North Coast Campers/OFFROAD RVS PTY LTD Terms and Conditions of Sale

1. DEFINITIONS

In these Terms:

“Contract” means the contract entered into for the sale of the Camper trailer by North Coast Campers to the Customer;

“Customer” means a person, firm or corporation, jointly and severally if there is more than one, buying the Camper trailer from North Coast Campers.

“Camper trailer” means the camper trailer unit supplied by North Coast Campers to the Customer as described in the Camper trailer Quote;

“North Coast Campers means North Coast Campers (ABN 24968838746)

“Camper trailer Quote” means the quote attached to these Terms for the order of the Camper trailer; and

“Terms” means these Terms and Conditions of Sale.

 

2.  BASIS OF AGREEMENT AND ORDERS

2.1  Unless otherwise agreed in writing, the Terms apply exclusively to the Contract.

2.2  Any written quotation provided by North Coast Campers to the Customer concerning the proposed supply of the Camper trailer is valid for 30 days, is an invitation to treat only, and is subject to the Customer offering to enter into a Contract and accepting these Terms.

2.3  The Contract is accepted by North Coast Campers when North Coast Campers signs this Contract or provides the Customer with the Camper trailer.

 

3.  PRICING & PAYMENT

3.1  The Customer must pay all taxes and duties imposed on or in relation to the Camper trailer.

3.2  If there is any change in the costs incurred by North Coast Campers in relation to the Camper, North Coast Campers may vary its price to account for such change, by notifying the Customer.

3.3  Unless otherwise agreed, payment for the Camper must be made as follows:
(a)    10% holding deposit upon execution of the Terms;
(b)    25% progress payment at the time specified in the Camper Agreement;
(c)    15% progress payment at the time specified in the Camper Agreement; and
(d)   the balance:
(i) by bank cheque or cash upon delivery of the Camper; or
(ii) by electronic funds transfer to OFFROAD RVS PTY LTD BSB- 014531 ACC- 394985905 at least 2 clear working days prior to delivery of the Camper.

 

4.  PAYMENT DEFAULT

4.1 If the Customer defaults in payment by the due date of any amount payable to North Coast Campers, then all money which would become payable by the Customer to North Coast Campers at a later date on any account, becomes immediately due and payable without the requirement of any notice to the Customer, and North Coast Campers may, without prejudice to any other right or remedy available to it:

(a) charge the Customer interest on any sum due at the prevailing rate pursuant to the Penalty Interest Rates Act 1983  plus 4 per cent for the period from the due date until the date of payment in full;
(b) charge the Customer for, and the Customer must indemnify North Coast Campers from, all costs and expenses (including without limitation all legal costs and expenses) incurred by North Coast Campers resulting from the default or in taking action to enforce compliance with the Terms;
(c) suspend for such period as North Coast Campers thinks fit, supply of the Camper trailer to the Customer;
(d)  by written notice to the Customer, terminate any contract with the Customer so far as unperformed by North Coast Campers.

4.2  Clauses 4.1(d) and (e) may also be relied upon by North Coast Campers where the Customer is an individual and becomes bankrupt or enters into any scheme of arrangement, or where the Customer is a corporation and enters into any scheme of arrangement or has a liquidator or similar functionary appointed in respect of its assets.

 

5. CHANGES TO ORDERS AND SPECIFICATIONS

5.1  If the Customer requests any variation to the Contract, North Coast Campers may, in its discretion reject the request for the variation, increase the price to account for the variation, or provide a revised Camper Quote.

5.2  North Coast Campers may refuse to accept any variation to the Contract:
(a) once the Camper has entered production; or
(b)  if such change would, in North Coast Campers opinion, result in a safety issue or non-compliance with applicable Australian Standards and/or Design Rules.

5.3  North Coast Campers reserves the right to change the Campers specifications at any time without notice and without liability, provided that the end performance of the Camper is not materially prejudiced.

5.4  Customizations may change the weight of the Camper. Any description of weight provided prior to completion of the Camper is an estimate only and is not a contractual commitment.

 

6.  DELIVERY

6.1  Any period or date for delivery of the Camper trailer stated by North Coast Campers is intended as an estimate only and is not a contractual commitment.

6.2  Unless otherwise agreed in writing:
(a)  the Customer is responsible to arrange for the collection and transportation of the Camper from North Coast Campers premises.
(b)  delivery of the Camper will be deemed to occur at the commencement of the loading/hitching of the Camper onto the Customer’s transport vehicle at North Coast Campers premises;
(c)  the Customer is responsible for all costs associated with delivery, including freight, insurance and other charges arising from the point of delivery;
(d)  the risk in the Camper trailer and all insurance responsibility for theft, damage or otherwise passes to the Customer upon delivery.

6.3  The Customer indemnifies North Coast Campers against any loss or damage suffered by North Coast Campers as a result of delivery, except where caused by North Coast Campers negligence.

6.4  The Customer must arrange for collection of the Camper trailer within 7 days of notification that it is ready. If the Customer does not collect the Camper trailer within this timeframe, the Customer will be deemed to have taken delivery of the Camper from such date. The Customer may be liable for storage charges payable weekly on demand.

 

7.  LIABILITY

7.1  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 Camper trailer.

7.2  Except as specifically set out herein, or contained in any warranty statement provided with the Camper, any term, condition or warranty in respect of the quality, merchantability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the Camper, whether implied by statute, common law, trade usage, custom or otherwise, is expressly excluded.

7.3  The repair of the Camper is the absolute limit of North Coast Campers liability howsoever arising under or in connection with the sale, use of, storage or any other dealings with the Camper trailer by the Customer or any third party.

7.4  North Coast Campers 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.

7.5  North Coast Campers will not be liable for any loss or damage suffered by the Customer or any third party where North Coast Campers has failed to deliver the Camper, fails meet any delivery date or cancels or suspends the sale of the Camper.

7.6  Nothing in the Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or supply of services which cannot be excluded, restricted or modified.

 

8.  ACKNOWLEDGEMENTS

8.1  The Customer acknowledges that:
(a)  it has not relied on any service involving skill and judgment, or on any advice, recommendation, information or assistance provided by North Coast Campers in relation to the Camper trailer, its use or application.
(b)  it has the sole responsibility of satisfying itself that the Camper is suitable for its use or any contemplated use.
(c)  any description of the Camper provided in the Camper Quote or any invoice is given by way of identification only.  The use of such description does not constitute a contract of sale by description.
(d)  the specifications and particulars detailed on the Camper Quote are an accurate indication of the Customer’s requirements for the Camper.

 

9.  CANCELLATION

9.1  If, through circumstances beyond North Coast Campers control, North Coast Campers is unable to effect delivery of the Camper trailer, then North Coast Campers may suspend or cancel the Customer’s order (even if it has already been accepted) by written notice to the Customer.

9.2   The Customer may cancel the Contract and receive a refund of the holding deposit at any time up to 30 days after placing its order.

9.3  Subject to clause 9.2, no purported cancellation or suspension of an order or any part of it by the Customer is binding on North Coast Campers after that order has been accepted.

 

10.  PRE-DELIVERY INSPECTION

10.1  The Customer must inspect the Camper trailer at the time of delivery for any defects, shortages, damages or non-compliance with the specifications in the Contract.

10.2  Unless any defects, shortages, damages or non-compliance are notified to North Coast Campers at the time of inspection, the Customer will be deemed to have accepted the Camper.

10.3  Where North Coast Campers accepts any claim for defects, shortages, damages or non-compliance, North Coast Campers may, at its option, repair the Camper, replace the Camper, or refund the price of the Camper.

 

11.  MISCELLANEOUS

11.2 North Coast Campers failure to enforce any of these Terms shall not be construed as a waiver of any of North Coast Campers rights.

11.3  If any of the Terms are unenforceable it must be read down so as to be enforceable or, if it cannot be so read down, the term must be severed from these Terms without affecting the enforceability of the remaining terms.

11.4  A notice must be in writing and handed personally or sent by 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 are deemed to be received upon the sender’s facsimile machine confirming such transmission.

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