Term & Conditions of sale and orders
Reservation of Title – You acknowledge and agree:
a) Whilst risk and physical possession of goods delivered to you by Australian Loadmaster Trailers passes to you on the date of purchase, title over said goods shall only pass to you when Australian Loadmaster Trailers has received payment in full for said goods. Registration of a trailer does not grant you title.
b) Any orders placed that are cancelled and payments made on that order may be non-refundable, as most are specially ordered items, items that are specially ordered and part of a order is cancelled them the customers will be responsible for any re stocking cost or the full cost of what our suppliers charge us. Some part are non-returnable. A 20% restocking fee applys on most items.
c) Until such time as payment in full is received by Australian Loadmaster Trailers, its agent or employee, Australian Loadmaster Trailers may, at its absolute discretion, call for and/or recover the goods (for which purpose you consent to Australian Loadmaster Trailers, by means of its agents or employees, entering your premises for the purpose of said recovery) and you, if so directed, shall deliver up the goods, in good order and condition, forthwith to Australian Loadmaster Trailers in lieu of payment in full;
d) Where Australian Loadmaster Trailers has not been paid in full for goods, then until payment in full has been received (including an account keeping charge of $15 per month and interest at a finance charge of 1.5% per month that have been accrued.) and you shall only keep the goods in your possession as fiduciary for Australian Loadmaster Trailers; and
e) Where Australian Loadmaster Trailers has not been paid in full for services, then until payment in full has been received (including an account keeping charge of $15 per month and interest at a finance charge of 1.5% per month that have been accrued.)
f) If not withstanding that title over the goods has not passed to you and you have sold said goods to a third party or parties, you do so solely as a trustee for Australian Loadmaster Trailers and all proceeds (which shall be kept separately) and/or any goods or property purchased with such proceeds shall be held on trust for Australian Loadmaster Trailers and you shall assign to Australian Loadmaster Trailers your claim for payment against the said third party or parties (if any) upon being given written notice to that effect by Australian Loadmaster Trailers (and to give this effect you irrevocably appoint Australian Loadmaster Trailers as your attorney in this matter).
g) Any dispute whatsoever arising either directly or indirectly out of this contract shall be determined according to the laws of South Australia and all proceedings arising from this contract shall be heard and determined in South Australia.
h) Any legal action taken for enforcement of recovery of monies may be taken out under the jurisdiction of a court in the State of South Australia at the absolute discretion of Australian Loadmaster Trailers and the customer hereby consents to any such proceedings being heard in any such court where action is commenced by Australian Loadmaster Trailers.
i) The Customer shall pay to Australian Loadmaster Trailers on demand all costs and expenses, including legal expenses, incurred by Australian Loadmaster Trailers in the collection of any overdue account and/or the recovery of the goods pursuant to the powers herein contained.
j) Australian Loadmaster Trailers may assign any of its rights arising under this document without the consent of the Customer, but the Customer may only assign its rights, or any of them, arising under this document with the prior written consent of Australian Loadmaster Trailers.
k) All debts over 60 days will be passed to debit collection agency if prior arrgments are not made and all fees and charges that they charge you (the customer) will be liable for. Unless a written agreement has been reached.
Australian Loadmaster Trailers
16 Pitt Street,
P.O. Box 214, Georgetown, S.A. 5472.