EGRITECH
TERMS & CONDITIONS FOR SUPPLY OF TRAILERS
1. Parties
This agreement is between Egritech (Company) and the Buyer.
2. Application
These Terms & Conditions apply to all supply of trailers and prevail over any inconsistent terms unless agreed in writing.
3. Supply
Trailers supplied in accordance with agreed specifications and Australian standards.
3.1 Any variation requested by the Buyer must be agreed in writing and may result in additional cost and/or delay. The Company is not obliged to proceed with variations until payment for the variation is made or agreed.
4. Orders
Orders must be in writing and are binding once accepted by the Company.
5. Price and Payment Terms
All prices are in AUD and exclusive of GST unless stated otherwise. The Company has a lien over the Goods until full payment is received.
Payment schedule:
– 10% deposit on order
(The deposit secures a production slot and covers initial costs. In the event of cancellation, the Company may retain from the deposit an amount equal to its reasonable costs incurred.)
– 20% project approval
– 20% payable 7 days before commencement of build
– 40% on commencement of fit out
– 10% balance plus freight before delivery
Any delay caused by the Buyer (including late approvals or payments) may extend delivery time and incur additional costs.
Delivery minimum 12 weeks from receipt of deposit (usual circumstances). The Company is not liable for delays caused by supply chain, labour, weather or other factors outside its control.
Bank Details: Egritech | BSB 062-948 | Acc 2284 9691
The Company may suspend work if payments are overdue and will not release Goods until paid in full.
6. Non Payment
The Client must pay all amounts due under this Agreement by the specified due dates. Time is of the essence in respect of all payments.
6.1 Suspension for Non‑Payment: If any payment remains unpaid after its due date, the Company may, upon written notice to the Buyer, suspend all work on the Unit until such time as payment is received in full. The Company is not responsible for any delay, cost increase, or variation arising from such suspension.
6.2 Default Notice: If a payment remains outstanding for more than 7 Business Days, the Company may issue a written notice of default requiring the Client to remedy the non-payment within 3 Business Days of the date of the notice.
6.3 Termination for Non‑Payment: If the Client fails to remedy the default within the specified period, the Company may terminate this Agreement by written notice.
6.4. Abandonment and Ownership: Upon termination for non-payment, the Unit being manufactured (whether completed or partially completed) remains the property of the Company. The Company may treat the project as abandoned by the Client.
6.5 Completion, Repurposing or Sale: Following termination, the Company may, at its discretion complete, modify or repurpose the Unit; and/or Sell or otherwise dispose of the Unit to a third party.
6.6. Recovery of Costs: The Company is entitled to recover all reasonable costs incurred in connection with the project, including but not limited to;
Labour and materials
Design and administration costs
Storage, handling and transport costs
Costs associated with resale or disposal
These costs may be deducted from any amounts already paid by the Client.
6.7. Accounting and Refund Following resale or disposal:
Any surplus funds remaining after deduction of amounts owed and reasonable costs will be refunded to the Client. If the Company’s costs exceed the amounts paid by the Client, the Client remains liable to pay the outstanding balance.
6.8 No Penalty: The parties agree that this clause represents a genuine pre-estimate of costs and losses likely to be incurred by the Company in the event of non-payment and is not intended to operate as a penalty.
7. Delivery
Delivery dates are estimates only and subject to production and supply conditions. If the Buyer fails to take delivery within 7days] of notification, the Company may charge reasonable storage fees and/or treat the Goods as subject to the non-payment and abandonment provisions.
8. Risk, Title and PPSA Security Interest
8.1 Risk passes to the Buyer upon delivery.
8.2 Title remains with the Company until full payment is received.
8.3 Buyer holds Goods as bailee and must not dispose of them.
8.4 This agreement creates a PPSA security interest which the Company may register.
8.5 On default, Company may enter premises and repossess Goods.
8.6 Sale proceeds must be held on trust for Company until paid.
8.7 Buyer waives PPSA notice rights to extent permitted by law.
9. Inspection and Acceptance
Buyer must inspect Goods within 7 days of delivery and notify any defects. Minor variations in materials, finishes or components may occur and do not constitute a defect.
10. Australian Consumer Law
Statutory guarantees under the ACL apply and cannot be excluded.
11. Warranty
11.1 Company provides 12 month warranty for defects in materials and workmanship.
11.2 Remedies include repair, replacement or partial or full refund.
11.3 Warranty work must be carried out at Company premises in Victor Harbor, South Australia.
11.4 Buyer is responsible for transport and costs to and from site.
11.5 Warranty excludes misuse, overloading, poor maintenance, or unauthorised repairs.
11.6 Liability limited to warranty remedies.
11.7 Where warranty or repair work requires transport, risk remains with the Buyer during transport to and from the Company.
12. Liability
Company is not liable for indirect or consequential loss. Liability limited to repair, replacement or refund.
13. Buyer Obligations
Buyer must use and maintain trailers in accordance with applicable laws and instructions. The Buyer is responsible for arranging insurance upon the unt leaving the Companies premises or collection. The Company is not responsible for loss or damage after risk passes.
14. Returns
Custom trailers are non-returnable unless defective and approved by Company.
15. Force Majeure
Neither party liable for delays caused by events beyond reasonable control.
16. Termination
Company may terminate for breach, non-payment or insolvency.
17. Dispute Resolution
Parties will attempt good faith negotiation.
If unresolved, mediation in South Australia.
If still unresolved, court proceedings may commence.
Urgent relief may be sought at any time.
18. Governing Law and Jurisdiction
This agreement is governed by the laws of South Australia.
Parties submit to the exclusive jurisdiction of South Australian courts.
19. Entire Agreement
This document constitutes the entire agreement between the parties.