In these standard trading conditions (conditions):
Buyer means the person who accepts Truck and Trailer Spares quotation for the supply of Goods and/or Services or whose request for Goods and/or Services is accepted by Truck and Trailer Spares;
Delivery date means the date of delivery of the Goods as notified by Truck and Trailer Spares to the Buyer;
Goods means all goods and services, including spare parts for commercial vehicles, truck, trailer and bus parts, and any other goods or services supplied by Truck and Trailer Spares to the Buyer in accordance with these Terms and Conditions;
Purchase Price means the amount (inclusive of tax) the Buyer must pay to Truck And Trailer Spares for the Goods and/or the Services, being the quote provided by Truck And Trailer Spares or, where no price has been quoted, the price listed on Truck and Trailer Spares website at the date of acceptance of the order.
Truck And Trailer Spares means Truck And Trailer Spares ABN 93 421 388 119, Caroline Springs, VIC, 3023, 03 8582 3032
These conditions govern all supplies of Goods by Truck And Trailer Spares to the Buyer, unless otherwise clearly agreed in writing signed by Truck And Trailer Spares and the Buyer.
- Any quotation is merely an invitation to the Buyer to place an order with Truck And Trailer Spares. Truck And Trailer Spares issue quotations based on information supplied by the Buyer. If the information the Buyer supplies is not correct, the Buyer may order Goods which conform to Truck And Trailer Spares specifications but are not suitable for your purpose.
- The Buyer is responsible for verifying the accuracy of any quotation supplied to the Buyer by Truck And Trailer Spares or any order submitted by the Buyer.
- If the Buyer offers to purchase Goods based on a quotation from Truck And Trailer Spares, then the Buyer’s offer is subject to these conditions.
- Any quotation provided to the Buyer by Truck And Trailer Spares is valid for a period of 14 days from the date of the quotation.
- Truck And Trailer Spares reserve the right to correct any obvious errors in any quotation, tenderor price list, whether technical or otherwise.
- Truck And Trailer Spares are not obliged to accept any order from the Buyer. Any order submitted by the Buyer will become binding from the moment that Truck And Trailer Spares accept the order.
- Truck And Trailer Spares may accept an order by written confirmation or by delivery, and in the case of delivery, only as to the portion of the order actually delivered.
- Each order confirmed by Truck And Trailer Spares will incorporate these Terms and Conditions. If an order is accepted, Truck And Trailer Spares will carry out the order and the Buyer shall pay for the Goods in accordance with these Terms and Conditions.
These conditions overrule any order form
- These conditions apply and prevailed ven if they are in consistent with any thing said or implied in any earlier or later order form or similar document.
Price and Payment
- The Buyer agrees to pay Truck And Trailer Spares the Purchase Price less any applicable discount.
- Truck And Trailer Spares reserves the right to increase the Purchase Price to reflect any increase in the cost to Truck And Trailer Spares due to any factor beyond Truck And Trailer Spares control, any change in delivery dates, quantities or specifications for Goods and/or Services the Buyer requests or any delay cause by the Buyer’s instructions or failure to give Truck And Trailer Spares adequate information or instructions.
- Allprices are in Australian dollars.Irrespective of where the Buyer is located, goods are
- soldex-warehouse and invoiced at the price Truck And Trailer Spares charge on the date of dispatch from itspremises.
- The Buyer must pay all freight, packing, delivery and insurance costs, if Truck And Trailer Spares agree to deliver Goods to the Buyer.
- Delivery times are estimates only and Truck And Trailer Spares are not liable for delays in delivery.
- Truck And Trailer Spares are not responsible for delay caused by something outside of Truck And Trailer Spares reasonable control which makes performance in the usual way impractical. Without limiting those general words, that applies where we have problems due to accidents, strikes, transport difficulties or stockshort ages.
- Truck And Trailer Spares remain the owner of all Goods supplied to the Buyer until the Buyer has paid to Truck And Trailer Spares all amounts owing in respect of all Goods supplied. Title to the Goods will not pass to the Buyer until the Purchase Price is paid in full.
- Until title to the Goods has passed to the Buyer in accordance with this clause, the Buyer holds the Goods as fiduciary bailee of Truck And Trailer Spares and the buyer agrees to store the Goods separately so that the Goods are identifiable as Truck And Trailer Spares property.
- Truck And Trailer Spares may terminate the Buyers right to resell or use the Goods forthwith on written notice of termination being delivered to the Buyer.
- Truck And Trailer Spares may retake possession of the Goods if;
- The Buyer defaults in paying any part of the price or associated charges for the Goods; or
- The Buyer becomes or resolve to become subject to any form of insolvency administration.
- Truck And Trailer Spares may for the purpose of recovery of the Good senter by the iremployees oragents on any premises where the Goods are stored or where they are reasonably thought to be stored and may repossess them. This permission is irrevocable and the Buyer agrees that Truck And Trailer Spares employees or agents so entering are nottrespassing.
- Goods the Buyer holds which meet the description of goods on an invoice for which payment has not been made is in the absence of evidence to the contrary treated as goods to which Truck And Trailer Spares have retained title. Truck And Trailer Spares may exercise its remedies under these provisions against those goods.
- The debt the Buyer owes to Truck And Trailer Spares at the date of repossession of goods is, as between the parties, taken to include any payment Truck And Trailer Spares have previously received which might be claimed to be void under any law relating to bankruptcy, liquidation or the protection of creditors. This is so whether or not a claim has been made.
- The Buyer accepts the risk of damage or loss of Goods Truck And Trailer Spares supplies to the Buyer, from the time the Goods are dispatched from Truck And Trailer Spares premises.
- The Buyer may re-supply the Goods to any other person or entity before the Buyer has paid all amounts which are owing to Truck And Trailer Spares provided that:
- The re-supply is in the ordinary course of the Buyers business;
- All money received by the Buyer for the Goods will be held by the Buyer on trust for Truck And Trailer Spares and
- The Buyer must either:
(i) pay the money immediately when it is received by the Buyer; or
(ii) deposit the money into a bank account and hold it as trustee for Truck And Trailer Spares.
- Truck And Trailer Spares will not beliable, incontract orintortor otherwise, for any costs, damages, expensesor losses incurred by the Buyer or any third party as a result of any action taken under clauses 15 to 23 (inclusive).
- The Buyer must examine the Goods. Unless the Buyer gives written notice to Truck And Trailer Spares of any defects in the Goods within 7 days of the delivery date, the Buyer is deemed to have accepted the Goods as being of merchantable quality, free of defects.
Cancellations, Deferrals and Returns
- Once an order is accepted by Truck And Trailer Spares, the Buyer is bound by the order, and will, at Truck And Trailer Spares discretion, pay all costs, losses, charges and expenses incurred by Truck And Trailer Spares associated with any cancellation or deferral of the order.
- The Buyer is responsible for all return freight costs. The refund amount will not include the original freight cost.
- Truck And Trailer Spares is not responsible for any damage to returned Goods during transit, and may decline the return request or revise the refund amount should this occur.
- Subject to any statutory requirements stating otherwise, Goods will only be considered for return when the following conditions are met:
- Truck And Trailer Spares must be notified within 21 days of the Buyer receiving the Good, that the Good is being returned. The Good must be received by Truck And Trailer Spares within 7 days of this notification.
- The Buyer must provide the original invoice number.
- The Goods must be returned in original re-saleable condition, including packaging.
- The Goods must not have been fitted, modified, unassembled, used or damaged in any way. The Goods must be in the same condition as supplied by Truck And Trailer Spares.
- The Buyer must not attach or write anything on the Good itself or packaging unless instructed to do so by Truck And Trailer Spares.
- The Goods must be securely packed to ensure it is received back by Truck And Trailer Spares in original and re-saleable condition.
- If Truck And Trailer Spares initially agree to accept delivery of any returned Goods, the Buyer acknowledges that is to allow Truck And Trailer Spares to inspect the Goods to see if the Goods are in good order and condition and to ensure it is commercially realistic for Truck And Trailer Spares to re-sell the Goods, and this does not mean Truck And Trailer Spares are bound to agree with the requested cancellation.
- Goods supplied to special order are not returnable.
- Truck And Trailer Spares do not accept cancellation of any order for, or return of any used parts.
- Clauses 32 to 42 (inclusive) apply to the extent that these conditions provide for or contain a ‘security interest for the purposes of the Personal Property Securities Act 2009 (Cth) (PPSLaw) (orpartofit).
- The Buyer agrees, in addition, to the extent possible under PPS Law, that all collateral which is at any time subject to Truck And Trailer Spares security interest secures as a ‘purchase money security interest’ (PMSI) the purchase price of all collateral supplied to the Buyer. Clauses 32 to 41 do not limit what other amounts are secured under these conditions.
- The Buyer agrees that payments will be applied in the following order:
- to obligations that are not secured, in the order in which those obligations were in curred;
- to obligations that are secured, but not by PMSIs, in the order in which those obligations were in curred;
- to obligations that are secured by PMSIs, in the order in which those obligations were in curred.
- Truck And Trailer Spares may register its security interest as a PMSI.The Buyer must do anything (such as obtaining consents and signing documents) which Truck And Trailer Spares require for the purposes of:
- ensuring that Truck And Trailer Spares security interest is enforceable, perfected and otherwise effective under the PPS Law;
- enabling Truck And Trailer Spares to gain first priority (or any other priority agreed to by Truck And Trailer Spares in writing)for its security interest; and
- enabling Truck And Trailer Spares to exercise rights in connection with the security interest,
and to assure performance of the Buyers obligations, the Buyer hereby give Truck And Trailer Spares an irrevocable power of attorney to do anything Truck And Trailer Spares consider the Buyer should do under these conditions.
- Truck And Trailer Spares rights under these conditions are in addition to and not in substitution for Truck And Trailer Spares rights under other law (including the PPS Law) and Truck And Trailer Spares may choose whether to exercise right sunder these conditions,and/orunder such other law, as we see fit.
- In respect of Goods that are not used predominantly for personal, domestic or household purposes, the following provisions of the PPSLaw do not apply and,for the purposes of section 115 of the PPS Law are “contracted out” of these conditions:
- sections95, 96 and 125;
- section 130;
- section 132(3)(d);
- section 132(4);
- section 135;
- section 142; and
- section 143.
- The following provisions of the PPS Law confer rights onTruck And Trailer Spares:
- section 123;
- section 126;
- section 128;
- section 129; and
- section 134(1).
The Buyer agrees that in addition to those rights, Truck And Trailer Spares shall, if there is default by the Buyer, have the right to seize, purchase, take possession or apparent possession, retain, deal with or dispose of any Goods, not only under those sections but also, as additional and independent rights, under these conditions and the Buyer agrees that Truck And Trailer Spares may do so in any manner it sees fit including (in respect of dealing and disposal) by private or public sale, lease or licence.
- The Buyer waives their rights to receive a verification statement in relation to registration events inrespect of commercial property under section 157 of the PPS Law.
- The parties agree not to disclose information of the kind that can be requested under section 275(1) of the PPS Law. The Buyer must do everything necessary on their part to ensure that section 275(6)(a) of the PPS Law continues to apply. The agreement in this clause 46 is made solely for the purpose of allowing Truck And Trailer Spares the benefit of section 275(6)(a) and Truck And Trailer Spares shall not be liable to pay damages or any other compensation or be subject to injunction if Truck And Trailer Spares breach this clause 40
- The Buyer must not dispose or purport to dispose of, or create or purport to create or permit to be created any ‘security interest’ (as defined in PPS Law) in the collateral other than with Truck And Trailer Spares express written consent.
Variations in specifications
- Truck And Trailer Spares reserve the right to obtain Goods from different sources, at its absolute discretion. Truck And Trailer Spares may do so without informing the Buyer provided that Truck And Trailer Spares have reasonable grounds for believing that the alternate Good offered is substantially similar to that previously offered or represents an improvement.
Warranties against defects
- Truck And Trailer Spares Goods come with guarantees that cannot be excluded under the Australian Consumer Law. The Buyer is entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. The Buy is also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure.
- Truck And Trailer Spares warrant new Goods to be free from defects in material or workmanship for 12months from date of supply to the Buyer (WarrantyPeriod).
- During the Warranty Period and as Truck And Trailer Spares so reliability to the Buyer under this warranty against defects, Truck And Trailer Spares agree, at its option, to either repair or replace Goods which Truck And Trailer Spares are satisfied are defective.
- Truck And Trailer Spares warranty against defects does not cover any damage to the Goods caused by:
- the use of any parts or consumables other than the same manufacturer’s parts and consumables; and or
- the installation or service/maintenance by a third party other than suppliers of those services approved by that manufacturer or its authorized representatives or other qualified personnel and or
- normal wear and tear.
- Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the Goods.
- Subject to the Buyers rights under the Australian Consumer Law, Truck And Trailer Spares do not warrant that used or reconditioned parts or products are free from any defects in material or workmanship.
- To make a warranty claim the Buyer must, at their cost, return the Goods freight prepaid to Truck And Trailer Spares inspection and, if approved, processing under warranty.
- These warranties are for the Buyers benefit only, and may not be transferred.
- If the Buyer acquires Goods from Truck And Trailer Spares for the purpose of re-supply, and the Buyers chooses to give one of their customers a warranty against defects, that warranty must comply with the requirements prescribed by the Competition and Consumer Act 2010 (Cth) (CCA) or other legislation.
- Any firmware or software that comes with Goods Truck And Trailer Spares supplies to the Buyer, is supplied under licence only. The Buyer agrees to abide by the terms of all such licences. The Buyer may return the Goods within 7 days of delivery if the Buyer does not accept any applicable licence in part or whole.
- Terms, conditions, warranties and guarantees implied by law, including the Australian Consumer Law, that cannot be excluded, restricted or modified apply to these conditions to the extent required by that law.
- Truck And Trailer Spares exclude all other terms, conditions, warranties and guarantees which would otherwise be implied concerning the activities covered by these conditions.
- Where Truck And Trailer Spares are permitted to limit its liability, Truck And Trailer Spares sole liability to the Buyer for negligence ,tort, or breach of contract, breach of statutory duty, or breach of a condition, warranty or guarantee, is limited at Truck And Trailer Spares option to:
- replacement of the Goods or the supply of equivalent goods or
- repair of the Goods; or
- payment of the cost of replacing the Goods or of acquiring equivalent goods or payment of the cost of having the Goods repaired.
Other damages claims excluded
- Truck And Trailer Spares are not liable for any damage for breach of contract, negligence, or otherwise except as stated. In these conditions “damage” includes direct and indirect or consequential costs, losses, expenses, lost profits, lost savings and claims made by any third party.
Variation of these conditions
- These conditions may be changed by Truck And Trailer Spares from time to time by giving you notice of the change. Notice is deemed given (whether or not actually received) when Truck And Trailer Spares do any of the following:
- send notice of the change to you at any address (including an email address) supplied by you;
- or publish the amended conditions on the Truck And Trailer Spares web site at http://www.trucktrailerspares.com.au/.
- Any agreement containing these conditions is deemed to be an agreement made in and governed bythe law of Australia and Victoria, and the parties submit their disputes to the non-exclusive jurisdiction of the courts of Victoria.
Privacy and personal information
- Truck And Trailer Spares collects personally identifiable information such as your e-mail address, name, home or work address or telephone number.
- There is also information about your computer hardware and software that is automatically collected by Domain name. This information can include: your IP address, browse type, domain names, access time and referring Website addresses. This information is used by Truck And Trailer Spares for the operation of the service, to maintain quality of the service, and to provide general statistics regarding the use of the Truck And Trailer Spares website.
- Truck And Trailer Spares does not sell, rent or lease its customer lists to third parties. Truck And Trailer Spares may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. In addition, Truck And Trailer Spares may share data with trusted partners to perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Domain name, and they are required to maintain the confidentiality of your information.
- Truck And Trailer Spares does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.
- Truck And Trailer Spares secures your personal information from unauthorized access, use or disclosure. Truck And Trailer Spares secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure.
- In these conditions a reference to a statute, regulation, proclamation, ordinance or by-law includes all statutes, regulations, proclamations, ordinances or by-lawsamending, consolidating or replacingit, and reference to a statute includes all regulations, proclamations, ordinances and by-laws issued under that statute.
Not a consumer contract
- The Buyer agrees that the acquisition of the Goods is not for personal, domestic or household use or consumption, and any binding commitment incorporating these conditions is not a ‘consumer contract’ for the purposes of the CCA