Conditions of Sale

Purchaser will check wheel nuts between the first 50 -100 kms.

Interpretation

1. In these conditions:

(1) Seller means JOHN PAPAS TRAILERS which is the Seller of the goods.

(2) ‘Buyer’ means the purchaser of the goods specified overleaf.

(3) ‘Goods’ means the products and, if any, services specified overleaf.

(4) Nothing in these conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or

modifying any condition, warranty, guarantee, right or remedy implied by law (including the Trade Practices Act 1974) and which by

law cannot be excluded, restricted or modified.

 

General

2. These conditions (which shall only be waived in writing signed by the Seller) shall prevail over all conditions of the Buyer’s order to the extent of any

inconsistency.

 

Terms of Sale

3. The goods and all other products sold by the Seller are sold on these terms and conditions.

 

Drawings, etc

4. (a) All specifications, drawings, and particulars of weights and dimensions submitted to the Seller are approximate only and any deviation from

any of these things does not vitiate any contract with the Seller or form grounds for any claim against the Seller.

 

Guarantee

5. (1) The Seller’s liability for goods manufactured by it is limited to making good any defects by repairing the defects or at the Seller’s option by

replacement, within a period not exceeding twenty-four (24) calendar months after the goods have been dispatched so long as:

defects have arisen solely from faulty materials or workmanship;

the goods have not received maltreatment, inattention of interference;

accessories of any kind used by the Buyer are manufactured by or approved by Seller;

the defective parts or goods are promptly returned free of cost to the Seller;

the goods have been inspected by the Seller at the Seller’s place of business.

The goods are serviced at the intervals specified in the schedule Below and the service record signed at the Seller’s place of business.

TERMS AND CONDITIONS OF SALE
(1) PURCHASER WILL CHECK WHEEL NUTS AFTER 1ST 50 KLMS.
(2) TITLE OF GOODS DOES NOT PASS UNTIL FULL PAYMENT IS RECEIVED
(3) PAPAS TRAILERS EXPRESSLY EXCLUDES LIABILITY FOR ANY CONSEQUENTIAL
LOSS OR DAMAGE INCLUDING LOSS OF PROFIT,BUSINESS,GOODWILL OR
ANTICIPATED SAVINGS WHATSOEVER CAUSED ARISING DIRECTLY OR INDIRECTLY
THROUGH THE USE OF THE PRODUCTS SOLD.
(4) THE TRAILER WILL CARRY A WARRANTY FOR TWO (2) YEARS
PROVIDED IT IS SERVICED EVERY (SIX MONTHS)AT ONE OF OUR FACTORIES
FOR THE PERI0D OF THAT TIME.
WARRANTY DOES NOT INCLUDE (PAINT,SECONDHAND TYRES,OR RIMS)
(5) ANY EXPENSES, COSTS OR DISBURSEMENTS INCURRED BY JOHN PAPAS TRAILERS
PTY LTD IN RECOVERING ANY OUTSTANDING MONIES INCLUDING ANY
SOLICITORS COSTS CALCULATED ON AN INDEMNITY BASIS, SHALL
BE PAID BY THE PAYEE.
ALL WARRANTY REPAIRS MUST BE DONE AT OUR FACTORIES IN WELSHPOOL \OSB.PK
TRANSPORT TO OUR FACTORIES IS AT OWNERS EXPENSE

1ST SERVICE (6 MONTHS) DATE: SIGNED:
OR 10,000 KMS
2ND SERVICE (12 MONTHS) DATE: SIGNED:
OR 20,000 KMS
3RD SERVICE (18 MONTHS) DATE: SIGNED:
OR 30,000 KMS
4TH SERVICE (24 MONTHS) DATE: SIGNED:
OR 40,000 KMS
EACH SERVICE INCLUDES: GREASE WHEEL BEARINGS WITH GREASE AND ADJUST
CHECK WHEEL NUTS, CHECK U-BOLTS AND TIGHTEN, CHECK LIGHTS
FOR FAULTY GLOBES AT A MINIMAL CHARGE.

If the goods are not manufactured by the Seller the guarantee of the manufacturer of those goods is accepted by the Buyer and is the only

guarantee given to the Buyer in respect of the goods. The Seller agrees to assign to the Buyer on request made by the Buyer the benefit of any warranty or entitlement to the goods that the manufacturer has granted to the Seller under any contract or by implication or operation of law to the extent that the benefit of any warranty or entitlement is assignable.

The seller is not liable for and the Buyer releases the Seller from any claims in respect of faulty or defective design of any goods supplied unless such design has been wholly prepared by the

Seller and the responsibility for any claim has been specifically accepted by the Seller in writing. In any event the Seller’s liability under this paragraph is limited strictly to the replacement

Of defective parts in accordance with para 11 (1) of these conditions.

Except as provided in these conditions, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or

Fitness of the goods for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are expressly excluded. The Seller is not liable for physical or

Financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply, layout, assembly, installation or operation of the goods or arising out of the Seller’s

Negligence or in any way whatsoever.

The guarantee does not include paint, second hand tyres or rims.

The Seller is not liable for and the Buyer releases the seller from any claims in respect to towing of trailers with inadequately rated towing equipment or towing with a vehicle inadequately

Rated to tow a trailer whilst in fully loaded configuration.

The Seller’s liability for a breach of a condition or warranty implied by Div 2 of Pt V of the Trade Practices Act 1974 (other than s 69) is limited to:

(1) In the case of goods, any one or more of the following:

(a) the replacement of the goods or the supply of equivalent goods;

(b) The repair of the goods;

(c) The payment of the cost of replacing the goods or of acquiring equivalent goods;

(d) The payment of the cost of having the goods repaired ; or

(2) In the case of services:

(a) the supplying of the services again; or

(b) the payment of the cost of having the services supplied again.

The Seller’s liability under s 74H of the Trade Practices Act 1974 is expressly limited to a liability to pay to the purchaser an amount equal to:

(3) the cost of replacing the goods:

(4) the cost of obtaining equivalent goods; or

(5) the cost of having the goods repaired, whichever is the lowest amount.

 

Payment

The purchase price in relation to goods is payable net any payment of the price of the goods must be made on or before the 30th day of the month next following the delivery of the goods

Unless other terms of payment are expressly stated in these conditions in writing.

 

Returned Goods

9. (a) The seller is not under any duty to accept goods returned by the buyer and will do so only on terms to be agreed in writing in each individual case.

(b) If the Seller agrees to accept returned goods from the Buyer under para (a) of this clause, the Buyer must return the goods to the Seller at the Seller’s place of business referred to at the

head of these conditions.

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