You are on page 1of 12

QUO0000018567

Date: 4 October 2021


QUO0000018567

Black Eagle Transport

Dear Gurdeep,

Thank you for the opportunity to present and supply a solution tailored to suit the transportation needs of
Fleet. We have enclosed specifications and pricing for:

1 X Freighter T-Liner Drop Deck Lead Trailer.

Through our leading brands and our access to an unrivalled network of aftermarket parts and service
outlets, MaxiTRANS has a solution to service a range of transport needs. MaxiTRANS is committed to
providing customers with access to safer, more efficient and reliable transport solutions that are locally
designed and manufactured.

We trust that the pricing and specifications enclosed meet your requirements as per our discussions. Please
do not hesitate to contact me to discuss how to proceed further.

Best Regards,

Rob Dyer
Area Sales Manager
MaxiTRANS
0429042941
Rob.dyer@maxitrans.com.au

Validity of Quotation
This quotation (including any associated trade appraisal) is valid for 30 days from date of issue and is subject
to the Terms and Conditions of Sale and Supply attached to the related Sales Order Acceptance form.

Deposit Terms
A deposit of 10% or proof of finance is required unless otherwise approved.

Australian Trailer Solutions Group Operations Pty Ltd


Trading as MaxiTRANS (ABN 74 651 774 720)
346 BOUNDARY ROAD DERRIMUT VICTORIA 3030 AUSTRALIA Initial__________
TELEPHONE: (03) 8368 1100 FACSMILE: (03) 8368 1112
Page 1 of 12
QUO0000018567

Trailer Summary

UNIT ROAD CONDITIONS

MODEL: TDL CLASS A (l’state Hwy/Roads) : 50

TYPE: T-LINER CLASS B(Well maintained) : 50

DESCRIPTION: Freighter T-Liner Drop Deck Lead Trailer CLASS C (Poorly maintained) : 0

CLASS D (Off-Road) : 0

APPLICATION

SALES LAYOUT DRAWING

MaxiTRANS 55K

Dimensions:
• Overall Length: 7555 mm
• Overall Height: 4300 mm
• Suspension Location: 7800 mm
• Coaming Height above main: 25 mm
• Skidplate Height: 1270 mm
• Aperture Height Front/Rear: 2725/3070 mm
• Aperture Length: 7305 mm
• King Pin Position: 1550 mm
• 5th wheel: 8000/8075 mm
• Drop Height: 345 mm

Australian Trailer Solutions Group Operations Pty Ltd


Trading as MaxiTRANS (ABN 74 651 774 720)
346 BOUNDARY ROAD DERRIMUT VICTORIA 3030 AUSTRALIA Initial__________
TELEPHONE: (03) 8368 1100 FACSMILE: (03) 8368 1112
Page 2 of 12
QUO0000018567

Frame:

QTY DESCRIPTION
1 Base Frame:(TDL)
1 3mm steel chequer plate, fully welded seams.
1 Roof, aluminium
1 Bow Front - White
1 Rear wall, FRP, nil tensioners, Drop Frame
1 Provision for Saddle mounted Deck Rear Only (Posts and support)
1 Mezz Deck, Saddle mtd NS Lth to 3484 (MTO1)
1 Standard coupling, brake & electrical std position
1 Maxus 2 speed landing leg with galvanised rocker foot
1 Turntable, Jost, JSK37CZ-2 Position
1 Skid plate, 8mm, 50mm bolt-in kingpin
1 Coaming, 100 TFB, Raised
1 Curtains, single dropframe, with Welded straps
1 Curtain wear strip. Lead units
1 Tie rail - 25NB medium pipe both sides
1 Pelmet: Black

Accessories:
QTY DESCRIPTION
1 Winch Track on Roadside and provision for Recessed Winches
3 Sliding winch; Maxus ratchet with 11m straps on the bottom deck
3 Recessed winches: Maxus ratchet with 9m straps on the top deck
1 Integral 2 wheels Tyre Carrier
1 60 Litre Polished Aluminium Water Tank
1 Remote air tank drain
1 Stainless Steel Toolbox 1206 x 400 x 550
2 Side access steps
1 Gate set,Duragal,2100mm
3 Gates Suspended on Rollers with 2 Straps per gate.

Electrical:

QTY DESCRIPTION
2 Lamp, Front Header, Maxus LED amber
1 Wiring, B/Double loom
2 Lamp, Rear Header, Maxus LED, Tail Lamp
1 Lamp, Licence Plate, Maxus, pair
1 Lamp, Maxus New Generation Single Lens, Stop Tail Indicator
1 Lamp Channel to suit Lead Trailer

Australian Trailer Solutions Group Operations Pty Ltd


Trading as MaxiTRANS (ABN 74 651 774 720)
346 BOUNDARY ROAD DERRIMUT VICTORIA 3030 AUSTRALIA Initial__________
TELEPHONE: (03) 8368 1100 FACSMILE: (03) 8368 1112
Page 3 of 12
QUO0000018567

4 Lamp, Side Marker, Maxus LED red/amber


1 Lamp, Side Indicator, Maxus LED
1 Reversing Beeper

Suspension:

QTY DESCRIPTION
1 AirMAX Suspension, Maxus Drum Brake Axles, Lead / Road Train Setup
3 AirMAX, Standard, Underslung
3 Maxus, Ø127mm Round, 10/285, Iron Hub, Cast Drum, 16.5" x 7" Brakes, Q Style, Standard Bearing, Parallel
Spindle
2 Maxus, Pole Rings And Sensors
3 Shock Absorber, Standard Mount
1 Hubodometer
6 Wheel Mill Finish Aluminium 10/285 8.25 x 22.5
6 Wheel Polished Aluminium 10/285 8.25 x 22.5
12 Triangle TR656 275/70R 22.5
1 Mudguards, radius plastic
1 Suspension dump valve, manual operation
1 EBS, Wabco
3 Auto slack adjusters, Maxus

Paint:
• Bow Front Gelcoat White
• Front Wall Ice White (Afl.Kmv2)
• Rear Frame Ice White (Afl.Kmv2)
• Under Dtm Silver (F4957)
• Coaming Sapphire Blue (Afl.Cpe2)
• Floor Dtm Silver (F4957)
• Hubs Sapphire Blue (Afl.Cpe2)
• Radius Guard Colour Dark Blue Radius Guards
• Curtain Colour Mid Blue (520)

Dealer Fitted Accessories:


QTY DESCRIPTION
- Angle Carrier

General Notes:

TRAILER WEIGHT 7679.00 kg

Australian Trailer Solutions Group Operations Pty Ltd


Trading as MaxiTRANS (ABN 74 651 774 720)
346 BOUNDARY ROAD DERRIMUT VICTORIA 3030 AUSTRALIA Initial__________
TELEPHONE: (03) 8368 1100 FACSMILE: (03) 8368 1112
Page 4 of 12
QUO0000018567

Delivery
Ex {Location}

Registration
Pricing excludes any Registration / on road costs.

Australian Trailer Solutions Group Operations Pty Ltd


Trading as MaxiTRANS (ABN 74 651 774 720)
346 BOUNDARY ROAD DERRIMUT VICTORIA 3030 AUSTRALIA Initial__________
TELEPHONE: (03) 8368 1100 FACSMILE: (03) 8368 1112
Page 5 of 12
QUO0000018567

PURCHASE PRICE

Per Unit
Freighter T-Liner Drop Deck Lead Trailer $93,790
GST $9,379
Total Value (excluding Registration & On-Road costs) $103,170
Total including Onroads $105,100
Rob Dyer
Area Sales Manager
MaxiTRANS
0429042941
Rob.dyer@maxitrans.com.au

Australian Trailer Solutions Group Operations Pty Ltd


Trading as MaxiTRANS (ABN 74 651 774 720)
346 BOUNDARY ROAD DERRIMUT VICTORIA 3030 AUSTRALIA Initial__________
TELEPHONE: (03) 8368 1100 FACSMILE: (03) 8368 1112
Page 6 of 12
QUO0000018567

MaxiTRANS Terms & Conditions of Sale and Supply – Trailer Sales.

Where you (the Buyer) are acquiring goods and services from us (the Supplier) as a Consumer, the Australian Consumer Law automatically provides a range of consumer
guarantees, including that goods will be of acceptable quality, fit for purpose, match the description or sample, and have spare parts and repair facilities reasonably available.
In addition, there is a consumer guarantee that services will be provided with due care and skill, fit for any specified purpose, and provided within a reasonable time.
If the Supplier fails to comply with the consumer guarantees when supplying goods or services, the Consumer may be entitled to a remedy under the Australian Consumer
Law. The consumer guarantees regime (including a Consumer's right to a remedy and a Supplier's liability for failure to comply with a guarantee) cannot be excluded,
restricted or modified, except to the extent permitted under the Australian Consumer Law. These Terms and Conditions are therefore subject to, and will not apply to the
extent that they exclude, restrict or modify, the consumer guarantees regime (except to the extent permitted under the Australian Consumer Law).
You (the Buyer) will be considered a Consumer (for the purposes of the consumer guarantees regime) where you acquire:
• goods or services that cost less than $100,000; or
• goods or services that cost more than $100,000 but are of a kind ordinarily acquired for domestic, household or personal use or consumption; or
• a vehicle or trailer primarily used to transport goods on public roads.
You (the Buyer) will not be considered a Consumer if goods are purchased to be resold or to be transformed into a product that is sold.

1. INTERPRETATION and in the event of an inconsistency between the terms of the above
1.1 In these Terms and Conditions: documents, the order of precedence is as set out above. There is only a contract
Australian Consumer Law means the Australian Consumer Law set out in to supply specified Goods if the Supplier agrees to provide those Goods in
Schedule 2 of the Competition and Consumer Act 2010 (Cth) (as amended or accordance with condition 3.1.
replaced from time to time). 2.2 Where the Buyer places an Order for Goods which contains terms and
Buyer means the person named as the Buyer in the Order Form and includes conditions inconsistent with these Terms and Conditions, the Buyer’s terms and
any Related Entity of the Buyer that places an order with the Supplier for the conditions are excluded, and these Terms and Conditions apply to the Order.
manufacture of Goods. 3. ORDERS, QUOTES AND SPECIFICATIONS
Delivery Date means the date of delivery of the Goods as notified by the 3.1 Any Order submitted by the Buyer must be accepted in writing by the
Supplier to the Buyer which may be varied by the Supplier at any time. Supplier's authorised representative before it will bind the Supplier. Each Order
Goods means goods which the Supplier has agreed to supply to the Buyer as confirmed or accepted by the Supplier will incorporate these Terms and
described in the Order Form and the Specifications in accordance with these Conditions.
Terms and Conditions. 3.2 The Buyer must verify the accuracy of any Order (including any applicable
MaxiTRANS Entity means Australian Trailer Solutions Group Operations Pty Ltd Specification) submitted by the Buyer to the Supplier. The Buyer must confirm
ACN 651 744 720 and Australian Machinery Sales Pty Ltd ACN 105 105 208. any Quote provided by the Supplier is acceptable to the Buyer prior to accepting
Order means the form attached to these Terms and Conditions or any other the Quote.
order for Goods submitted by the Buyer and accepted by the Supplier under 3.3 The Buyer must disclose in writing to the Supplier all information
condition 3.1. regarding the intended use of the Goods and any other information relevant to
PPS Act means the Personal Property Securities Act 2009 (Cth) and any the manufacture of the Goods, including about any components the Buyer will
regulation made at any time under the PPS Act (each as amended and replaced supply to be fitted to the Goods.
from time to time). 3.4 The Supplier may make any changes to a Specification which are required
PPS Register means the national online register established under the PPS Act. to conform with any applicable safety, legal or other statutory requirements.
Purchase Price means the tax inclusive amount the Buyer must pay to the The Supplier may make any changes to a Specification which do not materially
Supplier for the Goods as set out in the Order. adversely affect the quality or performance of the relevant Goods, by giving
Related Entity, in the case of a Buyer that is a company, means a related entity reasonable prior notice to the Buyer. If the Buyer does not agree to the change,
as defined in the Corporations Act 2001 (Cth) and, in the case of a Buyer that is it may cancel the Order or Quote. Condition 5 below relating to cancellations
an individual, means a company controlled by that individual or of which that will apply to any costs, losses, charges and expenses incurred by the Supplier up
individual is a director and each related entity as defined in the Corporations Act to the date of cancellation.
2001 (Cth) of the companies. 3.5 If the Goods are supplied by the Supplier in accordance with Specifications
Specifications means the specifications of the Goods as described in the Order provided by the Buyer, the Buyer will indemnify the Supplier and keep the
(if accepted by the Supplier) or the Quote (if accepted by the Buyer). Supplier indemnified against all losses, damages, costs and expenses awarded
Supplier means the MaxiTRANS Entity that is supplying the relevant Goods to against or incurred by the Supplier in connection with or paid or agreed to be
the Buyer. paid by the Supplier in settlement of any claim for infringement of any
Terms and Conditions means the terms and conditions of sale and supply set intellectual property rights of any other person which results from the Supplier's
out in this document and includes any additional terms and conditions agreed in use of the Specifications.
writing between the Supplier and the Buyer. 4. PRICE AND PAYMENT
Terms used in these Terms and Conditions which are defined in the PPS Act have 4.1 The Supplier may require the Buyer to pay a deposit of not more than 10%
the same meaning given to them in the PPS Act. of the Purchase Price before commencing manufacture of the Goods. A deposit
2. ACCEPTANCE OF TERMS AND CONDITIONS is non-refundable, except where the Buyer is entitled to a refund under the
2.1 A binding contract is formed between the Buyer and the Supplier when Australian Consumer Law, or where the Buyer terminates the agreement as a
the Buyer signs a copy of these Terms and Conditions and/or when the Buyer result of a breach by the Supplier. The Supplier’s express or implied approval for
places an Order or otherwise authorises the Supplier to supply Goods. The extending credit to the Buyer may be withdrawn at any time.
contract consists of: 4.2 Subject to condition 4.3, the Buyer agrees to pay the Supplier the Purchase
(a) these Terms and Conditions; Price less, as invoiced by the Supplier to the Buyer (a) on or before the Delivery
(b) the Order; and Date; or (b) as set out in the Order Form.
(c) any other terms the Buyer and Supplier agree in writing

Australian Trailer Solutions Group Operations Pty Ltd


Trading as MaxiTRANS (ABN 74 651 774 720)
346 BOUNDARY ROAD DERRIMUT VICTORIA 3030 AUSTRALIA Initial__________
TELEPHONE: (03) 8368 1100 FACSMILE: (03) 8368 1112
Page 7 of 12
QUO0000018567

4.3 Any agreement by the Supplier to supply Goods on credit terms may be on the Delivery Date the Supplier may impose a reasonable charge for storage of
cancelled or withdrawn without notice if any account is overdue at the absolute the Goods. Storage charges must be paid by the Buyer within 7 days of the date
discretion of the Supplier. of an invoice by the Supplier.
4.4 If the Supplier has agreed to payment terms in condition 4.2(b), or 7.3 Subject to condition 9, if the Buyer fails to pay for and/or collect the
otherwise to supply Goods on credit terms, and the Supplier: Goods within 30 days of the Delivery Date, the Supplier will be entitled to sell
(a) has reasonable grounds to believe that the Buyer may fail to pay an invoice the Goods. If the Buyer has paid for part of the Goods, the Supplier will refund
within the period provided; or the amount paid, less the Supplier’s reasonable costs, losses, charges and
(b) has not otherwise been provided with adequate assurance of payment expenses incurred by the Supplier in connection with the Buyer’s failure to pay
within 14 days of written request, for or collect the Goods.
then the Supplier may require the Buyer to pay the Purchase Price before the 7.4 Where the Supplier agrees to deliver the Goods other than at the
Delivery Date and the Supplier is not required to deliver the Goods until such Supplier's premises, the Buyer must pay the Supplier's costs for transport,
time as the Purchase Price is received or adequate assurance of payment is packaging and insurance.
provided to the Supplier’s reasonable satisfaction. 8. TITLE
4.5 The Supplier reserves the right to reasonably increase the Purchase Price 8.1 Title to the Goods will not pass to the Buyer until the Purchase Price and
to reflect any increase in the cost to the Supplier of supplying the Goods due to: all other amounts payable to the Supplier have been paid in full.
(a) any factor beyond the Supplier's control; or 8.2 Until title to the Goods has passed to the Buyer in accordance with this
(b) any change in delivery dates, quantities or specifications for Goods which condition 8, if the Buyer has taken delivery of the Goods, the Buyer holds the
the Buyer requests by notice in writing; or Goods as fiduciary bailee of the Supplier and the Buyer agrees to store the
(c) any delay caused by the Buyer's instructions or failure to give the Supplier Goods separately so that the Goods are identifiable as the Supplier's property.
adequate information or instructions. The Buyer has the right to sell the Goods in the ordinary course of trade if the
Where the Supplier proposes to increase the Purchase Price, the Supplier will Buyer accounts to the Supplier for all payments, including payments by third
provide reasonable prior notice to the Buyer. If the Buyer does not agree to the parties, in accordance with the Buyer's fiduciary relationship.
change in the Purchase Price, it may cancel the Order or Quote. Condition 5 8.3 The risk of loss or damage to the Goods passes to the Buyer on the
relating to cancellations will apply to any costs, losses, charges and expenses Delivery Date.
incurred by the Supplier up to the date of cancellation. 9. EXCUSABLE DELAYS
4.6 The Supplier has absolute discretion as to the manner in which it applies 9.1 A party is not liable for any delay in, or failure to comply with, these Terms
money it receives from the Buyer (including any Amount Overdue under and Conditions (other than the payment of money) where the failure was due to
condition 12). any cause beyond that party’s reasonable control (such as forces of nature,
5. CANCELLATIONS AND DEFERRALS industrial action or inaction by a government agency).
5.1 When an Order is accepted by the Supplier, or a Quote is accepted by the 10. EXCLUSIONS AND LIMITATIONS
Buyer, the Buyer and Supplier are bound by the Order or Quote. If the Buyer 10.1 Nothing in these Terms and Conditions operates to exclude, restrict or
cancels or defers the Order or Quote, the Buyer will, at the Supplier's discretion, modify the application of any provision, condition or warranty, the exercise of
pay all reasonable costs, losses, charges and expenses incurred by the Supplier any right or remedy, or the imposition of any liability under the Australian
associated with any cancellation or deferral of the Order or Quote by the Buyer, Consumer Law or any other statute, where to do so would contravene that
including but not limited to, the Supplier's costs of: statute, or cause any part of this condition to be void (Non-excludable
(a) purchasing the materials to manufacture the Goods; Obligations).
(b) manufacturing the Goods; 10.2 Except in relation to Non-excludable Obligations, all conditions,
(c) reworking the Goods in order to re-sell the Goods; warranties, guarantees, rights, remedies, liabilities and other terms implied by
(d) selling the Goods at a lower price than the price in Supplier's quote to the statute, custom or the common law are excluded from these Terms and
Buyer as set out in the Order Form; Conditions.
(e) disposing of the Goods; and 10.3 Except in relation to Non-excludable Obligations, the Supplier will have
(f) any combination of these costs. no liability for any loss, harm, damage, cost or expense (including legal fees), or
5.2 The Supplier will provide the Buyer with an invoice setting out the costs any special, indirect or consequential loss or damage (including, without
associated with the cancellation or deferral of the Order or Quote and the Buyer limitation, economic loss, loss of contract, loss of profit or revenue, loss of
will pay the amount set out in the invoice within 7 days of the date of the opportunity, loss of production, production stoppage or loss of data) arising
invoice. directly or indirectly under or in connection with the supply of the Goods,
6. CHANGES TO SPECIFICATIONS whether by way of indemnity, statute, in tort (for negligence or otherwise), or
6.1 The Buyer may request a change to the Specifications by submitting to the on any other basis in law or equity.
Supplier a Customer Change Form available from the Supplier (Requested 10.4 Except for goods or services of a kind ordinarily acquired for personal,
Change). domestic or household use or consumption, the Supplier's liability to the Buyer
6.2 The Supplier will review the Requested Change and, if the Requested for a failure to comply with any Non excludable Obligation (other than a
Change is approved by the Supplier, will inform the Buyer of any changes to the guarantee as to title, encumbrances or quiet possession conferred by the
Purchase Price, Delivery Date and/or Specifications of the Goods (Requested Australian Consumer Law) is limited to the cost of replacing the Goods,
Change Proposal). supplying equivalent Goods or having the Goods repaired, or payment of the
6.3 If the Buyer accepts the Requested Change Proposal, the Order or Quote cost of replacing the Goods, supplying equivalent Goods or having the Goods
will be deemed to have been amended in accordance with the Requested repaired.
Change Proposal. 11. TERMINATION
7. DELIVERY 11.1 If:
7.1 The Supplier will deliver the Goods to the Buyer by the Buyer collecting (a) the Buyer materially breaches any of these Terms and Conditions and the
the Goods at the Supplier's premises on the Delivery Date or, if another place for breach cannot be remedied within a reasonable amount of time; or
delivery is agreed by the Supplier, by the Supplier's delivery to that place. (b) the Buyer ceases to carry on a business; or
7.2 If the Buyer does not collect the Goods, or the Buyer does not provide the (c) the Buyer is unable to pay its debts as they become due, is presented with
Supplier with forwarding instructions sufficient to enable it to deliver the Goods a winding-up petition or if any step is taken to appoint a receiver, receiver and

Australian Trailer Solutions Group Operations Pty Ltd


Trading as MaxiTRANS (ABN 74 651 774 720)
346 BOUNDARY ROAD DERRIMUT VICTORIA 3030 AUSTRALIA Initial__________
TELEPHONE: (03) 8368 1100 FACSMILE: (03) 8368 1112
Page 8 of 12
QUO0000018567

manager, a trustee in bankruptcy, a provisional liquidator, a liquidator, or an input tax credit the other party is entitled to for the loss, cost or expense, and
administrator to the Buyer's assets, operations or business; or then increased in accordance with condition 14.2.
(d) the Supplier believes that one of the events stated in condition 11.1(a)-(c) 14.4 Any consideration to be paid or provided for a supply made under or in
has occurred or there is a material risk that one of those events will occur, connection with this agreement, unless specifically described in this agreement
then subject to Part 5 of the Corporations Act 2001 (Cth), all amounts owed by as GST inclusive, does not include an amount on account of GST.
the Buyer to the Supplier will become immediately due and payable and the 15. PRIVACY
Supplier may: 15.1 The parties agree to be bound by all applicable Australian privacy
(e) terminate this agreement and any agreement to supply under these Terms legislation. The Buyer consents to the Supplier’s use and disclosure of personal
and Conditions (which if as a result of an event in condition 11.1(a), may be information of the Buyer or any of the Buyer's directors, officers, principal,
terminated by at least 7 days written notice, or in any other event, immediately guarantors, employees or agents for the purposes of obtaining and/or
by written notice); maintaining a commercial and/or consumer credit report and for registering and
(f) suspend any further supply of Goods or services; amending financing statements under the PPS Act.
(g) cancel any discounts provided to the Buyer for early payment; 16. PPS ACT
(h) recover and resell any Goods in which title remains with the Supplier; 16.1 These Terms and Conditions constitute a security agreement.
and/or 16.2 The Buyer grants to the Supplier a security interest in the Goods and
(i) set-off any amount owed by the Buyer against any amount owing to the their proceeds, as security for payment of the Purchase Price and all other
Supplier. amounts payable by the Buyer to the Supplier and for the Buyer's performance
11.2 The Buyer may terminate this agreement by giving 7 days written notice of its other obligations to the Supplier.
to the Supplier if the Supplier materially breaches any of these Terms and 16.3 The Buyer agrees:
Conditions and the breach cannot be remedied within a reasonable amount of (a) at the Supplier's request, to promptly do all things (including signing any
time. In the event of termination pursuant to this clause, then subject to Part 5 documents) and provide all assistance and information necessary to ensure that
of the Corporations Act 2001 (Cth), all amounts owned by the Buyer to the the Supplier has a perfected first ranking security interest enforceable against
Supplier will become immediately due and payable and the Supplier may third parties in all Goods (and the proceeds of those Goods) supplied by the
recover and resell any Goods in which title remains with the Supplier. Supplier; and
11.3 Termination of this agreement or suspension of the supply of Goods or (b) that the Supplier may register a financing statement or financing change
services does not affect any accrued rights or remedies of the Supplier. statement at the Buyer's cost and do anything else required to perfect its
12. FAILURE TO PAY security interest in the security interest granted under these Terms and
12.1 If the Buyer fails to pay any amount under this agreement on the day it is Conditions.
due (including any amounts which become immediately due and payable under 16.4 The Buyer waives its right to receive notice from the Supplier of any
condition 11.1) (Amount Overdue): verification statement under section 157 of the PPS Act.
(a) the Buyer will pay interest on the Amount Overdue at the rate fixed from 16.5 The following provisions of the PPS Act do not apply: section 95 (notice of
time to time under the Penalty Interest Rates Act 1983 (Vic) for the period from removal of accession); subsection 121(4) (enforcement of liquid assets); section
the day the amount fell due until the date of payment; 125 (obligation to dispose of or retain collateral); section 130 (notice of
(b) the Buyer will pay all of the Supplier's costs of recovering payment of the disposal); paragraph 132(3)(d) (contents of statement of account); subsection
Amount Overdue as invoiced by the Supplier to the Buyer; 132(4) (statement of account if no disposal); section 135 (notice of retention);
(c) the Supplier may appropriate any payment made by the Buyer on any section 142 (redemption of collateral); and section 143 (reinstatement of
other account in payment of the Amount Overdue. security agreement).
12.2 The Buyer agrees that the Supplier has a security interest over all of the 16.6 To the extent permitted by law, the Buyer will indemnify the Supplier on
Buyer’s property in its possession until the Amount Overdue and all other demand, for all costs and expenses incurred in connection with:
amounts due have been paid in full. (a) registering or maintaining a financing statement or financing change
13. INTELLECTUAL PROPERTY statement relating to the security interest that is created or provided for by
13.1 All patents, trademarks, copyrights, designs, know-how, trade secrets, these Terms and Conditions; and
improvements and any other intellectual property (Intellectual Property) in the (b) enforcing these Terms and Conditions, including any security interest that
Goods remain the sole property of the Supplier at all times and the Buyer agrees is created or provided for by these Terms and Conditions.
that it will not infringe any of the Supplier's Intellectual Property rights. 16.7 The Supplier reserves all rights and powers it may have in addition to
13.2 All drawings, technical specifications and Intellectual Property supplied or those conferred under the PPS Act.
made available to the Buyer by the Supplier are subject to copyright and strictly 16.8 The Buyer must not:
confidential. The Buyer must not: (a) create, or permit to be created, any security interest over, or respect of its
(a) communicate any details of any drawings or technical specifications to any rights in, the Goods including any replacement part or other time that is
third party without the Supplier's prior written consent; or incorporated into or attached to any Goods (other than that created under
(b) make any copies of or use the drawings or technical specifications for any these Terms and Conditions and in all its assets in favour of a bank or similar
purpose other than expressly authorised in writing. financial institution); or
14. TAXES (b) to change any of its details as set out in the Account Application Form
14.1 In this condition 14, a word or expression defined in the A New Tax without notifying the Supplier at least 10 business days prior to doing so.
System (Goods and Services Tax) Act 1999 (Cth) has the meaning given to it in 16.9 The Buyer represents and warrants to the Supplier that:
that act. (a) all information provided to the Supplier is true, correct and complete; and
14.2 If a party makes a supply under or in connection with this agreement in (b) the Goods are not purchased for personal, domestic or household
respect of which GST is payable, the consideration for the supply but for the purposes.
application of this condition 14.2 (GST exclusive consideration) is increased by 16.10 The Buyer repeats each representation and warranty in condition 16.9
an amount equal to the GST exclusive consideration multiplied by the rate of each time the Supplier supplies Goods to the Buyer, with reference to the facts
GST prevailing at the time the supply is made. and circumstances at the time such Goods are supplied.
14.3 If a party must reimburse or indemnify another party for a loss, cost or 16.11 Despite condition 16.8, if the Buyer permits a security interest to be
expense, the amount to be reimbursed or indemnified is first reduced by any registered over the Goods (other than an all-asset security interest in favour of a

Australian Trailer Solutions Group Operations Pty Ltd


Trading as MaxiTRANS (ABN 74 651 774 720)
346 BOUNDARY ROAD DERRIMUT VICTORIA 3030 AUSTRALIA Initial__________
TELEPHONE: (03) 8368 1100 FACSMILE: (03) 8368 1112
Page 9 of 12
QUO0000018567

bank or financial institution), the Buyer must do, at its own expense, everything but where that time is after 5.00pm in the place of receipt or on a day that is not
reasonably necessary to remove the security interest from the PPS Register. a business day in the place of receipt, the notice will be deemed to have been
16.12 The Supplier is irrevocably authorised to enter any premises where the given at 9.00am on the next business day in the place of receipt.
Goods are kept and to use the name of the Buyer and to act on its behalf, if
necessary, to recover possession of the Goods and seize the Goods in I/we agree to be bound solely by these Terms and Conditions and I/we further
accordance with the PPSA without liability for trespass or any resulting damage. agree that any terms and conditions of purchase that may be incorporated in
17. GENERAL any Order, Quote or any other document delivered by me/us, will unless those
17.1 The Supplier may sub-contract the supply or delivery of the Goods, the Terms and Conditions are agreed to in writing by the Supplier's duly authorised
carrying out of any services and/or the delivery of Goods. representative, have no legal effect. I/we warrant that I/we have all necessary
17.2 No waiver by the Supplier of any breach of these Terms and Conditions approvals and authorisations to execute these Terms and Conditions for and on
by the Buyer will be considered as a waiver of any subsequent breach of the behalf of the Buyer.
same or any other provision. A waiver of a right, power or remedy must be in
writing and signed by the party giving the waiver.
17.3 A term or part of a term of these Terms and Conditions that is illegal or
unenforceable may be severed from these Terms and Conditions and the
remaining terms or parts of the terms of these Terms and Conditions continue in
force.
17.4 Neither party may assign these Terms and Conditions, or any rights under
these Terms and Conditions, without the prior written consent of the other
party, such consent not to be unreasonably withheld.
17.5 These Terms and Conditions and the other documents referred to in
them constitute the entire agreement between the parties as to their subject
matter.
17.6 These Terms and Conditions are governed by the law applicable in
Victoria and each party irrevocably and unconditionally submits to the exclusive Company Name and ABN………………………………………………...
jurisdiction of the courts of Victoria.
18. NOTICES Name & Position……………………………………………………………
18.1 If a party gives a notice to the other party under this Agreement, it must
be: Signed…………………………………………………………………….
(a) in writing;
(b) directed to the recipient’s address specified in the Contract Details or as Date….……………………………………………………………………
advised from time to time; and
(c) hand-delivered or sent by pre-paid post or by e-mail to that address.
18.2 A notice given in accordance with condition 18.1 is taken to be received:
(a) if hand-delivered, on delivery;
Australian Trailer Solutions Group Operations Pty Ltd
(b) if sent by pre-paid post, 3 days after the date of posting for local or 346 Boundary Road Derrimut Vic 3030
interstate mail and 7 days after the date of posting for international mail; Ph: (03) 8368 1155 Fax: (03) 8368 1156
(c) if sent by e-mail, the earlier of:
(i) when the sender receives an automated message confirming delivery; or
(ii) 30 minutes after the time sent (as recorded on the device from which the
sender sent the email) unless the sender receives an automated message that
the email has not been delivered,

Australian Trailer Solutions Group Operations Pty Ltd


Trading as MaxiTRANS (ABN 74 651 774 720)
346 BOUNDARY ROAD DERRIMUT VICTORIA 3030 AUSTRALIA Initial__________
TELEPHONE: (03) 8368 1100 FACSMILE: (03) 8368 1112
Page 10 of 12
QUO0000018567

WARRANTY – Trailer

(1): Australian Trailer Solutions Group Operations Pty Ltd. Trading as MaxiTRANS ABN 74 651 774 720 of 346 Boundary Road, Derrimut, Victoria 3030 (the Company) which can be contacted on
enquiries@maxitrans.com.au or (03) 8368 1100 expressly warrants that trailers and their component parts (the Products) will be free from defects in materials and workmanship for term (two (2) years) from the
date of delivery to the customer or the date of invoice to the customer, whichever is earlier (the Warranty Period).

(2): The Products come with guarantees that cannot be excluded under the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended or replaced from time to
time (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 (but only if the Products were mainly used to
transport goods on public roads). You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure is not a major failure (but only if the Products were mainly
used to transport goods on public roads).

(3): Subject to applicable laws, including the Australian Consumer Law, this Manufacturer Warranty does not apply to proprietary items such as tyres, brakes, rims, wheels, suspensions, curtains, signage and similar
equipment which is covered by individual manufacturers’ warranties.

(4): Subject to applicable laws, including the Australian Consumer Law, this Manufacturer Warranty will only apply during the Warranty Period so long as the following conditions are met:

a the Products were manufactured by the Company and were new at the date of delivery;

b the Products have been used in accordance with legal loading and speed limits, correctly coupled and operated in such a manner as may be prescribed by the Company or if the Company does not prescribe such
conditions, then in such manner as is considered good practice for such Products;

c the customer has submitted the Products for testing and inspection during the Warranty Period in accordance with the Company’s Owner Service Policy dealing with adjustments and inspections (a copy of this
policy is available online at www.maxitrans.com.au or on request from the Company);

d only good quality replacement parts have been used in relation to the Products such as those manufactured and supplied or approved by the Company;

e the Products have not been altered or modified in any way whatsoever by persons other than the Company or its authorised service representatives;

f the Products (or affected component parts) have been returned to the Company's authorised dealer for rectification or replacement within the Warranty Period (the cost of transportation of the Products to and
from the dealer will be paid by the customer);

g the Products have been fully paid for; and

h the Products have been repaired, maintained and serviced in accordance with the Company's Owner Service Policy by persons who are appropriately qualified to carry out the relevant work.

(5): Subject to applicable laws, including the Australian Consumer Law, this Manufacturer Warranty will not make the Company liable in any way for defects arising directly or indirectly from:

a accidents which were not caused through a defect in the Products;

b fair wear and tear of the Products (for instance: curtains, curtain straps, curtain buckles, tyres, rims, bumpers, dock rubbers, scuff strips, flooring, paintwork);

c incorrect, faulty or negligent operation or maintenance of the Products including coating or cleaning of the curtains with any preparation not approved in writing by the Company;

d misuse or other unsuitable operation of the Products, including overloading;

e negligence or error in storing, maintaining or handling the Products including the use of unsuitable cleaning agents;

f use of the Products following discovery of a deficiency which has not been rectified; or

g any cause not directly attributable to the Company.

(6): Except as provided in this Manufacturer Warranty, the Company makes no express warranties in respect of the Products, although you may have other rights and remedies available to you under applicable
laws, including the Australian Consumer Law. Subject to applicable laws, including the Australian Consumer Law, the Company will, under no circumstances, be liable for any damage, whether direct, indirect, special
or consequential, arising in any way out of the use of or in relation to the Products, whether as a result of the Company’s negligence or otherwise. This includes loss of freight, loss of earnings or loss of contracts.

Warranties Implied by Law

(7): Nothing in this Manufacturer Warranty operates to exclude, restrict or modify the application of any provision of any statute (including the Australian Consumer Law) where to do so would:

a contravene that statute; or


b cause any part of this Manufacturer Warranty to be void.

The Company excludes all implied conditions and warranties except any implied condition or warranty the exclusion of which would contravene any statute including the Australian Consumer Law or cause any part
of this Manufacturer Warranty to be void.

Limitation of Liability

(8): Subject to applicable laws, including the Australian Consumer Law, the Company's liability for a breach of the Manufacturer Warranty is limited to any one or more of the following as determined by the
Company:

a the replacement of the Products or the supply of equivalent Products; or


b the repair of the Products; or
c the payment of the cost of replacing the Products or of acquiring equivalent Products; or
d the payment of the cost of having the Products repaired; or
e in the case of goods, to any one or more of the above as determined by the Company.

(9): Replaced parts become the property of the Company. If parts are returned under this Manufacturer Warranty, the customer is not entitled to make any deduction from remittances or current accounts without
the Company’s consent.

Australian Trailer Solutions Group Operations Pty Ltd


Trading as MaxiTRANS (ABN 74 651 774 720)
346 BOUNDARY ROAD DERRIMUT VICTORIA 3030 AUSTRALIA Initial__________
TELEPHONE: (03) 8368 1100 FACSMILE: (03) 8368 1112
Page 11 of 12
QUO0000018567

(10): Warranty work is only to be undertaken by an authorised dealer or service department. Warranty work may only be undertaken by an alternative repairer with the prior written approval of the Company.

Remedies

(11): To make a claim in relation to the Products under this Manufacturer Warranty the customer must contact their selling dealer or the Company within the Warranty Period on the contact details provided in
clause 1. If the Company determines that the customer has a claim under this Manufacturer Warranty, the Company will act in accordance with clause 8. The customer will be responsible for its costs of making a
warranty claim under this Manufacturer Warranty.

Australian Trailer Solutions Group Operations Pty Ltd


Trading as MaxiTRANS (ABN 74 651 774 720)
346 BOUNDARY ROAD DERRIMUT VICTORIA 3030 AUSTRALIA Initial__________
TELEPHONE: (03) 8368 1100 FACSMILE: (03) 8368 1112
Page 12 of 12

You might also like