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OUR RANGE

1. In this agreement

  1. ‘Kessner Trailers’ means Kessner Trailers Family Trust (ABN 67 540 163 049).
  2. ‘You’ means the customer and or the business you represent.
  3. ‘Goods’ means the trailers, repairs and other goods and services specified on the invoice.
  4. ‘The Invoice Price’ means the price set out on the invoice.

2. General

You agree to accept the goods sold by Kessner Trailers on these terms and conditions which shall apply to the exclusion of any other terms and conditions (whether on your order form or otherwise).

These terms and conditions replace all previous terms and conditions

3. Payment

  1. 25% (twenty five percent) non-refundable deposit is required to secure your approved order.
  2. Remaining balance of payment is due on collection of goods.
  3. Lawnmower and custom built trailers may require a 50% (fifty percent) deposit.

4. Cancellation

  1. An accepted order is not subject to cancellation unless agreed by Kessner Trailers in writing which will indemnify Kessner Trailers against all damages and losses.
  2. Kessner Trailers may cancel without notice to you if you go into liquidation, become dissolved or bankrupt.

5. Returned goods

Kessner Trailers will not be under any obligation to accept returns goods unless is agreed to by us in writing.

6. Accounts

Kessner Trailers reserves the following rights in relation to the goods until all accounts owed by you to Kessner Trailers are paid in full:

  1. legal ownership of the goods.
  2. to enter your premises (or the premises of any associated Company or Agent where the goods are located) without liability for trespass or any resulting damage and retake possession of the goods.
  3. to keep or resell any goods repossessed pursuant to clause 6(b) above.

7. Quotes

  1. Any quote given by Kessner Trailers is an estimate only and does not constitute an agreement of sale.
  2. Quotations are subject to change, alteration and withdrawal at any time.

8. Loss and damage

Kessner Trailers is not responsible for any loss to you caused for any reason which is outside Kessner Trailers direct control whether or not such loss is caused by Kessner Trailers’ negligence or that of its servants, agents or subcontractors. Your attention is directed to the provision of the Trade Practices Act 1974 (‘the Act’) and other similar legislation which require Kessner Trailers to warrant the suitability and fitness of the goods. All such legislative and common law condition, warranties and other rights provided to you are excluded except where it is not lawful to do so. Your attention is directed to Section 68A of the Act. Kessner Trailers requires goods to be returned to the place of purchase, and elects to limit its liability as allowed, to any one or more of the following as Kessner Trailers may choose:

  1. the repair of the goods, or
  2. the replacement of the goods or the supply of equivalent goods

9. Exclusions

Kessner Trailers shall not be liable in tort, contract or otherwise for any damage, injury or losses (including economic loss) of any kind suffered or purported to be suffered by you or any third party resulting from, arising out of, or in connection with the acquisition, delivery, use or possession of the goods howsoever caused, including, but not limited to any negligence or breach of contract by Kessner Trailers. All legislation which requires Kessner Trailers to warrant the suitability and fitness of the goods or services, other common law conditions, warranties and rights provided to you is excluded except where it is not lawful to do so. As permitted at law Kessner Trailers will not be responsible for:

  1. Defects in goods which Kessner Trailers could not reasonably have been aware of at the time the invoice was made.
  2. Any loss or damage suffered by you as a result of damage to goods or delays in services to be provided by Kessner Trailers caused by events unforeseen at the time the invoice was made.
  3. Any loss or damage either in contract or in tort for any breach of this invoice including but not limited to loss of profits, damages, costs, and expenses.

10. Warranty

Kessner trailers new trailers are covered by a 5 year (sixty months) workmanship warranty from the date of completion of purchase.
This warranty does not include any of the following:

  1. abuse or misuse
  2. lack of proper maintenance
  3. accident
  4. deterioration from normal use
  5. damage and corrosion from environmental conditions such as, airborne fallout, sand, salt, stone, hail, windstorm, lightening, flood and the like.

11. Notifications

You must notify Kessner Trailers in writing of any complaints in relation to our goods and service.

12. Inspection of goods

You must notify Kessner Trailers in writing of any issues that you have with the goods within 7 days from collection of goods.

13. Risk

Risk in goods shall be your responsibility on delivery to you or your transport carrier.

14. Terms of trade

  1. You agree to accept the terms and conditions set out in this document.
  2. Any purchase terms set by you are excluded unless at any time agreed in writing by us.
  3. Where the purchaser is a company then the person or persons signing the invoice agree jointly and severally with the company to pay Kessner Trailers any amount which is due or owing by the purchaser to Kessner Trailers as at the date of the invoice or which may become due or owing to Kessner Trailers by the purchaser.
  4. Kessner Trailers uses your tax invoice as a work order to state the requirements and build specifications.
  5. You agree to accept the goods sold by Kessner Trailers based on the description and specifications set out on the tax invoice.

15. Delivery times

Delivery times specified shall always be non-binding. Kessner Trailers shall not under any circumstances be liable for any loss, loss of profit, loss of income, damage or late delays to you or your customers as a result of late delivery or non-delivery of goods.

16. Jurisdiction

The parties in this agreement agree to be governed by the laws of South Australia.

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