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Terms and conditions

  1. THE PARTIES
    • The Supplier: Australia Wide Annexes Pty Ltd (ACN 133 351 541) of Shed 2, 354 Mons Road, Forest Glen in the State of Queensland 4556
    • The Customer:

  2. DEFINITIONS
    • 2.1.The Customer includes any person engaging the Supplier on behalf of and with the authority of the Customer that the Order is provided for.
    • 2.2.The Order is defined as any request for the supply of Goods and Services by the Customer with the Supplier which has been accepted by the Supplier.
    • 2.3.The Goods are custom annexes, awning vinyls and factory direct products related to the caravan industry.
    • 2.4.The Services is the delivery of the Goods to the Customer including any unloading, unpacking and installation of fittings.
    • 2.5.The Price is the amount invoiced for the Goods and Services provided.
    • 2.6.Reference to loss and damage includes Indirect, Special or Consequential loss and/or damage including i) any loss of income profit or business; ii) any loss of good will or reputation; iii) any loss of value of intellectual property.
    • 2.7.Major failure is as defined under the Competition and Consumer Act 2010 (Cth).
    • 2.8.GST refers to Goods and Services tax under the A New Tax System (Goods and Services Tax)Act 1999 (Cth) (“GST Act”) and terms used herein have the meanings contained within the GST Act.
    • 2.9.Security Interest as defined in Section 12 of the Personal Property Securities Act 2009 (Cth) (“PPSA”).
    • 2.10.“Security Agreement”, “Commingled Goods”, “Collateral”, “Financing Statement”, “Financing Change Statement” is defined under Section 10 of the PPSA.
  3. GENERAL
    • 3.1.These terms and conditions together with the Supplier’s quotation and Trade Application Form and the Customer’s Order constitute the agreement between the Supplier and the Customer(“the agreement”).
    • 3.2.Any Order requested by the Customer is deemed to incorporate these terms and conditions and may not be varied unless expressly agreed to by the parties in writing. In the event that an inconsistency exists and/or arises between these terms and the Order it is acknowledged between the parties that these terms and conditions will prevail.
    • 3.3.No subsequent correspondence or document or discussion shall modify or otherwise vary these terms and conditions unless such variation is in writing and signed by the Parties.
    • 3.4.The terms and conditions are binding on the Customer, and the Customer’s heirs, assignees, executors, trustees and where applicable, any liquidator, receiver or administrator.
    • 3.5.In these terms and conditions, the singular shall include the plural, the masculine shall include feminine and neuter and words importing persons shall apply to corporations.
    • 3.6.Where more than one Customer completes this Agreement each shall be liable jointly and severally.
    • 3.7.If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired and the offending provision shall be deemed as severed from these terms and conditions.
    • 3.8.The Supplier may license or sub-contract all or any part of its rights and obligations without the Customer’s consent but the Supplier acknowledges that it remains at all times liable to the Customer in accordance with the terms herein.
    • 3.9.The failure by the Parties to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect a Parties’ right to subsequently enforce that provision.
    • 3.10.The Customer acknowledges that the Supplier may detail these terms and conditions on its website. In this event, the terms and conditions on the Supplier’s website shall apply to any future dealings as between the parties and the Customer is deemed to have notice of any suchterms and conditions and/or amendments.
  4. QUOTATIONS AND PLACEMENT OF ORDERS
    • 4.1.Any quotation for the supply of Goods and Services given by the Supplier will expire after thirty (30) days.
    • 4.2.The Supplier does not represent that it will provide any Goods and Services unless included in the Order or Quotation.
    • 4.3.A request for Goods may be placed by the Customer with the Supplier either verbally or in writing however the Supplier may require the Customer to provide a written order or purchase order document prior to any Goods being released or dispatched by the Supplier.
    • 4.4.As a condition of acceptance the Supplier may request that the Customer provide a written Order or confirmation of acceptance of Quotation. Goods will only be released and/or dispatched by the Supplier in the event that the Customer has provided the requested written Order or confirmation of acceptance of Quotation.
    • 4.5.All prices quoted or advertised by the Supplier are based on taxes and statutory charges current at that time. Should these vary during the date of the Order to the date of the invoice, the difference will become the responsibility of the Customer and the Customer will be invoiced for the extra charge by the Supplier
  5. PRICE
    • 5.1.GST will be charged on the Goods provided by the Supplier that attract GST at the applicable rate.
    • 5.2.At the discretion of the Supplier, all Orders may be subject to the payment by the Customer of a deposit, and/or periodic interim payments at specified intervals or points in time.
    • 5.3.The payment by the Customer of a deposit shall constitute an acceptance by the Customer of the Supplier’s quotation for the Goods and Services.
    • 5.4.At the Supplier’s sole discretion the Price shall be either:
    • 5.4.1.The Supplier’s quoted Price for the Order; or
    • 5.4.2.As detailed on invoices provided by the Supplier to the Customer in respect of Goods supplied.
  6. PROVISION OF THE GOODS AND SERVICES
    • 6.1.The Supplier reserves their right to:
    • 6.1.1.Decline requests for the supply of any Goods or Services requested by the Customer;
    • 6.2.Delivery of the Goods shall be deemed to be complete when the Goods are collected by the Customer or are delivered to the Customer or to the carrier as nominated by the Supplier and/or Customer.
    • 6.3.If the Customer fails to make all arrangements necessary to take delivery of the Goods the Customer shall, at the discretion of the Supplier, be liable for a $33.00 Non Delivery Fee and the Supplier shall be entitled, also at its discretion, to charge a reasonable fee for redelivery and storage.
    • 6.4.Unless specified to the contrary in the quotation or the Purchase Order, the Supplier does not warrant that it will be capable of delivering the Goods and Services on a specific day or at a specific time requested by the Customer.
    • 6.5.Subject to otherwise complying with its obligations the Supplier shall exercise its independent discretion as to its most appropriate and effective manner of delivering the Goods and Services to the Customer, including the freighting company engaged for delivery of Customers’ Orders.
  7. AGREED USE
    • 7.1.The Customer acknowledges that the Customer may forfeit any rights if any, he may have
      against the Supplier if:
    • 7.1.1.The Goods are applied for any other use to which the Goods are not intended for and/or not in accordance with any applicable manual, or the Supplier’s instructions;
    • 7.1.2.Any alteration to the Goods is carried out other than in accordance with intended alterations and/or the Goods are not repaired by the Supplier or duly authorised repairer.
    • 7.2.The Customer further acknowledges sole responsibility for any damage or injury to property or person caused by using the Goods in any way and shall indemnify in full the Supplier, its servants and/or agents in relation to all such claims.
  8. PAYMENT AND CREDIT POLICY
      • 8.1.Non-Account Customers must make full payment to the Supplier on delivery of the Goods or completion of the Services unless otherwise specified or agreed between the Parties in writing.
        Credit:
      • 8.2.Credit will only be granted at the sole discretion of the Supplier and upon submission of a completed Trade Application Form.
      • 8.3.On the acceptance by the Supplier of a completed Trade Application Form,
        Account Customers must make full payment to the Supplier within the payment terms stipulated on the completed Trade Application Form, or as otherwise agreed between the Parties in writing.
      • 8.4.Any credit, or credit limit granted by the Supplier may be revised by the Supplier at any time and at its discretion.
      • 8.5.The Supplier reserves the right to withdraw any credit facility upon any breach by the Customer of these Terms and Conditions or upon the Customer ceasing to trade and/or being subject to any legal proceedings and/or the Customer committing an act of insolvency.
      • 8.6.The Customer agrees that upon such withdrawal, any and all monies owing on the account shall become immediately due and payable.

    Set-Off

      • 8.7.The Customer shall have no right to set-off in any suit, claim or proceeding brought by the Supplier against the Customer for default in payment
      • 8.8.The Customer acknowledges that the Supplier can procedure this clause in bar of any proceeding for set-off.

    Account Customer’s Privacy

    • 8.9.The Customer agrees;
    • 8.9.1.For the Supplier to obtain from a credit reporting agency a credit report containing personal credit information about the Customer in relation to credit provided by the Supplier.
    • 8.9.2.That the Supplier may exchange information about the Customer with those credit providerseither named as trade referees by the Customer or named in a consumer credit report issued by a credit reporting agency.
    • 8.9.3.The Customer consent to the Supplier being given a consumer credit report to collect overduepayment on commercial credit to the extent permitted under the Privacy Act.
  9. DEFAULT
    • 9.1.For the purposes of this clause 8 the “default date” is the day after the date by which payment of the Price in full was due to be made by the Customer to the Supplier in accordance with the agreement and the “outstanding balance” is the Price, less any payments made by the Customer prior to the default date.
    • 9.2.To the extent permitted by law, if the Supplier does not receive the outstanding balance on or
      before the default date the Customer acknowledges and agrees that:
    • 9.2.1.The Customer will be liable for interest on the outstanding balance from the default date at the rate of twelve per centum (12%) per annum calculated on a daily basis;
    • 9.2.2.The Customer may be charged an account keeping fee of $10.00 at the end of each calendar month in which the account of the Customer is in arrears;
    • 9.2.3.In the event where the Supplier or the Supplier’s agency refers the outstanding balance to a lawyer the Customer shall pay as a liquidated debt the charges reasonably made or claimed by the lawyer on the indemnity basis.
  10. RISK AND LIABILITY
    • 10.1.The Customer will ensure that there is sufficient and accurate information to enable the Supplier to execute the Order, including any special requirements pertaining to the delivery Goods.
    • 10.2.The Supplier takes no responsibility and will not be liable for any damages or costs resulting in the Goods and/or Services being faulty or not fit for purpose as a consequence of insufficient or inaccurate information provided by the Customer.
    • 10.3.The Customer accepts risk in relation to the Goods when the Goods pass to his care and/or control; or that of his nominated carrier or any other agent.
    • 10.4.The Supplier takes no responsibility for representations made in relation to the Goods by any third party or any delay in the delivery of the Goods by a third party carrier nominated by the Customer.
    • 10.5.The Customer acknowledges that the Supplier shall not be liable for and the Customer releases the Supplier from any loss incurred as a result of delay, or failure to provide the Goods and/or Services or to observe any of these conditions due to an event of force majeure, being any cause or circumstance beyond the Supplier’s reasonable control.
    • 10.6.Subject to the Supplier’s warranty for defective Goods and Services, the Supplier’s liability for any loss and damage in associated with, arising from or in connection with the supply of the Goods and Services may not exceed the Price of the Purchase Order, including but not limited to personal injury and damage to property
  11. WARRANTY
      • 11.1.The Supplier warrants that the Customer’s rights and remedies in the agreement arising from a warranty against defects are in addition to other rights and remedies under any applicable law in relation to the goods and services to which the warranty relates.
      • 11.2.The Supplier does not purport to restrict, modify or exclude any liability that cannot be excluded under the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) as may be amended from time to time.

    Warranty for Goods and Services

      • 11.3.Provided that the Customer reports any defect in any Goods supplied, preferably withinfourteen (14) days from the date that the defect became apparent, the Supplier will rectify thedefect within a reasonable period of time.
      • 11.4.The Supplier provides the following warranty to Customers who are Consumers in respect of Goods supplied:“Our goods come with guarantees that cannot be excluded under the Australian ConsumerLaw. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure.”
      • 11.5.In respect of all claims under warranty, the Supplier reserves it right to inspect Goods allegedto be defective.
      • 11.6.To the extent permitted by law the Supplier’s liability in respect of defective Goods and Services that does not constitute a major failure will be limited to:
      • 11.6.1.The resupply by the Supplier of the defective Goods and Services; or
      • 11.6.2.The refund of the Price paid by the Customer in respect of the defective Goods and Services.
      • 11.7.The Supplier shall not be liable to compensate the Customer for any reasonable delay in rectifying Goods and Services found to be defective or in assessing the Customer’s claim.
      • 11.8.The Customer warrants that it will use its best endeavours to assist the Supplier with identifying the nature of the defective Goods and Services claim

    Claims made under Warranty

    • 11.9.Claims for warranty should be made in one of the following ways:
    • 11.9.1.The Customer must send the claim in writing to the Supplier’s address at Shed 2, 354 Mons Road, Forest Glen, Queensland 4556.
    • 11.9.2.The Customer must email the claim to the Supplier to warranty@australiawideannexes.com.au
    • 11.9.3.The Customer must contact the Supplier on the Supplier’s business number 1300 783 776
  12. TERMINATION AND CANCELLATIONCancellation by Supplier
      • 12.1.The Supplier may cancel any Purchase Order to which these terms and conditions apply at any time before payment is made by the Customer by giving written notice to the Customer. The Supplier shall not be liable for any loss and damage whatsoever arising from such cancellation.
      • 12.2.Without prejudice to the Supplier’s other remedies at law, the Supplier shall be entitled to cancel all or any part of any Order of the Customer which remains unfulfilled and all amounts owing to the Supplier shall, whether or not due for payment, become immediately payable in the event that:
      • 12.2.1.Any money payable to the Supplier becomes overdue for payment; or
      • 12.2.2.The Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
      • 12.2.3.A receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.

    Cancellation by Customer

    • 12.3.The Customer may cancel the Order by providing written notice to the Supplier within 3 days of entering into the agreement with the Supplier (“the cooling-off period”).
    • 12.4.Outside any applicable cooling off period the Customer may cancel any Order to which these terms and conditions apply at any time before the Goods are due to be delivered or the services are due to commence by providing written notice of the cancellation to the Supplier. In this event the Customer will be liable for any loss and damage incurred by the Supplier as a result of the cancellation, including but not limited to the cost to the Supplier of materials purchased by the Supplier to complete the Order and any loss of profits.
    • 12.5.The Supplier may retain any sum or deposit paid in respect of the Price and offset such sum or deposit in satisfaction or partial satisfaction of any sum owing to the Supplier as a result of the Owner’s cancellation outside of any applicable cooling off period.
  13. RETURN OF GOODS
    • 13.1.The Supplier may, at its discretion accept the return of Goods it has supplied to the Customer and that the Customer has accepted on the basis that Goods are no longer required by the Customer or are otherwise unwanted subject to:
    • 13.1.1.The request for the return of Goods being made by the Customer within seven (7) days of acceptance of the Goods by the Customer;
    • 13.1.2.The Price of the Goods having been paid in full by the Customer; and
    • 13.1.3.The Goods being returned and accepted by the Supplier in their original condition and being fit for resale.
    • 13.2.The Customer acknowledges that it may incur a restocking fee of twenty per (20%) of the Price
      paid in respect of any Goods so returned and the Supplier may:
    • 13.2.1.Withhold any applicable re-stocking fee from any refund due to the Customer in respect of the Goods so returned;
    • 13.2.2.Apply any refund due to the Customer in respect if Goods so returned as credit to the trading account of the Customer less the applicable re-stocking fee;
    • 13.3.The Customer is at all times responsible for the Goods until accepted as returned by the Supplier pursuant to this clause and the Customer accepts that it will bear any relevant freight or associated cost of returning any Goods.
  14. RETENTION OF TITLE FOR GOODS
    • 14.1.While the risk in Goods shall pass to the Customer on receipt of the Goods (including all risks associated with unloading); legal and equitable title in the Goods shall remain with the Supplier until full payment of all Goods supplied by the Supplier to the Customer is made. Pending such payment the Customer:
    • 14.1.1.Shall hold the Goods as Bailee for the Supplier and shall return the Goods to the Supplier if so requested.
    • 14.1.2.Agrees to hold the Goods at the Customer’s own risk and is liable to compensate the Supplier for all loss or damage sustained to the Goods whilst they are in the Customer’s possession.
    • 14.1.3.The Customer should store the Goods separately and in such a manner that it is clearly identified as the property of the Supplier and keep the Goods insured to full replacement value.
    • 14.1.4.The Customer must not allow any person to have or acquire security interest in the Goods whilst the Goods are in the Customer’s possession.
    • 14.1.5.The Customer may sell and/or use the Goods in the ordinary course of business.
    • 14.1.6.If the Goods are resold before all monies are paid to the Supplier, the Customer shall hold the proceeds of sale in a separate identifiable account on trust for the Supplier and promptly account the Supplier for those proceeds in payment of the Price for the Goods
    • 14.2.Notwithstanding the provisions above, the Supplier shall be entitled to issue legal proceedingsto recover the Price of the Goods.
  15. PERSONAL PROPERTY SECURITIES ACT 2009 (CTH) (“PPSA”)
    • 15.1.The Customer acknowledges that these terms and conditions will constitute a Security Agreement which creates a security interest in favour of the Supplier over all present and after acquired Goods supplied by the Supplier to the Customer to secure the payment of the Price or any other amount owing under this agreement from time to time including future advances
    • 15.2.The Customer acknowledges that the security interest is a purchase money security interest (“PMSI”) as defined under Section 14 of the PPSA for all present, after acquired Goods including any Commingled Goods.
    • 15.3.The security interest will continue to apply as an interest in the Collateral for the purposes of PPSA with priority over registered or unregistered security interest.
    • 15.4.The Supplier may register the security interest as PMSI on the Personal Property Securities Register (“PPSR”) under the PPSA without providing further notice to the Customer.
    • 15.5.The Customer agrees the Supplier is not required to disclose information pertaining to the Supplier’s security interest to an interest party unless required to do pursuant to PPSA or under the general law.
    • 15.6.The Customer agrees and undertakes:
    • 15.6.1.To sign any documents and/or provide further information reasonably required by the Supplier to register Financing Statement or Financing Change Statement on the PPSR;
    • 15.6.2.To indemnify the Supplier for all expenses and/or costs incurred by the Supplier in registering a Financing Statement or Financing Change Statement on PPSR including the costs of amending, maintaining, releasing and enforcing any security interests in the Goods;
    • 15.6.3.Not to register and/or make a demand to alter a Financing Statement in the Collateral without prior written consent of the Supplier;
    • 15.6.4.To provide the Supplier with seven (7) days written notice of any change or proposed change to the Customer’s business name, address, contact details or other changes in the Customer’s details registered on the PPSR;
    • 15.6.5.To waive any rights of enforcement under Section 115 of the PPSA for Collateral not used predominantly for personal, domestic or household purposes;
    • 15.6.6.To waive any rights to receive Verification Statement in respect of any Financial Statement or Financing Change Statement under Section 157 of the PPSA.
  16. ENTIRE AGREEMENT
    • 16.1.The Agreement as defined herein constitutes the whole agreement between the Customer and the Supplier.
    • 16.2.The Agreement is deemed to be made in the State of Queensland and all disputes hereunder shall be determined by the appropriate courts of Queensland.
    • 16.3.All prior discussions and negotiations are merged within this document and the Supplier expressly waives all prior representations made by him or on his behalf that are in conflict with any clauses in this document in any way.
    • 16.4.Nothing in these terms and conditions is intended to have the effect of contravening any applicable provisions of the Competition and Consumer Act 2010 (Cth) or the Fair Trading Acts in each of the States and Territories of Australia.

I/We understand and agree to be bound by the Terms and Conditions set out herein

*FOR ADDITIONAL COMPLETION BY APPROVED ACCOUNT CUSTOMERS ONLY*

DEED OF GUARANTEE AND INDEMNITY
We each of the undersigned, for ourselves, our respective executors and administrators jointly and severally agree that if at any time the Customer shall default in any part of its performance of this Agreement, we will on demand by the Supplier pay, to the Supplier the whole of the monies owed by the Customer to the Supplier and we will keep the Supplier indemnified against all losses, costs, charges and expenses whatsoever which the Supplier may incur by any default on the part of the Customer. This is a continuing guarantee and indemnity and shall not be released by any neglect or forbearance on the part of the Supplier enforcing payment of any of the monies owed.
We acknowledge, by signing this Guarantee, that we have read and understood the Terms and Conditions and that we have been advised to consult our respective solicitors as to our liability with respect to this Guarantee and we agree to abide by this Deed.

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