Terms and Conditions
Trailers or trailer parts for all your boating and towing needs. More stock in store – call us if you can’t find it!
Prices are subject to change without notice. All prices will be subject to 10% GST.
POSTAGE AND HANDLING
Postage time will depend on the destination. We post the item within 1-3 working days of the payment being confirmed.
*Important note: We do not take responsibility for items damaged during transport – if you would like to pay extra for insurance on your items, please let us know.
Goods will only be accepted for return if prior arrangement has been obtained within 7 days from the date of invoice and the return costs have been agreed. Special design orders cannot be returned for credit.
SPECIAL ORDERS ITEMS
Special Order Items cannot be returned. (Special order items are items made or ordered in to your specific requirements). Please make sure that you double check your measurements and details before ordering.
All goods will be sent by our choice of courier unless otherwise specified & the cost will be added to the total price.
We do not take responsibility for delays from the transport companies
Title and ownership of the goods does not pass to the purchaser until payment in full has been made and all cheques have been cleared. Until such time the goods remain the property of Trailer Spares Parts Australia .
Insurance is the responsibility of the purchaser upon the goods leaving the warehouse.
TERMS AND CONDITIONS OF TRADE
1.1 Unless otherwise inconsistent with the context the word “person” shall include a corporation:
1.2 “goods” shall include services.
1.3 Words importing the singular number shall be deemed to include the plural and vice versa. Words importing the mate
gender shall be deemed to include the female and neuter gender and vice versa.
1.4 “TPR” shall mean Trailers Parts and Repairs, its successors, nominees and assigns.
1.5 “customer” shall mean the person named as “the Applicant” on the credit application annexed hereto.
- Offer and Acceptance
2.1 Any quotation made by TPR is not an offer to sell or to provide goods. TPR shall not be bound by any order given in pursuance of any quotation until it is accepted in writing. Sales tax is not included in prices quoted unless stated but will be
charged to the buyer’s account when applicable. All orders are subject to acceptance by TPR within (30) days of receipt by
TPR of the order. These terms and conditions shall be deemed to be incorporated into any agreement between TPR and the customer. Any terms and conditions contained in any order, offer, acceptance or other document of the customer and all
representations, statements, terms and conditions and warranties (whether implied by statute or otherwise) not embodied herein
are expressly excluded to the fullest extent permitted by law.
2.2 Insofar as goods or services supplied by TPR are not of a kind ordinarily acquired for personal, domestic or household
consumption, the liability for breach of a condition or warranty, implied into this contract by the Sale of Goods Act or the ‘Trade Practices Act (other than a condition implied by Section 69) is limited:
(a) in the case of goods to any one of the following as determined by TPR:
(i) the refund of the price paid by the customer for the goods or the issue of a credit note for such amount; or
(ii) the replacement of the goods or the supply of equivalent goods; or
(ii) the repair of the goods; or
(iii) the payment of the cost of replacing the goods or at acquiring equivalent goods; or
(iv) the payment of the costs of having the goods repaired;
(b) in the case of services to any one of the following as determined by TPR;
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
3.1 Any date quoted for delivery (“the quoted date”) is an estimate only and unless a guarantee shall be given by TPR in writing
providing for liquidated damages for failure to deliver by the quoted date TPR shall not be liable to the customer for any loss or
damage howsoever arising even if arising out of the negligence of TPR for failure to deliver on or before the quoted date. The
customer shall accept and pay for goods if and when tendered notwithstanding any failure by TPR to deliver by the quoted date.
Written or verbal advice to the customer that goods are ready for delivery whether in whole or in part shall constitute tendering
and the terms of payment shall apply.
3.2 TPR shall not be liable to any customer or any other party for direct or indirect or consequential injury, loss or damage
whatsoever by reason or any delay in delivery whether the same is due to the negligence of TPR or any other party, strike or
any other industrial action be it of TPR or other party or any other cause whatsoever.
3.3 TPR reserves the right to deliver by instalments. If delivery is made by instalments the customer shall not be entitled:
(a) to terminate or cancel the contract, or
(b) to any claim loss or damage howsoever arising failure by TPR to deliver any instalments on or before the quoted
3.4 It is agreed that TPR shall not be responsible for the delay in delivery caused bv, or in anv way incidental to an act of God,
war, fire, breakage’s of machinery, strikes or arising out of any other unexpected exceptional cause, or any cause beyond reasonable
control of TPR.
4.1 Unless otherwise agreed in writing, payment terms are net cash thirty (30) days from the end of the month in which the goods
are invoiced to the customer.
4.2 This term as to the payment shall be of the essence of the contract.
5.1 Notwithstanding the delivery of the goods or part thereof. the goods remain the sole and absolute property of Trailers Parts and Repairs as full
legal and equitable owner until such time as the customer shall have paid TPR the full price together with the full price of
any goods then the subject of anv other contract with TPR.
5.2 The customer acknowledges that he receives possession of and holds goods delivered by TPR solely as bailee for TPR until such time as the full price thereof is paid to TPR together with the full price of any goods then the subject of any other contract with TPR.
5.3 Until such time as the customer becomes the owner of the goods, he will;
(a) store them on the premises separately,
(b) ensure that the goods are kept in good and serviceable condition;
(c) secure the goods from risk, damage and theft-. And
(d) keep the goods fully insured against such risks that are usual or common to insure against in a business of a similar
nature to that of the customer.
5.4 (a) Until the goods are paid for in full, TPR authorises the customer to sell the goods as its agent. However, the
customer shall not represent to any third parties that it is acting in any way for TPR. TPR will not be bound by any
contracts with third parties to which the customer is a party.
(b) The proceeds of any sale of the goods shall be paid into a separate account and held in trust for TPR. The customer
shall account to TPR from this fund for the full price of the goods.
(c) The customer is entitled to a period of credit but if prior to the expiration of the period or credit the goods are sold
and the proceeds of sale are received by the customer then the customer shall account to TPR for the price of the goods.
(d) Should the customer die. stop payment or call a meeting of its creditors or become insolvent or subject to the
bankruptcy laws, or being a company, appoints an administrator or calls a meeting for the purpose of or to go into
liquidation or has a winding-up application presented against it or has a receiver appointed, TPR may at its option
notwithstanding its waiver of such default or failure and without prejudice to its other rights under this contract
suspend or cancel this contract or require payment in cash before or on delivery or tender of goods notwithstanding
the terms of payment previously specified or may repossess and take over the goods and dispose of the same in its
own interest without prejudice to anv claim it may have for damages for any loss resulting from such resale.
5.5 If the customer does not pay for any goods on the due date then TPR is hereby irrevocably authorised by the customer to
enter the customer’s premises (or any premises under the control of the customer or as agent of the customer in which the
goods are stored) and use reasonable force to take possession of the goods without liability for the tort of trespass,
negligence, assault and battery or payment of anv compensation to the customer whatsoever.
5.6 On retaking possession of the goods TPR may elect to refund to the customer any part payment that may have been made and to credit the customer’s account with the value of the goods less any charge for recovery of the goods, or to resell the goods.
Unless otherwise agreed in writing, risk in the goods shall pass to the customer at the time when the goods have been placed on the
vehicle which is to effect delivery from TPR store or warehouse. The goods shall remain at the customer’s risk at all times unless and until TPR retakes possession of the goods pursuant to these terms and conditions.
- Claims and Returns
7.1 All goods supplied to the customer are covered by such warranty as is specified by the manufacturer (if any). It is the
responsibility of the customer to satisfy themselves that the goods supplied are of a description, quality and character ordered,
and suitable for the purpose they were required.
7.2 Subject to clause 2.2 herein, TPR shall not be liable for any loss or damage whatsoever and however arising whether direct or indirect or consequential or in respect of any claim whenever and however made for any loss or damage, deterioration,
deficiency or other fault or harm in the goods provided by or on behalf of or in any arrangement with TPR or occasioned to
the customer or any third party or to his or their property or interest and whether or not due to the negligence of TPR, its
servants or agents.
7.3 As soon as any of the facts or matters which form any part of any claim or complaint whatsoever become known to the
customer, the customer shall within seven (7) days notify TPR in writing of the same.
7.4 TPR shall not be liable in any circumstances for any:
(a) defects or damages caused in whole or in part by misuse, abuse, neglect, improper application repair or alteration
(other than by TPR) or accident.
(b) any transport installation removal, labour or other costs;
(c) details in goods not manufactured by it, but TPR will endeavour to pass on to the customer the benefit of any claim
made by TPR and accepted by the customer and the benefit of any claim made by TPR and accepted by the
manufacturer of such goods under a warranty given by the manufacturer of such goods provided that nothing
contained in this subparagraph shall limit the rights of the customer to proceed against TPR pursuant to the Trade
Practices Act; and
(d) technical advice or assistance given or rendered by it to the customer or not in connection with the manufacture
construction or supply of goods for or to the customer.
If by reason of any fact circumstance, matter or thing beyond the reasonable control of TPR, TPR is unable to perform in whole or in part any obligation under this contract, TPR shall be relieved of that obligation under this contract to the extent and for the period that it is so unable to perform and shall not be liable to the customer in respect of such inability.
Upon the occurrence of default by the customer in compliance with the terms herein:
9.1 TPR may at its discretion withhold further supplies of goods and suspend the provision of further credit or cancel the
contract or vary the terms of this contract without prejudice to its rights hereunder, PROVIDED HOWEVER that TPR
may at any time and from time to time upon such terms as it may determine, waive any of its rights under this clause, but
without prejudice to its rights thereafter of any of the events herein before referred to or upon the continuation after any
such waiver of any state of affairs the subject of such waiver.
9.2 The customer hereby authorises TPR or its agents to review its books and records, including all bank statements and
other bank records, to determine whether the customer is able to pay its debts as and when they fall due and the customer
further irrevocably grants to TPR a licence to enter upon the customer’s premises for such purpose.
9.3 The customer shall pay to TPR interest at the rate of 1.5% per month on daily balances in respect of any amounts as may
from time to time be overdue until paid and such money together with all interest shall be recoverable forthwith from the
customer as a liquidated debt.
9.4 Without prejudice to any other right or remedy the customer shall indemnify TPR against any costs, fees, charges and
disbursements charged by any mercantile or collection agent or solicitor engaged for the purpose of the collection or
recovery of monies due and payable by the customer to TPR on an indemnity basis and all such costs shall be
recoverable as a liquidated debt and, at the option of TPR may be recovered in the Small Debts Court
9.5 The customer shall pay to TPR an administration fee of $50.00 on the occurrence of every event of default as a
liquidated debt being a genuine pre-estimate of the loss of TPR in respect of such act of default however such fee shall
not preclude TPR from claiming any higher amount from the customer for any loss occasioned by such act of default
- Change Of Ownership
10.1 In the event that the customer should change its structure to that of a company incorporated under the Corporations Law,
then the signatories to this application whose names appear herein agree to be personally liable, both jointly and
severally, for any debts incurred by that company.
10.2 The customer agrees to notify TPR in writing of any change of ownership of the customer or its business, or of
directorships in the case of a corporate customer, or of any other change whatsoever affecting this agreement within seven (7) days from the date of such change and indemnifies TPR against any loss or damage incurred by it as a result of the customer’s failure to notify TPR
10.3 of any change.
- Lien Charge
11.1 The customer hereby acknowledges and agrees that TPR has a lien over all goods in it’s possession belonging to the customer to secure payment of any or all amounts outstanding from time to time.
11.2 The customer hereby charges all property, both equitable and legal, of the customer in respect of any monies that may
hereinafter be owing to TPR under this contract by the customer or otherwise and hereby authorise TPR or its solicitors to execute any consent form as its attorney for the purpose of registering a caveat over any real property owned by the customer at any time, or to register this charge over assets of the customer with the Australian Securities Commission.
- Credit Limit
The credit limit is the amount notified to the customer from time to time by TPR or its authorised agent and provided that TPR reserves the right not to supply certain goods or certain classes of goods on credit.
Reference to sheet size, strand width, gauge and weight and all measurements. statistics and characteristics are approximate only.
Whilst every effort is made for these figures to be accurate. the specification for goods manufactured and supplied by TPR is subject to normal trade tolerances,
This contract for the supply of the goods is deemed to have been entered into in the State of Queensland. Any legal action arising out
of or in respect of the contract and/or the interpretation thereof shall be brought only in the Courts of Brisbane in the State of
Queensland and the customer irrevocably submits itself to the jurisdiction of the Courts of Brisbane in the State of Queensland.