Goods, services and other products (hereinafter known as goods) are sold by ABS TRAILQUIP PTY LTD (ABS TRAILQUIP) on the following conditions (Terms and 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 thetrusts 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 these Terms and Conditions.
4. These Terms and Conditions of Trading shall be binding upon the Buyer, its successors, executors, administrators and permitted assigns and shallinure 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. In the event of default by the Buyer, including but not limited to non-payment or breach of any terms, by entering into these Terms and Conditions the Buyer grants ABS TRAILQUIP the right to lodge a caveat over any real property owned by the Buyer or the Guarantor in any jurisdiction within Australia. The Buyer expressly consents to ABS TRAILQUIP lodging such a caveat without any further notice being required, and agrees to indemnify ABS TRAILQUIP for all costs, expenses, and disbursements associated with the preparation, lodgment, and withdrawal of the caveat, including legal fees on a full indemnity basis.
17. The Buyer warrants that it has the authority to grant such a caveat and agrees to do all things necessary to facilitate the lodgment and maintenance of the caveat by ABS TRAILQUIP. This includes providing any necessary consents or documents required by law or reasonably requested by ABS TRAILQUIP.
18. The Buyer grants ABS TRAILQUIP an irrevocable license to enter onto the property to exercise ABS TRAILQUIP’s rights under this clause, should such entry be necessary.
19. This ability of ABS TRAILQUIP to lodge a caveat under this clause shall continue until all obligations of the Buyer to ABS TRAILQUIP have been fully satisfied.
20. 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.
21. 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.
22. Notwithstanding paragraph 20 above, until payment for all outstanding accounts is made in full to ABS TRAILQUIP:
23. 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 advises to be sent.
24. Buyer’s may request, but ABS TRAILQUIP is not obliged, to accept special purpose orders, customised or manufactured orders (either a “Customised Order”). 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.
25. Where a Customised Orders is accepted, Buyers must pay a 20% deposit prior to commencement of a Customised Orders. The balance of the purchase price must be paid by the Buyer prior to delivery or release of Customised Orders.
26. For all Customised Orders, the Buyer is required to pay a non-refundable deposit of 50% of the total order value at the time the order is placed. This deposit covers initial costs and time investment and will not be refunded under any circumstances. The balance of the purchase price must be paid by the Buyer prior to delivery or release of the order. Special purpose orders must be paid for as described and are not eligible for payment via a Buyer’s credit account. Manufacturing orders can be placed on a Buyer’s credit account, provided sufficient credit is available and the deposit has been paid.
27. The Buyer acknowledges that these orders are specially produced to meet specific requirements, and the deposit covers the initial costs and time investment incurred by ABS TRAILQUIP. As such, the deposit will not be returned to the Buyer under any circumstances, and the Buyer agrees to forfeit this amount upon cancellation.
28. ABS TRAILQUIP will provide detailed specifications and descriptions of the product upon order confirmation. It is the Buyer’s responsibility to ensure these specifications meet their needs before finalising the order. ABS TRAILQUIP guarantees that products will be manufactured to the agreed specifications and will meet quality standards. If a defect is found due to faulty workmanship or materials, the Buyer must notify ABS TRAILQUIP within 14 days of receipt for remedy.
29. All communications regarding these orders, including specifications, timelines, and limitations, will be documented and shared with the Buyer. The Buyer agrees to review and confirm all details before commencement of production.
30. As Customised Orders are custom-made or manufactured to the Buyer’s specific requirements. Once the order is accepted by ABS TRAILQUIP, it cannot be cancelled, modified, or refunded. In the event that the Buyer cancels the order after acceptance, or fails to take delivery, the Buyer remains liable for payment of 100% of the quoted price, to compensate for materials purchased, labour undertaken, and the loss of opportunity to allocate production capacity elsewhere.
31. 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 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.
32. 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.
33. 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:
34. 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 33.
35. The Buyer agrees to indemnify and hold harmless ABS TRAILQUIP, its officers, employees, and agents, from and against all claims, liabilities, damages, losses, costs, and expenses (including legal fees on a full indemnity basis) arising out of or in connection with:
36. This indemnity shall survive the termination or expiration of these Terms and Conditions.
37. The Buyer acknowledges that all intellectual property rights in any materials, drawings, designs, or specifications provided by ABS TRAILQUIP remain the sole property of ABS TRAILQUIP. The Buyer agrees not to disclose, share, reproduce, or use such materials for the benefit of any third party without the prior written consent of ABS TRAILQUIP. Any unauthorised use, including sending designs to third parties for reproduction, may result in legal action to enforce ABS TRAILQUIP’s intellectual property rights.
38. In the event of unauthorised use, disclosure, or sharing of ABS TRAILQUIP’s intellectual property, in Australia or overseas, the Buyer agrees to indemnify and hold harmless ABS TRAILQUIP from any claims, damages, losses, liabilities, costs, and expenses (including legal fees on a full indemnity basis) arising from such misuse. The Buyer agrees that ABS TRAILQUIP shall have the right to seek injunctive relief in addition to any other remedies available at law or in equity, including loss of opportunity and consequential loss.
39. The Buyer agrees not to use or reproduce any provided materials in jurisdictions outside Australia, including but not limited to manufacturing or reproduction in foreign countries, without express written consent from ABS TRAILQUIP.
40. ABS TRAILQUIP shall not be liable for any failure to perform its obligations under these Terms and Conditions if such failure is due to events beyond its reasonable control, including but not limited to acts of God, war, strikes, pandemics, or government restrictions. Performance of obligations shall be suspended for the duration of the force majeure event.
41. To the extent permitted by law, ABS TRAILQUIP’s liability for any claim related to the goods shall be limited to the repair, replacement, or refund of the goods at ABS TRAILQUIP’s discretion. ABS TRAILQUIP shall not be liable for any indirect, consequential, or incidental damages.
42. The Buyer agrees to keep confidential any information provided by ABS TRAILQUIP that is marked as confidential or that a reasonable person would understand to be confidential. This includes but is not limited to technical specifications and business strategies. Disclosure is permissible only with prior written consent from ABS TRAILQUIP.
43. In the event of default by the Buyer, including but not limited to non-payment or breach of any terms of these Terms and Conditions, all monies owing by the Buyer to ABS TRAILQUIP shall become immediately due and payable. ABS TRAILQUIP reserves the right to suspend further deliveries, terminate any outstanding orders, and recover goods supplied.
44. 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. The Buyer agrees to the registration of a security interest on the Personal Property Securities Register (PPSR) and waives the right to receive any verification statement or notice under the Act.
45. The Buyer acknowledges that ABS TRAILQUIP retains a Purchase Money Security Interest (PMSI) in the goods supplied under these Terms and Conditions, as defined by the Personal Property Securities Act 2009 (Cth). ABS TRAILQUIP may register this security interest on the PPSR. The Buyer must do anything required by ABS TRAILQUIP to enable ABS TRAILQUIP to register and enforce its PMSI. The Buyer waives the right to receive any verification statement or notice under the Act.