ABSOLUTE CARAVAN CARE
& ACCESSORIES
MRB5246 - EC6884 - EW124745 - MR11711
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Call : (08) 92404552
units1-4 / 16 Abrams Street.
Balcatta, WA. 6021
1.     DEFINITIONS
In these terms and conditions:
a)    
 "Absolute Caravan" means Absolute Caravan Care and Accessories of units 1-4,
  16 Abrams Street, Balcatta, Western Australia 6021 (ABN 43 087 880 077);
b)     
“Agreement” means the agreement between Absolute Caravan and the Customer consisting of
  these Terms and Conditions, the Quotation and the Purchase Order (if applicable) which has
  been accepted by Absolute Caravan;
c)    
 “BOM” means a bill of materials used to complete either a agreed scope of work or a agreement
  undertaken with the finical amount not being advised on until the scope of work has been
  completed, usually this will consist of a list of chargeable materials used and a record of
  chargeable hour worked to complete the scope of work this is not deemed to be a Quotation
  rather a Cost Plus situation;
d)     
“Consequential Loss” means loss or damage arising from a breach of contract, in tort (including
  negligence), in law, in equity or under statute, including without limitation, loss of use, loss of
  profit, loss of anticipated savings or business, loss of data, loss of opportunity, loss of goodwill
  and liabilities to third parties;
e)     
"Customer" means the party purchasing the Goods and/or Services or as otherwise described
  in the Quotation or Purchase Order;
f)     
 “Goods” means the goods, parts or equipment to be supplied by Absolute Caravan to the
  Customer;
g)    
 “GST” means the goods and services tax imposed under the A New Tax System (Goods and
  Services Tax) Act 1999 (Cth) (as amended from time to time);
h)    
 “Invoice” means the invoice for the Goods and/or Services issued by Absolute Caravan to the
  Customer, and if more than one invoice is issued, means the latest invoice;
i)      
“Property” means any personal property, including but not limited to caravans, motor vehicle,
  motorhomes and trailers;  
j)     
 “Purchase Order” means the purchase order for Goods and/or Services issued by the Customer
  to Absolute Caravan from time to time containing, among other things, a description of the Goods
  and/or Services;
k)    
 “PPSA” means the Personal Property Securities Act 2009 (Cth) (as amended from time to time)
  and the terms used in clause 11 have the same meaning as those given in the PPSA;
l)     
 “Price” means the price as set out in the Quotation, Purchase Order and/or Invoice which is
  exclusive of GST, but is inclusive of all other costs and charges;
m)    
“Quotation” means the quotation form issued by Absolute Caravan to the Customer, and if more
  than one form is issued, means the latest form.  If an order is placed over the telephone, and a
  written quotation is not issued prior to acceptance of the offer, the quotation shall be Absolute
  Caravan’s records of the telephone order,
  
a) “Second Quotation Definition” means the quotation will be presented as a written quote with
  the completion of a required volume of work as the goal, this quotation may list items in a specific
  detail or noted “as required”, but all written items are an estimation of work required to complete
  goal, some listed items may not be completed as it was only an estimated part of the required
  work to achieve the goal, however costs or pricing indicated as the quotation will not need to be
  altered to achieve the final goal, an excepted price to complete the goal is deemed to be the
  agreement, a BOM and labour cost request will be to only way to adjust the quote, however this
  is then not a quotation, rather a Cost Plus situation, which we can organise;
n)     
“Services” means any services to be provided by Absolute Caravan to the Customer;
o)     
“Site” means the location for the supply of the Goods and/or performance of the Services; and
p)     
"Terms and Conditions" means these terms and conditions and any additional matters agreed
   in writing between the parties.  
2.     AGREEMENT
2.1   All Goods and/or Services are supplied or provided in accordance with the Agreement.  
2.2   By placing an order or issuing a Purchase Order the Customer unconditionally agrees to be
   bound by the Agreement in its entirety and without any alteration. The Customer knowledges
   that any terms and conditions attached to the Purchase Order or otherwise presented to Absolute
   Caravan will have no legal effect and will not consistent part of the Agreement.
3.     QUOTATION AND ORDERING
3.1   The Quotation is based on the goods, materials and equipment being available from Absolute
   Caravan’s normal point of supply and the Goods and/or Services being supplied or provided at
   the Site.
3.2   Absolute Caravan reserves the right to adjust the Price if:  
   a)        conditions beyond Absolute Caravan’s control necessitate supply from any other point of
              supply;
   b)        the Customer changes the volume, scope or quality of Goods and/or Services; or
   c)        the Goods and/or Services are not supplied or provided at the Site.
3.3   Unless otherwise specified by Absolute Caravan, the Quotation is an offer open to acceptance by
   the Customer within thirty (30) days of the date on which the Quotation is issued.  
4.     PRICE AND PAYMENT
4.1   Unless otherwise specified by Absolute Caravan, the Customer must pay the Price to Absolute
   Caravan shown on the Invoice at the time the Goods and/or Property are collected from the Site.
   The Customer will not be entitled to withhold payment or make any deduction from the Price in
   respect of any set-off, counter-claim or dispute.  
4.2   Absolute Caravan will be entitled to charge interest on any amount that is due from the date that
   payment is due until the date on which payment is received at a rate of fifteen percent per
   annum.  Absolute Caravan will also be entitled to charge the Customer for any additional costs,
   including legal costs, incurred in attempting to recover the outstanding amount.
5.     GST
5.1   If Goods and/or Services provided under the Agreement are subject to GST, the Customer will
   pay to Absolute Caravan an additional amount equal to the amount of the Price multiplied by the
   prevailing GST rate.
5.2   The additional amount under clause 5.1 is payable at the same time as the amount for the Goods
   and/or Services is to be paid.  
6.     SUPPLY AND COLLECTION
6.1   Absolute Caravan is not liable for any damage or loss, including Consequential Loss, arising out
   of a delay in supplying or providing the Goods and/or Services.
6.2   Unless otherwise agreed in writing, the Customer must collect the Goods and/or Property during
   Absolute Caravan’s business hours on the date specified by Absolute Caravan.
6.3   If the Customer fails to collect the Goods and/or Property in accordance with clause 6.2, Absolute
   Caravan will be entitled to charge a storage fee of up to $17.50 per day until the Goods or
   Property are collected.
6.4   In addition to its rights under clauses 4.3 and 6.3, Absolute Caravan may remove any Property
   from the Site if the Customer fails to collect the Property within thirty (30) days of the date for
   collection and will not be liable for any loss or damage suffered by the Customer.  
7.     TITLE, RISK AND INSURANCE
7.1   Title in the Goods passes to the Customer upon payment to Absolute Caravan of the Price in full.
7.2   Risk in the Goods passes to the Customer when the Goods are collected from the Site.  
7.3   The Customer is solely responsible for insuring and keeping the Property insured.   
7.4   Absolute Caravan is not liable for any damage to, destruction of, theft of or unauthorised use of
   any Property while on the Site and releases and indemnifies Absolute Caravan from any claim it
   may otherwise have had against Absolute Caravan.  
8.     WARRANTIES AND EXCLUSIONS
8.1        Absolute Caravan warrants that:
   a)        all Services will carry a workmanship warranty for twelve (12) months from the date of
              purchase; and
   b)        all Goods with a manufacturer’s warranty will directed to that manufacture and subject to
              the Customer complying with the terms of any such warranty.
8.2   The warranties in clause 8.1 will be voided if any services are carried out on the Customer’s
   Property by any person other than Absolute Caravan during the warranty period.
8.3   Subject to clause 8.1, Absolute Caravan does not provide any warranties or representations
   regarding the Goods and/or Services or their suitability for the Customer.  
8.4   The Customer indemnifies Absolute Caravan against any loss, damage or liability arising directly
   or indirectly from a use of the Goods or any modification to them which is not in accordance with
   the manufacturer's recommendations, any applicable law or good safety operating practices
8.5   To the extent permitted by law, all terms, warranties, guarantees and representations that would
   otherwise be implied by law are expressly excluded from this Agreement.  If a term or condition
   imposing liability cannot be excluded, Absolute Caravan’s liability will be limited, at the sole
   discretion of Absolute Caravan to:
   
In the case of Goods :
  a)        the replacement of the Goods or the supply of equivalent goods;  with prior authorisation
             from Absolute Caravan’s;
  b)        the repair of the Goods or supplying the Services again; with prior authorisation from
             Absolute Caravan’s;
  c)        the payment of the cost of replacing the Goods or acquiring equivalent goods or the cost of
             the Service being supplied again; or payment of having the Goods repaired, with prior
             authorisation from Absolute Caravan’s;
   In the case of Services:
  a)        the supply of equivalent services; with prior authorisation from Absolute Caravan’s;
  b)        the supply of the Services again; with prior authorisation from Absolute Caravan’s;
  c)        the cost of the Services being supplied again; with prior authorisation from Absolute
             Caravan’s;
8.6   The remedies provided by this clause 8 are the Customer’s sole and exclusive remedies and
   Absolute Caravan will not be liable for any other loss or damage suffered, including any
   Consequential Loss.
8.7   To the extent permitted by law, Absolute Caravan’s total liability under this Agreement whether in
   contract, tort (including negligence) or otherwise arising out of Absolute Caravan’s performance
   of the Agreement, will not exceed in the aggregate the Price actually paid to Absolute Caravan by
   the Customer.
8.8   Must be taken in conjunction with Warranty Term set out from
  
 http://www.absolutecaravancare.com/Terms_and_Conditions.html
9.     CANCELLATIONS
9.1   If the Customer cancels an order for Goods and/or Services before the Goods and/or Services
   are provided, Absolute Caravan (in its absolute discretion) may direct the Customer to pay a
   cancellation fee of twenty (20) per cent of the Price within seven (7) days of the date on the
   Invoice.  
10.   FORCE MAJEURE
10.1 Absolute Caravan is not liable for any failure to perform its obligations under the Agreement to
   the extent, and so long as, its performance is prevented or delayed by an event beyond its
   control, including but not limited to an industrial dispute, government restraint, fire, flood, storm,
   war, act of God or earthquake, provided Absolute Caravan provides written notice of the delay to
   the Customer within seven (7) days of becoming aware of it.
10.2 If Absolute Caravan’s ability to perform its obligations is adversely affected for more than three
   (3) months, the Agreement may be terminated and both parties will be relieved from any further
   obligations.  For the avoidance of doubt, the Customer will only be liable to pay for the Goods
   and/or Services that have been provided.
11.   PPSA
11.1 The Customer acknowledges that Absolute Caravan may register a Purchase Money Security
   Interest under the PPSA in favour of Absolute Caravan in respect of the Goods and may exercise
   any additional rights provided under the PPSA.  
11.2 The Customer agrees to promptly do all things, execute all documents and/or provide any
   information which Absolute Caravan may reasonably require to enforce, protect and maintain its
   security interest.
11.3 The parties agree to exclude the operation of the following sections 95, 121(4), 129, 130, 132(3)
   (d), 132(4), 135, 137, 142 and 143 of the PPSA.
11.4 The Customer waives its right under section 157 of the PPSA to receive any Verification
   Statement.
12.   TERMINATION
12.1 Absolute Caravan may terminate this Agreement:
   a)        for any reason after providing thirty (30) days’ written notice to the Customer; or
   b)        immediately if the Customer breaches a material term of the Agreement.
12.2 If the Agreement is terminated under clause 12.1, the Customer must immediately pay to Absolute
   Caravan the amount for the Goods and/or Services supplied or provided and any additional
   amounts under clauses 4.2 and 6.3.
12.3 Absolute Caravan will not be liable for any loss or damage, including any Consequential Loss,
   suffered by the Customer as a result of the termination of the Agreement.
13.   DISPUTE RESOLUTION
13.1 If a dispute between Absolute Caravan and the Customer arises out of or in connect with the
   Agreement, the party requiring the dispute to be resolved must promptly give the other party a
   written notice with details of the dispute.
13.2 Within fourteen (14) days of a party receiving a notice referred to in clause 13.1, the parties must
   attempt to resolve the dispute in good faith.   
13.3 A party must not commence proceedings (other than for urgent relief) in respect of any such
   dispute before complying with the requirements of this clause 13.
14.   GENERAL
14.1 (Notice) Absolute Caravan may send any notices to the Customer by emailing the notice to the
   Customer’s nominated email address.
14.2 (Assignment) The Customer shall not assign its rights or obligations under this Agreement
   without prior written consent of Absolute Caravan.
14.3 (Waiver) No failure or delay by Absolute Caravan to exercise any right or remedy provided under
   this Agreement or by law will constitute a waiver of that or any other right or remedy, or restrict
   the further exercise of that or any other right or remedy.
14.4 (Entire Agreement) The Agreement constitutes the entire agreement between Absolute Caravan
   and the Customer and no modification is binding unless agreed to in writing by both parties.
14.5 (Severance) Any provision of the Agreement which is unenforceable or partly unenforceable is,
   where possible, to be read down so as to be enforceable and, if it cannot be read down, severed
   to make the Agreement enforceable without changing the intended effect of the Agreement.
14.6 (Governing Law) The Agreement is governed by and to be construed in accordance with the laws
   in force in Western Australia.  Each party irrevocably and unconditionally submits to the non-
   exclusive jurisdiction of the courts of Western Australia.
STANDARD TERMS AND CONDITIONS
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ACN 109 948 718    ABN 43 087 880 077    MRB 5246    EC6884  
LAST UPDATED 01/01/2016