Pilbara Boat N Bikes, Port Hedland. (08) 9172 2279
Rockingham Towbars, Rockingham. (08) 95274551
Joda Industries Metaland, Kununurra.WA (08) 91681396
Derby Firearms Supplies, Derby. (08) 91911490
Kalgoorlie Trailers, (Roger Alter) Kalgoorlie. 0419915670
Regional Trailers, Bunbury. (08) 97257788
Abrolhos Steel, Geraldton. (08) 99219300
Conditions of Sale
Purchaser will check wheel nuts between the first 50 -100 kms.
1. In these conditions:
(1) Seller means JOHN PAPAS TRAILERS which is the Seller of the goods.
(2) ‘Buyer’ means the purchaser of the goods specified overleaf.
(3) ‘Goods’ means the products and, if any, services specified overleaf.
(4) Nothing in these conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or
modifying any condition, warranty, guarantee, right or remedy implied by law (including the Trade Practices Act 1974) and which by
law cannot be excluded, restricted or modified.
2. These conditions (which shall only be waived in writing signed by the Seller) shall prevail over all conditions of the Buyer’s order to the extent of any
Terms of Sale
3. The goods and all other products sold by the Seller are sold on these terms and conditions.
4. (a) All specifications, drawings, and particulars of weights and dimensions submitted to the Seller are approximate only and any deviation from
any of these things does not vitiate any contract with the Seller or form grounds for any claim against the Seller.
5. (1) The Seller’s liability for goods manufactured by it is limited to making good any defects by repairing the defects or at the Seller’s option by
replacement, within a period not exceeding twenty-four (24) calendar months after the goods have been dispatched so long as:
defects have arisen solely from faulty materials or workmanship;
the goods have not received maltreatment, inattention of interference;
accessories of any kind used by the Buyer are manufactured by or approved by Seller;
the defective parts or goods are promptly returned free of cost to the Seller;
the goods have been inspected by the Seller at the Seller’s place of business.
The goods are serviced at the intervals specified in the schedule Below and the service record signed at the Seller’s place of business.
TERMS AND CONDITIONS OF SALE
(1) PURCHASER WILL CHECK WHEEL NUTS AFTER 1ST 50 KLMS.
(2) TITLE OF GOODS DOES NOT PASS UNTIL FULL PAYMENT IS RECEIVED
(3) PAPAS TRAILERS EXPRESSLY EXCLUDES LIABILITY FOR ANY CONSEQUENTIAL
LOSS OR DAMAGE INCLUDING LOSS OF PROFIT,BUSINESS,GOODWILL OR
ANTICIPATED SAVINGS WHATSOEVER CAUSED ARISING DIRECTLY OR INDIRECTLY
THROUGH THE USE OF THE PRODUCTS SOLD.
(4) THE TRAILER WILL CARRY A WARRANTY FOR TWO (2) YEARS
PROVIDED IT IS SERVICED EVERY (SIX MONTHS)AT ONE OF OUR FACTORIES
FOR THE PERI0D OF THAT TIME.
WARRANTY DOES NOT INCLUDE (PAINT,SECONDHAND TYRES,OR RIMS)
(5) ANY EXPENSES, COSTS OR DISBURSEMENTS INCURRED BY JOHN PAPAS TRAILERS
PTY LTD IN RECOVERING ANY OUTSTANDING MONIES INCLUDING ANY
SOLICITORS COSTS CALCULATED ON AN INDEMNITY BASIS, SHALL
BE PAID BY THE PAYEE.
ALL WARRANTY REPAIRS MUST BE DONE AT OUR FACTORIES IN WELSHPOOL \OSB.PK
TRANSPORT TO OUR FACTORIES IS AT OWNERS EXPENSE
1ST SERVICE (6 MONTHS) DATE: SIGNED:
OR 10,000 KMS
2ND SERVICE (12 MONTHS) DATE: SIGNED:
OR 20,000 KMS
3RD SERVICE (18 MONTHS) DATE: SIGNED:
OR 30,000 KMS
4TH SERVICE (24 MONTHS) DATE: SIGNED:
OR 40,000 KMS
EACH SERVICE INCLUDES: GREASE WHEEL BEARINGS WITH GREASE AND ADJUST
CHECK WHEEL NUTS, CHECK U-BOLTS AND TIGHTEN, CHECK LIGHTS
FOR FAULTY GLOBES AT A MINIMAL CHARGE.
If the goods are not manufactured by the Seller the guarantee of the manufacturer of those goods is accepted by the Buyer and is the only
guarantee given to the Buyer in respect of the goods. The Seller agrees to assign to the Buyer on request made by the Buyer the benefit of any warranty or entitlement to the goods that the manufacturer has granted to the Seller under any contract or by implication or operation of law to the extent that the benefit of any warranty or entitlement is assignable.
The seller is not liable for and the Buyer releases the Seller from any claims in respect of faulty or defective design of any goods supplied unless such design has been wholly prepared by the
Seller and the responsibility for any claim has been specifically accepted by the Seller in writing. In any event the Seller’s liability under this paragraph is limited strictly to the replacement
Of defective parts in accordance with para 11 (1) of these conditions.
Except as provided in these conditions, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or
Fitness of the goods for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are expressly excluded. The Seller is not liable for physical or
Financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply, layout, assembly, installation or operation of the goods or arising out of the Seller’s
Negligence or in any way whatsoever.
The guarantee does not include paint, second hand tyres or rims.
The Seller is not liable for and the Buyer releases the seller from any claims in respect to towing of trailers with inadequately rated towing equipment or towing with a vehicle inadequately
Rated to tow a trailer whilst in fully loaded configuration.
The Seller’s liability for a breach of a condition or warranty implied by Div 2 of Pt V of the Trade Practices Act 1974 (other than s 69) is limited to:
(1) In the case of goods, any one or more of the following:
(a) the replacement of the goods or the supply of equivalent goods;
(b) The repair of the goods;
(c) The payment of the cost of replacing the goods or of acquiring equivalent goods;
(d) The payment of the cost of having the goods repaired ; or
(2) In the case of services:
(a) the supplying of the services again; or
(b) the payment of the cost of having the services supplied again.
The Seller’s liability under s 74H of the Trade Practices Act 1974 is expressly limited to a liability to pay to the purchaser an amount equal to:
(3) the cost of replacing the goods:
(4) the cost of obtaining equivalent goods; or
(5) the cost of having the goods repaired, whichever is the lowest amount.
The purchase price in relation to goods is payable net any payment of the price of the goods must be made on or before the 30th day of the month next following the delivery of the goods
Unless other terms of payment are expressly stated in these conditions in writing.
9. (a) The seller is not under any duty to accept goods returned by the buyer and will do so only on terms to be agreed in writing in each individual case.
(b) If the Seller agrees to accept returned goods from the Buyer under para (a) of this clause, the Buyer must return the goods to the Seller at the Seller’s place of business referred to at the
head of these conditions.
FOR FULL WARANTY CONDITION GO TO
Click any where on white page to return to top of page
All Trailers Are Fitted With Secondhand rims and Tyres NEW TYRES ARE EXTRA
The Legal Weight For Any Trailer To Carry Without Brakes Is 750KG Gross Weight
The Tyre Pressure For Light Loads Is 25-30 lbs PSI------- Heavy Loads 30_40 lbs PSI
When You Buy A Licenced Trailer The Transfer Fee And Stamp Duty is Not Included
Our Trailers Are Fitted With 50mm Tow Hitch And 7 Pin Plug
Our Trailers Have All Wiring Enclosed In Poly Pipe For Protection
All Trailers Are Fitted With New Hubs And Bearings
Yes We Repair all Makes Of Trailers------------Yes We Take Tradeins
Yes Our Trailers Are Manufactured,Sold And Serviced In West Australia Not China.
This means That Parts & Panels Are always Available.
Country Dealers Who Sell Our Trailers
Terms and Conditions of Use
If you intend to transact through this website (i.e purchase Goods and/or Services) then you warrant that you are at least 18 years of age, that you have the power to enter into this agreement and you acknowledge that this agreement creates binding and valid legal obligations upon you.
If you do not agree with or do not wish to accept the Terms and Conditions relating to this website, then please do not use this website. You are also advised that failure to accept our Terms and Conditions may result in your inability to access certain sections of this website.
We are committed to protecting your Privacy in accordance with Australian Principles. We also recognise that when you choose to provide us information about yourself that you trust us to act responsibly and in your best interests therefore we have the following policies in place to protect your personal information.
Storing Your Information
Securing Your Information
When making a transaction through this website your information will pass through a secure server using SSL (secure sockets layer) encryption technology. The encryption process ensures that your information can not be read by or altered by outside influences.
Information We Collect
When you request Goods or Services we may collect personal information supplied by you when you complete an online form in order to facilitate the purchase of Goods and/or Services. Such information will enable us to process your transactions efficiently, analyse our website services and enable us to provide a higher level of customer service (which may include informative or promotional activities).
We may also collect the following information/tracking data for statistical purposes and to help us understand how to make our website more available and user friendly for you and to measure the success of any advertising activities we may under take:
(a) Your IP address.
(b) The date and time of your visits to our website.
(c) Your clicks and activity on this site.
(d) The referring site if any through which you clicked through to this site.
(e) Technical information on your browser, device and operating systems.
Information We Release
We will only release information about you as authorised by yourself, required by law or where required in order for us to provide Goods or Services to yourself e.g to third party suppliers, or delivery companies. Where supplied to such third parties the information provided will only be sufficient for the third party to perform their services and may not be used by them for any other purpose.
We will not release your information for any purpose which you could reasonably expect us not to release the information.
Except as detailed above we do not share, give, sell, rent, or lease information to third parties and your personal information will only be disclosed to those employees within our organisation who have a need to know in order to ensure you are provided with information about our products and Services or to request Goods and Services through this website.
Under the Privacy Act legislation you can ask to see any information we may hold about you and you also have the right to have any inaccuracies in the same corrected by us. We will comply with any such requests to the extent required by the Privacy Act legislation within fourteen (14) days of the receipt of your request.
Our website uses a technology called cookies (a small element of data that our website may send to your computer) that may be used to provide you with specific information for the purpose of us tracking site usage and traffic. These cookies do not read your hard drive but may be stored on your hard drive to enable our website to recognise you when you return to the same.
If at any time you are on a mailing list of ours then you may request to be removed from the same and we will comply with your request if there is no unsubscribe button provided then please contact us with your request using the Contact Us section of this website.
Returns, Damaged or Defective Goods
Our policy in relation to Returns, Damaged or Defective Goods shall be as specified in our standard Terms and Conditions for the supply of Goods and Services. We shall not accept returns for change of mind or if you make a wrong decision unless due to our negligence or incorrect information supplied by ourselves.
Copyright and Trademarks
The contents of this website are at all times the copyright or trademark property of either ourselves, our suppliers or linked third parties and you may not distribute, reproduce, display, publish any trademark or other content of this website for any purpose whatsoever without the prior written approval of us, our suppliers or linked third parties (each as applicable). Furthermore you agree to indemnify us against any claims, costs, damages or losses incurred by us should you fail to comply with clause.
Advertisers and Linked Sites
The display on our website of any advertiser or the provision of a link to third party websites does not constitute our endorsement of either the advertiser or third party provider or any of their website content or business practices. As we do not have any control of the content of any third party websites, access to such websites is at your sole risk and we recommend that you thoroughly review the terms and conditions of use and the Privacy policies of any third party website immediately once you access such a site.
We shall accept no liability in regards to any dealings, promotions or activities between yourself and advertisers or third party providers.
Specifications and Information
Specifications and information provided on this website are given in good faith based on our knowledge, experience, or information provided to us by manufacturers and/or suppliers, or derived from sources believed to be accurate at the time the information is received by us, therefore it is recommended if you have any concerns as to the suitability of Goods or Services provided through this website in respect of the use of the Goods or Services or their suitability for a particular use that you contact us or seek external professional opinion.
You acknowledge and accept that colours of items displayed on the website may not reflect the true and actual colour of such items as this may be affected by external influences such as the quality of images supplied to us for use, or the quality, age or settings on your monitor. If colour is a major factor in your decision making we recommend you contact us before purchase.
Display on this website does not guarantee the availability of any particular Good(s) therefore all orders placed through this website shall be subject to confirmation of acceptance by us. Orders for Services shall be subject to confirmation of suitable timeframes between you and ourselves for provision of the Services.
Changes to Terms and Conditions
Due to the inherent nature of websites we cannot guarantee uninterrupted or continuous availability of this website and you accept that the website may also be unavailable from time to time for maintenance or scheduled upgrades. Where able we shall give you advanced warning of the same. We shall accept no liability in relation to website downtime whether scheduled or otherwise.
Termination of Use
These terms and your access to our website may be terminated by us (at our sole discretion) at any time without notice or any requirement to give you a reason why. In the event of termination under this clause we shall have no liability to you whatsoever (including for any consequential or direct loss you may suffer).
This website (excluding any linked third party sites) is controlled by us from our principal business premises in Australia. It can be accessed from countries around the world to the extent permitted by the website. As each country has laws that may differ from Australia, by accessing this site, you agree that the laws and statutes of Australia shall apply to any dealings, actions or claims arising out of, or in relation to, this agreement, or your use of this website, irrespective of any conflict with any laws and statutes applicable to your country of domicile.
You further acknowledge and agree that the filing of a claim against us (if any) must be made in the State of Australia in which our principal business premises in Australia is domiciled, and that any legal proceedings will be conducted in English.
We make no representation that Goods or Services offered through this website are appropriate, available or suitable for use in countries outside of Australia, and accessing any material or content from, or through, this website which is illegal in your country of domicile is strictly prohibited.
) Copyright EC Credit Control 1999 - 2018
1.1 JPT means John Papas Trailers (Australia) Pty Ltd ATF The JP Unit Trust T/A John Papas Trailers, its successors and assigns or any person acting on behalf of and with the authority of John Papas Trailers (Australia) Pty Ltd ATF The JP Unit Trust T/A John Papas Trailers.
1.2 Customer means the person/s or any person acting on behalf of and with the authority of the Customer requesting JPT to provide the Services as specified in any proposal, quotation, order, invoice or other documentation, and:
(a) if there is more than one Customer, is a reference to each Customer jointly and severally; and
(b) if the Customer is a part of a Trust, shall be bound in their capacity as a trustee; and
(c) includes the Customers executors, administrators, successors and permitted assigns.
1.3 Goods means all Goods (including but not limited to, trailers, parts and/or any accessories supplied in conjunction with any repair services) or Services (including consultation, manufacturing and/or repair services) supplied by JPT to the Customer at the Customers request from time to time (where the context so permits the terms Goods or Services shall be interchangeable for the other).
1.4 Price means the Price payable (plus any GST where applicable) for the Goods as agreed between JPT and the Customer in accordance with clause 5 below.
1.5 GST means Goods and Services Tax (GST) as defined within the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
2.1 The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order for or accepts delivery of the Goods.
2.2 These terms and conditions may only be amended with the consent of both parties in writing, and shall prevail to the extent of any inconsistency with any other document or contract between the Customer and JPT.
2.3 Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 10 of the Electronic Transactions Act 2011 or any other applicable provisions of that Act or any Regulations referred to in that Act.
3. Errors and Omissions
3.1 The Customer acknowledges and accepts that JPT shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s):
(a) resulting from an inadvertent mistake made by JPT in the formation and/or administration of this contract; and/or
(b) contained in/omitted from any literature (hard copy and/or electronic) supplied by JPT in respect of the Services.
3.2 In the event such an error and/or omission occurs in accordance with clause 3.1, and is not attributable to the negligence and/or wilful misconduct of JPT; the Customer shall not be entitled to treat this contract as repudiated nor render it invalid.
4. Change in Control
4.1 The Customer shall give JPT not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer and/or any other change in the Customers details (including but not limited to, changes in the Customers name, address, contact phone or fax number/s, change in trustees, or business practice). The Customer shall be liable for any loss incurred by JPT as a result of the Customers failure to comply with this clause.
5. Price and Payment
5.1 At JPTs sole discretion, the Price shall be either:
(a) as indicated on any invoice provided by JPT to the Customer; or
(b) the Price as at the date of delivery of the Goods according to JPTs current price list; or
(c) JPTs quoted price (subject to clause 6.1) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.
5.2 At JPTs sole discretion, a non-refundable deposit may be required.
5.3 Time for payment for the Goods being of the essence, the Price will be payable by the Customer on the date/s determined by JPT, which may be:
(a) on delivery of the Goods;
(b) thirty (30) days following the end of the month in which a statement is delivered to the Customers address or address for notices;
(c) the date specified on any invoice or other form as being the date for payment; or
(d) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Customer by JPT.
5.4 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Customer and JPT.
5.5 The Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Customer by JPT nor to withhold payment of any invoice because part of that invoice is in dispute.
5.6 Unless otherwise stated the Price does not include GST. In addition to the Price the Customer must pay to JPT an amount equal to any GST JPT must pay for any supply by JPT under this or any other contract for the sale of the Goods. The Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Customer pays the Price. In addition, the Customer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
6. Additional Charges
6.1 JPT reserves the right to change the Price:
(a) If a variation to the Goods which is to be supplied is requested; or
(b) if a variation to the Services which are to be provided (including any plans or specifications) is requested; or
(c) where additional Services are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, further faults which are found upon disassembly and/or further inspection) which are only discovered upon commencement of the Services; or
(d) in the event of increases to JPT in the cost of labour or materials which are beyond JPTs control.
6.2 Variations will be charged for on the basis of JPTs quotation, and will be detailed in writing, and shown as variations on JPTs invoice. The Customer shall be required to respond to any variation submitted by JPT within ten (10) working days. Failure to do so will entitle JPT to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion.
6.3 Where JPT is requested to store the Customers trailer, or where the Goods or trailer is not collected within twenty-four (24) hours of advice to the Customer that they are ready for collection, then JPT (at its sole discretion) may charge a reasonable fee for storage.
6.4 If JPT has been requested by the Customer to diagnose a fault that requires investigation, disassembly and/or testing, all costs involved will be charged to the Customer irrespective of whether or not the repair goes ahead.
6.5 The Customer acknowledges and agrees that:
(a) where JPT has performed temporary repairs that:
(i) JPT offers no guarantee against the reoccurrence of the initial fault, or any further damage caused; and
(ii) JPT will immediately advise the Customer of the fault and shall provide the Customer with an estimate for the full repair required.
(b) JPTs shall be entitled to:
(i) retain any components replaced during the provision of the Services; and
(ii) the right to retain all proceeds obtained from the sale of such components to any auto recycler or salvage yard.
7. Delivery of Goods
7.1 Delivery (Delivery) of the Goods is taken to occur at the time that:
(a) the Customer or the Customers nominated carrier takes possession of the Goods at JPTs address; or
(b) JPT (or JPTs nominated carrier) delivers the Goods to the Customers nominated address even if the Customer is not present at the address.
7.2 At JPTs sole discretion, the cost of delivery is in addition to the Price.
7.3 Any time specified by JPT for delivery of the Goods is an estimate only and JPT will not be liable for any loss or damage incurred by the Customer as a result of delivery being late. However both parties agree that they shall make every endeavour to enable the Goods to be delivered at the time and place as was arranged between both parties. In the event that JPT is unable to supply the Goods as agreed solely due to any action or inaction of the Customer, then JPT shall be entitled to charge a reasonable fee for redelivery and/or storage.
8.1 Risk of damage to or loss of the Goods passes to the Customer on Delivery and the Customer must insure the Goods on or before Delivery.
8.2 If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Customer, JPT is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by JPT is sufficient evidence of JPTs rights to receive the insurance proceeds without the need for any person dealing with JPT to make further enquiries.
8.3 If the Customer requests JPT to leave Goods outside JPTs premises for collection or to deliver the Goods to an unattended location, then such Goods shall be left at the Customers sole risk.
8.4 The Customer acknowledges that JPT is only responsible for parts/Goods that are repaired/supplied by JPT and that in the event that other components subsequently fail, the Customer agrees to indemnify JPT against any loss or damage to the trailer, parts, or caused by the components, or any part thereof howsoever arising.
8.5 Where the Customer has supplied materials for JPT to complete the Services, the Customer acknowledges that they accept responsibility for the suitability of purpose, quality and any faults inherent in the materials. JPT shall not be responsible for any defects in the Services, any loss or damage to the Goods and/or trailer (or any part thereof), howsoever arising from the use of materials supplied by the Customer.
8.6 JPT shall not be liable for the loss of or damage to the trailer or accessories while being serviced/repaired with the authorised Services unless caused by the negligence of JPT or JPTs employees.
8.7 It is the Customers responsibility to ensure that the trailer is insured against all possible damage (including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks) whilst stored at JPTs premises. The trailer is at all times stored and repaired at the Customers sole risk.
9. Dimensions, Plans and Specifications
9.1 The Customer acknowledges that:
(a) all descriptive specifications, illustrations, drawings, data, dimensions, ratings and weights stated in JPTs or the manufacturers fact sheets, price lists or advertising material, are approximate only and are given by way of identification only. The Customer shall not be entitled to rely on such information, and any use of such does not constitute a sale by description, and does not form part of the contract, unless expressly stated as such in writing by JPT;
(b) while JPT may have provided information or figures to the Customer regarding the performance of the Goods, the Customer acknowledges that JPT has given these in good faith, and are estimates based industry prescribed estimates under optimal operating conditions.
9.2 All customary industry tolerances shall apply to the dimensions and measurements of the Goods, unless JPT and the Customer agree otherwise in writing.
9.3 The Customer shall be responsible for ensuring that the Goods ordered are suitable for their intended use.
10.1 JPT and the Customer agree that ownership of the Goods shall not pass until:
(a) the Customer has paid JPT all amounts owing to JPT; and
(b) the Customer has met all of its other obligations to JPT.
10.2 Receipt by JPT of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
10.3 It is further agreed that, until ownership of the Goods passes to the Customer in accordance with clause 10.1:
(a) the Customer is only a bailee of the Goods and must return the Goods to JPT on request.
(b) the Customer holds the benefit of the Customers insurance of the Goods on trust for JPT and must pay to JPT the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed.
(c) the Customer must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Customer sells, disposes or parts with possession of the Goods then the Customer must hold the proceeds of any such act on trust for JPT and must pay or deliver the proceeds to JPT on demand.
(d) the Customer should not convert or process the Goods or intermix them with other goods but if the Customer does so then the Customer holds the resulting product on trust for the benefit of JPT and must sell, dispose of or return the resulting product to JPT as it so directs.
(e) the Customer irrevocably authorises JPT to enter any premises where JPT believes the Goods are kept and recover possession of the Goods.
(f) JPT may recover possession of any Goods in transit whether or not delivery has occurred.
(g) the Customer shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of JPT.
(h) JPT may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Customer.
11. Personal Property Securities Act 2009 (PPSA)
11.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.
11.2 Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Goods and/or collateral (account) being a monetary obligation of the Customer to JPT for Services that have previously been supplied and that will be supplied in the future by JPT to the Customer.
11.3 The Customer undertakes to:
(a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which JPT may reasonably require to;
(i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
(ii) register any other document required to be registered by the PPSA; or
(iii) correct a defect in a statement referred to in clause 11.3(a)(i) or 11.3(a)(ii);
(b) indemnify, and upon demand reimburse, JPT for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Goods charged thereby;
(c) not register a financing change statement in respect of a security interest without the prior written consent of JPT;
(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods and/or collateral (account) in favour of a third party without the prior written consent of JPT;
(e) immediately advise JPT of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.
11.4 JPT and the Customer agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
11.5 The Customer waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
11.6 The Customer waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
11.7 Unless otherwise agreed to in writing by JPT, the Customer waives their right to receive a verification statement in accordance with section 157 of the PPSA.
11.8 The Customer must unconditionally ratify any actions taken by JPT under clauses 11.3 to 11.5.
11.9 Subject to any express provisions to the contrary (including those contained in this clause 11) nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.
12. Security and Charge
12.1 In consideration of JPT agreeing to supply the Goods, the Customer charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Customer either now or in the future, to secure the performance by the Customer of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
12.2 The Customer indemnifies JPT from and against all JPTs costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising JPTs rights under this clause.
12.3 The Customer irrevocably appoints JPT and each director of JPT as the Customers true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 12 including, but not limited to, signing any document on the Customers behalf.
13. Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)
13.1 The Customer must inspect the Goods on delivery and must within seven (7) days of delivery notify JPT in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Customer must notify any other alleged defect in the Goods as soon as reasonably possible after any such defect becomes evident. Upon such notification the Customer must allow JPT to inspect the Goods.
13.2 Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).
13.3 JPT acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
13.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, JPT makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods. JPTs liability in respect of these warranties is limited to the fullest extent permitted by law.
13.5 If the Customer is a consumer within the meaning of the CCA, JPTs liability is limited to the extent permitted by section 64A of Schedule 2.
13.6 If JPT is required to replace the Goods under this clause or the CCA, but is unable to do so, JPT may refund any money the Customer has paid for the Goods.
13.7 If the Customer is not a consumer within the meaning of the CCA, JPTs liability for any defect or damage in the Goods is:
(a) limited to the value of any express warranty or warranty card provided to the Customer by JPT at JPTs sole discretion;
(b) limited to any warranty to which JPT is entitled, if JPT did not manufacture the Goods;
(c) otherwise negated absolutely.
13.8 Subject to this clause 13, returns will only be accepted provided that:
(a) the Customer has complied with the provisions of clause 13.1; and
(b) JPT has agreed that the Goods are defective; and
(c) the Goods are returned within a reasonable time at the Customers cost (if that cost is not significant); and
(d) the Goods are returned in as close a condition to that in which they were delivered as is possible.
13.9 Notwithstanding clauses 13.1 to 13.8 but subject to the CCA, JPT shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
(a) the Customer failing to properly maintain or store any Goods;
(b) the Customer using the Goods for any purpose other than that for which they were designed;
(c) the Customer continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
(d) the Customer failing to follow any instructions or guidelines provided by JPT;
(e) fair wear and tear, any accident, or act of God.
13.10 Subject to clause 13.1, customised, or non-stocklist items or Incidental Items made or ordered to the Customers specifications are not acceptable for credit or return.
14. Intellectual Property
14.1 Where JPT has designed, drawn or developed Goods for the Customer, then the copyright in any designs and drawings and documents shall remain the property of JPT. Under no circumstances may such designs, drawings and documents be used without the express written approval of JPT.
14.2 The Customer warrants that all designs, specifications or instructions given to JPT will not cause JPT to infringe any patent, registered design or trademark in the execution of the Customers order and the Customer agrees to indemnify JPT against any action taken by a third party against JPT in respect of any such infringement.
14.3 The Customer agrees that JPT may (at no cost) use for the purposes of marketing or entry into any competition, any documents, designs, drawings or Goods which JPT has created for the Customer.
15. Default and Consequences of Default
15.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at JPTs sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
15.2 If the Customer owes JPT any money the Customer shall indemnify JPT from and against all costs and disbursements incurred by JPT in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, JPTs contract default fee, and bank dishonour fees).
15.3 Further to any other rights or remedies JPT may have under this contract, if a Customer has made payment to JPT, and the transaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by JPT under this clause 15 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Customers obligations under this contract.
15.4 Without prejudice to JPTs other remedies at law JPT shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to JPT shall, whether or not due for payment, become immediately payable if:
(a) any money payable to JPT becomes overdue, or in JPTs opinion the Customer will be unable to make a payment when it falls due;
(b) the Customer has exceeded any applicable credit limit provided by JPT;
(c) 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
(d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
16.1 Without prejudice to any other remedies JPT may have, if at any time the Customer is in breach of any obligation (including those relating to payment) under these terms and conditions JPT may suspend or terminate the supply of Goods to the Customer. JPT will not be liable to the Customer for any loss or damage the Customer suffers because JPT has exercised its rights under this clause.
16.2 JPT may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Customer. On giving such notice JPT shall repay to the Customer any money paid by the Customer for the Goods. JPT shall not be liable for any loss or damage whatsoever arising from such cancellation.
16.3 In the event that the Customer cancels delivery of Goods the Customer shall be liable for any and all loss incurred (whether direct or indirect) by JPT as a direct result of the cancellation (including, but not limited to, any loss of profits).
16.4 Cancellation of orders for Goods made to the Customers specifications, or for non-stocklist items, will definitely not be accepted once production has commenced, or an order has been placed.
17. Privacy Act 1988
17.1 The Customer agrees for JPT to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g. name, address, D.O.B, occupation, previous credit applications, credit history) about the Customer in relation to credit provided by JPT.
17.2 The Customer agrees that JPT may exchange information about the Customer with those credit providers and with related body corporates for the following purposes:
(a) to assess an application by the Customer; and/or
(b) to notify other credit providers of a default by the Customer; and/or
(c) to exchange information with other credit providers as to the status of this credit account, where the Customer is in default with other credit providers; and/or
(d) to assess the creditworthiness of the Customer including the Customers repayment history in the preceding two (2) years.
17.3 The Customer consents to JPT being given a consumer credit report to collect overdue payment on commercial credit.
17.4 The Customer agrees that personal credit information provided may be used and retained by JPT for the following purposes (and for other agreed purposes or required by):
(a) the provision of Goods; and/or
(b) analysing, verifying and/or checking the Customers credit, payment and/or status in relation to the provision of Goods; and/or
(c) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Customer; and/or
(d) enabling the collection of amounts outstanding in relation to the Goods.
17.5 JPT may give information about the Customer to a CRB for the following purposes:
(a) to obtain a consumer credit report;
(b) allow the CRB to create or maintain a credit information file about the Customer including credit history.
17.6 The information given to the CRB may include:
(a) personal information as outlined in 17.1 above;
(b) name of the credit provider and that JPT is a current credit provider to the Customer;
(c) whether the credit provider is a licensee;
(d) type of consumer credit;
(e) details concerning the Customers application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested);
(f) advice of consumer credit defaults, overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty (60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that the Customer no longer has any overdue accounts and JPT has been paid or otherwise discharged and all details surrounding that discharge (e.g. dates of payments);
(g) information that, in the opinion of JPT, the Customer has committed a serious credit infringement;
(h) advice that the amount of the Customers overdue payment is equal to or more than one hundred and fifty dollars ($150).
17.7 The Customer shall have the right to request (by e-mail) from JPT:
(a) a copy of the information about the Customer retained by JPT and the right to request that JPT correct any incorrect information; and
(b) that JPT does not disclose any personal information about the Customer for the purpose of direct marketing.
17.8 JPT will destroy personal information upon the Customers request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this contract or is required to be maintained and/or stored in accordance with the law.
17.9 The Customer can make a privacy complaint by contacting JPT via e-mail. JPT will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In the event that the Customer is not satisfied with the resolution provided, the Customer can make a complaint to the Information Commissioner at www.oaic.gov.au.
18. Unpaid Sellers Rights
18.1 Where the Customer has left any item with JPT for repair, modification, exchange or for JPT to perform any other service in relation to the item and JPT has not received or been tendered the whole of any monies owing to it by the Customer, JPT shall have, until all monies owing to JPT are paid:
(a) a lien on the item; and
(b) the right to retain or sell the item, such sale to be undertaken in accordance with any legislation applicable to the sale or disposal of uncollected goods.
18.2 The lien of JPT shall continue despite the commencement of proceedings, or judgment for any monies owing to JPT having been obtained against the Customer.
19. Service of Notices
19.1 Any written notice given under this contract shall be deemed to have been given and received:
(a) by handing the notice to the other party, in person;
(b) by leaving it at the address of the other party as stated in this contract;
(c) by sending it by registered post to the address of the other party as stated in this contract;
(d) if sent by facsimile transmission to the fax number of the other party as stated in this contract (if any), on receipt of confirmation of the transmission;
(e) if sent by email to the other partys last known email address.
19.2 Any notice that is posted shall be deemed to have been served, unless the contrary is shown, at the time when by the ordinary course of post, the notice would have been delivered.
20.1 If the Customer at any time upon or subsequent to entering in to the contract is acting in the capacity of trustee of any trust (Trust) then whether or not JPT may have notice of the Trust, the Customer covenants with JPT as follows:
(a) the contract extends to all rights of indemnity which the Customer now or subsequently may have against the Trust and the trust fund;
(b) the Customer has full and complete power and authority under the Trust to enter into the contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Customer against the Trust or the trust fund. The Customer will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity.
(c) the Customer will not without consent in writing of JPT (JPT will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events;
(i) the removal, replacement or retirement of the Customer as trustee of the Trust;
(ii) any alteration to or variation of the terms of the Trust;
(iii) any advancement or distribution of capital of the Trust; or
(iv) any resettlement of the trust property.
21.1 The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that partys right to subsequently enforce that provision. 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.
21.2 These terms and conditions and any contract to which they apply shall be governed by the laws of the state in which JPT has its principal place of business, and are subject to the jurisdiction of the courts in that state.
21.3 Subject to clause 13, JPT shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by JPT of these terms and conditions (alternatively JPTs liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods).
21.4 JPT may licence and/or assign all or any part of its rights and/or obligations under this contract without the Customers consent.
21.5 The Customer cannot licence or assign without the written approval of JPT.
21.6 JPT may elect to subcontract out any part of the Services but shall not be relieved from any liability or obligation under this contract by so doing. Furthermore, the Customer agrees and understands that they have no authority to give any instruction to any of JPTs sub-contractors without the authority of JPT.
21.7 The Customer agrees that JPT may amend these terms and conditions by notifying the Customer in writing. These changes shall be deemed to take effect from the date on which the Customer accepts such changes, or otherwise at such time as the Customer makes a further request for JPT to provide Goods to the Customer.
21.8 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
21.9 Both parties warrant that they have the power to enter into this contract and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this contract creates binding and valid legal obligations on them.
John Papas Trailers (Australia) Pty Ltd T/A John Papas Trailers Terms & Conditions of Trade
#36871 ) Copyright EC Credit Control 1999 - 2018