TERMS & CONDITIONS
REPRESENTATIONS
SEQ Campers Pty Ltd makes no representations that any of its Products are suitable or intended for anything other than recreational private use. In particular its Products are not designed and manufactured to standards suitable for commercial purposes, use in extreme weather conditions, use and travel over extremely rough terrain or for full time residential occupation.
Any representations, whether made expressly or impliedly, by SEQ Campers Pty Ltd prior to entering into this contract that its Products are suitable for any purpose other than for recreational private use in reasonable conditions are specifically excluded. SEQ Campers Pty Ltd agrees to sell and the Customer named below agrees to buy the Product described 1n this Reference Schedule and in accordance with the Representations and Terms & Conditions attached.
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.
These Terms and Conditions are to be construed as consistent with the Australian Consumer Law to the greatest extent possible. In the event of an inconsistency between part of these Terms and Conditions and the Australian Consumer Law, the part of these Terms and Conditions shall be severed to the extent necessary to remove the inconsistency.
- INFORMATION ABOUT US
1.1 SEQ Campers Pty Ltd (ACN 631 928 188) of 57 Coronation Street, Nambour, QLD 4650 is described in these Terms and Conditions and the Owners Manual as “we”, “our”, “us” and “SEQ Campers Pty Ltd” where the context permits.
- INFORMATION ABOUT YOU
2.1 You warrant that you have entered your name and address correctly into the Customer in the Reference Schedule, and are described in these Terms and Conditions as “you” and “your”.
- YOUR STATUS- BY PLACING AN ORDER WITH US, YOU WARRANT THAT:
3.1 You are legally capable of entering into binding contracts;
3.2 You are at least 18 years old;
3.3 You are not acting as an agent, trustee or representative for anyone else or any other entity unless you have expressly notified us of this relationship and it is recorded in the Reference Schedule.
- HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 Your completed and signed Purchase Contract constitutes an offer to purchase the product described in the attached Product Specification Sheet (“the Product”) from us. All orders are subject to acceptance by us in accordance with these terms and conditions If we accept your offer, we will sign the Purchase Contract and provide you with a copy. Our contract with you is made when we give you a copy of the fully signed Purchase Contract.
4.2 The Purchase Contract will relate only to the Product. We will not be obliged to supply any other products or make variations to the Product which are not specified in the Product Specification Sheet, although we may agree to variations upon request at our absolute discretion.
- INITIAL DEPOSIT, PURCHASE INSTALMENTS AND FINAL PAYMENT
5.1 The Initial Deposit is due and payable when you submit the completed and signed Purchase Contract to us.
5.2 The Purchase Instalments are due and payable within 7 days of our notice to you that the manufacture process has reached the stage specified in the Reference Schedule.
5.3 The Final Payment is due and payable by the earlier of the Scheduled Delivery Date, which is 7 days after you receive our notice to you that the Product is ready for delivery, or the date you take delivery. The Final Payment must be made before you take delivery and possession of the Product. Final Payment must be made by Bank Cheque or electronic funds transfer to our account. You do not have a right to take delivery until we confirm that cleared funds have been received into our bank account.
- DELIVERY
6.1 Our estimated delivery date is specified in the Reference Schedule. We make every effort to deliver our products within the estimated times, however delays may occasionally occur due to unforeseen circumstances and we shall not be liable for any delay or failure to deliver within the time estimated.
- LIMITATION OF LIABILITY
7.1 The Product will be at your risk from the time the Product Is loaded for delivery and departs in transit to your delivery address.
7.2 Ownership of the Product will only pass to you when we receive full payment of all sums due in respect of the Product, including variation costs, late payment fees and delivery charges, if applicable.
7.3 If delivery is of the Product is taken prior to full payment being received and ownership passing to you, you consent to SEQ Campers Pty Ltd registering a purchase monies security interest (“PMSI”) on the Personal Property Securities Register in accordance with the Personal Property Securities Act 2009 (Cth) (“PPSA”). You further agree to do all things reasonably necessary and required by SEQ Campers Pty Ltd to register and perfect the PMSI and not allow any third party to acquire any security interest in the Product while that PMSI remains in effect. To the extent permitted under the PPSA, you waive your rights to receive notices under section 95, 121(4), 130, and 157 of the PPSA.
7.4 Laws relating to ownership of the Product vary from State to State in Australia, and are subject to change from time to time. You are responsible for compliance with all laws relating to your use and ownership of the Product and to the full extent permitted by law, you release SEQ Campers Pty Ltd from all liability relating to your breach of any State or Territory laws, traffic legislation or regulations in force at any time.
7.5 To the greatest extent permissible at law and consistent with your rights under the Australian Consumer Law:
a) We shall not be liable for damage caused to the Product after you accept risk in the Without limiting the generality of this subparagraph, SEQ Campers shall not be liable for damage caused by misuse of the Product, weather events, third parties (whether by accident or intentional damage), or fare wear and tear;
b) We shall not be responsible or liable for, or bound by, representations made by third parties;
c) We shall not be liable for exemplary, aggravated, or consequential damages, or special damages of any Without limiting the generality of this subparagraph, and to the greatest extent permitted by law, our liability shall be limited to the purchase price of the Product; and
d) You acknowledge that you are responsible for the storage, maintenance, and use of the Product, and that if you fail to maintain and care for the Product this may result in damage to the Product which we will not be liable You further acknowledge that you are responsible for insuring the Product, and that you are responsible for ensuring the fitness of the towing vehicle for use with the Product.
7.6 In the event that a component originally incorporated in your Product requires replacement under warranty and that component is no longer available, you agree that we may substitute the most similar available component of at least equivalent quality
- PRICE AND PAYMENT
8.1 The price of the Product (inclusive of GST) will be as detailed in the Reference Schedule in Australian dollars (AUD).
8.2 The price excludes Variation Costs, delivery costs, credit card fees and late payment fees (if applicable) which will be added to the Final Payment we request from you.
8.3 Any prices listed on our website are liable to change at any time, but any price changes will not affect our Purchase Contract with you.
8.4 If you make any payment by credit card we may charge you an additional fee equal to the fee charged to us by our bank. If you have asked us to take payment from your credit card, we will take payment at the time we give you notice that a payment is due.
8.5 If you request a variation to the Product after this contract is made, and if we agree to offer the variation, we will notify you of the price for making such va1·iation (“the Variation Costs”). If you accept our offer to make the variation at the Variation Costs within the time we specify, then we will make the variation and the Variation Costs will be payable when the next progress payment becomes due.
8.6 If you do not pay any part of the Purchase Price or other costs you are liable to pay in full when due, you agree to pay interest at the rate of 1.5% per month calculated on a daily basis and compounding monthly on the amount of the overdue balance. Interest shall continue to accrue from the day after the payment was due until the date it is paid. This clause shall survive the termination of the contract for any reason. Nothing in this clause shall prejudice any of our other rights under this contract or at law.
8.7 If you do not pay any part of the Purchase Price when it is due, we may incur other costs for which you are liable, including but not limited to administrative costs, legal fees, court costs, storage costs, and costs associated with 1·emoval of modifications to the Product to make it saleable to a third party. We have the right to re-sell the Product to a third party and sue you for any deficiency in the sale price upon 1·esale.
8.8 If you default in observing any of these Terms and Conditions or choose to terminate the Purchase Contract prior to completion then without prejudice to any other rights and remedies, we may resell the Product with no liability to you and forfeit and retain any monies paid by you on account of the purchase price of the Product to a limit of ten percent (10%) of the Purchase price of the Product.
- WARRANTY CLAIMS
9.1 To make a warranty claim in respect of the Product, whether under the Manufacturer’s Warranty or under the Australian Consumer Law, first contact the dealer from whom you purchased the Product. The dealer will notify you of the information which they require to process your claim, which may include written statements, photographs, video footage, or reports from repairers.
9.2 Upon receipt of the information required in paragraph 9.1, the dealer may request further information, or may require your cooperation with a subject matter expert to assess the claim.
9.3 The dealer will notify you as soon as possible once they have decided whether to accept the warranty claim, reject the warranty claim, or to accept part and reject part of the warranty claim.
9.4 To the extent that a warranty claim is rejected, you will be provided with a statement of the reasons for that rejection. If you believe that the rejection is based on mistaken or incomplete information, you may give a written explanation as to the basis of that belief, and the dealer will consider that written explanation and may reconsider the decision if it is appropriate to do so.
9.5 To the extent that a warranty claim is accepted, a staff member of the SEQ Campers will contact you to discuss the provision of a remedy. Except in the case of a major failure within the meaning of the Australian Consumer Law, that remedy will be our choice of repair works, provision of replacement goods, or a refund.
9.6 Your rights under these Terms and Conditions to participate in this warranty claims process are in addition to and not in replacement of any rights you have to make claims under the Manufacturer’s Warranty or the Australian Consumer Law.
- NOTICES
10.1 All notices given by you to us must be given via email to us at sales@seqcampers.com.au or at any alternative email address that we advise you of. We may give notice to you at either the email or postal address stated in the Reference Schedule, or by posting the notice on our website. Notice will be deemed received and properly served immediately when posted on our website 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and in the case of an email, that such email was sent to the specified e-mail address of the addressee.
- TRANSFER OF RIGHTS AND OBLIGATIONS
11.1 This contract is binding on you and your successors, executors, administrators and permitted assigns. If you are more than one person the contract is binding on each of those persons and each of their respective successors, executors, administrators and permitted assigns. If you are more than one person you are each jointly and severally liable for your obligations in this contract.
11.2 You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior consent, which we may withhold at our absolute discretion.
11.3 We may transfer, assign, charge, sub-contract our rights and obligations in this contract, or any of our rights or obligations arising under it, at any time during the term of the contract. Without limitation,
- EVENTS OUTSIDE OUR CONTROL
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this contract that is caused by events outside our reasonable control (Force Majeure Event).
12.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in par
12.2.1 Strikes, lock-outs or other industrial action.
12.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
12.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster.
12.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
12.2.5 Impossibility of the use of public or private telecommunications networks.
12.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
12.3 Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period, however, if in our reasonable assessment a Force Majeure Event will cause a delay of more than six months to the delivery of the Product, then you shall have the right to terminate this Agreement such that we shall retain the deposit and any Instalment Payments you have already made, but you shall not become liable to make any further installation payments. We will notify you as soon as possible if we form the assessment that there shall be a delay of more than six months caused by a Force Majeure Event.
- WAIVER
13.1 If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
13.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
13.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 13 above.
- SEVERABILITY
14.1 If any of these terms and conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- ENTIRE AGREEMENT
15.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
- OUR RIGHT TO VARY THESE TERMS AND CONDITIONS AND THE PRODUCT
16.1 We have the right to revise and amend these terms and conditions from time to time in respect of variations to the Product or further enhancements, legal and regulatory changes, or operational needs.
16.2 In the event we are required to alter or modify the Product by law or governmental authority before we deliver the Product, you may not object to such alteration or modification nor delay payments due under this contract.
- LAW AND JURISDICTION
17.1 Contracts for the purchase of products through our site will be governed by Queensland law. Any dispute arising from, or related to, such contracts shall be subject to the non-exclusive jurisdiction of the courts of Queensland.