1.          DEFINITIONS

In these Terms:

"Contract" means the contract entered into for the sale of the Caravan by Trakmaster to the Customer;

"Customer" means a person, firm or corporation, jointly and severally if there is more than one, buying the Caravan from Trakmaster;

"Caravan" means the caravan unit supplied by Trakmaster to the Customer as described in the Caravan Quote;

"Trakmaster" means Trakmaster Pty Ltd (ACN 070 786 097);

"Caravan Quote" means the quote attached to these Terms for the order of the Caravan; and

"Terms" means these Terms and Conditions of Sale.

2.          BASIS OF AGREEMENT AND ORDERS

2.1            Unless otherwise agreed in writing, the Terms apply exclusively to the Contract.

2.2            Any written quotation provided by Trakmaster to the Customer concerning the proposed supply of the Caravan is valid for 30 days, is an invitation to treat only, and is subject to the Customer offering to enter into a Contract and accepting these Terms.

2.3            The Contract is accepted by Trakmaster when Trakmaster signs this Contract or provides the Customer with the Caravan.

3.               PRICING & PAYMENT

3.1            The Customer must pay all taxes and duties imposed on or in relation to the Caravan.

3.2            If there is any change in the costs incurred by Trakmaster in relation to the Caravan, Trakmaster may vary its price to account for such change, by notifying the Customer.

3.3            Unless otherwise agreed, payment for the Caravan must be made as follows:

(a)    5% holding deposit upon execution of the Terms;

(b)    15% progress payment at the time specified in the Caravan Quote;

(c)    25% progress payment at the time specified in the Caravan Quote; and

(d)   the balance:

         (i)     by bank cheque or cash upon delivery of the Caravan; or

         (ii)    by electronic funds transfer at least 2 clear working days prior to delivery of the Caravan.

4.               PAYMENT DEFAULT

4.1            If the Customer defaults in payment by the due date of any amount payable to Trakmaster, then all money which would become payable by the Customer to Trakmaster at a later date on any account, becomes immediately due and payable without the requirement of any notice to the Customer, and Trakmaster may, without prejudice to any other right or remedy available to it:

(a)    charge the Customer interest on any sum due at the prevailing rate pursuant to the Penalty Interest Rates Act 1983 (Vic) plus 4 per cent for the period from the due date until the date of payment in full;

(b)    charge the Customer for, and the Customer must indemnify Trakmaster from, all costs and expenses (including without limitation all legal costs and expenses) incurred by Trakmaster resulting from the default or in taking action to enforce compliance with the Terms;

(c)    suspend for such period as Trakmaster thinks fit, supply of the Caravan to the Customer;

(d)   by written notice to the Customer, terminate any contract with the Customer so far as unperformed by Trakmaster.

4.2            Clauses 4.1(d) and (e) may also be relied upon by Trakmaster where the Customer is an individual and becomes bankrupt or enters into any scheme of arrangement, or where the Customer is a corporation and enters into any scheme of arrangement or has a liquidator or similar functionary appointed in respect of its assets.

5.               CHANGES TO ORDERS AND SPECIFICATIONS

5.1            If the Customer requests any variation to the Contract, Trakmaster may, in its discretion reject the request for the variation, increase the price to account for the variation, or provide a revised Caravan Quote.

5.2            Trakmaster may refuse to accept any variation to the Contract:

(a)    once the Caravan has entered production; or

(b)    if such change would, in Trakmaster's opinion, result in a safety issue or non-compliance with applicable Australian Standards and/or Design Rules.

5.3            Trakmaster reserves the right to change the Caravan's specifications at any time without notice and without liability, provided that the end performance of the Caravan is not materially prejudiced.

5.4            Customizations may change the weight of the Caravan. Any description of weight provided prior to completion of the Caravan is an estimate only and is not a contractual commitment.

6.          DELIVERY

6.1        Any period or date for delivery of the Caravan stated by Trakmaster is intended as an estimate only and is not a contractual commitment.

6.2        Unless otherwise agreed in writing:

(a)    the Customer is responsible to arrange for the collection and transportation of the Caravan from Trakmaster's premises.

(b)    delivery of the Caravan will be deemed to occur at the commencement of the loading/hitching of the Caravan onto the Customer's transport vehicle at Trakmaster's premises;

(c)    the Customer is responsible for all costs associated with delivery, including freight, insurance and other charges arising from the point of delivery;

(d)   the risk in the Caravan and all insurance responsibility for theft, damage or otherwise passes to the Customer upon delivery.

6.3        The Customer indemnifies Trakmaster against any loss or damage suffered by Trakmaster as a result of delivery, except where caused by Trakmaster's negligence.

6.4        The Customer must arrange for collection of the Caravan within 7 days of notification that it is ready. If the Customer does not collect the Caravan within this timeframe, the Customer will be deemed to have taken delivery of the Caravan from such date. The Customer may be liable for storage charges payable weekly on demand.

7.          LIABILITY

7.1        The Customer assumes all risk and liability for loss, damage or injury to persons or to property of the Customer, or third parties arising out of the use or possession of the Caravan.

7.2        Except as specifically set out herein, or contained in any warranty statement provided with the Caravan, any term, condition or warranty in respect of the quality, merchantability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the Caravan, whether implied by statute, common law, trade usage, custom or otherwise, is expressly excluded.

7.3        The repair of the Caravan is the absolute limit of Trakmaster's liability howsoever arising under or in connection with the sale, use of, storage or any other dealings with the Caravan by the Customer or any third party.

7.4        Trakmaster is not liable for any indirect or consequential losses or expenses suffered by the Customer or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party.

7.5        Trakmaster will not be liable for any loss or damage suffered by the Customer or any third party where Trakmaster has failed to deliver the Caravan, fails meet any delivery date or cancels or suspends the sale of the Caravan.

7.6        Nothing in the Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or supply of services which cannot be excluded, restricted or modified.

8.          ACKNOWLEDGEMENTS

8.1        The Customer acknowledges that:

(a)    it has not relied on any service involving skill and judgment, or on any advice, recommendation, information or assistance provided by Trakmaster in relation to the Caravan, its use or application.

(b)    it has the sole responsibility of satisfying itself that the Caravan is suitable for its use or any contemplated use.

(c)    any description of the Caravan provided in the Caravan Quote or any invoice is given by way of identification only.  The use of such description does not constitute a contract of sale by description.

(d)   the specifications and particulars detailed on the Caravan Quote are an accurate indication of the Customer's requirements for the Caravan.

9.          CANCELLATION

9.1        If, through circumstances beyond Trakmaster's control, Trakmaster is unable to effect delivery of the Caravan, then Trakmaster may suspend or cancel the Customer's order (even if it has already been accepted) by written notice to the Customer.

9.2        The Customer may cancel the Contract and receive a refund of the holding deposit at any time up to 30 days after placing its order.

9.3        Subject to clause 9.2, no purported cancellation or suspension of an order or any part of it by the Customer is binding on Trakmaster after that order has been accepted.

10.        PRE-DELIVERY INSPECTION

10.1      The Customer must inspect the Caravan at the time of delivery for any defects, shortages, damages or non-compliance with the specifications in the Contract. 

10.2      Unless any defects, shortages, damages or non-compliance are notified to Trakmaster at the time of inspection, the Customer will be deemed to have accepted the Caravan.

10.3      Where Trakmaster accepts any claim for defects, shortages, damages or non-compliance, Trakmaster may, at its option, repair the Caravan, replace the Caravan, or refund the price of the Caravan.

11.        MISCELLANEOUS

11.1      The law of Victoria from time to time governs the Terms.

11.2      Trackmaster's failure to enforce any of these Terms shall not be construed as a waiver of any of Trakmaster's rights.

11.3      If any of the Terms are unenforceable it must be read down so as to be enforceable or, if it cannot be so read down, the term must be severed from these Terms without affecting the enforceability of the remaining terms.

11.4      A notice must be in writing and handed personally or sent by facsimile or prepaid mail to the last known address of the addressee. Notices sent by pre-paid post are deemed to be received upon posting. Notices sent by facsimile are deemed to be received upon the sender's facsimile machine confirming such transmission.