1. DEFINITIONS
In these T+C’s “ACL” means the Australian Consumer Law Schedule of the
competition and consumer act;
“Balance” means the amount of money payable to the seller by the customer to
finalise the purchase of the caravan, as adjusted under clause 3.3;
“Caravan” means the caravan purchased by the customer from the seller as
described in the caravan description and specifications section on the first page
of this contract;
“Caravan purchase price” means the amount payable by the customer to the
seller for the purchase of the caravan;
“Consumer” is as defined in the ACL and in determining if the customer is a
consumer; the determination is made if the customer is a consumer under the
contract;
“Contract” means this contract for the purchase of the caravan by the customer
from the seller; “Customer” mean the person, jointly and severally if more than
one, specified on the first page of this contract;
“Default interest rate” means the interest rate specified on the first page of this
contract;
“Deposit” means the amount of money paid to the seller by the customer as an
additional payment to proceed with the manufacture and / or purchase of the
caravan, or to arrange a production slot for the purpose of manufacturing at a
later date;
“Estimated Delivery Date” means the date on which the seller estimates the
caravan will be available for delivery to the customer;
“GST” means the goods and services tax as defined in a new tax system (Goods
and Services Tax) Act 1999 as amended;
“Seller” means the seller specified on the First page of this Contract;
“Seller’s Order Form” or “Order Form” means the Seller’s standard Order Form
referred to in the Caravan Description and Specifications section on the First
page of this Contract. The Order Form includes the specific list of options and
accessories agreed for the Caravan;
“Services” means services provided by the Seller to the Customer in relation to
the Caravan;
“T+C’s” means these Terms and Conditions of Sale;
“Trade In” means the caravan traded in by the Customer to the Seller, as described
in the Trade In Caravan Description and Specifications section on the
First page of this Contract; and
“Trade In Allowance” means the amount allowed as payable by the Seller to the
Customer for the Trade In (if applicable).
2. BASIS OF AGREEMENT AND ORDERS
2.1. Unless otherwise agreed by the Seller in writing, the T+Cs apply exclusively
to the Contract and cannot be varied or replaced by any other terms, including
the Customer’s terms and conditions of purchase.
2.2. Any special conditions specified on the First page or this Contract (“Special
Conditions”) apply to this Contract and will override the T+Cs to the extent of
any inconsistency.
2.3. The Contract is accepted by the Seller when the Seller signs this Contract or
provides the Customer with the Caravan or the services.
2.4. The contract will be deemed accepted when the Customer when one of the
following occurs:
(a) The Customer signs the Seller’s Order Form; or
(b) Post, fax, email or handwritten to the Seller written notification indicating
acceptance.
2.5. The Customer must provide the Seller with its specific requirements, if any,
in relation to the Caravan and the services on the Seller’s Order Form.
2.6. Notwithstanding acceptance the Seller may refuse to deliver and/or may
cancel this contract if before delivery we ascertain that the particulars provided
by the Customer are inaccurate, or the trade in provided by the Customer was
not their property or the Customer was bankrupt, insolvent, or under any other
legal disability.
2.7. All new goods are sold by the Seller as supplier by the manufacturer or supplier.
Warranties (if any) in relation thereto are the concern of the manufacturer
or supplier. To the extent permitted by law not condition or warranty of any
kind or for any purposes expressed or implied in relation to goods whether new
or used is given or offered by the Seller, except as setout herein in writing, and
all implied conditions and warranties are expressly revoked.
3. TRADE IN
3.1. Where this Contract specifies a Trade In, the Trade In Allowance will be
deducted from the Caravan Purchase Price.
3.2. The Customer must deliver the Trade In to the Seller:
(c) on or before the delivery of the Caravan;
(d) With all components and accessories as represented to the seller; and
(e) Clean and in substantially the same condition as at the date of this Contract.
3.3. If the Customer fails in its obligations in Clause 3.2, then the Seller may;
(a) Refuse to take delivery of the Trade In;
(b) take delivery of the Trade In, but adjust the Trade In Allowance by an
amount equal to the change in the value of the Trade In; or
(c) With hold delivery of the Caravan.
(d) The Customer’s ownership of and interest in the Trade In passes to the Seller
upon the earlier of;
(e) The Customer taking delivery of the Caravan; or
(f) The Customer delivering the Trade In to the Seller and the Seller paying
the Trade In Allowance to the Purchaser or acknowledging in writing that this
amount has been credited towards the Caravan Purchase Price.
3.4. The Customer warrants that all extras and accessories on or attached to
the Trade In are his or her sole and absolute property and are free from all
encumbrances.
3.5. The exercising of a right under Clause 3.4 does not affect the Customer’s
obligation to buy the Caravan.
4. PRICING
4.1. Unless otherwise specified in this Contract, the price quoted for the Caravan
Purchase Price and the Services includes GST and any other taxes or duties
imposed on or in relation to the Caravan.
4.2. Where there is any change in the costs incurred by the Seller in relation to
the Caravan or services, the Seller may vary its pricing to take account of any
such change, by notifying the Customer.
5. PAYMENT
5.1. Unless otherwise specified by the Seller, payment for the Caravan and the
services must be made as follows;
(a) The Deposit upon execution of the Contract; and
(b) The Balance prior to delivery of the Caravan,
5.2. Payment by Cheque is not deemed made until the proceeds of the cheque
have cleared.
5.3. The Seller may request progress payments throughout various stages of the
manufacture of the Caravan. Such progress payments are due within the time
frame specified by the Seller, or within 72 hours if no time is specified.
5.4. The time for payment is of the essence.
6. PAYMENT DEFAULT
6.1. If the Customer defaults in payment by the due date of any amount payable
to the Seller, then all money which would become payable by the Customer to
the Seller at a later date on any account becomes immediately due and payable
without the requirement of notice to the Customer, and the Seller may, without
prejudice to any of its other accrued or contingent rights;
(a) Charge the Customer interest at the Default Interest Rate for the period from
the due date until the date of payment in full;
(b) Charge the Customer for, and the Customer must indemnify the Seller from,
all costs and expenses (including legal costs) Incurred by the Seller resulting
from the default or in taking action to enforce compliance with the Contract or
to recover any sum due; (c) Cease or suspend the manufacture and/or delivery
of the Caravan or the provision of the services;
(d) By written notice to the Customer, terminate any uncompleted contract with
the Customer.
6.2. Clauses 6.1(c) and (d) may also be relied upon, at the Seller’s option, where:
(a) The Customer is a natural person and becomes bankrupt or enters into any
scheme of arrangement with any of its creditors; or
(b) The Customer is a corporation and becomes insolvent or enters into any
scheme of arrangement any assignment or composition with any or for the
benefit of its creditors or any class of its creditors generally, or has a liquidator,
administrator, receiver, manager or similar functionary appointed in respect of
its assets, or any action is taken for, or with the view to, the liquidation (including
provisional liquidation), winding up or dissolution without winding up of
the Customer.
7. RETENTION OF TITLE
7.1. Until the Seller receives full payment in cleared funds from the Customer
for the Caravan, as well as all other amounts owing by the Customer to the
Seller;
(a) Title and the property in the Caravan remains vested in the Seller and does
not pass to the Customer;
(b) The customer must hold the Caravan as fiduciary bailee and agent for the
Seller; and
(c) The seller may, without notice, enter any premises where it suspects the Caravan
is and remove it, and for this purpose the customer irrevocably licenses the
Seller to enter such premises and also indemnifies the seller from and against all
Costs, claims, demands or action by any party arising from such action.

7.2. If the customer fails to make any payments for the Caravan or at any time
notifies the seller that you refuse to take delivery or fail to give up any trade in
goods, the seller will have the right to sell the Caravan to another party after giving
the Customer 7 day’s written notice. Only after any losses incurred by the seller as
a consequence have been calculated will the Seller refund excess money (if any) to
the Customer.
8. CHANGES TO ORDERS
8.1. If the customer requests any variations to the specifications of the Caravan
after signing this Contract, the seller may;
(a) Reject the request for the variation;
(b) Increase the price of the Caravan to account for the variation; or
(c) Cancel the Contract and provide a revised Order Form and a new contract for
the Caravan.
8.2. The Seller reserves the right to refuse the Customer’s requested variation;
(d) Once the Caravan has entered manufacture; or
(e) If the requested variations would, In the Sellers opinion, result in a safety Issue
or non-compliance with applicable Australian Standards and/or Australian Design
Rules.
8.3. The Seller reserves the right to change the specifications of the Caravan, upon
written notice to the Customer and without liability, provided that;
(f) Those specifications and features are replaced with specifications and features
of equivalent value, composition and quality; and
(g) The end performance and capabilities of the Caravan are not materially prejudiced.
9. VEHICLE COMPATIBILITY, TARE MASS, GROSS VEHICLE MASS AND
BALL WEIGHTS
9.1. The Customer acknowledges that;
(h) Customizations of and options fitted to the Caravan will change the weight of
the Caravan;
(i) Any weights specified by the Seller (other than as stamped on the compliance
plates), are estimates only and are subject to variance;
(j) The Customer is solely responsible to research its towing vehicle’s compatibility
with the Caravan and to allow for tolerance in the towing vehicle’s and the Caravan’s
stamped and operating weights;
(k) The Seller is not responsible or liable for the consequences of any variations or
Inaccuracies in weights; and
(l) The Seller Is not responsible or liable for the Customers towing vehicle compatibility
or otherwise or any consequences.
10. COMPLETION AND DELIVERIES
10.1. Completion and/or delivery dates and the Estimated Delivery Date specified
by the Seller are estimates only and are not a contractual commitment.
10.2. The Seller will use its reasonable endeavors to meet the Estimated Delivery
Date for delivery of the Caravan but will not be liable for any loss or damage suffered
by the Customer or any third party for failure to meet any estimated date.
10.3. If the Seller cannot complete the services by any estimated date, it will complete
the services within a reasonable time.
10.4. Upon the Seller giving the Customer notice that the Caravan is available for
delivery, the Customer must;
(a) Deliver the Trade In to the Seller; and
(b) Pay the Balance.
10.5. Unless otherwise agreed in writing;
(a) The Customer is responsible to arrange for the collection and transportation of
the Caravan from the Seller’s premises;
(b) Delivery of the Caravan will be deemed to occur at the commencement of the
loading or hitching of the Caravan onto the Customer’s transport/towing vehicle;
(c) The Customer is responsible for all costs associated with delivery, including
freight, insurance and other charges arising from the point of collection of the
Caravan; an
(d) On and from the point of collection of the Caravan, the Customer assumes
all risk and liability for loss, damage or injury to persons or to property of the
Customer, or third parties, arising out of the use or possession of the Caravan,
unless recoverable from the Seller on the failure of any statutory guarantee under
the ACL.
10.6. The Customer indemnifies the Seller against any loss or damage suffered by
the Seller, its subcontractors or employees as a result of delivery, except where the
Customer is a consumer and the Seller has not used due care and skill.
10.7. The Customer must arrange for collection of the Caravan within 7 days
notice that it is ready. If the Customer does not collect the Caravan within this
timeframe, the Customer;
(a) Will nevertheless be deemed to have taken delivery of the Caravan from such
date; and
(b) Will be liable for storage charges payable to the Seller weekly upon demand.
11. LIABILITY
11.1. Except as the T+Cs specifically state, or as contained in any warranty
provided in relation to the Caravan, the Contract does not include by implication
any other term, condition or warranty In respect of the quality, merchantability,
acceptably, fitness for purpose, condition, description, assembly, manufacture,
design or performance of the Caravan or the services or any contractual remedy
for their failure.
11.2. If the Customer is a consumer nothing in These T+Cs restricts, limits or
modifies the Customer’s rights or remedies against the Seller for failure of a statutory
guarantee under the ACL.
11.3. If clause 11.2 does not apply, than other than as stated in the T+Cs or any
written warranty statement the Supplier is not liable to the Customer in any way
arising under or in connection with the sale, use of, storage or any other dealings
with the Caravan or the services by the Customer or any third party.
11.4. The Seller is not liable for any indirect or consequential losses or expenses
suffered by the Customer or any third party, howsoever caused, including but not
limited to loss of turnover profits, business or goodwill or any liability to any other
party, other than, if the Customer is a consumer, than to the extent the loss was
reasonably foreseeable.
11.5. Nothing in these T+Cs is to be interpreted as excluding, restricting or modifying
the application of any applicable State or Federal legislation which cannot be
so excluded, restricted or modified.
11.6. If the Customer makes use of any of our employees for any purpose whatsoever,
such employee whilst being used by the Customer shall be deemed to be the
servant of the Customer and the employee or Seller will not be liable or responsible
in any manner whatsoever for anything done or omitted to be done while their
services are being used by the Customer. The Customer hereby indemnifies the
Seller from all such actions, suits, claims or demands arising from act or omission
of such employees whilst being used.
11.7. If the Customer wishes for the Seller to arrange insurance, we shall forward
the relevant insurance company any proposal signed by the Customer. This shall
be the limit of the Sellers obligations in relation to insurance.
12. INTELLECTUAL PROPERTY
12.1. The Customer warrants that where the Caravan is manufactured by the Seller
based in whole or in part upon designs, drawings, sketches, descriptions or specifications
supplied by the Customer, these will not infringe any copyright, patents or
design rights owned by third parties. The Customer is responsible for, and must
fully indemnify the Seller from, any liability, cost, loss or damage arising from any
claims made.
13. CANCELLATION
13.1. If the Seller is unable to deliver the Caravan or provide the services, then the
Seller may cancel the Customer’s order (even if it has been accepted) by written
notice to the Customer.
13.2. No purported cancellation or suspension of an order or any part of it by the
Customer is binding on the Seller once the order has been accepted.
13.3. If the Seller accepts the Customer’s cancellation of an order, the Seller is entitled
to retain, in its discretion, all or part of the deposit and apply it to the costs
and losses incurred by the Seller as a result of the cancellation.
13.4. Nothing in this clause affects the rights and duties conferred by section 43
of the Motor Car Traders Act 1986 or regulation 11 of the Motor Car Traders
Regulation 2008.
14. PRE-DELIVERY INSPECTION
14.1. The Customer must inspect the Caravan for any shortages, damage or
non-compliance with the specifications in the Contract at the time of delivery.
14.2. Subject to clause 14.4, the Seller will not be liable for any shortages, damage
or non compliance unless the Customer notifies the Seller at the time of inspection,
otherwise the Customer will be deemed to have accepted the Caravan.
14.3. Where any shortages, claim for damaged Caravan or non-compliance is
accepted by the Seller, the Seller may, at its option, repair the Caravan or component,
replace the Caravan or component, or refund the price of the Caravan or
component.
14.4. If the Customer is a consumer, nothing in this clause 14 limit’s any remedy
available for a failure of the guarantees in sections 56 and 57 of the ACL.
14.5. The Customer acknowledged that they have relied upon their own judgement
and inspection in relation to fitness and condition of the purchased goods.
14.6. The Seller provides no warranty or representations to the fitness, suitability,
or otherwise of any of the Purchased Goods for any purpose whatsoever.
14.7. The manufactures of goods and of certain parts give certain warranties and
the terms of which are normally advised to Customers on taking delivery from
the Seller. As these warranties vary, it is impractical to set them out herein. Your
attention is directed to section 2.7.
15. FORCE MAJEURE
15.1. The Seller is not liable in any way howsoever arising under the Contract to
the extent that it is prevented from acting by events beyond its reasonable control
including, without limitation, industrial disputes, strikes, lockouts, accident,
breakdown, Import or export restrictions, acts of God, acts or threats of terrorism,
or war. If an event or force majeure occurs the Seller may suspend on terminate
the Contract by giving the Customer written notice.
16. MISCELLANEOUS
16.1. The law of the Sellers home State or Territory governs the T+Cs.
16.2. The Seller’s failure to enforce any of these T+Cs shall not be construed as a
waiver of any of the Seller’s rights.
16.3. If any of the T+Cs are unenforceable it must be read down to be enforceable
or, if it cannot be read down, the term must be severed from these T+Cs without
effecting the enforceability of the remaining terms.
16.4. A notice must be in writing and handed personally or sent by email, facsimile
or prepaid mail to the last known address of the addressee. Notices sent by
pre-paid post are deemed to be received upon posting. Notices sent by facsimile or
email are deemed to be received upon confirmation of successful transmission.