Terms and Conditions

Terms And Conditions Of Sale

1. OUTLINE
1.1 Application: These Terms + Conditions apply to all Goods and/or Services we supply.
1.2 Agreement: Each Agreement consists of:
1.2.1 these Terms + Conditions; and
1.2.2 the relevant Order or Quote (subject to clause 2.5).
1.3 Acceptance: An Agreement becomes binding when:
1.3.1 we accept your Order;
1.3.2 you accept a Quote;
1.3.3 you accept delivery of any Goods or Services; or
1.3.4 you make any payment for Goods or Services.

2. QUOTES & ORDERS
2.1 Quotes: We may issue a Quote, which may be withdrawn at any time before acceptance unless stated otherwise.
2.2 Accepting Quotes: You may accept a Quote according to its stated terms (if capable of acceptance).
2.3 Review of Orders: All Orders are subject to our review and written acceptance.
2.4 Expiry: If a deposit is not placed within 7 days of a Quote (or within the Quote’s stated acceptance period), the terms may require reconfirmation.
2.5 No additional terms: Unless we expressly agree in writing, we are not bound by any additional or different terms provided by you.

3. FEES
Fees are payable in Australian dollars as stated in the Agreement. If not stated, our published fees at acceptance apply. You must also pay all applicable taxes, charges, insurance, delivery costs and related amounts.

4. PAYMENT
4.1 Invoice: We will invoice you for all amounts due unless otherwise stated.
4.2 Deposit: A deposit ($5,000 for campers and $2,500 for trays) or other agreed amount is required before work is scheduled or commenced.
4.3 Final Payment: Final amounts are due on or before substantial completion, determined at our discretion.
4.4 Payment Method: Payments must be made by direct credit (EFT, BPAY) or another method we approve in writing. Bank: Bendigo Bank Bank, Account Name: Tommy Campers, BSB 633 000, Account Number: 176 588 788.
4.5 Credit Card Fees: Credit card payments attract an additional percentage charge.
4.6 Enforcement Costs: We may recover any costs incurred in collecting overdue amounts.
4.7 Credit: We may grant or withdraw credit at our discretion.
4.8 No Set-Off: You may not deduct or set off any claims against amounts payable to us.

5. DEFAULT INTEREST
5.1 Interest: Overdue amounts may accrue interest at the Reserve Bank cash rate plus 4% per annum, compounded daily.
5.2 Application: Payments are applied first to outstanding interest.

6. TERMINATION
6.1 Termination by Us: We may terminate an Agreement if a Default Event occurs.
6.2 Effect of Termination:
6.2.1 all outstanding amounts become immediately due; and
6.2.2 rights and remedies accrued before termination remain in force.

7. DELIVERY, TITLE & RISK
7.1 Delivery: Goods will be delivered as agreed or to your nominated location or agent.
7.2 Delays: We will take reasonable steps to meet delivery expectations but are not liable for delays.
7.3 Title: Title to Goods remains with us until paid in full. We may remove Goods not yet paid for.
7.4 Risk: Risk in your vehicle and any fitted Goods remains with you while on our premises or under our control. You must maintain appropriate insurance.

8. EXPRESS WARRANTIES
8.1 We warrant that:
8.1.1 Goods will meet specifications in the Agreement;
8.1.2 Services will be performed with reasonable skill within a reasonable or agreed time;
8.1.3 reversing cameras/sensors comply with applicable Australian standards;
8.1.4 all manufactured products carry a five-year warranty manufacturers warranty provided all maintenance requirements are up to date.  This warranty applies to the original purchaser and the original installation only. This excludes electrical accessories, which retain only the manufacturer’s own individual warranties.  

Service Items (Owners Responsibility):
8.2.1 Lubrication of moving parts
8.2.2 Batteries charge and condition
8.2.3 Routine maintenance including nut and bolt checks

8.3 Making a Warranty Claim:
8.3.1 Contact Tommy Campers (first point of contact).
8.3.2 All work must be assessed by an Authorized Repair Agent and a quote sent to Tommy Campers Head Office for approval.
8.3.3 Once approved, Tommy Campers will issue a Warranty Approval to the repair agent.
8.3.4 When making a claim, provide: Full name (as per purchase contract). Contact details, Tommy Camper VIN Number, Date of purchase

9. CROSS TRAFFIC SENSORS
9.1 We may remove and reinstall OEM reversing or sensor equipment as part of our Services.
9.2 We will aim to reinstall equipment in a similar location, but exact geometry may differ.
9.3 We do not guarantee original performance after relocation and accept no liability for issues arising from repositioning, except as required by law.

10. EXCLUSIONS & LIMITATIONS
10.1 Subject to clause 11, these limitations apply.
10.2 All non-stated warranties or guarantees are excluded to the fullest extent permitted by law.
10.3 We exclude all liability relating to an Agreement to the fullest extent permitted by law.
10.4 We are not liable for:
10.4.1 Unauthorised alterations to Goods or modifications not done by the Company.
10.4.2 Misuse or non-recommended use outside of intended purpose;
10.4.3 Events beyond our control.
10.4.4 Work carried out by unauthorized repairers.
10.4.5 Poor maintenance or unsafe operation
10.4.6 Exposure to abnormal environmental conditions (water, fire, pressure, etc.)
10.4.7 Normal wear and tear (e.g., stone chips, scratches)
10.4.8 Water damage from creek crossings or flooding
10.4.9 Use in extreme or corrosive environments
10.4.10 Overloading of the camper
10.4.11 Continued use after a defect becomes apparent

10.5 Liability Cap: Our liability is limited, at our option, to the remedies allowed under this clause for Goods or Services.
10.6 We give no warranty for goods or services supplied by third parties; their own terms and laws apply.

11. STATUTORY RIGHTS
11.1 If you are a “consumer” under the ACL, applicable guarantees and rights apply.
11.2 Nothing in these terms excludes rights that cannot legally be excluded.

12. GST
12.1 Fees are inclusive of GST unless stated otherwise.
12.2 Applicable GST will therefore be paid as a part of the amounts due.
12.3 We will issue tax invoices enabling GST credits where permitted.
12.4 For third-party taxable supplies, we will request a tax invoice from that supplier

13. FORCE MAJEURE
If a Force Majeure Event occurs, we may suspend performance or extend time for performance as reasonably required.

14. ASSIGNMENT
We may assign or subcontract our rights or obligations without notice. You may not do so without our written consent.

15. GOVERNING LAW
All Agreements are governed by the laws of Victoria.

16. DICTIONARY & INTERPRETATION
16.1       Personal pronouns:  Except where the context otherwise provides or requires:
16.1.1   the terms we, us or our refers to the Company; and
16.1.2   the terms you or your refers to the relevant Customer or Client.
16.2       Dictionary: In each Agreement, unless otherwise provided or the context requires, the following terms shall have their meaning as specified:
ACL means the Australian Consumer Law under the Consumer and Competition Act 2010 (Cth) as amended.
Agreement has the meaning given in clause 1.2.
Business Day means a day other than a Saturday, Sunday or public holiday in Victoria, Australia.
Commencement Date means the date stated in the relevant Order Form, Quote or other relevant document in respect of an Agreement.
Company means Tommy Campers whose usual place of business  is at 25 Icon Dr, Delacombe VIC 3356, Australia.
Customer or Client means any person or entity that places an Order with us, or accepts a Quote, or agrees by conduct or by virtue of notice or otherwise to be bound by these Terms + Conditions.
Default Event means any one or more of the following events:
(a)          you cannot pay your debts as they fall due; or
(b)          you breach any provision of an Agreement (which breach, if capable of remedy, is not remedied within 5 Business Days of a request to do so); or
(c)           you are wound up, make a composition with creditors, appoint a liquidator, receiver or administrator or otherwise suffer an event which we consider compromises your credit-worthiness.
Default Interest means an amount payable under clause 5.1.
Force Majeure Event  means any circumstances beyond our reasonable control, including compliance with government actions or laws, failure of utilities, systems or internet, acts of God, pandemics, civil or military action, your acts or omissions, fire, flood, strikes, lockouts, embargoes, war, shortages of labour or materials, riots, supplier or subcontractor defaults, transport delays, or loss or damage to Goods in transit.
Goods means goods supplied by the Company from time to time.
GST means a goods and services tax, or a similar value added tax, levied or imposed by the GST Law.
GST Law has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Invoice means a tax invoice issued in accordance with the GST Law and terms of the Agreement.
Order means an order for Goods and/or Services in writing received by us.
Quote means a quotation, estimate or proposal by us for the supply of particular Goods and/or Services.
Services means services provided by us from time to time.
Terms + Conditions means the terms and conditions set out in this document.
Manufactured product means any aluminium product that we, (Tommy Campers) have fabricated in-house as a component of our trays and canopies.

17. CONTACT US
For any questions regarding these Terms + Conditions, please contact us using the information below:
Tommy Campers
25 Icon Drive
Delacombe, VIC 3356
sales@tommycampers.com.au
03 4372 6777