TERMS OF USE

FUSINE INVESTMENTS PTY LTD T/AS TRACK TRAILER

TERMS AND CONDITIONS OF SALE

1. Definitions

“ACL” means the Australian Consumer Law Schedule of the Competition and Consumer Act 2010 (Cth) and its associated Regulations as amended;

“Agreement” means any agreement for the provision of goods or services by the Seller to the Buyer and includes the Order, these Terms and any tax invoice issued by the Seller;

“Balance” means the figure stated in the ‘Balance’ section of the Order, being the total Order value less the Deposit and the Progress Payments;

“Business Days” means a day other than a Saturday, Sunday or public holiday on which trading banks generally are open for business in Melbourne, Victoria;

“Buyer” means the person(s) or entit(ies) acquiring goods or services from the Seller;

“consumer” is as defined in the ACL and in determining if the Buyer is a consumer, the determination is made if a Buyer is a consumer under the Agreement;

“Deposit” means the deposit as specified in the Order;

“Force Majeure Event” means an event beyond the reasonable control of a party including, without limitation, accident, acts of God, acts or threats of terrorism or war, breakdown, epidemic, pandemic, supply chain disruptions, COVID-19 restrictions, import or export or travel restrictions, industrial disputes, lockouts, strikes, labour difficulties, work bans, riot, insurrection, national emergency, civil commotion, act of public enemy, blockades or picketing;

“goods” means the goods supplied by the Seller to the Buyer;

“Order” means a written order or quote and any tax invoice in the Seller’s prescribed form;

“Progress Payments” means any interim payment due between the date of the Agreement and delivery of the goods;

“Seller” means Harvey Technology Pty Ltd (ACN 057 929 754) Trading as Track Trailer;

“services” means services provided by the Seller to the Buyer;

“Purchase Price” means the total consideration payable by the Buyer, comprising the Deposit, Progress Payments and the Balance;

“Terms” means these Terms and Conditions of Sale.

2. Basis of Agreement and Orders

• The Terms apply exclusively unless otherwise agreed in writing.
• The Seller agrees to sell, and the Buyer agrees to buy the goods/services described in the Order.
• The Agreement becomes binding when the Seller executes the Order and receives the Deposit.
• Buyer requirements must be detailed in the Order.
• Orders may be suspended or cancelled due to a Force Majeure Event.
• The Seller may cancel any Order at its discretion before notifying availability.

3. Price and Payment

• The price is as stated in the Order and exclusive of GST unless specified.
• The Seller may increase prices before delivery if input costs rise.
• The Buyer may cancel within 5 Business Days of a price increase notice.
• The Buyer must pay the Deposit, Progress Payments, and the Balance within 5 Business Days of notification that goods are ready.
• Payment is only received when funds clear.
• Dishonoured cheques may be treated as repudiation.
• Failure to pay on time results in:
  • All outstanding amounts becoming immediately due;
  • 15% per annum interest on overdue amounts;
  • Indemnity for legal and enforcement costs;
  • Suspension of manufacture or supply.
• Payment terms may be amended by written notice.
• Time for payment is of the essence.

4. Delivery

• The Seller will notify the Buyer when goods are ready.
• Delivery dates are estimates only.
• Services will be completed within a reasonable time.
• Unless agreed otherwise:
  • The Buyer must arrange collection from the Seller’s premises;
  • Delivery occurs when loading/hitching begins;
  • The Buyer is responsible for transport, freight, insurance.
• The Buyer must collect goods within 10 Business Days or storage fees apply.
• Buyers must have a suitable towing vehicle.
• The Buyer indemnifies the Seller against losses arising from delivery.

5. Pre-Delivery Inspection

• The Buyer must inspect goods on delivery.
• Claims must be made at the time of inspection.
• If accepted, the Seller may replace goods or refund the component price.

6. Title

• Title passes only when the Purchase Price is fully paid.
• Before full payment, the Buyer holds goods as fiduciary agent/bailee.
• If the Buyer improperly sells/encumbers goods:
  • They hold proceeds on trust for the Seller;
  • The Seller may enter premises to recover goods.

7. Risk

• Risk passes on delivery or 10 Business Days after notice of availability.
• The Buyer assumes all risks arising from use or possession.

8. Exclusion

• The Buyer has not relied on the Seller’s advice or recommendations.
• Towing suitability is the Buyer’s responsibility.

9. Liability

• No warranties apply except as stated in the Agreement or law.
• ACL consumer guarantees apply if the Buyer is a consumer.
• For on-supplied goods:
  • Liability is limited as per ACL sections 276A or 274.
• The Seller is not liable for indirect or consequential losses.
• Nothing excludes mandatory statutory rights.

10. Default

• The Seller may exercise remedies if the Buyer defaults, repudiates, or becomes insolvent.
• The Seller may terminate or affirm the Agreement and seek compensation.
• Upon termination the Seller may:
  • Forfeit the Deposit;
  • Sell the goods;
  • Recover losses including lost profits.

11. Force Majeure

• The Seller is not liable for delays caused by a Force Majeure Event.
• The Seller must notify, mitigate effects, and resume performance when possible.
• If the event exceeds 3 months, the Seller may terminate.

12. Miscellaneous

• Termination does not affect surviving terms.
• Goods cannot be returned without the Seller’s consent.
• Agreement is governed by Victorian law.
• The Buyer acknowledges full understanding and acceptance.
• Time is of the essence except for time of day for delivery.
• Failure to enforce terms is not a waiver.
• Unenforceable terms will be read down or severed.

POSTAGE & SHIPPING TERMS

Track Trailer uses Australia Post bags with tracking. Postage is calculated automatically at checkout.

Additional Courier Charges

Some items incur extra postage based on size/weight. We will contact you with a quote.

Postage Refund

Combined items may qualify for a refund if savings exceed $10.

Postage Address

Please ensure all shipping addresses are attended. Couriers charge redelivery fees.

Pickup

Pickup is available at:
Track Trailer, 1/640 Dorset Rd, Bayswater North, VIC 3153
Select pickup at checkout and you will be notified when ready.

Additional Terms

Some custom parts may require up to 3 weeks to arrive.
Buyers must ensure parts match their van model.
If goods are faulty or not as described, consumer law applies.
Incorrectly ordered or damaged items by the Buyer are not covered.
Warranty claims must be returned to Track Trailer (postage not covered).