Terms & Conditions for buying products

Part A | For When You Buy Products

1. SUBMITTING AN ORDER

a. By submitting an order for the purchase of a Product (Order) you represent and warrant that:

ii. you are authorised to use the debit or credit card you provide with your Order; and

2. PRODUCTS 

 a. We will endeavour to ensure that the Products provided will be substantially the same as the Products agreed with you in writing prior to you placing your Order. 

b. Until the price of your Products is paid in full, the title of those Products is retained by the Company. Risk in the Products will pass to you on delivery in accordance with clause 7. Delivery must not be refused by you.

3. SPECIAL ORDERS AND MODIFICATIONS

a. We may in our sole discretion accept special orders or orders for modifications on our Products (Modified Products).

b. Unless otherwise agreed in writing, and to the fullest extent permitted by law, we make no warranties as to the suitability of the Modified Products for any particular purposes. 

c. Nothing in this clause is intended to limit your rights under the Australian Consumer Law. 

4. REGISTRATION

We may offer an additional service to arrange for a Product to be registered for a fee (Registration). 

a. Registration for all states outside of New South Wales can be arranged by the following options:

i. (Transport Permit) we will obtain a permit to transport the Vehicle interstate to your location. Upon arrival to the location, you will be solely responsible to obtain registration of the Product within your State or Territory before the expiry date of the transport permit; or

ii. (InTraffic) registration can be obtained from MR PD & R PTY LTD ABN 98 624 058 279 trading as inTraffic (InTraffic), and InTraffic’s terms and conditions available here will apply in addition to these Terms. 

b. If your Order includes Registration then:

i. You are responsible for any fees in transferring registration to your name; 

ii. You are responsible for all additional fees in respect of renewals and ongoing registration and insurance costs; and 

iii. You must comply with all laws in arranging the Product’s Registration to be transferred into your own name.

We make no warranties that the Product is suitable for use or registration in a State or Territory outside of New South Wales, Australia. 

5. APPLICABLE LAWS

a. You are solely responsible for complying with all laws, regulations and orders with respect to the use and operation of the Product. This includes without limitation the Light Vehicle Agricultural and Load Exemption Order 2019 (Order) accessible on www.transport.nsw.gov.au for applicable Products being operated in New South Wales, Australia.

1. If the Product is covered under the Order then you must:

i. operate the Product only on permitted routes and travel zones as set out in the Order;

ii. comply with dimension limits and operating conditions as set out in the Order;

iii. display and use such warning devices on the Products as are required (including lights and signage) as set out in the Order;

iv. operate the Product only within permitted conditions (including weather conditions and visibility conditions) as set out in the Order; and

v. carry goods and loads in accordance with the Order.

c. While we may provide you with warning signage to display on the Products, you acknowledge and agree that you are solely responsible for ensuring your compliance with applicable laws, regulations and orders when using the Products. If you are uncertain of your compliance obligations, you should seek legal advice. We make no warranties that any warning devices we provide you are compliant with such applicable laws, regulations and orders.

d. If the Product is to be operated in a State or Territory outside of New South Wales, Australia, you will need to comply with the laws, regulations and orders applicable to that State or Territory.

e. Please note any laws, regulations and orders set out in these terms or otherwise made known to you, are provided as general guidance only, and are non-exhausted. You are solely responsible for ensuring compliance.

6. PAYMENT

a. All prices are:

i. per unit (except where indicated);

ii. in Australian Dollars; and

iii. subject to change prior to you completing an Order without notice.

b. (Deposit) Unless otherwise agreed in writing, you must pay a 50% deposit of the total amount payable for your Order (Deposit) at the time you place your Order.  

c. (Invoice) Upon completing the preparation of your Order, we will issue you with an invoice for the price payable for your Order including any delivery costs (Order Fee) less any Deposit already paid. 

d. (Payment obligations) Unless otherwise agreed in writing, you must pay the Order Fee in full prior to delivery of your Order and in accordance with all payment terms set out in the relevant invoice and we may withhold delivery of the Products until the Order Fee has been paid.

e. (GST) Unless otherwise indicated, amounts stated on invoices are inclusive of GST. 

f. (Card surcharges) The Company reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

g. (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payments for Products. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.

h. (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.

 DELIVERY AND SHIPPING

a. (Delivery Costs) Delivery costs will be as advised by us and you must pay them to us prior to delivery if requested by us.  

b. (Delivery Details) The Company may charge you for delivery at any time (notwithstanding that it may not have previously done so). Where prices are stated as inclusive of delivery:

i. delivery is to the delivery point specifically accepted by the Company; and

ii. we will deliver the Products to you in accordance with the shipping information provided. 

c. (Delivery Issues) Third-party courier terms apply to the delivery of the Products to you. Any problems with delivery should be directed to us to troubleshoot the issue. We will endeavour to assist you to ensure your delivery arrives. All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.

d. (International Orders) The Company reserves the right to refuse international orders. Approved international orders may be subject to customs and import duties upon reaching its country of destination. You will be responsible for paying all customs and import duties and acknowledge that failure to pay may result in your order being held at customs. We will not be liable for any costs you may incur in having your order released from customs, including reimbursing you for any customs or import duties you may pay.

8. CHANGES TO YOUR ORDER

a. CANCELLATION BY US
We reserve the right to cancel your Order where we are unable to supply the products and will notify you of this as soon as possible.     Where payment has already been debited, the full amount will be credited back to your original method of payment.

b. CANCELLATION BY YOU
You may not cancel your Order for any reason. 

c. RETURNS AND EXCHANGES

i. We do not offer change-of-mind returns.

ii. We will provide a full refund of the price paid for a Product if we determine that:

A. a Product you have ordered was not received by you solely due to failure by us; or

B. a Product is faulty, in accordance with clause 8.3(c), in which case we may provide store credit, a replacement or a full refund of the price paid for a Product.

iii. The following process applies to any Product you believe to be faulty.

A. If you believe your Product is faulty, please contact us and provide a full description of the fault (including images).

B. we determine that your Product may be faulty, we will request that you send the Product back to us at your cost for further inspection, including any accessories, manuals, documentation or registration shipped with the Product. We reserve the right to further inspection before deeming a Product faulty.

C. we determine in our reasonable opinion that the Product is not faulty, or is faulty due to fair wear and tear, misuse, failure to use in accordance with the manufacturer’s instructions, or failure to take reasonable care, we will refuse your return and send the Product back to you at your cost.

D. If we determine that the Product is faulty, we will issue you with a store credit, replacement or refund (including shipping costs) depending on the nature of the fault. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.

E. If you fail to comply with the provisions of clause 8 in respect of a faulty Product, we may, in our absolute discretion, issue only a partial refund or no refund in respect of the faulty Product.

F. Nothing in this clause 8 is intended to limit or otherwise affect the operation of any manufacturers’ warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law (Faulty products). The following process applies to any Product you believe to be faulty

9. MANUFACTURER WARRANTIES
Products we sell may covered by a manufacturer's warranty. You can see the details of the relevant manufacturer warranty, including registering your Product for such warranty, here: https://www.futuratrailers.com/my-futura

10. INTELLECTUAL PROPERTY

a. The Company retains all intellectual property rights in the design of the Products, including the labelling and packaging, or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Products.

b. In this clause, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.

11. THIRD-PARTY SUPPLIERS

a. We may do any of the following:

i. outsource any part of performing any services related to providing the Products, including delivery or registration of your Products; or

ii. procure materials and Products from third-party suppliers, without further notice to or permission from you. 

b. To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay or damage to any part of your Order or are negligent in providing services or goods.

PART B | Liability And Other Legal Terms

1. LIABILITY

a. (Liability) To the maximum extent permitted by applicable law, the Company limits all liability in aggregate of all claims to you (and any third parties who encounter the services or goods through you) for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this agreement or any goods or services provided by the Company to the total Fees paid by you to the Company under the most recent Order.

b. Claims for loss of or damage to Products in transit must be made against the carrier.

c. Products sold by the Company will have only the benefit of any warranty given, and insurance held, by the manufacturer.

e. All other express or implied representations and warranties in relation to Products and the associated services performed by the Company are, to the maximum extent permitted by applicable law, excluded.

f. Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.

g. (Indemnity) You indemnify the Company and its employee, contractors and agents in respect of all liability for any claim(s) by any person (including any third party who encounter the services or goods through you) arising from your or your representatives:

i. breach of any third party intellectual property rights;

ii. breach of any of these terms;

iii. negligent, wilful, fraudulent or criminal act or omission; or

iv. use of any goods or services provided by the Company.

h. (Consequential loss) To the maximum extent permitted by law, under no circumstances will the Company be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with these terms or any Products or services provided by the Company (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

2. GENERAL

a. GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applied in New South Wales. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

b. WAIVER
No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

c. SEVERANCE
Any term of these terms that is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms are not limited or otherwise affected.

d. JOINT AND SEVERAL LIABILITY
An obligation or liability assumed by, or a right conferred on two or more persons binds or benefits them jointly and severally.

e. ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.

f. COSTS
Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.

g. ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.

h. INTERPRETATION

i. (singular and plural) words in the singular include the plural (and vice versa);

ii. (currency) a reference to $, or “dollar”, is to Australian currency;

iii. (gender) words indicating a gender include the corresponding words of any other gender;

iv. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

v. (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, a consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

vi. (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

vii. (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;

viii. (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;

ix. (headings) Headings and words in bold type are for convenience only and do not affect interpretation;

x. (includes) the word “includes” and similar words in any form is not a word of limitation; and

xi. (adverse interpretation) no provision of these terms will be interpreted adversely by a party because that party was responsible for the preparation of these terms or that provision.

3. NOTICES 

a. Any notices required to be sent under this agreement must be sent via email using the party’s email addresses set out in this agreement, and the email’s subject heading must refer to the name and date of this agreement. 

b. If no email address is stated in this agreement, the notice may be sent to the email address most commonly used by the parties to correspond in relation to this agreement at the time the notice is sent. 

c. The notice will be considered to be delivered 24 hours after it was sent unless the sender has reason to believe the email failed to be sent or was otherwise not delivered or received.