meetings

If participating in any Microsoft Teams meetings run by or on behalf of Daimler Truck Group, by accessing the provided Microsoft Teams link, you acknowledge and agree that such meetings may be recorded. These recordings may be used for record-keeping, internal training, quality assurance, or other legitimate business purposes. Participants are responsible for adhering to any terms and conditions specified by the meeting host during these meetings and must refrain from unauthorised recording or dissemination of meeting content without prior consent. Please be aware that participation in these meetings implies understanding and consent to potential recording. If you prefer not to be recorded, please promptly inform the meeting host and exit the meeting. Participants should refrain from discussing sensitive, confidential, or proprietary information during the meeting if they do not wish it to be part of the recording.

Finance Products

Daimler Truck Financial Services Australia Pty Ltd (ABN 23 651 056 825) (“DTFS”) is the finance arm of the Australian branch of the Daimler Truck Group. Any information, publications, statements or references to finance made directly on this Platform are made by DTFS and must be read subject to the respective DTFS disclaimers, legal notice and privacy statement.

Information contained in summaries of finance products is subject to change at any time without notice. This may include indicative interest rates, terms available, estimated payments and fees and charges.

If you are interested in any finance product, you should contact your local finance provider to obtain confirmation of current details.

The provision of finance is subject to the financier’s usual credit approval processes. The details provided on this Platform are not intended, and shall not be construed, as an offer to provide finance on the terms stated.

Daimler Truck Parts Portal

Parts Portal Website: When accessing the Daimler Trucks Parts Portal at www.daimlertruckspartsportal.com.au (‘Parts Store Website’), the following additional Terms govern your use of the Parts Store Website and your purchases of commercial vehicle parts, lubricant or accessories ("Parts") through the Parts Store Website within Australia. By accessing and using the Parts Store Website and/or making a purchase in the Parts Store Website, you agree to be bound by these further Terms.

Ordering: To place an order for Parts within the Parts Store Website, you must register by providing a verifiable email address and set up a unique password.  By placing an order for Parts through the Parts Store Website, you make an offer to purchase the selected Parts subject to these Terms, noting that the seller of the Parts is the selected participating Daimler Truck authorised parts dealer (“Seller’). The Seller reserves the right to accept or decline any order at its sole discretion, and the Seller’s Terms and Conditions of Sale will also apply to the purchase of the Parts. To the extent of any inconsistency with these Terms and the Seller’s Terms and Conditions, these Terms shall prevail.

Browsing, Parts Availability and Sales: The information within the Parts Store Website is provided by your selected Seller. DTAuP does not warrant the accuracy of any of this information and to the extent permitted by law is not liable in the event this information fails to comply with any law, including the Competition and Consumer Act. All prices specified are based on information provided by the Seller and are current at the time of publication and subject to change at any time and from time to time without notice. While the Seller endeavors to ensure that the stock availability information within the Parts Store Website is accurate, stock levels may change and there is no guarantee of availability of any specific Part. Browsing the Parts Store Website does not constitute an offer for sale. The offer for sale is made when you place an order through the Parts Store Website. Some Parts require a Vehicle Identification Number (VIN) to be identified before an Order can be placed. It is your responsibility to use the correct VIN to ensure the Part/s Ordered are the correct Parts for your vehicle. Whilst every effort is made to ensure that all Parts details, descriptions and prices which appear on the Parts Store Website are accurate, errors can occur.  If the Seller discovers an error in the price of any Parts which are included within your submitted Order, they will inform you as soon as possible and reserve the right to amend the price and give you the option of confirming your order at the correct price and/or to cancel your Order in respect of the affected Part/s.

Payments: Payment for the ordered Parts must be made through the secure payment gateway provided on the Parts Store Website. Debit and credit cards are accepted forms of payment. Unless indicated otherwise, prices on the Parts Store Website are for the Part items only, and do not include fitment or associated consumables. Your authorised Daimler Truck Dealer can advise of your specific requirements and provide you with a quotation for any additional costs that may be incurred relevant to fitment of the Parts.

Delivery or Collection of Parts Orders: Parts orders that have been confirmed and finalised with payment can be collected from the Seller’s Dealership location confirmed in the Order. A One-Time Password (OTP) will be generated upon confirmation of your order. This OTP must be presented to the Seller’s Dealership when collecting the ordered Parts. If you have submitted an Order that includes Delivery to a specified Delivery Location agreed between you and the Seller, an additional Delivery charge will be payable, and such charges will be clearly displayed where applicable and included in the total cost charged by the Seller.

Returns: You may be entitled to a refund or replacement as provided for under the Australian Consumer Law within the Competition and Consumer Act 2010 (Cth) (‘ACL’).  The following will not be regarded as a defect and will not entitle you to a return: (a) faults resulting from normal wear and tear, (b) damage arising from negligence and abuse, (c) damage arising from incorrect use (including fitment) of the Parts, (d) damage arising from a failure to adequately care for the Parts (e) damage arising from unauthorised alterations to the Parts.  You may return an unwanted Part provided: (a) You return the Part to the Seller where the order was processed and collected, (b) the Part is undamaged and unused, with the original labels and stickers still attached, (c) the Part has defects, (d) There are no missing elements to the Part, (e) you return the Part within 30 days of collection or delivery, whichever is applicable.

Please note all reimbursement of funds will be returned to the original Debit Card or Credit Card that was used for the purchase of the Part being reimbursed.

Please find below a list of participating Daimler Truck Authorised Parts Dealers (‘Sellers’) including their further Terms and Conditions of Sale:

General

DTAuP Platforms may be accessed across the globe however are intended to be accessed by those in Australia. We make no representations that Platforms comply with the laws (including intellectual property laws) of any country outside Australia. By using our Platforms, you acknowledge and agree not to:

• post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
• tamper with or hinder the operation of the Platforms;
• knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Platforms;
• use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Platforms;
• modify, adapt, translate or reverse engineer any portion of the Platform;
• remove any copyright, trade mark or other proprietary rights notices contained in or on the Platforms;
• reformat or frame any portion of the web pages that are part of the Platforms;
• create accounts by automated means or under false or fraudulent pretences;
• use the Platforms to violate the security of any computer or other network or engage in illegal conduct;
• take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
• use the Platforms other than in accordance with this legal notice or any other applicable terms and conditions; or
• attempt any of the above acts or engage or permit another person to do any of the above acts.

Should any part of these Terms and Conditions be or become invalid, that part shall be severed from these Terms and Conditions and shall not affect the validity of the remaining provisions.

Content is provided on an “as is” basis and no warranties are made by us as to the completeness or accuracy of the content, including whether use of the website will be uninterrupted, error free, or fit for a particular purpose.

Nothing in these Terms limits, excludes or modifies the statutory consumer guarantees under the Australian Consumer Law within the Competition and Consumer Act 2010 (Cth) or similar consumer protection laws in the States and Territories of Australia (‘Non-Excludable Guarantees’), where you may be entitled to a refund or replacement Part. To the fullest extent permitted by law, we (including our officers, employees, agents and the Sellers) are not responsible for and exclude all liability (including negligence), for any personal injury and any loss or damage (including loss of opportunity), whether direct, indirect, special, contingent or consequential, arising in any way out of your access and use of this Website.

We reserve the right to amend these Terms at any time. Updated Terms will be posted on this Website.

This legal notice shall be governed by and construed in accordance with the laws for the time being in force in the State of Victoria Australia and the parties agree to submit to the non­ exclusive jurisdiction of the courts and tribunals of that State.

© Daimler Truck Australia Pacific Pty Ltd ACN 618 413 282. All rights reserved.

Last updated: November 2023.