Effective March 2018
These are the terms and conditions upon which Fleet Trades Pty Ltd (ABN 85 095 633 613) provides our products and services. References to “Fleet Trades”, “us”, “our”, and “we” is a reference to Fleet Trades Pty Ltd. The terms “you”,”your” “the Customer” refers to anyone that purchases our goods and services.
- Our products and services are offered to you conditionally on your acceptance of these Terms and Conditions.
- When you place an order with Fleet Trades for a product(s) you are indicating your acceptance of these Terms and Conditions.
2. Fleet Trades products and services
- Fleet Trades is a manufacturer and retailer of utility accessories.
- Fleet Trades offers a comprehensive range of products, which are available for purchase directly from Fleet Trade or from one of our distributors around Australia.
- Fleet Trades offers installation of products from our premises in Campbellfield or through our authorized distributors.
- Fleet Trades products are available for individual purchase with our standard features, or with optional extras selected by you.
- Fleet Trades may manufacture custom-made products upon request.
- Fleet Trades products may not be purchased for-sale unless you are an authorized Fleet Trades distributor.
- Fleet Trades provides both verbal and written quotes.
- Quotes are open for 30 days after which prices quoted may be subject to change.
- Quotes include standard product features only unless optional extras are separately identified.
- Quotes to retail customers include installation costs unless the Customer advises installation is not required.
- Quote for distributors do not include installation.
- Delivery fees quoted are estimates only and will be confirmed prior to delivery.
4. Authority to purchase
- If you are making a purchase on behalf of someone else, or on behalf of a business (whether partnership, or company) you represent to Fleet Trades that you have authority to bind that other person or entity as principal to these terms and conditions.
- You represent and warrant to Fleet Trades that you are the owner of the vehicle or have the authority of the owner of the vehicle, to grant possession of the vehicle to Fleet Trades for the purpose of installing products purchased by you to the vehicle.
5. Purchasing products
- Product specifications are available on our website and individual product brochures. We recommend that Customers confirm the product specifications prior to making a purchase.
- To place an order as a retail Customer order you must indicate your acceptance of our quote, either verbally or by way of email.
- Distributors can place an order by submitting a purchase order form to Fleet Trades.
- It is the Customer’s responsibility to understand the limits and requirements of the Customer’s vehicle prior to purchasing products from Fleet Trades.
6. On-line purchases
- Trade Customers may create an account with Fleet Trades, which enables you to obtain a quote from Fleet Trades through your customer portal. Clause 3 of these terms and conditions also applies to quotes provided through your online account.
- Retail customers may create an account to make a purchase.
- Customers are responsible for maintaining confidentiality of account, username and password information. Fleet Trades is not responsible for unauthorized transactions made through a Customer’s account.
- Prices are displayed in Australian Dollars. Fleet Trades reserves the right to vary prices at any time without prior notice. Changes will be effective immediately upon uploading to the Site.
- Once you have submitted your order and Fleet Trades has received your payment, you will receive an acknowledgement email confirming your order, and informing you of an estimated delivery date.
7. Changes and Cancellations
- Requests to change an order can be accommodated prior to installation, subject to stock availability and payment of any costs incurred by Fleet Trades in relation to your original order.
- Changes to an order for custom-made products cannot be accommodated.
- If you cancel your order of an off the shelf product, Fleet Trades will refund your deposit, less any costs incurred by Fleet Trades in relation to your order.
- Cancellations of a custom-made order will result in the forfeiture of your deposit.
8. Pricing and Payment
- Prices are inclusive of GST and installation costs.
- We require a deposit to secure your purchase. The deposit amount is identified in the Quote.
- We do not provide a refund for changes of mind.
- Your deposit maybe forfeited if you request a change to your order (see 6 above).
9. Out of Stock and Back Orders
- Fleet Trades generally has sufficient stock on hand.
- If we do not have stock on hand, we will advise you and you can place a back-order for the product. You should expect to wait 8 to 10 weeks if a product is on back-order.
- Manufacturing times for custom-made orders are 8 to 10 weeks.
- These time-frames are provided for guidance only and are subject to change.
- Not all products are available for delivery.
- Fleet Trades uses third party freight providers to deliver products.
- Fleet Trades will provide you with an estimated delivery fee with its quote.
- Customers should ensure that someone is present to accept the delivery. Deliveries will be left at the nominated delivery address if the premises are unattended. Products left at an unattended address are left at the Customer’s own risk.
- If a product is damaged during freight, Customers must contact us by close of business the day after accepting a delivery.
- The Customer agrees to provide Fleet Trades with photographic evidence of any damage to a product that has been delivered.
- The Customer agrees to co-operate with Fleet Trades’ reasonable requests to arrange for any damaged products to be returned to Fleet Trades.
- Clauses 10.5 and10.7 do not apply to damage caused to packaging only.
- Fleet Trades products are manufactured in accordance with the Vehicle Standard (Australian Design Rules).
- Subject to clause (12) of these terms and conditions, and without limiting any rights prescribed by law, Fleet Trades provides a 12-month warranty on all genuine Fleet Trades products and accessories on the terms stated in this Clause.
- Fleet Trades will repair or replace products that have a manufacturing defect within 12 months of the date of purchase.
- Customers must notify Fleet Trades of any defects within 12 months of the date of purchase to make a valid warranty claim.
- Customers must make the vehicle available to Fleet Trades’ Campbellfield workshop within a reasonable period for Fleet Trades to undertake the work.
- This Warranty is conditional upon the Customer following all instructions provided by Fleet Trades in relation to the proper use and maintenance of the products including but not limited to manufacturers owner’s manual and warning labels.
- This warranty does not apply where the Fleet Trades product has been subject to:
- overloading or incorrect loading of goods;
- incorrect towing requirements;
- incorrect towing configurations;
- being used in a way that is not for the intended purpose;
- negligence or abuse by the Customer;
- damage caused by the Customer or any third party;
- environment damage including but not limited to industrial fall out, salt spray, bird defecation, chemical damage, gravel stone chips;
- non-compliance with safe working load weights;
- acidic or alkaline cleaners;
- the removal, alteration, defacing, or covering of any serial number, warning label, caution label, weight warning or other label attached to the product by Fleet Trades; or
- lack of regular maintenance being performed (including but not limited to cleaning, lubrication of moving parts, correct tightening of nuts and bolts.
12. Limitation of Liability
- Nothing in these terms and conditions excludes or limits our liability for any liability that cannot be excluded or limited by law.
- To the extent permitted by law, Fleet Trades excludes all conditions, warranties, representations or other terms not expressly provided in these terms and conditions.
- To the extent permitted by law, Fleet Trades shall not be liable for (a) any indirect, incidental, exemplary punitive, or consequential damages of any kind whatsoever; (b) loss of profits, sales, revenue, data, use, goodwill, or other intangible losses; or (c) damages relating to your use of Fleet Trades’ products and services.
- The Customer agrees to indemnify Fleet Trades, and keep Fleet Trades indemnified against any action, liability, claim, loss, damage, proceeding or expense suffered or incurred by Fleet Trades from any third party arising in connection with the Customer’s use of products manufactured by Fleet Trades.
14. Force Majeure
- Fleet Trades is not responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including but not limited to, acts of God, government actions, strikes, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, accidents or breakdown ofmachinery.
- If any clause of these terms and conditions is found to be invalid or unenforceable under an applicable law, that clause should be excluded to the extent of the invalidity or unenforceability without affecting the rest of these terms and conditions.
16. Applicable Law
- These terms and conditions are governed by the laws of the Commonwealth of Australia and the State of Victoria. By ordering a product from Fleet Trades you submit to the jurisdiction of the courts of Victoria and Australia.