Goods, services and other products (hereinafter known as goods) are sold by ABS TRAILQUIP PTY LTD (ABS TRAILQUIP) on the following conditions:
1. Buyer means a ‘buyer’ under the Sale of Goods Act 1896 (Qld) whose details are set out in the invoice. If the Buyer is a Trust, the Trustees/ Directors warrant that they have the authority and power to enter into this agreement and personally guarantee the performance of all the trusts obligations under this agreement.
2. The Buyer acknowledges that ABS TRAILQUIP is entitled to presume that any person purporting to have the authority to bind the Buyer to a contract for the supply and delivery of goods and/or services from ABS TRAILQUIP has the authority they claim.
3. These Trading are additional to any other terms communicated in respect of the sales of goods, and where they are in conflict, these Terms and Conditions of Trading shall prevail. Any terms (including conditions of sale that purport to limit the Buyer’s liability in relation to the goods) which may be contained in sales literature, tenders, quotations, information, notices, delivery dockets, acceptance letters, invoices or any other material provided by the Buyer are excluded from this Agreement.
4. These Terms and Conditions of Trading shall be binding upon the Buyer, its successors, executors, administrators and permitted assigns and shall inure to the benefit of ABS TRAILQUIP, its successors and assigns.
5. Any dispute or action in relation to these Terms and Conditions of Trading shall be subject to the absolute jurisdiction of the laws of the State of Queensland.
6. Prices and other charges and discounts offered are subject to alteration without notice. Should an order be received by ABS TRAILQUIP requesting supply on non-current pricing terms, ABS TRAILQUIP has the right to amend the prices, charges and discounts to reflect prevailing pricing terms. Unless otherwise stated, all prices are ex warehouse. All prices shall be net of and subject to applicable taxes.
7. No order may be cancelled by the Buyer except with the written consent of ABS TRAILQUIP. If there is cancellation of the order by the Buyer, the Buyer indemnifies ABS TRAILQUIP for any claim and all losses suffered as a result of such cancellation.
8. All parts supplied by ABS TRAILQUIP for use on vehicles must be installed by certified mechanics/technicians. It is the Buyer’s responsibility to check with the manufacturer of the said vehicle that the parts purchased from ABS TRAILQUIP are suitable for the required application. Any airbrake modifications may require certification carried out by an approved person to comply with relevant state/territory legislation. Advice at the time of sale is based on the minimum information provided by the Buyer. ABS TRAILQUIP is not liable for any installation of services provided by third parties.
9. Buyers may apply to ABS TRAILQUIP for a credit account. The decision to grant credit is to be made completely at the discretion of ABS TRAILQUIP. In the event of an application for credit being successful, a fixed credit limit will be determined by ABS TRAILQUIP. Should the account exceed this limit ABS TRAILQUIP reserves the right to withhold the supply of goods and services without notice.
10. Unless the Buyer has an approved credit account, payment for all goods in full must be completed at the time the goods are being ordered. For Buyers with approved credit accounts, accounts are due and payable on or before the last day of the month following the month in which an order for the goods was placed.
11. ABS TRAILQUIP reserves the right to charge interest at 3% per month on all overdue accounts. Any part payments shall first be credited against the extra charge.
12. Should there be any default from the above payment terms, all monies owing by the Buyer to ABS TRAILQUIP shall become immediately due and payable.
13. All expenses, costs or disbursements incurred in recovering any overdue monies including debt collection fees and solicitor costs shall be paid by the Buyer.
14. ABS TRAILQUIP reserves the right to withhold the supply of goods and services at any time without notice to the Buyer. The Buyer shall advise ABS TRAILQUIP of all material changes in name and / or financial status which may result in the need to complete an additional application for commercial credit.
15. Buyer agrees to provide ABS TRAILQUIP with current, complete and accurate details when requested to do so.
16. The Buyer shall be responsible for the collection or delivery of goods at Buyers cost, to their nominated delivery address. Where the Buyer requests ABS TRAILQUIP to deliver the goods through ABS TRAILQUIP servants or agents, no responsibility for goods damaged in transit will be accepted by ABS TRAILQUIP and the sole risk in the goods shall pass to the Buyer upon the goods leaving ABS TRAILQUIP premises. Any insurance charges shall be payable by the Buyer.
17. Any delivery time, estimation or performance statistic which may be offered by ABS TRAILQUIP, its servants or agents, to the Buyer are estimates only and ABS TRAILQUIP is not liable for late delivery or non-delivery.
18. Notwithstanding paragraph 16 above, until payment for all outstanding accounts is made in full to ABS TRAILQUIP:
18.1 Property in the goods remains with ABS TRAILQUIP and the Buyer agrees to hold goods as bailee for ABS TRAILQUIP and to indemnify ABS TRAILQUIP absolutely against loss or of damage to the goods howsoever caused.
18.2 ABS TRAILQUIP may at any time terminate any contract relating to the goods and the bailment without notice to the Buyer and may thereupon take possession of the goods or may assume the Buyer’s interest and rights under any contract to the goods with a third party.
18.3 The Buyer authorises ABS TRAILQUIP by its servants or agents to enter any premises owned, leased or otherwise occupied by the Buyer in order to recover goods and indemnifies ABS TRAILQUIP against the use of reasonable force and any resultant damage in order to obtain such possession; and
18.4 If the goods are sold by the Buyer, the Buyer acknowledges that such sale is by the Buyer as bailee for and on behalf of ABS TRAILQUIP and agrees to hold the proceeds of any such sale as represents the invoice price of the goods on trust for ABS TRAILQUIP until payment is made in full to ABS TRAILQUIP for the goods.
18.5 ABS TRAILQUIP may register the goods as a PPS security interest where applicable under the Personal Property and Securities Act 2009 (Cth). The Buyer must do anything required by ABS TRAILQUIP to enable ABS TRAILQUIP to register and control that property for the purposes provided in that Act.
19. Payments received shall generally be allocated to the invoices that have been outstanding the longest period of time but may be allocated to specific invoices at ABS TRAILQUIP discretion. Remittance advice to be sent.
20. Buyer’s may request, but ABS TRAILQUIP is not obliged, to accept special purpose orders or manufactured orders. Special purpose orders are generally goods or assemblies that require manufacture by ABS TRAILQUIP specifically for a Buyer (for example our Dolly’s). Manufacturing orders are those orders deemed to be manufacturing orders by ABS TRAILQUIP, and usually are items such as suspension systems.
21. Where accepted, Buyers must pay a 20% deposit prior to commencement of a special purpose order or a manufacturing order. The balance of the purchase price must be paid by the Buyer prior to delivery or release of special purpose orders.
22. Special purpose orders must be paid for in accordance with the above process and special purpose orders are not eligible for payment via a Buyer’s credit account. Manufacturing orders are eligible to be placed on Buyer’s credit account, where sufficient credit is available and providing a 20% deposit has been paid.
23. Special purpose orders and manufacturing orders are not eligible for a return or exchange. See our website: www.abstrailquip.com or contact ABS Trailquip on: (07) 3274 6046 for a copy of our Dolly warranty – which applies separately to warranties provided under this agreement.
24. Goods (other than special purpose orders or manufactured orders) may be returned for credit within 14 days of invoice date, where Buyer has a change of mind subject to the following conditions: Goods must be in the same condition, packaging and identification as at the time of sale. Core deposits are refundable only if returned goods are complete, without major or critical component damage, and in a generally saleable condition. Freight must be prepaid. Sender’s identity and original invoice number must be clearly stated. The reason for return must be clearly stated. A restocking fee between 15-25% may be imposed at the discretion of ABS TRAILQUIP. Goods that have been fitted, used or modified may be refused credit. Goods specially procured may not be returned (unless the product is defective or faulty). No returns will be accepted by ABS TRAILQUIP after 14 days unless by prior arrangement.
25. The liability of ABS TRAILQUIP in relation to the repair, replacement or refund of goods is limited to the protections afforded to the Buyer under the Competition and Consumer Law Act 2010 (Cth) sch 2.
26. Goods sold by ABS TRAILQUIP are warranted against defects arising from faulty workmanship and materials for the periods stated below. This warranty is subject to the following conditions:
26.1 ABS TRAILQUIP’s liability in respect of this warranty is limited to the credit, repair or replacement of the defective goods only and the choice to credit, repair or replace goods shall be at the election of ABS TRAILQUIP. ABS TRAILQUIP WILL NOT COVER ANY LABOUR COST.
26.2 This warranty applies only if ABS TRAILQUIP is satisfied upon examination that the goods have been correctly installed, used and correctly maintained by qualified and experienced personnel.
26.3 This warranty applies only if the goods have been used for the purposes and under the operating conditions for which they were originally designed and intended by the manufacturer.
26.4 ABS TRAILQUIP shall in no circumstances be held liable for any consequential claims (including without limitation for loss of revenue loss of profits, failure to realise profits or savings and any other commercial or economic loss of any kind), loss or damage, however arising, caused directly or indirectly by the use of, or defects in, any goods sold by ABS TRAILQUIP and any warranty, defect (or any other) claim shall be limited to not exceeding the original invoice cost at which the goods were sold.
26.5 All other warranties, terms and conditions in relation to the state, quality, fitness or suitability of goods for their intended purpose, whether express or implied, to the extent permitted by law are hereby excluded and the Buyer shall remain solely responsible for ensuring that the goods are suitable and adequate for their intended use.
26.6 Warranty periods shall be 12 months from the date of sale for new parts (goods), 6 months from the date of sale for repaired or re-manufactured parts (goods) and 50,000kms, whichever comes first.
26.7 This warranty shall not be transferable, or assignable and shall ensure for the benefit of the Buyer only.
26.8 Nothing in these conditions shall exclude, restrict or modify any condition, warranty or liability which may at any time be implied by the Competition and Consumer Act 2010 (Cth), Sale of Goods Act 1896 (Qld) or any other law where to do so is illegal or would render any provisions of these conditions void.
26.9 Normal wear and tear is excluded by this warranty.
27. ABS TRAILQUIP is not liable for, and the Buyer releases ABS TRAILQUIP from, any claims in respect of faulty or defective design of any goods supplied. This is unless the design has been wholly prepared by ABS TRAILQUIP for the Buyer and the responsibility for any claim has been specifically accepted by ABS TRAILQUIP in writing. ABS TRAILQUIP’s liability under this clause is limited strictly to the replacement of defective parts in accordance with clause 26.