Terms and 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.
- Definitions and Interpretation
- In these Terms and Conditions of Trade, unless the context otherwise requires:
- “Cash Sales” means sales of Goods, payment for which is made at, or before, Delivery of the Goods;
- “Credit Sales” means sales of Goods, payment for which is due or made after Delivery;
- ”Delivery” means delivery to the Purchaser pursuant to an Order;
- “Goods” means products and any services supplied or to be supplied by All States to a Purchaser from time to time;
- “Loss” means any delay, loss, liability, damage, expense or cost whatsoever and includes (without limitation) direct or consequential loss or damage;
- “Order” means any order or request for Goods or services irrespective of whether or not the Order is in writing;
- “Purchaser” means any person who places an Order with All States and includes such person’s agents, employees, executors, administrators, successors and permitted assigns;
- “Terms” means these Terms and Conditions of Sale; and
- “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 supplied.
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.
2.1 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:-
- it is not a repudiation of the Contract of Sale formed by these Conditions; and
- 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 catalogue.
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:
- 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;
- 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 Limited;
- 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;
- 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.
9.1 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;
- replacing those Goods with equivalent Goods; or
- 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.
11.1 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.
12.1 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.
- Drawings Etc
13.1 All specifications, drawings and particulars of weights and dimensions submitted to the Purchaser by All States Trailer Spares 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 Trailer Spares.
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 Goods.
Terms & Conditions of Trade
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 workmanship;
(b) the goods have not received maltreatment, inattention or interference;
(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
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
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 goods;
(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.
- 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 occur.
- 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.
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.
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.
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.
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.
- 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.