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Terms & Conditions

• 10% re-stocking fee on all authorised returns

• Claims must be made within 7 days of receiving stock

• Proof of purchase must be provided for any claim.

• ASTSS retains ownership of goods sold to the buyer until 

payment has been received in full.

• Products made both locally and overseas

• All orders must be paid for prior shipping unless other arrangements have been agreed

• All orders are plus freight

• Prices are subject to change without notice

These Terms and Conditions of Sale are the only basis upon

which Goods will be supplied by All States to Purchasers. By

placing an Order with All States, a Purchaser agrees to accept,

and comply with, each of these Terms and Conditions of Sale.

1. Definitions and Interpretation

1.1 In these Terms and Conditions of Trade, unless the context

otherwise requires:

(a) “Cash Sales” means sales of Goods, payment for which is made

at, or before, Delivery of the Goods;

(b) “Credit Sales” means sales of Goods, payment for which is due

or made after Delivery;

(c) ”Delivery” means delivery to the Purchaser pursuant to an Order;

(d) “Goods” means products and any services supplied or to be

supplied by All States to a Purchaser from time to time;

(e) “Loss” means any delay, loss, liability, damage, expense or cost

whatsoever and includes (without limitation) direct or

consequential loss or damage;

(f) “Order” means any order or request for Goods or services

irrespective of whether or not the Order is in writing;

(g) “Purchaser” means any person who places an Order with

All States and includes such person’s agents, employees,

executors, administrators, successors and permitted assigns;

(h) “Terms” means these Terms and Conditions of Sale; and

(i) “All States” means All States Trailer Spares Pty Limited

(ABN 70 147 525 380), its successors and assigns, of the

address appearing on the invoice issued in respect of Goods


1.2 Nothing in these Conditions shall be read or applied so as to

restrict or modify or have the effect of excluding, restricting or

modifying any condition, warranty, guarantee, right or remedy implied

by law in Australia (including the Trade Practices Act 1974) and

New Zealand (including the Consumer Guarantee Act 1993 and

Fair Trading Act).

1.3 In these Terms, the singular includes the plural and vice versa,

and a reference to a “person” includes a company, partnership or trust.

2 General

2.1 These Conditions (which shall only be waived in writing, signed

by All States) shall prevail over all other conditions of the Purchaser’s

orders as to the extent of any inconsistency.

3 Terms of Sale

3.1 The Goods are sold on these Terms and Conditions.

4 How a Contract with All States is formed

4.1 Each Order placed by a Purchaser amounts to an offer by it to

acquire from All States the Goods described in the Order upon these

Terms. All States will accept the offer by delivering or providing all or

some of the Goods ordered. All States reserves the right to refuse any

Order within seven (7) days of receipt of the Order.

4.2 The Purchaser agrees that all Goods it orders are for the

purposes of business and not for private or domestic use. The

Purchaser acknowledges and agrees that All States relies upon this

representation in agreeing to deliver or provide those Goods.

4.3 All States may refuse to sell or supply Goods to the Purchaser

(whether as Cash or Credit Sales) and is not required to give reasons

for its refusal.

5 Delivery/Provision of Goods

5.1 Even though an Order specifies a quantity of Goods required,

and a delivery date, and All States accepts the Order, the Purchaser

agrees that All States is not bound to deliver that quantity on the

delivery date so specified. However, All States will use all reasonable

endeavours to do so.

5.2 All States may deliver only a portion of the quantity of Goods

ordered and may invoice the Purchaser for that portion, unless the

parties agree otherwise in writing. The Purchaser may not refuse to

accept delivery of particular Goods just because All States has

delivered only a portion of the quantity ordered or because delivery

was late. However, if delivery is late, the Purchaser may cancel an

Order relating to Goods provided it does so before they are delivered

and no later than seven (7) days after placing that Order with All States

(or such longer time as All States and the Purchaser may agree from

time to time).

5.3 Unless notified in writing by the Purchaser all Goods will be

delivered to the address on the Purchaser’s Order.

5.4 All States will not be liable for any Loss incurred or suffered by the

Purchaser as a result of any delay in delivery of Goods.

5.5 If All States delivers any portion of Goods which is found to be

defective for any reason:-

(a) it is not a repudiation of the Contract of Sale formed by these

Conditions; and

(b) the defective is a severable breach which gives rise only to

claim for compensation.

6 Price and Payment

6.1 Unless otherwise stated, all Prices quoted by All States are

net and exclusive of all Goods & Services Tax (“GST”), sales tax,

transport costs and any other costs payable in respect of the supply

of the Goods.

6.2 Prices for Goods quoted on price lists may be varied at any time

without notice Goods will be invoiced at the then current price for those

Goods as at the date of delivery.

6.3 A price list or product catalogue of All States is not an offer by

All States to sell any Goods appearing in that list or catalogue, nor is

it an offer to sell such Goods at the price specified in that list or


6.4 All States reserves the right to charge a surcharge on any

Goods as it deems fit.

6.5 The Purchaser agrees that the amount payable by it for the

supply of Goods will be the total of the price quoted by All States for

the Goods, including any GST, transport costs, sales tax and other

costs payable in respect of the supply of those Goods.

6.6 Unless otherwise agreed by All States in writing, the Purchaser

must pay for all Goods in cash to All States without deduction at the

time of delivery. However, All States may, at its sole discretion grant

credit to a Purchaser. If credit is granted, payment will be due at the

time that is notified in writing on the face of any invoice evidencing the

delivery or provision of Goods. If, and only if, there is no such time

notified or other specific and written agreement then payment must be

made in clear funds on or before the last business day of the month

following the month in which delivery of Goods was made.

6.7 All States reserves the right at any time to require immediate

payment for all Goods supplied or provided. Payment for those Goods

will be due immediately upon receipt by the Purchaser of a notice from

All States that it requires immediate payment.

6.8 All States reserves the right to make a reasonable charge for

storage if delivery instructions are not provided by the Purchaser within

seven (7) days of a request by All States for such instructions. The

parties agree that All States may charge for storage from the first day

after All States requests the Purchaser to provide delivery instructions.

6.9 The Purchaser agrees that in respect of payment under these

Terms, time is of the essence.

7 Default in Payment

7.1 If the Purchaser fails to pay any amounts due to All States under

this agreement, All States may charge interest on all amounts overdue

at the interest rate fixed from time to time pursuant to section 2 of the

Penalty Interest Rate Act 1983 (Vic). That interest may be charged and

accrue from the first day on which such amounts become overdue until

All States receives effective payment of all such amounts

(including interest charged under this clause).

7.2 In recognition of the seasonal nature of the business activities

of certain Purchasers, All States may by separate agreement, grant

special or deferred terms. If interest is charged by All States to the

Purchasers under those special arrangements then upon any failure to

pay in accordance with those special arrangements by the Purchaser,

the default rate shall be 2.5% per annum above the rate charged in

that special arrangement, or the rate determined under clause 5.1 -

whichever is the greater - and interest will be charged and accrue until

All States receives effective payment of all amounts (including interest

accruing under this clause) due under that special arrangement.

7.3 If All States incurs any cost relating to the collection or

enforcement of payments from the Purchaser. The Purchaser agrees

that those monies will form part of the debt due to All States and

payment will be made by the Purchaser to All States on demand.

8 Title to Goods

8.2 8.1 Title to the goods delivered by All States Trailer Spares Pty Limited shall

only pass to the Purchaser upon payment in full by the Purchaser for

all of the goods (providing that in the case of tender of a cheque,

payment shall not be deemed to be made until the cheque has been

honoured). Notwithstanding that title remains with All States Pty

Limited until payment in full is received, the risk in the goods passes

to the Purchaser upon delivery. The Purchaser must insure the goods

from the date of delivery to the date the title in the goods passes to

the Purchaser.

8.3 Until title to the goods passes to the Purchaser All States

reserves the following rights and the following shall apply:

(a) The Purchaser shall hold the Goods solely as fiduciary for

All States Pty Limited and whereas in possession of the Goods,

as bailee of those Goods and owes All States the duties and

liabilities of the bailee;

(b) The Purchaser shall store the goods separately from its own

goods and those of other persons and in such manner as will

clearly identify the goods as the property of All States Pty


(c) Despite 8.3(a) and (b) above, if the Purchaser supplies any

of the Goods to any person before all monies payable by the

Purchaser have been paid by All States, the Purchaser agrees

that it will hold the entire proceeds of the sale or any other proceeds

arising from the Goods or any insurance claim regarding

the Goods in a separate bank account in trust for All States;

(d) In the event that the Purchaser fails to pay for goods within

normal terms of trade or the Purchaser enters into liquidation,

administration, has a receiver, receiver and manager or mortgagee

in possession appointed or becomes insolvent or the

supply contract is terminated, then any credit terms which the

Applicant has with All States will cease immediately and all

amounts owing by the buyer to All States will become

immediately due and payable and All States without prejudice to

its other rights in contract or general law may, subject to any law

to the contrary, repossess the goods and the Applicant hereby

licenses All States, its servants and agents to enter the

Applicant’s premises at any time without notice in order to search

for, inspect and/or repossess the goods. All States shall have the

right to sell or dispose of such goods removed or otherwise in its

sole discretion and shall not be responsible for any loss

occasioned thereby.

9 Returns

9.1 Subject to clause 9.2, All States may, at its discretion, accept

Goods submitted for return by the Purchaser upon those Terms as

are notified by All States to the Purchaser. No returns of Goods will be

accepted by All States unless those Goods are returned unused and

in a re-saleable condition and within seven days of Delivery.

9.2 All States will (if requested to do so by the Purchaser) accept

returns of Goods upon mutually agreeable terms where there has been

a breach by All States of any warranty conferred by law with respect of

the Goods. Where the return of Goods are accepted by All States

under this clause, All States’s liability to the Purchaser is limited, at

All States’s discretion to either;

(a) replacing those Goods with equivalent Goods; or

(b) paying or crediting the Purchaser the cost of acquiring

equivalent Goods.

9.3 If All States agrees to accept the returned Goods from the

Purchaser, the Purchaser accepts that it shall be responsible for

payment of all transportation and freight costs in having the Goods

returned to All States.

9.4 The Purchaser agrees that All States is entitled to charge a

Re-Stocking Fee equal to 20% of the invoice value of any Goods

returned to and accepted by All States.

9.5 All products must be inspected at time of delivery and claim for

damages must be made within 36 hours of delivery. After this time no

claim will be accepted.

10 Description of Goods

10.1 All Goods to be supplied by All States to the Purchaser are as

described on the Purchase Order agreed by All States and the

Purchaser and the description of such Purchase Order modified as

so agreed, prevails over all other descriptions, including any

specifications or enquiry of the Purchaser.

10.2 All States will use all reasonable endeavors to procure and

supply goods in accordance with samples provided to Purchasers or

otherwise included by it any price lists, pamphlets or other documents.

Notwithstanding that those samples and descriptions are given by way

of identification only and the use of those descriptions or the reference

to those samples will not constitute a sale under these Terms as a sale

by description or by reference to sample but will constitute a sale of

specific Goods as delivered to the Purchaser.

11. Performance

11.1 Any performance figures given by All States are estimates only.

All States is under no liability for damages for failure of Goods to obtain

such figures unless specifically guaranteed in writing.

Any such written guarantees are subject to the recognised tolerances

applicable to such figures.

12. Packing

12.1 The cost of any special packing and packing materials used

in relation to the Goods that are at the Purchasers expense,

notwithstanding such costs may have been omitted from any

purchase order or quotation.

13. Drawings Etc

13.1 All specifications, drawings and particulars of weights and

dimensions submitted to the Purchaser by All States are approximate

only and any deviation from any of these things does not vitiate any

contract with All States or form grounds for any claim against

All States.

13.2 The descriptions, illustrations and performances contained in

catalogues, price lists and other advertising matter do not form part

of the contract of sale of the Goods or the description applied to the



Terms & Conditions of Trade

14 Warranty

14.1 All States’s liability for goods manufactured by it is limited to

making good any defects by repairing the defects or at All States’s

option by replacement, within a period not exceeding twelve (12)

calendar months after the goods have been dispatched so long as:

(a) defects have arisen solely from faulty materials or


(b) the goods have not received maltreatment, inattention or


(c) accessories of any kind used by the Purchaser are

manufactured by or approved by All States;

(d) the seals of any kind on any packaged goods remain unbroken; and

(e) the defective parts are promptly returned, freight paid to

All States.

14.2 Items excluded from the guarantee:

(a) Consumable products

(b) Bearings

14.3 If the goods are not manufactured by All States the guarantee of

the manufacturer of those goods is accepted by the Purchaser and is

the only guarantee given to the Purchaser in respect of the goods.

All States agrees to assign to the Purchaser on request made by the

Purchaser the benefit of any warranty or entitlement to the goods that

the manufacturer has granted to All States under any contract or by

implication or operation of law to the extent that the benefit of any

warranty or entitlement is assignable.

14.4 All States is not liable for and the Purchaser releases All States

from any claims in respect of faulty or defective design of any goods

supplied unless such design has been wholly prepared by All States

and the responsibility for any claim has been specifically accepted

by All States in writing. In any event All States’s liability under this

paragraph is limited strictly to the replacement of defective parts in

accordance with paragraph 14.1 of these conditions.

14.5 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.

All States 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 All States’s negligence or in any way whatsoever.

14.6 These warranties are given by:

All States Trailer Spares Pty Limited.

6-8 Donaldson St

Wyong NSW 2259

Ph: 02 4353 2224

Email: [email protected]

15.1 All States’s liability for a breach of a condition or warranty implied

by Division 2 of Part V of the Trade Practices Act 1974 (Australia)

(other than section 69) and equivalent provisions in the Consumer

Affairs Act (New Zealand) is limited to:-

(a) in the case of goods, any one or more of the following:

(i) the replacement of the goods or the supply of equivalent


(ii) the repair of the goods;

(iii) the payment of the cost of replacing the goods or of

acquiring equivalent goods;

(iii) the payment of the cost of having the goods repaired; or

(b) in the case of services:

(i) the supplying of the services again; or

(ii) the payment of the cost of having the services

supplied again.

16.1 All States’s liability under section 74H of the Trade Practices

Act 1974 (Australia) and equivalent provisions in the Consumer

Affairs Act (New Zealand) is expressly limited to:-

(a) the cost of replacing the goods;

(b) the cost of obtaining equivalent goods; or

(b) the cost of having the goods repaired, whichever is the

lowest amount.

16.2 Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

17. Matters beyond the control of All States

All States will not be liable for any Loss suffered by the Purchaser as

a result of a failure to observe any of these Terms or as a result of

any delay in performance of any obligations due to any cause or

circumstances beyond All States’s control including but not limited to

any failure or delay in performance caused by any strikes, lock-outs,

labor disputes, fires, acts of God or public enemy, delays in transport,

breakdown in machinery, restrictions or prohibitions by any

government or any semi-government authorities, embargo’s or any

other events beyond All States’s control wherever and whenever they


18. Entire Agreement

Any contract between All States and the Purchaser for the supply of

Goods will be governed only by these Terms. All States will not be

bound by any terms and conditions that do not appear in these Terms

or are inconsistent with these Terms. However, All States may amend

the Terms from time to time, but those amendments will not take

effect until All States has notified the Purchaser in writing of those

amendments. Any Orders placed with All States after the Purchaser

has been notified of amendments to the Terms will be deemed to be

offers to acquire Goods upon the amended Terms.

19 Assignment

The Purchaser may not assign, transfer or otherwise dispose of any of

the rights or obligations of this or any other contract with All States that

is subject to these Terms without the prior written consent of All States.

20. Waiver

All States may make concessions with respect to the operation of

these Terms. Those concessions will be of no legal effect unless

they are in writing, and will:

(a) be the nature of a single concession or indulgence; and

(b) not constitute any general or future waiver or intent to waiver

with respect to any future occurrence or event.

21. Severance

In the event of the invalidity of any provision of these Terms that

provision (the “Relevant Provision”) is to be severed from the valid

provisions of these Terms and the invalidity of the Relevant Provision

will not effect the application of the remaining parts and provisions.

22. Notices

Any notice given under these Terms must be in writing and may be

given by hand delivery, pre-paid ordinary post or by facsimile

transmission A notice will be deemed to have been received by the

person to whom it was sent:

(a) in the case of hand delivery, upon delivery;

(b) in the case of pre-paid ordinary post, three days after the

date on which it was posted, or

(c) in the case of facsimile, upon the sender obtaining

confirmation that the transmission was completed successfully.

23. Governing Law

These Terms are governed by and must be construed in accordance

with the laws of New South Wales, and each party irrevocably submits to the

jurisdiction of the courts in that State.

Specifications are subject to change

without notice.

All States Australia Pty Ltd reserves the right to

correct printing errors.