Special Order Terms
Version: SO-2026-08-31
These Special Order Terms apply to products or product variants clearly identified as Special Order before purchase.
A Special Order product is sourced specifically in response to your order and is not held by MODE as regular stock.
1. Application and acceptance of these terms
These Special Order Terms apply only where the relevant product or variant is identified as a Special Order before you place your order.
Before placing a Special Order, you must actively confirm that you have read and agree to these Special Order Terms.
MODE records the version of these terms accepted in connection with your order. The version accepted when you place your order forms part of the contract for that order.
Any later changes to these Special Order Terms do not retrospectively change the terms applying to an existing order.
Nothing in these terms excludes, restricts or modifies any right or remedy that cannot lawfully be excluded, restricted or modified.
2. Placing and accepting a Special Order
When you submit a Special Order, you are making an offer to purchase the product on these Special Order Terms.
Full payment is taken when you submit the order.
Receipt of payment or an automated order-received notification does not, by itself, mean MODE has accepted the order.
MODE accepts the Special Order when MODE sends you written confirmation that the Special Order has been accepted.
Until MODE accepts the Special Order, you may withdraw your order and receive a full refund.
If MODE does not accept the Special Order within 3 business days after it is placed, MODE will refund the amount paid unless you agree in writing to allow additional time for acceptance.
Once accepted by MODE, the Special Order becomes a binding contract between you and MODE.
3. Full payment
The full purchase price is payable when the Special Order is placed.
The amount paid is payment for the goods and is not a cancellation fee or penalty.
If the order is not accepted by MODE, or you otherwise become entitled to a refund under these terms or applicable law, MODE will refund the applicable amount.
4. Change-of-mind cancellation where MODE has suffered no loss
You may request cancellation of an accepted Special Order at any time before supply.
If, when your cancellation request is received, MODE has incurred no loss that it would be lawfully entitled to recover as a result of the cancellation , MODE will cancel the Special Order and refund the amount you paid in full.
This means MODE will not retain any part of your payment merely because the product was labelled Special Order where cancelling the order causes MODE no recoverable loss.
Cancellation requests must be made in writing using MODE's published customer service email address or online contact method.
5. Change of mind after MODE has incurred loss
Once MODE has incurred a loss in reliance on an accepted Special Order, you do not have an automatic contractual right to cancel the order or receive a full refund solely because you change your mind.
Change of mind includes circumstances where you:
- no longer want or require the product;
- sell or no longer own the vehicle for which it was ordered;
- decide not to proceed with a modification or project;
- find the product or an alternative elsewhere; or
- otherwise decide not to proceed for reasons unrelated to MODE's breach of contract or your rights under applicable law.
If the Special Order is cancelled or terminated in circumstances where MODE is lawfully entitled to recover loss from you, MODE will take reasonable steps to mitigate that loss.
Any amount retained from money you have paid will be limited to the amount MODE is lawfully entitled to recover.
When determining that amount, MODE will take into account any amount reasonably recovered or recoverable through supplier cancellation, supplier credit, return, resale or other recovery relating to the product.
MODE will not retain both the full purchase price and the full value of goods that MODE is able to recover, return or resell where doing so would exceed MODE's lawful recoverable loss.
Recoverable loss may include, to the extent permitted by law, actual non-refundable supplier costs, reasonable supplier cancellation or restocking charges, freight and handling costs already incurred, reasonable costs resulting from refusal of delivery or collection, and other loss directly resulting from the cancellation or breach.
If MODE retains an amount from your payment under this clause, MODE will provide a written breakdown of the amount on reasonable request.
Any balance due to you after MODE's recoverable loss has been determined will be refunded within 14 days.
Where the final amount of MODE's loss depends on a supplier refund, credit, return or resale that has not yet occurred, MODE will account for that recovery and refund any additional balance due to you within 14 days after the recovery is received or the amount can otherwise reasonably be determined.
This clause does not impose a fixed cancellation charge or penalty.
6. Refusal of delivery or collection
If MODE is ready and willing to supply the Special Order and you fail or refuse to accept delivery or collect the goods within a reasonable period after being requested to do so, you may be responsible for reasonable loss and costs resulting from that failure or refusal to the extent permitted by law.
These costs may include reasonable return freight, re-delivery, storage or care and custody costs actually incurred.
MODE will not impose an arbitrary or predetermined storage, delivery or cancellation penalty under this clause.
Nothing in this clause applies where you are lawfully entitled to reject the goods or refuse delivery.
7. Lead times and Maximum Supply Period
Before you place a Special Order, MODE will display:
- an Estimated Lead Time; and
- a Maximum Supply Period applicable to that product.
The Estimated Lead Time represents MODE's reasonable estimate of the expected supply timeframe based on information available when the representation is made. It is not a guaranteed delivery date unless expressly stated otherwise.
The Maximum Supply Period is the maximum period MODE allows for the Special Order to be ready for dispatch or agreed collection.
Supplier availability, manufacture, freight, customs and other circumstances may affect the Estimated Lead Time.
If MODE cannot have the product ready for dispatch or agreed collection within the Maximum Supply Period, you may cancel the Special Order by written notice and receive a full refund of the amount paid for that product.
You and MODE may agree in writing to extend the Maximum Supply Period.
Supplier costs already incurred do not prevent you from exercising the cancellation right in this clause.
Nothing in this clause excludes or limits any additional right or remedy available to you under applicable law because of delay, non-supply or a representation made by MODE.
8. Product selection
You are responsible for ensuring that information you provide when ordering is accurate, including vehicle details, specifications, options, colours, sizes and configurations.
Where product suitability depends on information supplied by you, MODE is entitled to rely on the accuracy and completeness of that information.
Nothing in this clause excludes or limits any consumer guarantee or other right that cannot lawfully be excluded or limited.
9. Australian Consumer Law
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.
Nothing in these Special Order Terms excludes, restricts or modifies any consumer guarantee, statutory right or remedy that cannot lawfully be excluded, restricted or modified.
In particular, the change-of-mind provisions in these terms do not prevent you from exercising a right that arises because goods are faulty, unsafe, materially different from their description, fail an applicable consumer guarantee, were supplied following misleading or deceptive conduct, are not supplied as agreed, or where another right to cancel, reject the goods or obtain a remedy exists under applicable law.
10. Record of the terms applying to your order
MODE will retain, or be capable of reproducing, the version of these Special Order Terms accepted when your order was placed.
MODE may also retain records associated with your acceptance, including the date and time of acceptance, the product or variant concerned and the acknowledgement presented when the order was placed.
The terms applying to your order are the version you accepted at the time of purchase and cannot be retrospectively replaced by a later version.