Terms and Conditions ("Terms")

Please read these terms and conditions carefully before purchasing our Goods and Services.

Interpretation and Definitions

1. Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions.
The following definitions shall have the same meaning regardless of whether they appear in singular or in
plural.

2. Definitions

For the purposes of these Terms and Conditions:

● “Account” means a unique account created for You to our Services / Goods or parts of our Service
and or Goods.
● “ACL” means the Australian Consumer Law.
● “Collateral” means the meaning given under the PPSA and in particular for the purposes of these Terms and Conditions the personal property that is not used predominately for personal, domestic or household purposes to which the Security Interest has attached.
● “Company” (referred to as either "Company", "We", "Us", "Our" or “Seller” in this Agreement) refers to Elite Trailers which is the registered business name for business Entity: Elite Holdings Australia 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 Section 4.
● “Country” refers to Australia.
● “Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
● “Deposit” means the Deposit described in the Purchase Order / Invoice.
● “Goods” (referred to as either "Goods" or "Products" in this Agreement) means any Trailer or any part of the Trailer or any other goods supplied to the Customer by Elite Trailers.
● “Grantor” has the same meaning as given in the PPSA and for the purposes of these Terms and Conditions means Elite Trailers.
● “Invoice” means a tax invoice issued by Elite Trailers to the Customer specifying the Price and any ancillary costs payable by the Customer to Elite Trailers for the Goods or Services.
● “Order” (referred to as either "Orders" or "Purchase Orders" in this Agreement) mean a request by You to purchase Products from Us.
● “PMSI” means a purchase money security interest under section 14 of PPSA.
● “PPSA” means the Personal Property Securities Act 2009 and its Regulations.
● “Price” means the price payable in respect of the Goods or Services, as specified in the Purchase Order or Invoice or both.
● “Promotions” refer to contests or other promotions offered through the Company.
● “Security Interest”: has the same meaning as given in the PPSA.
● “Secured Party” means Elite Trailers.
● “Quotation” (referred to as either "Quotation" or "Quote" in this Agreement) means a quote submitted by Elite Trailers to the Customer specifying the Price.
● “Terms and Conditions” (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the purchase of Goods and Services.
● “Warranty” means the manufacturer’s warranty, a copy of which is available on the Elite Trailers website.
● “Website” refers to www.elitetrailers.com.au.
● “You” (referred to as either "the You" or "Customer" or “Buyer” in this Agreement) means the individual / Business described in the Purchase Order / Invoice requesting Our Goods or Services, or the company, or other legal entity on behalf of which such individual is accessing or using Our Goods or Services, as applicable.

3. Acknowledgment

3.1 These are the Terms and Conditions governing the sale of Our Goods and Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users.
3.2 Your access to Our Goods and Services is conditioned on Your acceptance of and compliance with these Terms and Conditions.
3.3 By using Our Company, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access Ours Products, Goods or Services.
3.4 You represent that you are over the age of 18. The Company does not permit those under 18 engage in business with Us.
3.5 Your access to and use of Our Goods and Services is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when required. Please read Our Privacy Policy carefully before using Our Service.
3.6 Elite Trailers and the Customer acknowledge that the Contract constitutes the entire agreement between them, and that the only enforceable obligations and liabilities of Elite Trailers and the Customer in relation to the subject matter of the Contract are contained herein and in the Consumer Guarantees.
3.7 All representations, communications and prior agreements are superseded by these Terms.

4. Placing Orders for Products

4.1 By placing an Order for Products through Us, You warrant that You are legally capable of entering into binding Contracts.
4.2 Upon Elite Trailers 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.

4.3 The Customer must pay the Price in the manner and on the due date set out in the Purchase Order.
4.4 If the Customer fails to make payment of any amount of the Price on the due date, no Orders will be fulfilled into manufacturing and funds will remain in the accounts of Elite Trailers.
4.5 The Customer may not set off against the Price any amounts due from Elite Trailers.
4.6 Outstanding balances are due at time of invoice and payable as per the instructions on the invoice in order for the Order to progress. Any delays will result in overall delivery delays as per Section 6.
4.7 Any variations, changes or modifications requested post Purchase Order by the Customer will be subject to cost variations if feasible. Impacts on delivery may also apply as per Clause 6.6.
4.8 Elite Trailers may sub-contract all or any part of its rights and obligations under any Contract without the Customer’s consent.

5. Deposit

5.1 If the Purchase Order includes provision for payment of a Deposit, then Elite Trailers is not required to commence work or supply any Goods until the Deposit has been paid in full as per Clause 4.4; and
5.2 The Deposit is immediately released to Elite Trailers, and the Customer is not entitled to a refund of the Deposit.

6. Deliveries

6.1 Elite Trailers 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 Elite Trailers. The Buyer must make all arrangements necessary to take delivery of the Goods whenever they are offered for delivery and holdings costs may be applicable otherwise. Elite Trailers is not responsible for any damage to the Goods if delivery is requested to another location outside of Elite Trailers premises or holding facilities.
6.2 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.
6.3 Unless otherwise agreed payment of all invoices must be made in full prior to delivery of manufactured goods or return of repaired goods.
6.4 The Goods (which includes components in the case of a repair) supplied by the Elite Trailers to the Buyer shall remain the sole and absolute property of the Elite Trailers as legal and equitable owner, and property and title to the Goods shall not pass from the Seller to the Buyer, until the Buyer has paid for the Goods in full whether or not the Goods are incorporated in or used as material for other goods.
6.5 Elite Trailers 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, the Customer may not cancel the whole or part of an order or claim compensation due to Elite Trailers failure to comply with its delivery requirements.
6.6 Where an Order has been subject to any variations, changes or modifications post Purchase Order, Elite Trailers will use all reasonable endeavours to meet the Customer’s delivery requirements, however, Company reserves the right to delay delivery without any penalties or damages to the Buyer to meet the requested change and shall advise in writing the impacts.
6.7 If for any reason beyond the control of Elite Trailers, 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, Elite Trailers is not required to supply the Goods to the extent and for the period that it is so unable to supply the Goods, and Elite Trailers is not liable to the Customer in respect of any inability on its part to perform its obligations. In the event of Force Majeure, Elite Trailers will notify the Customer in writing and advise on the impacts, plan and way forward with the option to terminate the Contract if necessary.
6.8 Elite Trailers shall be entitled to extensions of time for delivery of the Goods should We experience any of the items listed in Clause 6.6. Furthermore, We Shall not be liable for penalties or damages to the Buyer.
6.9 The Customer agrees that it must promptly sign any further documents and provide any further information which Elite Trailers may reasonably require to register or deliver the Goods.
6.10 Risk in the Goods passes to the Customer upon the Goods being dispatched or collected. The Customer accepts all risk involved in the use and possession of the Goods.
6.11 Once the risk of loss or damage to the Goods passes to the Buyer in accordance with Clause 6.8, the Goods Shall be at the Buyer’s risk absolutely and the Buyer Shall be responsible for obtaining insurance cover against all possible risk and contingencies.

7. Order Cancellation

7.1 We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
a. Products availability;
b. Errors in the description or prices for Products;
c. Errors in Your Order;
d. Payments not received within requested timeframes as per the Order / Invoice.
7.2 We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
7.3 In the event Elite Trailers cancel Your Order due to not receiving payments by the Buyer to progress manufacturing, the Buyer will forfeit their Deposit and Elite Trailers will take ownership of Your Order.
7.4 Any of the above Clauses will be notified in writing.

8. Your Order Cancellation Rights

8.1 Any Products you purchase cannot be returned or refunded once an Order has been placed.
8.2 If you wish to cancel an order, you must inform Elite Trailers in writing.
8.3 In the scenario of Clause 8.2, you will not be obligated to pay out any outstanding balances, however, Your Deposit will be forfeited and Elite Trailers will take ownership of Your Order.

9. Prices Policy

9.1 The Company reserves the right to revise its prices at any time prior to accepting an Order.
9.2 The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order within 5 business days of notice.

10. Payments

10.1 Payment must be made according to the Invoice or Purchase Order details.
10.2 A purchase on credit will entitle the Seller to register a financing statement in respect of;
a. a PMSI under PPSA;
b. an all-monies Security Interest;
c. any other Security Interest permitted under the PPSA.
10.3 The expiry date of and Security Interest created shall be following payment of the goods in full.
10.4 A PMSI granted in favour of the Seller will continue to apply to any Goods coming into existence or proceeds of sale of goods coming into existence.
10.5 The seller will continue to hold a PMSI despite the Goods being processed, commingled or incorporated in other goods.
10.6 A PMSI will be a continuing and subsisting interest in the Goods with priority to the fullest extent permitted by law over all other registered or unregistered security interests.
10.7 Sections 96, 125 and 132(3)(d) and 132(4) PPSA do not apply to any security agreement created with the Seller.
10.8 The buyer waives its rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
10.9 The Buyer waives its rights as a grantor and/or a debtor under sections 142 and 143 PPSA.
10.10 Unless otherwise agreed in writing by the seller, the Buyer waives its right to receive a verification statement in accordance with s.157 PPSA.

11. Repossession of Goods

11.1 Elite Trailers may at any time without the need to give notice to the Buyer take possession of all Goods (which includes components in the case of a repair) which remain the property of the Seller and for that purpose, the Buyer hereby irrevocably:
a. authorizes the Seller to enter any premises where the Seller’s Goods are or may be situated and to use such reasonable force as may be required to enter any such premises, including the breaking of locks or chains which secure the premises;
b. authorizes the Seller to remove the Goods from any equipment of the Buyer even if this renders the Buyer’s goods useless;
c. undertakes to the Seller to procure the consent of any person having any interest in the premises where the Seller’s Goods are or may be situated to entry of those premises by the Seller, and
d. indemnifies the Seller against any cost or expense of all claims, actions or suits whatsoever arising from the entry by the Seller into or upon any premises where the Seller’s Goods are or may be situated, for purposes of the Seller taking possession of its goods pursuant to this clause.
e. The rights of Elite Trailers existing under these terms and conditions exist in addition to the rights it has under Chapter 4 of the PPSA.

f. The Buyer agrees that repossession and retention of Goods pursuant to the PPSA will only satisfy so much of the amounts owing by the Buyer to Elite Trailers as is equivalent to Elite Trailers estimation of the market value of the Goods as at the date of repossession, and the repossession and retention will immediately extinguish any rights or interest the Buyer has in the Goods.

12. Disputes and Claims

12.1 If You have any concern or dispute about Our Products, You agree to first try to resolve the dispute informally by contacting the Company within 7 business days of the delivery of such notice.
12.2 If the Dispute is not resolved within the next 10 business days, either party may refer the Dispute to mediation in accordance with, and subject to, the mediation rules of the Australian Commercial Disputes Centre (ACDC).
12.3 If neither party refers the dispute to mediation within 24 business days of delivery of the initial notice of the Dispute, either party may commence court proceedings in respect of the Dispute.
12.4 The Customer is bound by the Warranty and must promptly notify Elite Trailers in writing of any defects in the Goods and must not perform or cause to be performed any work or repairs without the express permission of Elite Trailers in the event of a warranty claim or claim under the Consumer Guarantees.
12.5 Elite Trailers is not obligated to honour the Warranty Policy for any Goods manufactured by Elite Trailers 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.
12.6 Elite Trailers 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.
12.7 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, Elite Trailers is not required to honour any warranty obligations, regardless if the Goods are still within an eligible Time Period (24 months from date of delivery of Goods on structure, 12 months on removable / bolted items). Warranty is only eligible to Goods under ownership of the Customer as stated in the Purchase Order.
12.8 The Customer agrees that it must pay to Elite Trailers on demand any expenses, fees and disbursements incurred by Elite Trailers in recovering any amount owing to it by the Customer, including any reasonable debt collection agency fees and legal expenses and any costs incurred by Elite Trailers in respect of any order cancelled by the Customer.
12.9 The Contract between Elite Trailers and the Customer is made in the State of Western Australia, and the parties agree to submit all disputes arising between them to the courts of such State.

13. Limitation of Liability

13.1 Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Company.
13.2 To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use our Goods and Services, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages.

14. Indemnity

14.1 The Customer agrees to indemnify Elite Trailers against any liability, loss, claim or expense arising from the Customer’s breach of the Contract or from its use of the Goods including, without limitation, any damages resulting from negligence, mistake, omission or failure of performance, whether or not resulting from any act of Elite Trailers or its agents.

15. Termination

15.1 We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
15.2 Upon termination, Your right to use our Goods and Services will cease immediately.

16. Promotions

16.1 Any Promotions made available through Us may be governed by rules that are separate from these Terms.
16.2 If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

17. Intellectual Property

17.1 Our Goods and Services, features and functionality are and will remain the exclusive property of the Company.
17.2 Our Products are protected by copyright, trademark, and other laws of both the Country and foreign countries.
17.3 Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
17.4 The Customer is solely responsible for any infringement of the intellectual property rights of any third party resulting from the Customer’s use of the Goods, and the Customer must indemnify Elite Trailers for any costs, expenses, damages or liability incurred by Elite Trailers arising from any such infringement.

18. Your Information

18.1 If You wish to place an Order for Products or Services, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
18.2 You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.
18.3 By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

19. Changes to These Terms and Conditions

19.1 We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
19.2 By continuing to access or use Our Goods and Services after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, We will not be able to provide Your Goods and Services.

20. Contact Us

If you have any questions about these Terms and Conditions, You can contact us:
● By sending us an email: admin@elitetrailers.com.au