In these Terms unless the context requires otherwise:
Freightmore Transport means Freightmore Transport PTY LTD
Consumer Guarantees means the consumer guarantees contained in the Australian Consumer Law, which is contained
in Schedule 2 of the Competition and Consumer Act 2010
Contract means a contract arising in accordance with clause 2
Customer means the Customer described in the Purchase Order
Deposit means the Deposit described in the Purchase Order
Goods means any Trailer or any part of the Trailer or any other goods supplied to the Customer by Freightmore
Invoice means a tax invoice issued by Freightmore Transport to the Customer specifying the Price and any ancillary
costs payable by the Customer to Freightmore Transport for the Goods
Price means the price payable in respect of the Goods, as specified in the Purchase Order or Invoice or both
Purchase Order means a Purchase Order submitted by the Customer to Freightmore Transport for the purchase of
Quotation means a quote submitted by Freightmore Transport to the Customer specifying the Price
Terms means these Terms and Conditions of sale
Warranty means the manufacturer’s warranty, a copy of which is available on the Freightmore Transport website
The customer agrees and acknowledges that:
The customer agrees and acknowledges that:
2.1. These Terms apply to the sale of Goods from Freightmore Transport to the Customer to the exclusion of all other
terms and conditions of the Customer.
2.2. Freightmore Transport will not supply Goods to the Customer on any other terms or conditions.
2.3. The Customer is deemed to have agreed to these Terms upon signing any contract (including a Purchase Order)
or agreement with Freightmore Transport or by taking delivery of the Goods supplied by Freightmore Transport.
2.4. Upon Freightmore Transport receiving a Purchase Order a contract arises for the manufacture and supply of
Goods described in the Purchase Order for the Price and on these Terms.
2.5 In the event that a Contract from any Third-Party Sellers such as Agents, Resellers, or Retailers not Trading under
Freightmore Transport cannot be consummated for any reason and as a result the Purchase Order is accepted by and
transferred to Freightmore Transport, such a Contract is not bound by any terms & conditions, offers, or warranty
originally offered by the Third-Party Seller which is not standard to that of Freightmore Transport.
3.1. The Customer must pay the Price in the manner and on the due date set out in the Purchase Order.
3.2. If the Customer fails to make payment of any amount of the Price on the due date, the Customer may be liable to
pay to Freightmore Transport interest on the full amount outstanding at the rate equal to 4% per annum higher than
the prime lending rate of Westpac Banking Corporation as at the date on which the relevant payment is due to be
paid, calculated monthly for the period from the due date until payment is received.
3.3. The Customer may not set off against the Price any amounts due from Freightmore Transport.
4.1. If the Purchase Order includes provision for payment of a Deposit, then
4.1.1. Freightmore Transport is not required to commence work or supply any Goods until the Deposit has been paid
in full; and
4.1.2. The Deposit is immediately released to Freightmore Transport, and the Customer is not entitled to a refund of
5. Deliveries and Force Majeure
5.1. Freightmore Transport will make the goods ready and available for collection by the Customer as specified in the
Purchase Order or the Invoice upon the Customer’s request to Freightmore Transport. The Buyer must make all
arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. Freightmore Transport
is not responsible for any damage to the Goods during delivery.
5.2. Unless specified otherwise in the Purchase Order or the Invoice, delivery and freight charges are not included in
the Price, and are payable by the Customer at the same time as the Price is due to be paid.
5.3. Freightmore Transport will use all reasonable endeavours to comply with the Customer’s particular delivery
requirements. Where changes are made to the Manufacturing processes or specifications of any Goods, however, the
Customer may not cancel the whole or part of an order or claim compensation due to Freightmore Transport’s failure
to comply with its delivery requirements or minor variations to the Goods.
5.4. If for any reason beyond the control of Freightmore Transport, including without limitation, strike, trade dispute,
fire, flood, accident, tempest, death, war declared or undeclared, blockade, governmental or quasi-governmental
restraint, unavailability of Goods, loss or destruction of the Goods, delays in transport or an act of God, an order
cannot be filled at the time required by the Customer or at all, Freightmore Transport is not required to supply the
Goods to the extent and for the period that it is so unable to supply the Goods, and Freightmore Transport is not liable
to the Customer in respect of any inability on its part to perform its obligations.
6.1 The Customer is bound by the Warranty and must promptly notify Freightmore Transport of any defects in the
Goods, and must not perform or cause to be performed any work or repairs without the express permission of
Freightmore Transport in the event of a warranty claim or claim under the Consumer Guarantees.
6.2 Freightmore Transport is not obligated to honour the Warranty Policy for any Goods manufactured by Freightmore
Transport, but purchased through a third-party being an Agent, Reseller, or Retailer. The responsibility of honouring
the Warranty Policy for the full duration to which it is set belongs to the Seller in the Purchase Order. In the event that
the Third-Party Seller ceases trading, the obligation to honour the warranty policy for customers who are still eligible
within the time limits; remains with the original seller.
6.3 Freightmore Transport is not obliged to honour or consummate any warranty claims made by customers who have
not paid the full owing balance on their purchase of Goods, including but not limited to any outstanding balance owed
by the customer arising from: freight of the Goods, extra components supplied or fitted to the Goods, freight of
components relating to the Goods as requested by the customer.
6.4 In the event that the Goods purchased and received by the original Customer in the Purchase Order, have a
transfer of ownership via sale, trade, or any other means, resulting in a new owner of the same Goods, the Goods will
then be deemed as Used. As a result, Freightmore Transport is not required to honour any warranty obligations,
regardless if the Goods are still within an eligible Time Period (12 months from date of delivery of Goods). Warranty is
only eligible to Goods under ownership of the Customer as stated in the Purchase Order.
8. The Customer agrees that it must promptly sign any further documents and provide any further information,which Freightmore Transport may reasonably require to register or deliver the goods.