Website Terms and Conditions

1. Definitions

• “Seller” refers to Trailers of the World..
• “Buyer” refers to the purchaser of the products.
• “Goods” refers to the products sold under this agreement.
• ‘Order’ refers to any acceptance by the Buyer of a tender, quotation or offer made by Trailers of the World.
• ‘Offer’ means any formal offer made by Trailers of the World to the Buyer including tenders or quotations.

2. Formation of Contracts

• Trailers of the World has outlined in this document our standard terms of business which, together with our Offer, form a Contract of Sale once accepted by the Buyer. In the event of any inconsistency between these terms of business and the Offer from the Seller, the terms of the Offer shall take precedence.
• Unless agreed otherwise in writing, the Seller enters into contracts on the basis that any agreement is governed by its Terms and Conditions of Sale. Any Order placed by the Buyer will be deemed, without exception, to have been placed in accordance with the Terms and Conditions in effect at the time the Order is received by the Seller. Any conflicting terms contained within or attached to the Buyer’s order documentation shall not apply under any circumstances.
• Any reference in these Terms to a statutory provision shall be interpreted as referring to that provision as it may be amended, re-enacted, or extended at the relevant time.

3. Goods Description

• The Goods are ADR-compliant trailers designed for use in Australia. Specifications are provided in the invoice.

4. Placement of Orders

• The Buyer must either confirm an accepted quote electronically or send an email confirming acceptance of the Order. No Order placed by the Buyer shall be considered binding on the Seller unless and until it has been formally accepted by the Seller. Such acceptance may be indicated by any action taken by the Seller to begin fulfilling the Order. Once an Order has been accepted, it cannot be cancelled by the Buyer without the prior agreement of the Seller. In such cases, the Buyer agrees to fully indemnify the Seller for all losses, including loss of profit, costs (such as labour and materials), damages, charges, and expenses resulting from the cancellation.

5. Price, Payment and Default

• The price is as stated in the invoice. All prices are in Australian Dollars and inclusive of GST.
• When the Order consists of in-stock Goods: Unless otherwise specifically agreed in writing or outlined in a separate dealership or agency agreement, 50% of the full purchase amount must be paid to the Seller at the time of Order placement, and the remaining 50% must be paid before Goods will be ready for pick up or delivery.
• When it involves a custom made Order: Unless otherwise specifically agreed in writing or outlined in a separate dealership or agency agreement, the full purchase amount must be paid to the Seller at the time of the Order placement.
• If the Buyer fails to make any payment when due, all outstanding amounts shall become immediately payable within seven (7) days. In such cases, the Seller reserves the right to apply interest at a rate of 18% per annum from the original due date until full payment is received.
• Any costs incurred by the Seller in the process of recovering overdue payments shall be covered by the Buyer.
• The Buyer will be considered in default if:
  • these Terms are breached by the Buyer; and/or
  • payment is not received by the Seller by the agreed due date; and/or
  • the Buyer becomes subject to insolvency or similar proceedings.
• In the event of a default by the Buyer, the Seller may consider the entire contract cancelled and may:
  • pursue legal action for breach of contract; and/or
  • demand the return of any Goods still in the Buyer’s possession where ownership has not yet transferred.

6. Delivery

• Costs of delivery (if applicable) will be stated in the invoice.
• The Seller will use reasonable endeavours to deliver the Goods to the address specified by the Buyer within the agreed timeframe. Timeframes stated are estimates only, the Seller does not guarantee that the Goods will be delivered within the stated timeframes. In no circumstances shall delay amount to, or be deemed to be a breach of the Contract and the Buyer shall not be entitled to treat the Contract as cancelled by reason of any delay in delivery.
• Where Goods are shipped to a location where the Buyer is responsible for installation—and unless otherwise agreed in writing by the Seller or outlined in a separate dealership or agency agreement—all Goods sold to the Buyer are supplied on an Ex-Works basis. This means the Buyer is solely responsible for arranging freight and insurance from the Seller’s premises to their chosen destination. If the Buyer requests the Seller to coordinate freight and insurance on their behalf:
  • The Seller will provide an estimate of the freight and insurance costs prior to dispatch.
  • These costs will be added to the total invoice for the Goods, which must be paid in full before dispatch.
  • Notwithstanding such arrangements, the shipping terms shall remain Ex-Works.
• The Buyer is responsible for adhering to all laws and regulations governing the importation of the Goods in the destination country. This includes payment of any applicable local taxes, import duties, and customs charges for shipments delivered outside of Australia.

7. Title to Goods

• Regardless of when risk in the Goods transfers, ownership of the Goods shall be governed by the following:
  • Both legal and beneficial ownership of the Goods shall remain with the Seller until the Buyer has paid the full purchase price, along with any other amounts owed by the Buyer to the Seller.
  • Risk in the Goods shall transfer to the Buyer upon delivery by the Seller, whether that delivery is made to the Buyer’s nominated location or designated carrier.

8. Buyer’s Representations and Acknowledgement

• In cases where the Goods are shipped to a region where the Buyer is responsible for installation, the Buyer may not refuse delivery or withhold payment of the purchase price if the Goods fail to meet local requirements that were not disclosed in writing to, and accepted by, the Seller before the contract was formed. The Buyer shall fully indemnify the Seller for any losses or damages incurred as a result of non-compliance with such undisclosed or unaccepted local requirements.
• The Buyer acknowledges and agrees that:
  • They have selected the Goods from among the Seller’s available range and are satisfied that the Goods are suitable for their intended use;
  • No oral or written advice, representation, or information provided by the Seller or its representatives—other than what is set out in these Terms and Conditions—constitutes a warranty or alters the scope of these Terms and Conditions in any way;
  • Unless otherwise expressly agreed in writing, the Buyer has not relied on any such representations or advice in making their selection. Furthermore, the Seller makes no claim that its Goods comply with specific national, regional, or local laws, codes, or standards, except where otherwise agreed in writing. Compliance with all applicable local regulations and laws concerning the use of the Goods is the sole responsibility of the Buyer and shall be undertaken at the Buyer’s own expense.

9. Custom orders and designs:

• Custom Orders can be placed only after written Custom Offers are provided by the Seller.
• If the Buyer requests the Seller to manufacture or supply Goods in accordance with specific designs or instructions provided by the Buyer, the Buyer agrees to fully indemnify the Seller against any and all liabilities, damages, penalties, costs, and expenses resulting from any infringement of intellectual property rights – including patents, trademarks, registered designs, copyrights, or common law rights – arising from those designs or instructions. The Buyer also warrants that such designs or instructions will not cause the Seller to breach or infringe upon any third-party intellectual property rights.

10. Warranties and Consumer Guarantees

• The Seller guarantees that, subject to clause 10, the Goods provided by the Seller will be free from manufacturing defects for a period of 24 months from the date of the invoice issued by the Seller. If a defect arises within this period due to manufacturing faults, the Seller will carry out the necessary repairs or, at its sole discretion, replace the Goods at no additional cost to the Buyer, except for delivery expenses.
• To the maximum extent permitted under applicable laws governing the sale and supply of Goods by the Seller to the Buyer, for Goods not manufactured by the Seller, the Seller’s warranty in clause 10 shall be limited to the warranties implied by law and any additional warranty included in the manufacturer’s warranty for those Goods.
• The warranty outlined in clause 10 does not apply under the following circumstances:

• • Loss or damage caused by events outside the Seller’s control, such as acts of God or unrelated causes;
  • Use of accessories or consumables with the Goods that are not approved or recommended by the Seller;
  • Unauthorized modification of any software associated with the Goods;
  • Use of spare parts that are not supplied by the Seller.

• To the fullest extent allowed under laws applicable to the sale and supply of the Goods by the Seller to the Buyer, the Seller’s liability for breach of a condition or warranty implied by such laws, including incidental or consequential losses incurred by the Buyer, shall be limited to one of the following, at the Seller’s discretion:

• • Replacing the Goods;
  • Repairing the Goods;
  • Covering the cost of acquiring equivalent Goods; or
  • Covering the cost of repairing the Goods.

• The Seller shall not be held liable (whether for breach of these Terms and Conditions, negligence, or otherwise) for loss of profits, or any special, consequential, or indirect damages.
• Except for the express conditions and warranties set out herein, all other conditions and warranties (whether relating to quality, fitness for purpose, or any other matter), whether implied by statute, common law, equity, trade custom, usage, or otherwise, are expressly excluded. However, nothing in these Terms and Conditions shall exclude or limit liability for any breach of an implied term or condition that cannot be excluded or limited under the law.
• If Goods returned under warranty are found to have no defects, the Buyer will incur a fee, as determined by the Seller, for inspection or testing.
• Responsibilities regarding delivery, insurance, and customs for warranty-related returns are as follows:

• • The Buyer shall bear the costs of delivery and insurance for returning Goods to the Seller under warranty, as well as any customs or import duties associated with returning such Goods from the Seller to the Buyer after replacement or repair;
  • The Seller will cover any customs or import duties applicable to Goods returned to the Seller under warranty from the Buyer; and
  • Provided the warranty in clause 10 applies, the Seller will bear the costs of delivery and insurance for any repaired or replacement Goods sent from the Seller to the Buyer.

• If Goods are returned under warranty, or if the Buyer has notified the Seller in writing of faulty Goods but has not yet returned them, the Seller may, at its sole discretion and subject to clause 10, provide the Buyer with a replacement item that meets or exceeds the specifications of the original Goods.
• The Seller reserves the right to invoice the Buyer for the full price of a replacement item provided under clause 10 if the original Goods are not returned to the Seller within 30 days of the replacement item’s dispatch.
• Notwithstanding the provisions of this clause 10, nothing in these Terms and Conditions, including any written warranty, shall limit or exclude the Seller’s liability for death or personal injury caused by proven negligence on the part of the Seller under the applicable Consumer Protection Act. Additionally, these Terms and Conditions do not limit either party’s liability for fraudulent misrepresentation.

11. Claims and Delivery Issues

• Claims relating to errors, shortages, or excess supply of Goods will not be accepted if submitted more than seven (7) days after the date of delivery.
• Unless specifically agreed to in writing, the Seller does not accept any conditions involving the payment of liquidated damages or penalties for delays in delivery, provision of information, or for any other reason.

12. Return of Goods

• Goods are not sold on a sale or return basis. The Seller may, at its sole discretion, agree to accept returned Goods subject to the following terms:
  • Goods must be returned in a saleable condition, undamaged, and within seven (7) days of delivery, either to the Seller or an authorised agent;
  • The Buyer must obtain a Return Authorisation Number (RAN) from the Seller prior to returning any Goods;
  • The Buyer must include the original invoice number, RAN, and delivery date when returning the Goods;
• The Buyer is responsible for the cost of freight for returned Goods.
• A restocking fee, determined at the Seller’s sole discretion, may apply.
• Subject to clause 10, returns for credit will only be accepted if previously approved in writing by the Seller.

13. Intellectual Property Rights

• The Buyer acknowledges the Seller’s ownership or licensed rights to any patents, trademarks, designs, or other intellectual property incorporated in the Goods. The Buyer agrees not to undertake any action that may infringe upon these rights.
• Any improvements or developments to the Seller’s intellectual property made by the Buyer in connection with the Goods shall remain the exclusive property of the Seller. The Buyer hereby irrevocably assigns any rights, title, or interest in such enhancements to the Seller.

14. Liability and Indemnity

• The Seller’s liability is limited to the repair, replacement, or refund of the Goods. The Seller is not liable for indirect or consequential losses arising from the use of the Goods.
• The Buyer agrees to indemnify and hold the Seller harmless against any and all costs, losses, and expenses—including legal costs—incurred by the Seller in relation to:
  • The use of Goods in a manner that breaches these Terms or involves misuse by the Buyer;
  • Any infringement of third-party intellectual property rights by the Buyer arising from the use or handling of the Goods.

15. Modifications to Goods

• If the Seller modifies, alters, or adjusts Goods based on written instructions or information provided by the Buyer, the Buyer agrees to fully indemnify the Seller against any loss or damage resulting from reliance on such instructions or information.

16. Protection of Personal Information

• By entering into this Contract and providing personal information (“Information”), the Buyer consents to the processing of that Information by the Seller as follows:
  • The Seller may use the Information to supply the requested Goods and for administrative, marketing, and support purposes, which may include disclosing the Information to employees, agents, or third parties as required.
  • The Seller may maintain a database of the Information for marketing and communication purposes. If the Seller undergoes a reorganisation, merger, or sale, the Information may be transferred as part of its business assets.

17. Dispute Resolution

• Any disputes arising under this agreement will be resolved through negotiation or mediation before pursuing legal action.

18. General Provisions

• No Waiver: Failure by the Seller to enforce any term or condition of this Contract shall not be interpreted as a waiver of that term or any related rights.

19. Governing Law

• This Contract is governed by the laws of New South Wales and the Commonwealth of Australia. The Buyer submits to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.

20. Severance

• If any provision of these Terms is found to be invalid or unenforceable, that provision shall be severed and the remaining Terms shall remain fully enforceable.

21. Entire Agreement

This contract constitutes the entire agreement between the parties and supersedes all prior agreements.