1.1 “Company” shall mean A1 TRAILER PARTS and its successors and assigns.
1.2 “Customer” shall mean the Customer or any person acting on behalf of and with the authority of the Customer.
1.3 “Guarantor” means that person (or persons), or entity who agrees herein to be liable for the debts of the Customer on a principal debtor basis.
1.4 “Goods” shall mean Goods supplied by the Company to the Customer (and where the context so permits shall include any supply of Services as hereinafter defined).
1.5 “Services” shall mean all services supplied by the Company to the Customer and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined supra).
1.6 “Price” shall mean the cost of the Goods as agreed between the Company and
the Customer subject to clause 4 of this contract.
2.1 Any instructions received by the Company from the Customer for the supply of Goods and/or the Customer’s acceptance of Goods supplied by the Company shall constitute acceptance of the terms and conditions contained herein.
2.2 Where more than one Customer has entered into this agreement, the
Customers shall be jointly and severally liable for all payments of the Price.
2.3 Upon acceptance of these terms and conditions by the Customer the terms and conditions are irrevocable and can only be rescinded in accordance with these terms and conditions or with the written consent of the manager of the Company.
2.4 None of the Company’s agents or representatives are authorised to make any
representations, statements, conditions or agreements not expressed by the manager of the Company in writing nor is the Company bound by any such unauthorised statements.
2.5 The Customer undertakes to give the Company not less than fourteen (14)
days prior written notice of any proposed change in the Customer’s name and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s address, facsimile number, or business practice).
3.1 The Goods are as described on the invoices and quotations and product descriptions as described on the online store, as provided by the Company to the Customer.
4.1 At the Company’s sole discretion;
(a) The Price shall be as indicated on invoices or online store provided by the Company to the Customer in respect of Goods supplied; or
(b) The Price shall be the Company’s current Price, at the date of delivery of the Goods, according to the Company’s current Price list or prices reflected on the online store or;
(c) The Price of the Goods shall be the Company’s quoted Price which shall be binding upon the Company provided that the Customer shall accept in writing the Company’s quotation within fourteen (14) days.
4.2 Time for payment for the Goods shall be of the essence and will be at the point of order on the Company’s online store or stated on the invoice, quotation or any other order forms. If no time is stated then payment shall be on delivery of the Goods.
4.3 The Company may withhold delivery of the Goods until the Customer has paid for them, in which event payment shall be made before the delivery date.
4.4 At the Company’s sole discretion, for certain approved Customers payment will be due either at the point of order on the Company’s online store or seven (7) days following the date of the invoice, if ordered offline.
4.6 Payment will be made by credit card when ordering on the Company’s online store. The Company only accepts VISA or MasterCard only.
or by cheque, cash, or by direct credit, or by any other method as agreed to between the Customer and the Company.
5. Delivery of Goods
See delivery charges schedule.
6.1 Availability of products is not guaranteed. If you have ordered an item that is not available we will notify you (via email or telephone) in a timely manner. A1 TRAILER PARTS uses the postal services provided by (to be confirmed) for local and interstate delivery.
6.2 A1 TRAILER PARTS will not be responsible for delivery outside the time lines provided in circumstances where the delay is caused by matters out of its control.
7.1 The Customer shall inspect the Goods on delivery and shall within seven (7) days of delivery notify in writing, the Company of any alleged defect, shortage in quantity, damage or failure to deliver the correct Goods. The Customer shall afford the Company an opportunity to inspect the Goods within a reasonable time following delivery if the Customer believes the Goods are defective in any way. If the Customer shall fail to comply with these provisions, the Goods shall be conclusively presumed to be in accordance with the terms and conditions and free from any defect or damage.
7.2 For defective Goods, which the Company has agreed in writing that the Customer is entitled to reject, the Company’s liability is limited to either (at the Company’s discretion) replacing the Goods or repairing the Goods provided that:
(a) the Customer has complied with the provisions of clause 7.1;
(b) the Company will not be liable for Goods which have not been stored or used in a proper manner;
(c) the Goods are returned in the condition in which they were delivered with all packaging material and accompanied by proof of purchase.
(d) Goods must be accompanied by a GOODS RETURN FORM, of which will be provided by the Company, which is included on our online store and has been authorised by a representative of the company.
7.3 The Company may (in its discretion) accept the Goods for credit
7.4 Goods deemed as Sale Items at the time of purchase or purchased using a discount/coupon are non-returnable, unless reject upon delivery as faulty, incorrect or damaged (Ref clause 7.1) Once the Sale Item has been purchased the transaction is final
8.1 Any provision in these Terms of Sale which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise must be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.
9.1 Where the Company has not received or been tendered the whole of the price, or the payment has been dishonoured, the Company shall have:
(a) a lien on the goods;
(b) the right to retain them for the price while the Company is in possession of them;
(c) a right of stopping the goods in transit whether or not delivery has been made or ownership has passed; and
(d) a right of resale,
(e) the foregoing right of disposal, provided that the lien of the Company shall continue despite the commencement of proceedings or judgement for the price having been obtained
10. The Commonwealth Trade Practices Act 1974 and Fair Trading Acts
10.1 Nothing in this agreement is intended to have the affect of contracting out of any applicable provisions of the Commonwealth Trade Practices Act 1974 or the Fair Trading Acts in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.
10.2 The applicable law of this agreement is the law of Victoria and the Company and Customer irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales.