TERMS & CONDITIONS
1. Definitions
In these Terms unless the context requires otherwise:
Donway Caravans means PJ’s Concrete pumping ATF The Don Family trust trading as Donway Caravans.
Consumer Guarantees means the consumer guarantees contained in the Australian Consumer Law, which is contained in Schedule 2 of the Competition and Consumer Act 2010.
Contract means a contract arising in accordance with clause 2.
Customer means the Customer described in the Sales Order.
Deposit means the Deposit described in the Sales Order.
Goods means any CARAVAN or any part of the CARAVAN or any other goods supplied to the Customer by Donway Caravans.
Invoice means a tax invoice issued by Donway Caravans to the Customer specifying the Price and any ancillary costs payable by the Customer to Donway Caravans for the Goods.
Price means the price payable in respect of the Goods, as specified in the Sales Order or Invoice or both.
Sales Order means a Sales Order submitted by Donway Caravans to the customer or a Purchase Invoice signed by the customer for the purchase of Goods from Donway Caravans.
Quotation means a quote submitted by Donway Caravans to the Customer specifying the Price.
Terms means these Terms and Conditions of sale.
Warranty means the manufacturer’s warranty.
2. General
The customer agrees and acknowledges that:
2.1. These Terms apply to the sale of Goods from Donway Caravans to the Customer to the exclusion of all other terms and conditions of the Customer.
2.2. Donway Caravans will not supply Goods to the Customer on any other terms or conditions.
2.3. The Customer is deemed to have agreed to these Terms upon signing any contract (including a Sales Order/Invoice) or agreement with Donway Caravans or by taking delivery of the Goods supplied by Donway Caravans.
2.4. Upon the customer receiving a Sales Order from Donway Caravans, a contract arises for the manufacture and supply of Goods described in the Sales Order for the Price and on these Terms.
2.5 In the event that a Contract from any Third-Party Sellers such as Agents, Resellers, or Retailers not Trading under Donway Caravans cannot be consummated for any reason and as a result the Sales Order is accepted by and transferred to Donway Caravans, such a Contract is not bound by any terms & conditions, offers, or warranty originally offered by the Third-Party Seller which is not standard to that of Donway Caravans.
3. Price
3.1. The Customer must pay the Price in the manner and on the due date set out in the Sales Order or on or before the agreed and confirmed delivery date. All funds must be paid in full and cleared before good can be release to the customer by Donway Caravans.
3.2. If the Customer fails to make payment of any amount of the Price on the due date, the Customer may be liable to pay to Donway Caravans interest on the full amount outstanding at the rate equal to 4% per annum higher than the prime lending rate of NAB Banking Corporation as at the date on which the relevant payment is due to be paid, calculated monthly for the period from the due date or agreed delivery date until payment is received.
3.3. The Customer may not set off against the Price any amounts due from Donway Caravans.
4. Deposit
The Sales Order/Invoice includes provision for payment of a Deposit, then
4.1. Donway Caravans is not required to commence work or supply any Goods until the Deposit has been paid in full; and
4.2. The Deposit is immediately released to Donway Caravans, and the Customer is not entitled to refund of the Deposit.
4.3 The Deposit amount is agreed to be a minimum of $5000. Any Deposit amounts over or under the minimum amount is to be agreed upon by both parties in writing.
5. Deliveries and Force Majeure
5.1. Donway Caravans, if possible and available will make the goods ready and available for collection by the Customer as specified in the Sales Order or the Invoice or as agreed upon by the Customer and Donway Caravans. The Buyer must make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. Donway Caravans is not responsible for any damage to the Goods during delivery.
5.2. Unless specified otherwise in the Sales Order or the Invoice, 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.
5.3. Donway Caravans will use all reasonable endeavours to comply with the Customer’s particular delivery requirements. Where changes are made to the Manufacturing processes or specifications of any Goods, however, the Customer may not cancel the whole or part of an order or claim compensation due to Donway Caravans’ failure to comply with its delivery requirements or minor variations to the Goods.
5.4. If for any reason beyond the control of Donway Caravans, including without limitation, strike, trade dispute, fire, flood, accident, tempest, pandemic, death, war declared or undeclared, blockade, governmental or quasi-governmental restraint, unavailability of Goods, loss or destruction of the Goods, delays in transport or an act of God, an order cannot be filled at the time required by the Customer or at all, Donway Caravans is not required to supply the Goods to the extent and for the period that it is so unable to supply the Goods, and Donway Caravans is not liable to the Customer in respect of any inability on its part to perform its obligations.
6. Claims
6.1 The Customer is bound by the Warranty Policy and must promptly notify Donway Caravans of any defects in the Goods, and must not perform or cause to be performed any work or repairs without the express permission of Donway Caravans in the event of a warranty claim or claim under the Consumer Guarantees.
6.2 Donway Caravans is not obligated to honour the Warranty Policy for any Goods manufactured by Donway Caravans, but purchased through a third-party being an Agent, Reseller, or Retailer. The responsibility of honouring the Warranty Policy for the full duration to which it is set belongs to the Seller whom conceived the Sales Order with the customer. In the event that the Third-Party Seller ceases trading, the obligation to honour the warranty policy for customers who are still eligible within the time limits; remains with the original seller.
6.3 Donway Caravans is not obliged to honour or consummate any warranty claims made by customers who have not paid the full owning balance on their purchase of Goods, including but not limited to any outstanding balance owed by the customer arising from: freight of the Goods, extra components supplied or fitted to the Goods, freight of components relating to the Goods as requested by the customer.
6.4 In the event that the Goods purchased and received by the original Customer in the Sales Order, have a transfer of ownership via sale, trade, or any other means, resulting in a new owner of the same Goods, will then deem the Goods as Used. As a result, Donway Caravans is not required to honour any warranty obligations, regardless if the Goods are still within an eligible Time Period (12 months from date of delivery of Goods or other warranty term as agreed between the parties). Warranty is only eligible to Goods under ownership of the Customer as stated in the Sales Order.
6.5 Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled: to cancel your service contract with us; and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
7. Retention of Title
7.1 The Customer acknowledges and agrees that property in and title to any Goods remains with Donway Caravans and does not pass to the Customer until Donway Caravans receives payment in full on any account of all money owing by the Customer to Donway Caravans.
7.2 The Customer agrees that it must promptly sign any further documents and provide any further information, which Donway Caravans may reasonably require to register or deliver the goods.
8. Risk
Risk in the Goods passes to the Customer upon the Goods being dispatched or collected. The Customer accepts all risk involved in the use and possession of the Goods.
9. Limitation of Liability
The Supplier accepts no responsibility and is not liable for any direct or indirect, special or consequential loss or damage or injury to any person, corporation or other entity in connection with a Contract or the Goods, unless that loss or damage or injury resulted from Donway Caravans’ breach of the Consumer Guarantees.
10. Indemnity
The Customer agrees to indemnify Donway Caravans against any liability, loss, claim or expense arising from the Customer’s breach of the Contract or from its use of the Goods including, without limitation, any damages resulting from negligence, mistake, omission or failure of performance, whether or not resulting from any act of Donway Caravans or its agents.
11. Dispute Resolution
11.1. If a dispute arises out of or relating to a Contract (a Dispute), either party may notify the other party of the nature and particulars of the Dispute, and the parties must, within 7 days of the delivery of such notice, commence discussions to attempt to resolve the Dispute in good faith, without the necessity of resorting to any formal proceedings.
11.2. If the Dispute is not resolved within the next 30 days, either party may refer the Dispute to mediation in accordance with, and subject to, the mediation rules of the Australian Commercial Disputes Centre (ACDC). The parties agree that they must bear the costs of mediation under this clause 12 equally.
11.3. If neither party refers the dispute to mediation within 30 days of delivery of the initial notice of the Dispute, either party may commence court proceedings in respect of the Dispute.
12. Intellectual Property
12.1. The Customer acknowledges that no rights to any intellectual property in the Goods (including, without limitation, patent, trademark, design, copyright or manufacturers rights) are transferred to the Customer.
12.2 The Customer must notify Donway Caravans immediately if the Customer’s use of the Goods results in an actual or alleged infringement of a third party’s Intellectual property rights:
12.3 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 Donway Caravans for any costs, expenses, damages or liability incurred by Donway Caravans arising from any such infringement.
13. Subcontracting
Donway Caravans may sub-contract all or any part of its rights and obligations under any Contract without the Customer’s consent.
14. Enforcement Expenses and Costs
The Customer agrees that it must pay to Donway Caravans on demand any expenses, fees and disbursements incurred by Donway Caravans in recovering any amount owing to it by the Customer, including any reasonable debt collection agency fees and legal expenses and any costs incurred by Donway Caravans in respect of any order cancelled by the Customer.
15. Jurisdiction
The Contract between Donway Caravans and the Customer is made in the State of South Australia, and the parties agree to submit all disputes arising between them to the courts of such State.
16. Entire Agreement
16.1 Donway Caravans and the Customer acknowledge that the Contract constitutes the entire agreement between them, and that the only enforceable obligations and liabilities of Donway Caravans and the Customer in relation to the subject matter of the Contract are contained herein and in the Consumer Guarantees.
16.2. All representations, communications and prior agreements are superseded by these Terms.
