TERMS AND CONDITIONS OF TRADE
Trailers Down Under
Buyer means the client specified on the Trailers Down Under invoices; components includes a part or parts of Goods or an accessory thereto, supplied by Trailers Down Under to the Buyer Goods means trailers or components sold to the buyer repairs means repair of the Goods or Components undertaken by Trailers Down Under for the Buyer.
Warranty means the warranty set out below:
Subject to the limitations and qualifications set out below, Trailers Down Under warrants that:
The Goods and Components are of merchantable quality, fit for purpose, and free from defect for a period of one (1) year from the date of manufacture; and Repairs will be performed with due skill and care and fit for the purpose for a period of one (1) years from completion of repairs.
Limitations on Warranty
- The Warranty does not apply to any claim in respect of Goods, Components or Repairs arising out of or in consequence directly or indirectly from any one or more of the following:
- Wear and tear;
- Any failure to properly maintain and/or service;
- Improper use, maltreatment, carelessness, neglect, including but not limited to carrying loads or use more than structural or legal capacity;
- Use that is not in accordance with any instructions given by Trailers Down Under;
- Intentional, inadvertent or accidental damage;
- Exposure to any chemical, substance, the atmosphere, weather, heat, moisture or any other elements;
- Inadequate or improper storage, transportation or maintenance;
- Modification, conversion, alteration or adjustment made without the written authorisation of Trailers Down Under or its authorised representative;
The Warranty does not apply to second hand or used wheels or tyres, paintworks and scratches on any Goods.
How to Claim under this warranty:
To make a claim the buyer must:
Contact Trailers Down Under by telephone or email and give a description of the facts surrounding the claim and any other information required by Trailers Down Under within 30 days after the Buyer noticed or ought to reasonably have noticed the matter giving rise to the claim; and, return the Goods and/or Components to Trailers Down Under under as directed at the Buyers own expense within 30 days of making a claim; and provide Trailers Down Under Under with evidence of purchase satisfactory to Trailers Down Under:
If the buyer does not comply with these requirements, it may in its absolute discretion deny the claim and Trailers Down Under is thereupon absolved of all liability under this Warranty.
Subject to ArmstrongTrailers obligations under the Australian Consumer Law that may not be excluded, modified or restricted, under the warranty Trailers Down Under liability is limited as follows:
For Goods or Components Trailers Down Under may in its absolute discretion;
- Repair the Goods or Components; or
- Replace the Goods or any Components therein; or
- Refund the price paid; and
For Repairs, Trailers Down Under may in its absolute discretion:
- Repair the Goods or Components again; or,
- Refund the price paid for the repairs.
Trailers Down Under liability does not include or extend to the costs (including labour costs) of transportation of Goods or Components to or from Trailers Down Under premises.
Goods or Components accepted by Trailers Down Under for repair may at its absolute discretion be repaired with refurbished goods or components. Any Goods or Components replaced become the property of Trailers Down Under.
Australian Consumer Law
Under the Australian Consumer Law, in certain circumstances, the Goods and Components are subject to guarantees that cannot be excluded. These guarantees apply in addition to other rights and remedies the Buyer may have. The guarantees apply to a Buyer where:
- The amount paid or payable for the Goods or Components does not exceed $40000[except where the Goods are not of a kind ordinarily acquired for personal, domestic or household use or consumption, and the manufacturer has limited its liability in a manner permitted by the Australian Consumer Law, in which case the Buyers rights are limited to that extent)
- The Goods are of a kind ordinarily acquired for personal, domestic or household use or consumption; or
- The Goods are a trailer acquired for use principally in the transport of goods on public roads, unless the Buyer acquired the goods for the purpose or re-supply or the purpose of using it up or transforming it in trade or commerce,
The Buyer is entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. The Buyer is 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.