Term and conditions 2018-10-15T19:24:46+00:00

TERMS & CONDITIONS

TERMS AND CONDITIONS

USE OF WEBSITE

1. Your viewing and use of the Website (which means this website, located at any of the following uniform resource locators: www.nationaltrucks.com.au, www.QLDtrucks.com.au, www.nlcv.com.au, www.australianmachinery.com.au, www.justauto.com.au, www.tradetrucks.com.au, www.gumtree.com.au, www.autotrader.com.au, www.trucksales.com.au, www.tradingpost.com.au, www.machines4u.com.au, www.machinery.ae, www.truckworld.com.au and includes any part of these websites; as well as any contemplated or actual purchase by You of any vehicle, plant, equipment, machinery or other item of moveable property (“Chattel”) from National Trucks (Aust) Pty Ltd A.C.N. 608 747 306 trading as: National Trucks / National Light Commercial / Australian Machinery / National Premium Used Trucks – LMCT 11699 & QLD Truck Wholesalers – Dealer License 3316434 (which includes its officers, employees, agents and permitted assigns) (“ National Trucks (Aust) Pty Ltd”) including all Advertisements and Publications for the Sale of Chattels offered in Magazines, Electronic Brochures such as Emails or E Brochures, Online Advertising or websites is governed by and permitted on the condition that You irrevocably agree to the terms and conditions set out herein (“these Terms”). Further, any reference in these Terms to “You/ you” and/ or “Your/ your” includes, but is not limited to, all Your officer(s), employee(s), agent(s), assign(s), successor(s), executor(s) or legal personal representative(s). Any reference to a singular includes the plural and vice versa.

2. You acknowledge and agree that National Trucks (Aust) Pty Ltd provides you with access to the various Websites and Advertising Medians and, in the event that you enter into any (actual or contemplated) purchase of a Chattel from National Trucks (Aust) Pty Ltd, such access and/ entry into a transaction (whichever applicable) is provided in consideration for, and in reliance upon, your irrevocable consent to be bound by these Terms in any dealing that you have with National Trucks (Aust) Pty Ltd. This includes items viewed or inspected at any facility owned or operated by National Trucks (Aust) Pty Ltd both in Australia and Overseas.

3. National Trucks (Aust) Pty Ltd may in its absolute discretion and without any notification to you, indefinitely or for any other period of time, suspend the provision of the Website. Further, and without limitation, National Trucks (Aust) Pty Ltd expressly makes no representation or warranty that the Website will be available for use by you at all times or at any particular time.

GOVERNING LAW

4. These Terms shall be construed in accordance with the laws of Victoria, Australia, irrespective of the physical location of any Chattel or event, and same shall be the proper law of these Terms. You hereby irrevocably agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia and any courts which may hear appeals there from and agree that any proceedings commenced by you in any other Court may be permanently stayed upon application by National Trucks (Aust) Pty Ltd and that you shall indemnify National Trucks (Aust) Pty Ltd for any costs (including but limited to legal representation and all preparatory work in relation thereto) so incurred by National Trucks (Aust) Pty Ltd concerning such application to stay proceedings.

PURCHASER INFORMATION

The Purchaser acknowledges and understands its obligations in purchasing a vehicle that it has researched and is satisfied that the item/vehicle they are purchasing meets their required capacities of both GVM and GCM and can be driven within their current licensing arrangements or can be driving within the constraints of a license they are capable of obtaining. The purchaser indemnifies and releases the Vendor (National Trucks AUST) against any claims or losses arising out of any issues in relation to GVM, GCM, Tare, Carrying Capacity or capabilities in relation to The Vehicle Purchased. Gross Vehicle Mass (GVM)GVM means the maximum loaded mass of the vehicle:as specified by the vehicle's manufacturer, or as specified by VicRoads on the vehicle record if: the manufacturer has not specified the maximum loaded mass the manufacturer cannot be identified, or the vehicle has been modified to the extent that the manufacturer's specification is no longer appropriate. Gross Combination Mass (GCM)GCM means the greatest possible sum of the maximum loaded mass of the motor vehicle and of any vehicles that may lawfully be towed by it at one time, as specified by either the manufacturer of the motor vehicle or by VicRoads. When specified by the vehicle manufacturer, the GCM will be located on a plate the manufacturer has fixed to the vehicle or in another place. The GCM will be specified by the VicRoads when: the manufacturer has not specified the sum of the maximum loaded mass, or the manufacturer cannot be identified, or the vehicle has been modified to the extent that the manufacturer's specification is no longer appropriate. Tare mass In relation to a trailer, tare mass means its unladen mass when it is in ordinary running condition and not carrying persons or goods.

It is the sole responsibility and obligation of the purchaser to be read, understand and be aware of the definitions of the GVM, GCM, Tare & adhere to the capacities as specified on the asset purchased.

The purchaser understands and failure to adhere to the above is the sole responsibility of the purchaser and indemnifies National Trucks (Aust) Pty Ltd against any cost or claim incurred as a result of not adhering to the vehicle limits applicable to the asset.

TRUCKS PLANT AND EQUIPMENT HELD IN AUSTRALIA

5. The person(s) who pay the deposit and/ or the full purchase price of the Chattel may, in the absolute discretion of National Trucks (Aust) Pty Ltd, be considered the purchaser of the Chattel at the price specified by National Trucks (Aust) Pty Ltd.

6. Any purchase of a Chattel held in stock in Australia will require the payment of a deposit in cash, bank cheque, electronic funds transfer or by way of Credit Card or Debit Card. The balance in cash, bank cheque, or electronic funds transfer will be required prior to delivery or collection. You agree to make good and honour all payments made through the provision of Credit Card Information when provided over the phone and signing of the coupons for Credit Card Payments is not possible and or has not been completed. You forfeit any claim to challenge or dispute any charged amount when you pay over the phone with a credit card for goods purchased and delivered. This would not apply if your credit card has been used if stolen or by an unauthorised person or company. National Trucks (Aust) Pty Ltd at its sole discretion may forgo the requirement for the payment of a deposit.

7. No Chattel will be serviced, repaired, modified or prepared for transport until the deposit or payment in full is received (as determined by National Trucks (Aust) Pty Ltd). National Trucks (Aust) Pty Ltd at its sole discretion may forgo the requirement for payment pursuant to this clause before costs of servicing, repairing, modifying or preparation for transportation are incurred.

8. In the absolute discretion of National Trucks (Aust) Pty Ltd, a deposit may secure the purchase of a Chattel for seven (7) days. After that time, if the balance owing has not been paid, National Trucks (Aust) Pty Ltd may without any further notice to you, sell the Chattel to another purchaser and any deposit or other monies already paid by you shall be forfeited forthwith.

9. In the case of non-payment of a deposit, National Trucks (Aust) Pty Ltd may without further notice offer the Chattel(s) for sale again and you shall indemnify National Trucks (Aust) Pty Ltd for all costs incurred by National Trucks (Aust) Pty Ltd to effect such a sale.

10. Deposits paid for any Chattel including placed orders for modified or fabricated items will be immediately forfeited to National Trucks (Aust) Pty Ltd upon the cancellation or withdrawal of any order placed by You. Without limiting the foregoing, National Trucks (Aust) Pty Ltd may use the forfeited deposit, in any manner which it determines in its absolute discretion including (but not limited to) the re-advertising and remarketing of the Chattel(s) which was/ were the subject of the cancelled/withdrawn order and any other administration, transport or other costs incurred.

  • 10(a). Deposits paid for any Chattel will be immediately forfeited to National Trucks (Aust) Pty Ltd upon the cancellation or withdrawal of any order placed by You. Without limiting the foregoing National Trucks (Aust) Pty Ltd may use the forfeited deposit, in any manner which it determines in its absolute discretion including (but not limited to) the re-advertising and remarketing of the Chattel(s) which was/ were the subject of the cancelled/withdrawn order and any other administration, transport or other costs incurred.
  • 10(b). Images displayed of items for sale are a guide only and cannot be solely relied upon for the quality of the item or specification of the item. Images used can be generic images and may vary from the actual product.
  • 10(c). National Trucks (Aust) Pty Ltd does not give any warranty as to the completeness or accuracy of any information provided to You about any sale of Items, including without limitation any information in relation to the distance travelled by a vehicle or its machine or engine hours and National Trucks (Aust) Pty Ltd will not be liable for any loss, damage, cost or expense suffered or incurred by a buyer arising out of incorrect or incomplete information. You agree to independently verify any information which is important to Your purchasing decision.
  • 10(d). To the full extent permitted by law, and notwithstanding the contents of or any description given in any catalogue, advertisement, Road Test Report, engineers’ report or other materials issued by any member of National Trucks (Aust) Pty Ltd, all conditions, warranties, guarantees (including without limitation as to the condition, quality, fitness for purpose, merchantability or compliance with description of an Item), rights, remedies, liabilities and other terms implied or imposed on any member National Trucks (Aust) Pty Ltd by statute, custom or the common law are excluded from this Agreement.
  • 10(e). You acknowledge that You are responsible for conducting a search of the Personal Property Securities Register (PPSR) maintained pursuant to the Personal Property Securities Act 2009 (Cth) (PPSA) to ascertain whether any security interests are recorded in relation to the Item.

11. Upon the signing of a Contract of Sale with (Vendor) National Trucks (AUST) Pty Ltd the (Customer) as listed on the invoice and irrevocably agrees to the conditions of purchase and agrees to be bound to the sale of the nominated asset for the nominated price without conditions. Regardless of whether a deposit has been paid or not the purchaser agrees to indemnify the Vendor for all costs to readvertise and any costs in preparing the item for the sale and delivery to the client and for the lost opportunity of sale and profit by cancelling the sale after a contract has been signed. Signing of a Tax Invoice with the Customers Details and a description of the goods being purchased is final.

12. The client by entering into this Contract of Sale hereby agrees to an admin fee of up to $150 at the Discretion of the Vendor to be deducted from any deposit paid to cover admin and associated costs and expenses with the preparation processing and return of deposits in the event of a sale being cancelled where conditions of sale had been agreed to such as subject to finance etc on the part of the Purchaser.

TRUCKS PLANT AND EQUIPMENT TO BE IMPORTED

13. Upon placing an order for the purchase of any Chattel from National Trucks (Aust) Pty Ltd, you agree to immediately pay a 30% deposit in cash, bank cheque or direct debit and, failing receipt of such deposit by National Trucks (Aust) Pty Ltd, no washing, packing or transport to the Port of Origin will be initiated.

14. You agree to pay the balance of any purchase owing by cash, bank cheque, or direct debit within 48 hours of the provision of a Bill of Lading for the Chattel(s) confirming the vessel departure date and estimated arrival date at the final Port of Destination.

15. Failure to pay the balance by the required date will result in you irrevocably assuming liability for any Port Holding Fees, Shipping and Transport or other charges that may accrue plus interest on these charges of 12.5% per annum calculated daily.

16. You forever release National Trucks (Aust) Pty Ltd for any loss, damage or delays in shipping due to transhipping through various ports and carriers, freight embargoes, severe weather, quarantine inspection, port clearance, customs clearance or any other factor not under the direct control of National Trucks (Aust) Pty Ltd.

DELIVERY OF CHATTELS

17. National Trucks (Aust) Pty Ltd will undertake every endeavour to delivery chattels pursuant to the agreed delivery date at the time of purchase.

18. Should National Trucks (Aust) Pty Ltd not be able to adhere to the agreed delivery date for any circumstances, National Trucks (Aust) Pty Ltd will provide you with the option to seek an alternate source of delivery and further provide you with a credit for the amount allowed for delivery within the said purchase. Alternatively, a revised delivery date shall be agreed.

19. You agree to forever release National Trucks (Aust) Pty Ltd for any loss or damages incurred should the Chattels not be delivered pursuant to the initial, or subsequently, agreed delivery date.

  • 19(a). You agree to pay in full all costs to National Trucks (Aust) Pty Ltd the amount charged at its sole discretion for transport costs both to and from the delivery point as agreed or defined on the invoice supplied in the event that National Trucks (Aust) Pty Ltd in good faith completes delivery to the Client on the basis that the balance of the invoice rendered to the Client would be paid in full. In this circumstance any deposit paid is forfeited and all transport costs become payable by the client.

OTHER TERMS AND CONDITIONS

20. All prices are listed as GST and Government Charges exclusive unless stated otherwise by National Trucks (Aust) Pty Ltd in its sole and absolute discretion. Prices do not include stamp duty, transfer fees or other statutory charges or government charges that may apply. Subject to all applicable laws, certain items which are exported by National Trucks (Aust) Pty Ltd from Australia may not attract GST liability, however, such must be expressly agreed to in writing by National Trucks (Aust) Pty Ltd and You.

  • 18(a). All prices are listed in Australian dollars.

21. If you pay a deposit and then a financing company finances the entire invoice amount, National Trucks (AUST) TY LTD shall use its best endeavours to return the deposit to you within 14 days.

22. You shall pay any stamp duty and any other statutory charges including transfer fees where and when applicable under the relevant law as well as all delivery charges unless same is excluded in writing by National Trucks (Aust) Pty Ltd (in the absolute discretion of National Trucks (AUST) PTY LTD) on an invoice that National Trucks (Aust) Pty Ltd provides to you. In the event that an item purchased by you is to be delivered by National Trucks (Aust) Pty Ltd from a third party Supplier or imported from Overseas for and on behalf of the customer and the item is not paid for upon completion or arrival and on time you agree to pay any and all charges and costs for any storage or transport as a result of National Trucks (Aust) Pty Ltd having to store and transport the item being purchased by you. Any costs from the place of storage to the customer will then be the full responsibility of the purchaser / customer and you hereby agree to make no claim for such monies to be compensated to you as a result of your failure to complete payment and or settlement of a particular chattel on time.

23. You consent that ownership of the Chattel shall remain with National Trucks (Aust) Pty Ltd until National Trucks (Aust) Pty Ltd has clear title to all monies owing to it by you and that you shall not collect the Chattel from its location until National Trucks (Aust) Pty Ltd has clear title to all monies owing to it by you.

24. If you do not comply with any obligation imposed by these Terms, you shall immediately forfeit all monies paid by you concerning the Chattel and shall indemnify National Trucks (Aust) Pty Ltd for any deficiency on the resale of such Chattel, together with all costs and charges consequent upon such resale as well as any legal and other enforcement expenses determined appropriate by National Trucks (Aust) Pty Ltd to secure full payment from you of all monies owing by you to National Trucks (Aust) Pty Ltd.

  • 22(a). National Trucks (Aust) Pty Ltd shall only service and prepare any Chattel sold by it serviced by an independent and suitably qualified technician to the extent specified in the invoice.
  • 24(b). To secure payment of any monies owing by You to National Trucks (Aust) Pty Ltd which may become due, You hereby charge all your interest in real property and personal property, both present and future, and (for the purpose of real property) consent to National Trucks (Aust) Pty Ltd lodging a caveat or caveats which note the interest of National Trucks (Aust) Pty Ltd there under and, if you are a company registered in Australia, you consent to National Trucks (Aust) Pty Ltd registering a fixed and floating charge over your assets to secure the payment of such monies owing by You to National Trucks (Aust) Pty Ltd. For the purposes of this term, and as otherwise set out in these Terms, you shall indemnify National Trucks (Aust) Pty Ltd for all costs incurred by National Trucks (Aust) Pty Ltd to claim any monies owing by You to National Trucks (Aust) Pty Ltd.
  • 24(c). Payments for deposits for equipment including trucks and machinery up to and including $2,000 will not attract any additional bank/merchant fee(s) than those already associated with the card or bank. All payments exceeding $2,000 made by Credit Card are subject to a 1.5% Surcharge over and above the amount charged and you duly authorize such an amount to be charged to the card provided to enable such fee charges. Payments for service and parts accounts or counter cash purchases will be subject to a 1.5% Surcharge over and above the amount charged on the invoice and you/customer /client/ authorized agent or collector duly authorize such an amount to be charged to the card provided to enable such fee charges.

LIABILITY AND INDEMNITY

25. You acknowledge and warrant to National Trucks (Aust) Pty Ltd that:

  • 25(a). You have the full authority to engage in any transactions you undertake with National Trucks (Aust) Pty Ltd.

  • 25(b). You will be liable for all costs, fees, charges and other amounts that may become payable to National Trucks (Aust) Pty Ltd or any other person as a result of any breach set out in sub-paragraph (a) hereof.
  • 25(c). You are properly authorized to provide National Trucks (Aust) Pty Ltd with any information that you provide.
  • 25(d). You are not breaching any obligation of confidence or any requirement of any applicable law relating to the privacy of personal information by providing the information to National Trucks (Aust) Pty Ltd.
  • 25(e). All information you provide to National Trucks (Aust) Pty Ltd is true and complete in every particular.
  • 25(f). No member of National Trucks (Aust) Pty Ltd is responsible for or otherwise liable for any delay in, or failure of, performance to the extent that any delay or failure is due to circumstances beyond its reasonable control including, without limitation, strikes, lockouts and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

APPLICATION OF LEGISLATION

26. Nothing in these Terms, whether express or implied, shall exclude restrict or modify any non-excludable condition, non-excludable warranty or non-excludable right set out in any applicable legislation.

LIMITATION OF LIABILITY

27. Notwithstanding anything otherwise contained in these Terms and to the fullest extent permitted by law, You irrevocably release and indemnify National Trucks (Aust) Pty Ltd arising from any indirect or consequential loss, damage or expense of any kind or nature and you release and forever discharge National Trucks (Aust) Pty Ltd from any such liabilities and any claims, demands or causes of action in respect thereof (“the Release”). The Release includes, but is not limited to, any obligation(s) which would be imposed on National Trucks (Aust) Pty Ltd by operation of law (such as by the Trade Practices Act 1974 (Cth) and the Fair Trading Act [or similar legislation] in all States and Territories in Australia) and any mis-description by National Trucks (Aust) Pty Ltd to You of any (Chattel(s) or component part(s) thereof).

EXCLUSION OF WARRANTIES AND LIABILITY

28. You accept that any Chattel which is offered for sale by National Trucks (Aust) Pty Ltd is in its current state of repair and condition at the time of the sale with all defects and faults latent, patent or otherwise (if any). The provision of the Form 8 under the Motor Traders Act (1986) is provided as a guide only. The estimated cost of repairs is based on a roadworthy report provided by an independent assessor. We recommend allowing up to 40% additional to the estimated figures due to factors such as parts availability, variables in the cost of labour and other unforeseen repairs.

29. You accept that the information provided describing any Chattel included on the Website, Magazine, Electronic Brochures such as Emails or E Brochures, Online Advertising or the National Trucks (Aust) Pty Ltd On Line Shop or otherwise may not always be reliable, accurate or complete and you are solely responsible to independently verify any such information prior to completing a purchase of a Chattel. Any item not inspected is sold as is and where is and the responsibility and onus will be on You to ensure that it complies with any agreement for its purchase from National Trucks (Aust) Pty Ltd.

30. To the full extent permitted by law, National Trucks (Aust) Pty Ltd will not be liable for any loss, damage, cost or expense suffered or incurred by you arising, or in any way related to, the sale of any Chattel and/ or use of the Website.

31. National Trucks (Aust) Pty Ltd is a licensed motor car trader as defined in the Motor Car Traders Act, trading as: National Trucks / National Light Commercial / National Premium Used Trucks – LMCT 11699 & QLD Truck Wholesalers – DEALER LICENCE 3316434 as such, National Trucks (Aust) Pty Ltd shall comply with all relevant legislation.

32. You acknowledge that National Trucks (Aust) Pty Ltd will make all reasonable endeavours to establish the year of manufacture of any imported Chattel. However, if the year of manufacture is not affixed and cannot be determined from a manufacturer’s serial number, compliance plate, manuals or other documentation, National Trucks (Aust) Pty Ltd shall refer to Online Safety Systems for data specifying previous or subsequent model details to best establish the year of manufacture. Further, it remains your sole responsibility to determine the exact year of manufacture. National Trucks (Aust) Pty Ltd may refer to the year of manufacture as the year of when the Chattel was first delivered new which may be different to the actual year of manufacture.

33. You acknowledge and understand its obligations in purchasing a vehicle that it has researched and is satisfied that the item/vehicle they are purchasing meets their required capacities of both GVM and GCM and can be driven within their current licensing arrangements or can be driving within the constraints of a license they are capable of obtaining. The purchaser indemnifies and releases the Vendor (National Trucks AUST) against any claims or losses arising out of any issues in relation to GVM, GCM, Tare, Carrying Capacity or capabilities in relation to The Vehicle Purchased. It is the sole responsibility and obligation of the purchaser to be read, understand and be aware of the definitions of the GVM, GCM, Tare & adhere to the capacities as specified on the asset purchased.

34. Any deficiency in a Chattel shall not vitiate the sale of that Chattel by National Trucks (Aust) Pty Ltd to you, but National Trucks (Aust) Pty Ltd shall not be bound to deliver to you more than is in its possession.

35. You accept that despite all reasonable precautions being taken by National Trucks (Aust) Pty Ltd, a Chattel may be listed in various media at an incorrect price or with incorrect information due to typographical or other errors, and you solely rely on the price stated on the official invoice (or any written amendment by National Trucks (Aust) Pty Ltd there to).

  • 35(a). Vehicle Inspections are prepared from visual and external checks only and are limited to the parts and/or items identified in any report when and if provided. Vehicle Inspections do not involve dismantling or disturbing of any structure, assembly, component or internal mechanism. There are certain parts of the vehicle which will not be looked at and you should read the terms and conditions carefully to see what will not be checked.
  • 35(b). Items which are listed on any report when and if provided, but which are not reasonably accessible on the checked vehicle will not be inspected. In such circumstances we will be under no obligation to inspect and/or report on the part/item in question and will mark the relevant section of any report accordingly.
  • 35(c). Without prejudice to clauses 32(a) and 32(b) above, please note that amongst the items we do not check are:
    • (i) Oil and fuel consumption.
    • (ii) Source of oil leaks.
    • (iii) Brake lining material (other than what is immediately visible and can be seen without dismantling anything.)
    • (iv) We cannot predict the life expectancy of exhaust systems, clutches or dual mass flywheels.
    • (v) Brake fluid for contamination. Brake fluid will deteriorate over a period of time and we advise that it be replaced as recommended by the vehicle manufacturer.
    • (vi) Operation of cassette, compact disc players, TV/DVD/Satellite Navigation systems, Bluetooth or other in car entertainment. *
    • (vii) Sound or radio reception and alarm systems. *
    • (viii) Cylinder compression, vehicle electrics and electronics by the use of specific diagnostic equipment.
    • (ix) The accuracy of in-car computer systems (for example, but in no way restricted to, computers used for route finding, fuel efficiency or otherwise).
    • (x) Exhaust emissions, using gas analysing equipment, catalytic converters, LPG systems.
    • (xi) Air conditioning efficiency* by the use of specific diagnostic equipment.
    • (xii) The habitation area of Motorhomes – The electrical systems and appliances, water fittings and appliances, gas fitting and appliances have not been checked. These are beyond the scope of the inspection. It is strongly advised that these are tested and checked by a suitably qualified person prior to purchase. The body/caravan area has not been checked for water ingress or dampness. You are advised that a damp meter reading be taken prior to purchase.
    • (xiii) Vehicle Technical Systems – Many vehicles are fitted or equipped with automatic or computerised operating systems, which may be controlled by microprocessors. These include engine management systems, fuel systems, ignition systems, air conditioning systems, lambda controlled systems, stereo radio, cassettes, amplifiers, compact discs (single and multi), TV/DVD, Satellite Navigation, active and self-levelling suspensions, gearboxes, turbo-chargers and superchargers, anti-lock braking systems, four wheel drive and electronic lockable differential units, traction control, alarm and immobiliser systems, catalytic exhaust systems and variable camshaft timing systems. Within the scope of the service it is not possible to check fully the detailed operation of these systems due to the many variations in features and operating modes and it is not possible to confirm that these systems are functioning fully to the manufacturers design specifications. As a result the inspector is unable to confirm the detailed operation of any of these systems other than giving an overall view and opinion on the performances generally inspected or checked. Therefore, we cannot be held in any way liable or responsible for the failure of any of these systems to perform to the specification as designed by the manufacturer.
    • (xiv) Non-standard accessories as a result of personal modifications or otherwise.
    • * These items will be turned on and off only as part of an inspection and will not otherwise be tested.
  • 35(d). Road testing is carried out within the immediate area of the vehicle check. If, due to circumstances outside of our reasonable control, the vehicle is an un-roadworthy condition, the vehicle contains no or insufficient oil and/or fuel and therefore a road test cannot be carried out at the time of inspection the original fee shall remain fully payable and an additional fee will be payable for any subsequent road test we are asked to undertake.
  • 35(e). It is the Customer’s responsibility to, and the Customer must, ensure that proper provision is made (including the obtaining of any necessary permission) for our check to be carried out on garage premises or on an off-road site with adequate level hard standing. We need enough room for our engineer to be able to walk round the vehicle and fully open all doors. There must also be enough room for our engineer to park his own vehicle close to the inspection site.
  • 35(f). We will not be liable for any loss or damage in circumstances where:
    • i) such loss or damage is not a reasonably foreseeable result of any such breach (loss or damage is foreseeable where it could be contemplated by you and us at the time the vehicle is inspected);
    • ii) such loss or damage was not caused by a breach by us, our employees or agents;
    • iii) such losses are business losses or losses to customers who are not consumers;
    • iv) any increase in loss or damage results from breach by you of any term of this contract.
    • Nothing in these terms and conditions shall exclude or restrict our liability for negligence resulting in death or personal injury or any other liability which cannot be lawfully excluded or restricted.
  • 35(g). Do not rely on National Trucks (Aust) Pty Ltd, it’s staff or any associated agents to perform thorough tests or inspections of any item; vehicle or otherwise listed for sale. National Trucks (Aust) Pty Ltd recommends that you perform thorough testing or inspection with an independent service company prior to purchasing any vehicle. Such independent service companies could be the following: Mawson Motors; 19 Grandview Pde, Moolap VIC, 3224, PH 03 5248 5737; Mark Haby Motors; 136 Fyans St, South Geelong VIC, 3220, PH 03 5221 8114; Total Fleet Service; 12 Industrial Place, Breakwater VIC, 3219, PH 03 5222 334

OCCUPATIONAL HEALTH AND SAFETY

36. You acknowledge that:

  • 36(a). The law imposes obligations in respect of safety for workers arising out of the import, design, manufacture and supply of certain types of Chattel for use in a workplace.
  • 36(b). National Trucks (Aust) Pty Ltd have notified you that no Chattel offered for sale is fit for use in any workplace and it is your responsibility to ensure that the Chattel is brought to a standard necessary to comply with the law before using it and to carry out testing and examination to ensure it is safe and fit for use in the workplace or any other location.
  • 36(c). In so far as they are easily accessible to National Trucks (Aust) Pty Ltd, the relevant health and safety information prepared by the importer, designer or manufacturer of the Chattel and any records kept by previous owners of the Chattel under the law (“the information and/or records”) and a copy of the relevant laws were, at your request, made available for inspection.
  • 36(d). Where no such information and/or records are easily available to National Trucks (Aust) Pty Ltd, you forever release and discharge National Trucks (Aust) Pty Ltd from any loss, injury and/ or damage which in any way results from the non-provision of such information and/ or records by National Trucks (Aust) Pty Ltd to you.
  • 36(e). It is your responsibility to ensure that you seek to ascertain the information and/or records and the accuracy thereof.
  • 36(f). Breaches of the law carry very heavy penalties in the interest of health and safety for workers; safety inspections of all Chattel(s) purchased must be performed by you.
  • 36(g). Where a Chattel is to be used in areas not covered by the law, you should regard that Chattel as unfit for use.

37. MANUFACTURER WARRANTY FOR WORKMATE BRANDED PRODUCTS

  • 37(a). When National Trucks (Aust) Pty Ltd resell a Chattel from an Original Equipment Manufacturer (“OEM”), National Trucks (Aust) Pty Ltd will pass on any warranties offered with the equipment or parts by the manufacturer on the same terms and conditions as specified and offered by the manufacturer.
  • 37(b). Where the OEM warrants to the original purchaser that Chattels are supplied free from defects in material and workmanship and if a defect covered by this warranty occurs, they will replace or repair the product at its option, free of charge excepting freight from purchaser to manufacturer.
  • 37(c). This undertaking to replace or repair any Chattel will not apply if products have been damaged, after sale to the original purchaser, by negligence, by accident, by unreasonable use, modification, unauthorized repair, tampering or by any other causes unrelated to the defective materials or workmanship.
  • 37(d). National Trucks (Aust) Pty Ltd will always use its best endeavours to secure replacement or repair on behalf of customers who experience difficulty with any Chattel purchased through National Trucks (Aust) Pty Ltd.
  • 37(e). No warranties apply to used Chattel(s).
  • 37(f). In the event that a Third Party Warranty is purchased and supplied with the Chattel the responsibility for Warranty then passes to the Provider of such Warranty and therefore National Trucks (Aust) Pty Ltd is released from any ongoing obligation.

38. National Trucks (Aust) Pty Ltd may give you notice of any matter or thing required or permitted to be notified to you under these Terms by sending you an electronic mail message to an electronic mail address nominated by you. Such notice takes effect and is deemed served from the time the electronic mail message leaves the National Trucks (Aust) Pty Ltd system.

39. These Terms (together with, if applicable, any purchase order from you to National Trucks (Aust) Pty Ltd and/ or any invoice rendered by National Trucks (Aust) Pty Ltd to you and/ or any confirmation of order or other document from National Trucks (Aust) Pty Ltd to You) represent the entire understanding between you and National Trucks (Aust) Pty Ltd and National Trucks (Aust) Pty Ltd may vary these Terms from time to time by making an updated set of terms and conditions available on the Website. Any new Terms take effect from the date stated or, where no date is stated, from the beginning of the next day after they become available on the Website.

40. A single or partial exercise or waiver of a right relating to these Terms does not prevent any other exercise of that right or the exercise of any other right.

41. National Trucks (Aust) Pty Ltd shall not be liable for any loss or expenses incurred by you caused or contributed to by the waiver, exercise, attempted exercise, failure to exercise or delay in the exercise of a right by National Trucks (Aust) Pty Ltd.

42. Nothing in these Terms will be construed or deemed to constitute a partnership, joint venture or employment or representative relationship between National Trucks (Aust) Pty Ltd and you.

43. Each obligation hereunder is a continuing obligation, separate and independent from the other obligations of the parties and survives completion of any transaction between National Trucks (Aust) Pty Ltd and you.

44. If any provision (or part thereof) of these Terms is invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remainder of that provision and the remaining provisions of these Terms shall not be affected and such invalid, illegal or unenforceable provision (or part thereof) is to be severed from these Terms.

45. National Trucks (Aust) Pty Ltd need not incur expense or make payment before enforcing a right of indemnity conferred by these Terms.

46. The warranties, undertakings, agreements and continuing obligations in these Terms do not merge on completion.

47. In the interpretation of these Terms, no rule of construction applies to the disadvantage of National Trucks (Aust) Pty Ltd on the basis that National Trucks (Aust) Pty Ltd put forward these Terms or any part thereof.

48. If documents, performance specifications, technical product descriptions or other similar descriptive materials submitted by you in connection with a Purchase Order from you to National Trucks (Aust) Pty Ltd (“Order”) have been incorporated by reference or attachment, these shall constitute a part of this Order.

49. Any expression of acceptance of an Order by the seller of the Chattel to National Trucks (Aust) Pty Ltd, or by National Trucks (Aust) Pty Ltd to you, including (a) your commencement of work on the Chattel(s) subject to the Order or shipment of same, whichever occurs first, or (b) performance of all or any portion of the services subject to the Order, shall constitute an acceptance by National Trucks (Aust) Pty Ltd of such Order which shall be bound by these Terms.

50. Any subsequent amendments to specifications or quantities shall only become part of the Order when authorized in writing by National Trucks (Aust) Pty Ltd.

51. National Trucks (Aust) Pty Ltd shall not be required to make payment for a Chattel delivered to National Trucks (Aust) Pty Ltd that is in excess of the quantities specified in this Order.

52. National Trucks (Aust) Pty Ltd shall not be liable for any Chattel provided to it not expressly contained in the Order.

53. Payments made in connection with the Order shall not exceed the aggregate price for the Chattel that would be manufactured or provided by you under the Order.

54. You shall be solely liable to compensate National Trucks (Aust) Pty Ltd, any related entity of National Trucks (Aust) Pty Ltd, any customer of National Trucks (Aust) Pty Ltd and any related entity of any customer of National Trucks (Aust) Pty Ltd if any Chattel (or component part thereof) does not comply with the description (written and/or oral) of that Chattel (or component part thereof) which you provide to National Trucks (Aust) Pty Ltd, any related entity of National Trucks (Aust) Pty Ltd or any customer of National Trucks (Aust) Pty Ltd. Such compensation will include, but is expressly not limited to, all of the following costs which may be incurred by National Trucks (Aust) Pty Ltd, any related entity of National Trucks (Aust) Pty Ltd and any customer of National Trucks (Aust) Pty Ltd: Repair costs, administration costs, losses of profit as well as legal fees and discretionary enforcement expenses.

55. You warrant that the prices in the Order shall be complete, and no surcharges, premiums or other additional charges of any type shall be added, without the prior written consent of National Trucks (Aust) Pty Ltd. You expressly assume the risk of any event or cause (whether or not foreseen) affecting such prices, including any foreign exchange rate changes, increases in raw materials costs, inflation, increases in labor and other manufacturing costs.

56. If you request that a Chattel be registered with Vic Roads or any similar government instrumentality, You must first pay to National Trucks (Aust) Pty Ltd the standard fee of National Trucks (Aust) Pty Ltd to arrange such registration in the sum of $250 plus GST. This fee includes Vic Roads booking fees, use of trade plates and transport of the Chattel to and from Vic Roads. This fee does not include, and such costs will be additionally borne by You, applicable registration fees, stamp duty and other expenses. In the event that such payment of $250 plus GST is not paid by you to National Trucks (Aust) Pty Ltd, you shall do all things necessary to confer full ownership and possession of the Chattel to National Trucks (Aust) Pty Ltd.

DISPUTE RESOLUTION

57. In the event of a dispute, You agree to engage with National Trucks (Aust) Pty Ltd in line with the dispute resolution process as set out in the Terms and Conditions.

58. In the event of a dispute as to the identity, age, nature of goods sold and/or delivered or any perceived deficiency in goods received, You as purchaser and National Trucks (Aust) Pty Ltd hereby agree that any dispute raised in writing with National Trucks (Aust) Pty Ltd will be responded to within 7 business days of receipt of the complaint.

59. National Trucks (Aust) Pty Ltd shall, in its best endeavours, respond to the complaint within 7 business days with the following as necessary:

  1. Respond to any issues regarding identity, age, nature of goods sold and/or delivered or any perceived deficiency in goods received.
  2. Provide evidence as to the goods as agreed at time of purchase
  3. Provide a resolution for You to consider.

Depending on the nature of the dispute, further time may be reasonably required by our team to adequately investigate and resolve your dispute. During this time, National Trucks (Aust) Pty Ltd will notify you of any progress or efforts being made to resolve your dispute.

60. Upon provision of a resolution by National Trucks (Aust) Pty Ltd You have 14 business days to consider and respond in writing to National Trucks (Aust) Pty Ltd. After which time, the resolution should be considered void and further arrangements will be made.

61. If no resolution can be achieved both parties agree to a mediation to be conducted in Melbourne at the Registered Offices of National Trucks (Aust) Pty Ltd at Level 2, 530 Lonsdale St Melbourne between 10 am and 4pm weekdays where an informal mediation can take place. Both parties can choose to be or not be represented and such mediation must take place within the agreed time frame of no more than 90 days from the date of the response from National Trucks (Aust) Pty Ltd after any complaint is received.

INDEMNITY

62. The Indemnified Party being National Trucks (Aust) Pty Ltd, herein referred to as ‘The Indemnifying Party’ or ‘NTA’ has not required the Indemnifying Party (Purchaser) to undertake the Purchase, but has consented to the Indemnifying Party undertaking the Purchase, subject to the provisions of this Deed of Indemnity (this “Deed”). The Purchaser wishes to voluntarily undertake the purchase and agrees to indemnify and hold National Trucks (Aust) Pty Ltd harmless as described in these terms.

63. National Trucks (Aust) Pty Ltd has not made an independent assessment of the potential risk associated with undertaking the Purchase and the Indemnifying Party is fully aware of the potential risks associated with undertaking the Purchase. The Indemnifying party has confirmed the suitability of application of the item being purchased and has confirmed the specifications including but not limited to the GVM (Gross Vehicle Mass), GCM (Gross Combination Mass), Tare Mass (Unladen Weight of Unit when it is in ordinary running condition and not carrying persons or goods).

64. The Indemnifying Party acknowledges and understands the following risks associated with the Purchase which have been made known to the Indemnifying Party, and the Indemnifying Party acknowledges and understands that there may be other risks associated with the Activity. The Indemnified Party acknowledges its obligations under the Australian Consumer Laws and agrees to be bound by them to the extent the law applies to the item being sold being fit for purpose.

65. The Indemnifying Party agrees that any concerns with the item supplied by the Indemnified Party (National Trucks) will be raised with the Indemnified Party and that the goods or item purchased will be returned to National Trucks at the cost of the Indemnifying Party to allow the opportunity to assess and rectify any concerns the Indemnifying Party may have in relation to any matter concerning the goods, their condition, specification or requirement for repair or modification.

66. Where the services of an Independent / Third Party Supplier have been utilised for the repair, parts, roadworthy, modification or other preparation of the item / vehicle purchased by the Indemnifying Party by the Indemnified Party (National Trucks) the Indemnifying Party acknowledges and indemnifies National Trucks (Aust) Pty Ltd against any claims or costs that may arise as a result of any failures, faults or other defects in the work of the Independent Supplier. The Indemnifying Party acknowledges that any claim or cost for fault or defective work relating to these services is with the Independent Supplier and indemnifies the Indemnified Party (NTA) against any fault of the Independent Supplier and agrees to limit any actions legal or otherwise to the Independent / Third Party Supplier.

67. The Indemnifying Party acknowledges and indemnifies National Trucks (Aust) Pty Ltd against any claims or costs that may arise as a result of any failures, faults or other defects in the work of the Independent Supplier for loss of income or disruption to business a result of any failures, faults or other defects in the work of the Independent Supplier. The Indemnifying Party acknowledges and indemnifies National Trucks (Aust) Pty Ltd against any legal costs in the defence of any claim brought by the Indemnifying Party in relation to this agreement and agrees to reimburse in full such costs to National Trucks (Aust) Pty Ltd.

68. Where repair or preparation works are conducted by the Indemnified Party National Trucks (Aust) Pty Ltd ,the Indemnifying Party agrees to notify the Indemnified Party of any defaults, defects or potential perceived issue with the work at the first possible instance. The Indemnifying Party must then, in consultation with the Indemnified Party, arrange for the return of the vehicle for inspection/repairs to the premises of the Indemnified Party. The Indemnified Party National Trucks (Aust) Pty Ltd, may in its sole discretion agree to allow a third party to inspect or repair any issues with the item/ vehicle and such instructions would only be valid if contained in writing.

69. As a company committed to excellence, the Indemnified Party National Trucks (Aust) Pty Ltd is committed to addressing any fault or issue arising from repair or preparation work and will action such works required promptly upon the return of the item / vehicle purchased to ensure minimum disruption to business. The Indemnifying Party agrees to contact the Indemnified Party and arrange for the return of the vehicle for repairs promptly so as to mitigate any lost time and costs to its business activities and collect the goods at the cost of the Indemnifying Party once works have been assessed and if required repairs completed.

70. The Indemnifying Party understands that any quotes, costs or claims arising from repair works requested or conducted outside of the Indemnified Party’s facility are at their own expense and hereby indemnify and release the Indemnified Party from any claim or cost associated with a third party repair, part, roadworthy or cost not authorised in writing prior by an authorised representative of National Trucks (Aust) Pty Ltd.

71. The Indemnifying Party hereby agrees to indemnify and hold harmless the National Trucks (Aust) Pty Ltd, including its Directors, Officers, Agents, Employees, affiliates, independent contractors and subcontractors from and against any and all liability, loss, costs, damages and expenses (including any legal fees), causes of action, actions, claims, demands, lawsuits or other proceedings, (collectively, “Claims”), arising out of or in any way connected with the Activity. The Indemnifying Party further agrees to indemnify and hold harmless the Indemnified Party, including its Directors, Officers, Agents, Employees, affiliates, independent contractors and subcontractors for any incidental, indirect, special or consequential damages, or any loss of use, revenue or profit, by any person, entity or organisation, including, without limitation, the Indemnified Party or its affiliates, claimed or resulting from such Claims.

REMARKETING PROGRAM

72. National Trucks (AUST) PTY LTD may (in its absolute discretion) provide to you a facility to remarket a Chattel belonging to you. (Remarketing Program. If You wish to take advantage of this facility provided by National Trucks (Aust) Pty Ltd, National Trucks (Aust) Pty Ltd shall provide to you various services which include advertising, transport, vehicle maintenance and modification advantages (with the full details of such advantages available to You, by request, from National Trucks (Aust) Pty Ltd.

73. If you request the services set out in term 59 herof, and National Trucks (Aust) Pty Ltd agrees to provide same to you, You shall remunerate as follows: – (a) For the sale of any Chattel(s) up to and including $49,999.99 (incl. GST), National Trucks (Aust) Pty Ltd shall receive as a first priority payment 6.6% (incl. GST) of the total sale price. (b) For the sale of Chattel(s) of $50,000.00 (incl. GST) or more, National Trucks (Aust) Pty Ltd shall receive as a first priority payment 5.5% (incl. GST) of the total sale price. Other services as per the schedule of fees set out in the Remarketing Program section of the Web Site

PRIVACY

74. You consent to National Trucks (Aust) Pty Ltd providing your personal information to others when the provision relates in any way to your use of the Website or the purchase of a Chattel from National Trucks (Aust) Pty Ltd.

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