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Terms and Conditions

Background

The Supplier has agreed to supply, and the Customer has agreed to receive, the Goods and Services.

These conditions constitute the terms of the agreement under which all supplies by the Supplier are to be made to the Customer.

1.Definitions

In these conditions, unless expressed or implied to the contrary:

  • Conditions means together  these Terms and Conditions, the Invoice, and any additional terms and conditions which the Supplier includes on the Invoice.
  • Consumer Guarantees means the guarantees relating to the supply of goods and services contained in the Australian Consumer Law which is contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
  • Credit Application means the Supplier's form of credit application as set out above and amended from time to time by which a prospective Customer may apply for credit with the Supplier.
  • Credit Account means an account granted to the Customer following approval of a Credit Application which allows the Customer to pay for the Goods and Services on credit.
  • Goods means any goods supplied by the Supplier to the Customer., including new and used motorcycles, accessories and parts.
  • Invoice means the tax invoice for Goods and/or Services issued by the Supplier to the Customer.
  • Services means any services provided by the Supplier to the Customer, including service and repair of motorcycles.
2. Sale
    • The Supplier agrees to sell and the Customer agrees to purchase Goods and/or Services from the Supplier at the price set out in the Invoice, subject to these Conditions.

 

3. Prices
    • The price of the Goods quoted by the Supplier is valid for acceptance as at the date of quotation only. The Supplier reserves the right to alter the price of the Goods and the pricing levels charged to the Customer at any time without prior notice, if the quote is not accepted on the day.
    • The price of the Goods is ex-warehouse. The Customer is liable for all packing, freight and insurance costs.
    • Unless otherwise stated price of the Goods quoted by the Supplier is exclusive of Goods and Services Tax (GST).
    • The price of all Goods supplied by the Supplier to the Customer is payable in advance or where a Trade Credit Application is approved by the Supplier, as provided for under clause 4.
Credit Facilities
A Credit Account will only be available to the Customer if the Customer has completed a Credit Application, which the Supplier then processes and approves. Until that time, payment for all sales of the Goods and Services will be strictly Pby cash on delivery.ayment upfront.
Payment for the Goods and Services supplied on an approved Credit Account granted to the Customer in accordance with clause 4.1 must be received by the Supplier within 30 days of statementof Invoice. Any amount  outstanding beyond 30 days may be subject to an interest charge equal to the Reserve Bank of Australia’s official cash rate as at the Invoice is due, plus 2%, per month calculated on a daily basis.
The Supplier may terminate the Customer's Credit Account at any time, whereupon payment of the balance of the Credit Account must be made within 30 days from the date the Credit Account was terminated, and all subsequent payment for all sales of the Goods and Services will be strictly by cash on deliveryPayment upfront..
The Customer acknowledges that where Invoices are not paid the Supplier holds a lien over any motorcycle or Goods belonging to the Customer which are in the Supplier’s possession (including in circumstances where Services are provided in respect of a motorcycle).

 

5. Delivery
    • The delivery times made known to the Customer are estimates only and Tthe Supplier is not liable to the Customer for any late or non-delivery of the Goods or Services.
    • The Supplier may at its option deliver the Goods to the Customer in any number of instalments. 
    • The Customer must inspect the Goods and Services upon delivery of the Goods or completion of the Services and will, within 5/7 days, notify the Supplier of any defects, short deliveries or any failure to fulfil any quotation or order.
    • The Customer will, within a reasonable time following delivery of the Goods or completion of the Services, grant the Supplier access to the Goods in order to inspect for any alleged defects.
    • If the Customer fails to notify the Supplier within the period specified in clause 5.2, then the Goods and Services will be deemed to be in compliance with the order and free from any defect or shortage.
    • The Supplier may cancel the delivery of Goods or Services at any time before delivery of the Goods or completion of the Services by giving notice to the Customer. The Supplier will not be liable for any loss or damage, including any consequential loss or damage, arising from such cancellation.
    • The Customer may cancel the delivery of Goods or Services at any time before delivery of the Goods or completion of the Services by giving notice to the Supplier. In the event that the Customer cancels delivery, the Customer will be liable for any costs incurred by the Supplier up to the time of the cancellation including, but not limited to, any re-stocking and re-deployment fees incurred by the Supplier.

 

6.Title and risk
    • The Customer agrees that until payment of all moneysMonies owing to the Supplier, together with all collection, repossession and/or legal costs incurred, the Goods remain the property of the Supplier.
    • Until the Customer has paid all moneysMonies owing to the Supplier:
      • the Goods are held by the Customer as bailee of the Supplier; and
      • the Customer must store the Goods separately and so that they are readily identifiable as the property of the Supplier.
    • If the Customer does not pay any amount that it owes to the Supplier as and when that amount falls due to be paid, the Supplier may:
      • enter upon any premises where the Goods are held and remove those Goods, including by its agent appointed for this purpose; and
      • sell or retain any Goods in the Supplier's absolute discretion and apply the net proceeds from any such sale against any amount owed by the Customer to the Supplier.
    • The risk of any loss or damage to the Goods passes from the Supplier to the Customer on delivery of the Goods to the common carrier, who is deemed to be an agent of the Customer.  The Supplier is not responsible to the Customer or any person claiming through the Customer for any loss or damage to the Goods in transit caused by any event of any kindthe earlier of the time the Supplier dispatches the Goods to the Customer's nominated address, or the Customer collects the Goods.
    • Pending payment in full for the Goods, the Customer:
      • must not supply any of the Goods to any person outside of its ordinary or usual course of business; and
      • must insure the Goods for their full insurable or replacement value (whichever is the higher) with an insurer licensed or authorised to conduct the business of insurance in the place where the Customer carries on business (and provide evidence of such insurance to the Supplier).

If the Supplier exercises a lien referred to in clause , or if the Customer does not collect a motorcycle or Good within 2 days from the time it is ready for collection, a storage fee of $25.00 per day will apply.

6.5.2     If the Supplier cannot contact the Customer using reasonable efforts, or the Customer does not collect a motorcycle or Good or discharge any lien the Supplier holds referred to in clause 3.4, within 3 months from the time the motorcycle or Good is ready for collection, the Supplier is entitled to sell or dispose of the motorcycle or Good by any reasonable method at the Customer’s expense without any further notice. The Supplier will apply the proceeds of the sale or disposal to the sums the Customer owes the Supplier and return the balance to the Customer. If the proceeds received from the sale or disposal are not sufficient to discharge the amounts the Customer owes the Supplier, the outstanding amounts will be owed by the Customer to the Supplier as a debt. After such sale or disposal of the motorcycle or Good the Supplier will be discharged from any liability whatsoever in respect of the motorcycle or Good.

7.Security Interest
    • Terms that are defined in the Personal Property Securities Act 2009 (Cth) (PPSA) have the same meaning in this clause.
    • The Customer agrees and acknowledges that, for the purposes of the PPSA, the Supplier has a security interest in the Goods and in any right in relation to or derived from the Goods including:
      • in any proceeds from, including without limitation any receivables of the Customer as a result of, the disposal of the Goods or any part of them; and
      • any product manufactured or created by using the Goods or any part of them.
    • The Supplier may register its security interest under this clause 7, including as a purchase money security interest.
    • The Customer agrees that, until all monies owing to the Supplier are paid in full, it will not sell or grant any other security interest in the Goods.
    • The Customer agrees that the Supplier may, at its absolute discretion, apply any amounts received from the Customer toward amounts owing to the Supplier in such order as the Supplier may determine.
    • The Customer waives the right to receive a verification statement or a financing change statement under the PPSA.
    • To the extent permitted by section 115 of the PPSA, the parties contract out of all of the provisions of Chapter 4 of the PPSA.
  • Insolvency
    • If the Customer commits an act of bankruptcy or has a receiver, receiver and manager, administrator or controller appointed over any of its assets or goes into liquidation (including provisional liquidation) or any similar event occurs, without affecting any rights of the Supplier:
      • the Supplier is entitled by written notice to the Customer to terminate these Conditions. On termination, the Supplier is not obliged to supply the Goods; or
      • where Goods have already been delivered to the Customer, the Supplier is entitled to enter any premises to retake possession of the Goods.
    • The Customer must indemnify the Supplier on demand from and against any claim it may suffer or liability it may incur in retaking possession of the Goods under clause 8.1.2 and arranging their resale.
  • Liability
    • Subject to clause 9.3, and except as expressly provided to the contrary in these Conditions, all guarantees, terms, conditions, warranties, undertakings, inducements or representations whether express or implied, statutory or otherwise, relating to these Conditions or its subject matter are excluded to the maximum extent permitted by law.
    • Nothing in these Conditions excludes, restricts or modifies any right or remedy, or any guarantee, term, condition, warranty, undertaking, inducement or representation, implied or imposed by any legislation which cannot lawfully be excluded or limited.  This may include the Consumer Guarantees.
    • Where the Supplier is not able to exclude a guarantee, term, condition, warranty, undertaking, inducement or representation imposed by legislation in relation to these Conditions, (Non-Excludable Provision), and the Supplier is able to limit the Customer’s remedy for a breach of the Non-Excludable Provision, then the Supplier’s liability for breach of the Non-Excludable Provision is limited to (at the Supplier’s election): (a) in the case of goods, the repair or replacement of the goods or the supply of substitute goods (or the cost of doing so); or (b) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
    • Subject to the Supplier’s obligations under the Non-Excludable Provisions and to the maximum extent permitted by law, the Supplier’s maximum aggregate liability for all claims under or relating to these Conditions or its subject matter, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity, is limited to an amount equal to the fees paid by the Customer under these Conditions.
    • Subject to clause 9.3, the Supplier is not liable to the Customer or any other person for any indirect, special or consequential loss or damage or loss of profits due to any neglect or default of the Supplier in connection with the performance of the Supplier's obligations under these Conditions or otherwise.
    • The Customer must indemnify the Supplier on demand from and against any claim it may suffer or liability it may incur relating to or arising out of or in connection with:
      • any breach by the Customer of these Conditions;
      • any claims by a third party in respect of personal injury, death or damage to property, whether or not they relate to a fault in the Goods or Services.
  • General and Interpretation
    • A single or partial exercise or waiver of a right relating to these Conditions does not prevent any other exercise of that right or the exercise of any other right.
    • These Conditions are governed by and are to be construed in accordance with the laws of QueenslandNew South Wales.  The parties unconditionally submit to the non-exclusive jurisdiction of the Queensland courtsNew South Wales.
    • If a Customer consists of more than one person or corporate body, these Conditions bind them jointly and each of them severally.
    • If a provision in these Conditions is held to be illegal, invalid, void, voidable or unenforceable, that provision must be read down to the extent necessary to ensure that it is not illegal, invalid, void, voidable or unenforceable. If it is not possible to read down a provision as required in this Condition, that provision is severable without affecting the validity or enforceability of the remaining part of that provision or the other provisions in these Conditions.
    • All notices to be given to or demands to be made upon any party to these Conditions must be in writing and may be delivered in person or sent by mail or facsimile or email to the current business address of the party. All notices are deemed served 2 business days after the date of posting or if delivered personally, on the actual date of receipt, or if sent by facsimile or email, in the normal course of transmission.
    • The Supplier may vary these Conditions by providing at least 14 days’ prior written notice to the Customer (which includes notifying the Customer that the Conditions have been upgraded on the Supplier’s website at www.cassons.com.au).insert  Upon receipt of such notice, the Customer may terminate by written notice within 14 days of receipt of notice from the Supplier.  If the Customer does not terminate, the updated Conditions will be taken to apply frorm the date as stated in the notice from the Supplier.
    • In these Conditions, word 'including' and similar expressions are not used as, nor are intended to be, interpreted as words of limitation.
  • Termination
    • The Supplier may at its absolute discretion, terminate for convenience or suspend these Conditions at any time by giving 30 days' notice to the Customer.
    • Either party may terminate these Conditions with immediate effect by providing written notice to the other party if:
      • that other party is in breach of these Conditions and such breach is incapable of being remedied;
      • that other party is in breach of these Conditions and such breach is capable of being remedied, but that other party fails to remedy the breach within seven (7) days of its receipt of a notice requiring it to do so.
    • Termination or expiry of these Conditions will not affect:
      • any accrued rights or remedies of either party; or
      • the operation of clauses 4.3, 7, 8, 9 and this clause  11 or any other provision which, by its nature, are intended to survive termination or expiry of these Conditions.
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