Retail Trading Terms
CARAVAN AND CAMPING AUS PTY LTD (ACN 660 478 428)
Retail
Standard Terms and Conditions of Trade
1. APPLICATION
1.1. The following terms apply to all Orders by a Customer unless the Customer has an approved Credit Application, in which case the terms and conditions included in the Credit Application will apply.
1.2. Each Order is a separate agreement between the Customer and the Company.
1.3. The Customer:
1.3.1. warrants that any person that places an Order on its behalf is authorised to do so and will also do so as agent for each of the Customer and its related entities that use or access the Goods; and
1.3.2. must procure that its personnel comply with these terms and takes responsibility for the acts and omissions of its personnel.
2. DEFINITIONS
In these terms and conditions unless the context requires otherwise:
2.1. ACL means the Australian Consumer Law.
2.2. Act of Default occurs if a party:
2.2.1. commits a material breach of these Terms;
2.2.2. is unable to pay its debts as and when they fall due;
2.2.3. commits an act of bankruptcy, enters into any composition or arrangement with its creditors or does anything which would make it liable to be put into liquidation;
2.2.4. has a receiver, other form of insolvency administrator or statutory or official manager appointed over any of its assets.
2.3. Credit Application means an application for credit made by the Customer to the Company which has been approved by the Company, and includes the terms and conditions included in such application.
2.4. Company means Caravan and Camping Aus Pty Ltd (ACN 660 478 428).
2.5. Confidential information means all information and materials relating to the Goods, or the Customer’s business or the Company whether or not in material form, which is not at the date of these Terms or thereafter lawfully in the public domain and includes, without limitation:
2.5.1. business information, whether past, current or relating to future activities;
2.5.2. present or prospective client and supplier information lists, including any personal information contained therein;
2.5.3. terms of any contract, agreement or business arrangement with third parties or third party information disclosed in confidence;
2.5.4. all data, documentation, computer facilities (including software or technology embedded in the software), passwords, trade secrets (including information relating to financial position, technical matters, internal management, policies or strategies);
2.5.5. licences, know-how, techniques, work methods, Intellectual Property and any related information; and
2.5.6. all information and materials created by the parties or any employees, contractors, agents or advisers of the parties.
2.6. Customer means the customer who places an Order.
2.7. Goods means goods which the Customer has agreed to purchase from the Company, details of which are contained in an Order.
2.8. Order means any request for the provision of Goods that has been accepted by the Company, as evidenced by a tax invoice describing the Goods.
2.9. Price means the price payable in respect of the Goods as specified in the Order.
2.10. Specifications means any official specifications or descriptions provided by us with the Goods (but to avoid doubt does not include marketing or promotional material in relation to Goods).
2.11. Taxes means taxes, levies, imposts, duties, excise, and charges, deductions or withholdings, however described, imposed by Law or government authority or agency other than Australian GST or any tax imposed on, or calculated having regard to, net income.
2.12. Terms means these terms and conditions
2.13. Refunds and Returns Guide is available here: Privacy policy
2.14. Website means www.caravancampingaus.com
3. QUOTES
3.1. If the Company provides a quote, unless the quote states otherwise, it will be valid for 7 days from the date of issue and may be adjusted by the Company prior to the Customer placing an Order.
3.2. A quoted Price is exclusive of all Taxes unless otherwise specified and quoted times for delivery are an estimate only.
4. ORDERS
4.1. The Customer must provide sufficient information with an Order (including any special requirements) to enable the Company to supply the Goods.
4.2. The Company may refuse to accept an Order (or part of it) on reasonable grounds.
4.3. If an Order includes any special conditions agreed by the Company, they will, unless stated otherwise take precedence over these terms.
4.4. The Customer may not cancel any Order that is a special order for the Customer.
4.5. In all other cases, if the Customer cancels an Order prior to delivery, the Company will refund any Price paid, less any cancellation fees notified to the Customer and costs incurred by the Company due to the cancellation.
4.6. The Company may cancel an Order at any time prior to delivery by notice to the Customer where the requested Goods are not available, there is an error in the Price or description of the Goods, or the Order has been placed in breach of these terms. Where the Company cancels an Order the Company will give the Customer a refund of any Price paid for that Order.
4.7. By placing an order for any goods (such as knives) which are subject to restrictions in particular jurisdictions (Restricted Goods) the Customer warrants that it is:
4.7.1. 18 years of age or older; and
4.7.2. not obtaining the Restricted Goods on behalf of a person that is not eligible to purchase the Restricted Goods themselves.
The Company may refuse or cancel an order if the Company has reasonable grounds to believe the Customer has not complied with this clause.
5. PRICE
5.1. The Company may change any advertised price for Goods at any time without notice. A Price will not change once an Order has been accepted by the Company.
5.2. Unless otherwise agreed, the Customer must pay the Price cash on delivery ('COD') on placement of the Order.
5.3. When you place an order on the Website, we may make available third-party payment facilities, including facilities that allow you to defer payments. Your use such platforms will be governed by the terms and conditions in force from time to time of those facilities that exist between you and the third party provider.
5.4. Unless specified otherwise in the Order, delivery and freight charges are not included in the Price and are payable by the Customer at the same time as the Price is due to be paid.
5.5. If the Customer fails to make payment of any amount of the Price on the due date, the Company may:
5.5.1. impose interest on the full amount outstanding at the rate equal to 5% per month as at the date on which the relevant payment is due to be paid, calculated monthly for the period from the due date until payment is received.
5.5.2. refuse to supply Goods;
5.5.3. require the Customer to pay for further goods in full prior to delivery.
5.6. The Customer may not set off against the Price any amounts due from the Company.
5.7. Time is of the essence in respect of the Customer’s obligation to pay the Price.
5.8. If the Company incurs costs of collection of any amount the Customer has failed to pay by the due date the Customer agrees to indemnify the Company against such costs.
6. GST
6.1. Unless expressly included, the consideration for any supply made under or in connection with the Contract is exclusive of GST.
6.2. To the extent that any supply made under or in connection with an Order is a taxable supply, the consideration for that taxable supply is increased by an amount equal to that consideration multiplied by the rate at which GST is imposed in respect of the taxable supply.
6.3. Each party agrees to do all things, including providing tax invoices and other documentation, that may be necessary or desirable to enable or assist the other party to claim any input tax credit, adjustment or refund in relation to any amount of GST paid or payable pursuant to any supply made under or in connection with the Contract.
6.4. Words used in this clause 6 which have a defined meaning in the A New Tax System (Goods and Services Tax) Act 1999 and associated acts and legislative instruments (collectively, GST Law) have the same meaning as in the GST Law, unless the context otherwise requires.
7. DELIVERY AND RISK
7.1. The Company will endeavour to meet the delivery milestones specified in an Order, however the Customer acknowledges that the Company will not be responsible for delays in delivering Goods to the extent it is not directly and solely responsible.
7.2. The Customer agrees to comply with any delivery requirements notified by the Company.
7.3. Delivery of the Goods occurs when the Customer (or its nominated carrier) collects them from the Company’s premises or when they are delivered to the Customer at the address specified on the Order. Risk in the Supplies pass to the Customer on delivery.
7.4. The Customer accepts all risk involved in the use and/or possession of the Goods.
7.5. Ownership of and title to the Goods remains with the Company until the Customer has paid the Price in full and any other money that the Customer may owe to the Company at any time on any account.
8. INTELLECTUAL PROPERTY
8.1. The Customer acknowledges that no rights to any intellectual property in the Goods (including, without limitation, patent, trademark, design, copyright or plant breeder's rights) are transferred to the Customer.
8.2. The Customer must notify the Company immediately if the Customer's use of the Goods results in an actual or alleged infringement of a third party's intellectual property rights.
8.3. The Customer is solely responsible for any infringement of the intellectual property rights of any third party resulting from the Customer's use of the Goods and the Customer must indemnify the Company for any costs, expenses, damages or liability incurred by the Company from any such infringement.
8.4. The Customer must not use or alter any of the Company's trademarks, business names, or other copyright material without the Company's consent.
8.5. Each party retains its rights to any pre-existing intellectual property.
8.6. If the Customer communicates with the Company, the Customer grants to the Company an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of such correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on the Website and developing any of the Customer’s ideas and suggestions for improved goods or services the Company provides.
9. CONFIDENTIALITY
9.1. All parties must not, and must not allow its personnel, employees, contractors, or agents, to:
9.1.1. disclose any Confidential Information obtained from the other party in the course of providing the Goods, whether or not such Confidential Information was obtained before or after entering into these Terms, unless such information is public knowledge, required to be disclosed by law, or with the prior consent of the disclosing party; or
9.1.2. use any Confidential Information to contact or obtain business from or supply business to any third-party supplier, manufacturer, or customer whose information was obtained in the course of the Company providing Goods to the Customer.
9.2. This clause 9 expressly survives termination of the Contract.
9.3. The Company will hold the Customer's Confidential Information and must not use the Confidential Information other than for the completion of the Goods and/or Services.
10. WARRANTIES
10.1. The Company will provide the Customer with the benefit of any manufacturer’s warranty the Company receives for the Goods as described in the Refunds and Returns Guide.
10.2. If the Customer is a consumer under the ACL, the Goods come with guarantees that cannot be excluded under the ACL and the Customer is entitled to:
10.2.1. The Customer’s choice of a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage; or
10.2.2. The Company’s choice of having the Goods refixed, repaired, replaced or refunded if failure does not amount to a major failure. The Company will do this within a reasonable time.
10.3. To the extent permitted by law, the Company excludes all other guarantees, warranties, undertakings and representations expressed or implied, whether arising by statute or otherwise, which are not given in these terms or any warranty document given at the time of supply.
11. LIABILITY
11.1. Where the ACL applies and the Goods are not of a kind ordinarily acquired for personal, domestic or household use or consumption, the Company’s liability under the ACL is limited, at the Company’s option (and provided it is fair and reasonable to do so), to one or more of the following:
11.1.1. the replacement of the goods or the supply of equivalent goods;
11.1.2. the repair of the Goods;
11.1.3. the payment of the cost of replacing the Goods or of acquiring equivalent goods;
11.1.4. the payment of the cost of having the Goods repaired.
11.2. Other than as specifically accepted by the Company above, the Company is not liable for any other losses or damages the Customer may suffer that cannot be excluded under the ACL, including any:
11.2.1. loss caused by the Customer or to the extent it results from the Customer’s failure to take reasonable steps to avoid or minimise that loss;
11.2.2. loss caused by events falling outside the Company’s reasonable control; and
11.2.3. indirect or consequential losses (including loss of revenue, profits, enjoyment or loss of business), or losses the Customer might suffer as a result of unauthorised access to information the Company holds.
12. TERMINATION
12.1. If the Customer commits an Act of Default which is not remedied within 5 days of the Company giving written notice to do so, the Company may terminate these Terms or an Order or suspend supply until you remedy the Act of Default.
12.2. If the Company terminates these Terms or an Order, all amounts payable by the Customer to the Company will immediately become due and payable notwithstanding that the due date has not yet arisen.
12.3. If the Company commits an Act of Default which is not remedied within 5 days of the Customer giving written notice to do so, the Customer may terminate these Terms or an Order and obtain a refund of any amount of the Price already paid for Goods not delivered, less any other amounts due and payable to the Company.
13. VARIATIONS
The Company may amend these Terms at any time by posting such amendments on the Website. In relation to an Order, you will be bound only to the version of the terms in force at the time of that Order.
14. FORCE MAJEURE
Neither party will be liable for any delay or failure in the performance of any obligation or the exercise of any right under these terms (other than an obligation to pay money due) or for any loss or damage if such performance or exercise is prevented or hindered in whole or in part by reason of an event beyond that party’s reasonable control.
15. PRIVACY
The Company’s commitment to privacy is set out in the Company’s privacy policy, is available here: Privacy policy
16. ENTIRE AGREEMENT
16.1. These Terms, together with each Order embody the entire agreement of the parties. These Terms supersede and prevail to the extent there is an inconsistency with any previous verbal and written communications, representations and prior agreements between the Customer and the Company.
16.2. Purchase order or similar terms issued by the Company in respect of an Order are specifically not accepted by the Company and do not apply to any part of an Order.
17. GOVERNING LAW AND JURISDICTION
These Terms are is governed by the laws of the State of Victoria. The parties submit to the non-exclusive jurisdiction of the Courts of the State of Victoria and any courts which may hear appeals from those courts in respect of any proceedings in connection with an Order.
18. SEVERABILITY
If any of these Terms are invalid or unenforceable in any jurisdiction, that term must be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable, and is otherwise capable of being severed to the extent of the invalidity or unenforceability, without affecting the remaining Terms or affecting the validity or enforceability of that term in any other jurisdiction.
19. NOTICES
Any notices delivered in accordance with these Terms are to be addressed to the registered office of each party, the address nominated in an Order, or such other address as notified by the parties in writing from time to time.
20. WAIVER
The non-exercise of or delay in exercising any power of right of a power does not operate as a waiver of that power or right, nor does any single exercise of a power or right preclude any further exercise of it or the exercise of any other power or right. A power or right may only be waived in writing, signed by the party to be bound by the waiver.
