KING CARAVANS PTY LTD STANDARD CONDITIONS OF SALE AND QUOTATION – GOODS ONLY AND MINOR WORKS INSTALLATION
CLAUSE 1 – Placement of Order
1.1 Placement of any order by the Customer shall be in accordance with these terms and conditions, and if a sales quotation was provided, any terms of such King Caravans Sales Quotation (“KCSQ”) and shall bind the Customer to these terms and conditions (notwithstanding any other conflicting terms contained in Customer’s order).
1.2 King Caravans Pty Ltd (“KC”or “King Caravans” will only accept the Customer’s order if satisfied of its credit worthiness.
1.3 If the quotation and sale incorporates installation by King Caravans, then the provisions of Clauses 21, and 22 will apply but not otherwise.
CLAUSE 2 – Interpretation
2.1 King Caravans: means King Caravans Pty Ltd (ABN 22 114 334 593).
2.2 The KCSQ: means the sales quotation prepared by King Caravans for the Customer and which bears a quotation number.
2.3 Customer: means the party referred to in the KCSQ, or the person making the purchase if an online purchase
2.4 The Works: means the Works, the Goods and the Services to which the KCSQ or online order relates.
2.5 The Contract: means these terms being King Caravan’s Standard Conditions of Quotation and Sale – Goods Only and Minor Works Installation, the KCSQ and all attachments thereto.
2.6 Non Standard Goods: means goods which in King Caravan’s opinion are non standard goods irrespective of whether the non standard goods are manufactured by King Caravans or not.
2.7 The Services: means those services provided for in Annexure B Site Works to the KCSQ.
2.8 Building Specification: means the documents referred to in Annexure A to the KCSQ.
2.9 The Date of Practical Completion: means the date of Practical Completion of the Works as may be advised by King Caravans from time to time.
2.10 Date of Commencement: means the date that King Caravans receives from the Customer a signed copy of the KCSQ and receives the deposit in cleared funds, or such other date as may be advised by King Caravans from time to time.
2.11 Date of Delivery: means the date/s stated in the KCSQ, or as advised by King Caravans from time to time.
2.12 Contract Sum: means the total price provided for in the KSCQ plus any variations and any additional costs including transport costs that King Caravans is entitled to pursuant to the Contract.
2.13 Site: means the site or location provided for in the KCSQ.
2.14 Goods: means goods manufactured and supplied by King Caravans pursuant to the Contract.
2.15 Hired Goods: means any new or used goods as forms part of the Works which at all times shall be subject to King Caravan’s terms and conditions of hire.
2.16 Accessories: means goods that have not been manufactured by King Caravan’s but which are provided by King Caravans for use by the Customer with the Goods.
2.17 Used Goods: means goods owned by King Caravans which have been used and which may have been modified by King Caravans for the purposes of the Contract.
CLAUSE 3 – Quotation and Lapse
3.1 The KCSQ shall lapse in 30 days from the date of issue and may be withdrawn by King Caravans at any time prior to acceptance by the Customer for any reason whatsoever.
CLAUSE 4 – Variations
4.1 If the Customer instructs King Caravans in writing or King Caravans considers any instruction from the Customer verbal or written to be an instruction to perform a variation then King Caravans will perform the variation but only after the Customer has agreed the price in writing within 7 days of receipt by King Caravans of the instruction. The agreed price of the variation will be added to or deducted from the Contract Sum. Reasonable extensions of time or reductions of time to the contract shall be granted to King Caravans for variations to the works.
CLAUSE 5 – Payment and GST
5.1 The Customer will pay the contract Sum provided for in the KCSQ plus any adjustments, and all applicable GST and any imposed statutory or other charges whatsoever.
5.2 The Customer will pay any deposit as provided for in the KCSQ on placement of the order plus any necessary disbursements for requested Non Standard Goods.
5.3 King Caravans will notify the Customer when the Goods are ready for dispatch from the factory, and the customer shall have access to inspect the Goods 24 hours prior to dispatch if requested in writing, and shall pay the balance of the Contract Sum before the Goods are dispatched. If the KCSQ refers to more than one Caravan, each Caravan and its freight if any must be paid for in full prior to collection or dispatch, and King Caravans will invoice the Customer for the Caravans progressively upon completion of manufacture.
5.4 All payments required to be made by the Customer to King Caravans under the contract will be made free of any set off or counterclaim and without deduction or withholding whatsoever.
5.5 If delivery is delayed at the request of the Customer and such delay is for more than 7 days then payment of the balance of the Contract Sum shall become immediately due and payable to King Caravans including any applicable storage costs and the Goods shall at all times be at the sole risk of the Customer.
5.6 If King Caravans agrees to allow the Customer to make monthly progress payments for The Goods and/or installation then King Caravans will make a monthly progress claim on the last Friday of each month and the Customer shall pay the amount of the progress claim within 14 days of the date of the progress claim without any deduction whatsoever.
5.7 If installation is to be completed by King Caravans then the balance of the cost of the Works excluding the cost of installation will be paid by the Customer prior to dispatch from King Caravan’s manufacturing facility. The cost of installation will be paid by the Customer to King Caravans within seven (7) days from the date of handover of the Works by King Caravans to the Customer or upon the Customer taking occupancy or possession of the Works whichever is the sooner.
CLAUSE 6 – Completion and Program
6.1 King Caravans will advise the Customer of the program for the commencement and the completion of the Works.
6.2 The Works will be deemed complete if in the reasonable opinion of King Caravans they are either complete ready for shipment, or in the case of manufacture and installation, fit for occupation for use. If the Works are delayed for any reason beyond the control of King Caravans, then the completion date will be deemed extended for the period of the delay.
6.3 If King Caravans is delayed in achieving Practical Completion of the Works for any reason other than its own act or omission, then King Caravans will be entitled to be paid all reasonable costs of delay including overhead recovery.
6.4 If the Customer directs King Caravans to change its program for the performance of the Works then King Caravans will comply with any such reasonable direction. King Caravans shall advise the Customer of the cost and time implications of the Customer’s direction. The Customer shall pay all of King Caravan’s reasonable costs including overhead recovery incurred in following such Customer’s direction.
CLAUSE 7 – Delivery and Packaging
7.1 Unless otherwise provided for in the KCSQ the Customer shall pay all transport costs whatsoever.
7.2 For supply and deliver contracts where no installation is involved, delivery will be deemed complete if the Goods are delivered to the Site referred to in the KCSQ irrespective of whether or not the Customer is in attendance for receipt of the delivery of the Goods.
CLAUSE 8 – Default by Customer
8.1 If the Customer defaults in any provision of the Contract or commits any act of insolvency or enters into a composition with its creditors, or goes into administration, receivership or liquidation then King Caravans shall without prejudice to any rights it may have whatsoever under the Contract or at law be entitled to reclaim any of the Goods as remains the property of King Caravans. King Caravans may also set off any amounts owing by King Caravans to the Customer as against any amounts owing by the Customer to King Caravans and/or suspend or cancel the Works or make a demand upon the Customer for security and any legal or other costs incurred by King Caravans shall be recoverable by King Caravans as against the Customer on a full indemnity and solicitor client basis.
CLAUSE 9 – Liability of King Caravans
9.1 Subject to Clause 10 and 7.2 hereof King Caravans shall bear no liability whatsoever with respect to the Goods immediately the Goods are delivered to site except where King Caravans is to complete installation of the Works.
9.2 It is expressly agreed that the Customer will not pursue any claim against King Caravans or hold King Caravans liable for any consequential losses whatsoever of loss of profits that may be suffered by the Customer arising out of quality defects or the performance by King Caravans of the Contract or failure to comply with any standard as to fitness for purpose or compliance.
9.3 Subject to Clause 10.2 hereof there shall be no implied warranties applicable to this Contract.
9.4 King Caravans will not be liable for any losses or damages suffered by the Customer as either a direct or indirect consequence of any regulatory non-compliance whatsoever resulting from any act or omission on the part of the Customer. The Customer warrants that it has made its own independent inquiries from appropriate professionals on all statutory and regulatory compliance issues as relates to the Contract
9.5 It is expressly agreed that the Customer will not pursue any claim against King Caravans and will not hold King Caravans liable for any losses or damages suffered by the Customer as either a direct or indirect consequence of any change to any statutory requirement or regulatory compliance issue whatsoever that occurs after the commencement of the Contract
CLAUSE 10 – Warrant Design Fitness for Purpose
10.1 King Caravans warrants that the Works will be free from defects in materials or workmanship and if there are such defects then King Caravan’s liability is limited, in the case of the Goods, to the replacement or repair of the Goods or the cost of the replacement or repair of the Goods. In the case of the services, the resupply of the Services or the cost of the resupply of the Services. 10.2 No provision of the Contract shall be read as modifying any rights or liabilities implied by the Trade Practices Act 1974 or any equivalent State legislation which cannot be excluded or modified. 10.3 If any Goods are to be repaired for any reason whatsoever then the Customer will be liable to bear all the cost of the return and delivery of the Goods if onsite repair is impractical as determined by King Caravans
10.4 This warranty shall not apply where the damage complained of was caused by an Act of God or any act, or omission, or negligence or contributory negligence of the Customer, its servants or agents or another.
10.5 Any claim made on warranty must be made in accordance with the manufacturer’s requirements for making claims or within 12 months (or such period as provided for in the KCSQ) after completion of the Works. Notification of any claim must be made in writing within 14 days of the defect becoming known to the Customer.
10.6 In the case of Non Standard Goods, the Customer assumes all responsibility whatsoever for the fitness for purpose of the Non Standard Goods and does not seek from King Caravans nor does King Caravans offer any warranty whatsoever as to the fitness for purpose for Non Standard Goods.
10.7 In the case of Accessories and Non Standard Goods King Caravans is not liable for any warranty and offers no warranty with respect to Accessories but will use its best endeavours to pass on the manufacturer’s warranty and King Caravans does not offer any extension on the manufacturer’s warranty whatsoever for Accessories.
10.8 The sale of Used Goods including any fixtures and fittings by King Caravans to the Customer shall be on an as is where is basis without King Caravans being liable to give any warranty whatsoever. The Customer acknowledges that the Used Goods may not comply with any existing Australian or other Standard, or any relevant building code, regulation or legislative requirement including by laws. The Customer acknowledges to have inspected and satisfied itself with regard to the condition of the Used Goods. 10.9 King Caravans will not be required to define or prescribe the fitness for purpose criteria with respect to the Works, this will be the responsibility of the Customer at all times.
CLAUSE 11 – Insurance, Contractor’s all Risk and Public Liability
11.1 If the Contract is for the supply of the Goods only then the Customer at its own cost in all things will be responsible for arranging its own insurance ex King Caravans manufacturing works.
11.2 If delivery is arranged by King Caravans at the Customer’s cost then King Caravans will take out an insurance policy to cover the Goods in transit and King Caravan’s liability to insure will cease immediately upon delivery of the Goods. The Customer will only require King Caravans to make good loss or damage to the amount obtained by King Caravans from the insurer and King Caravans shall not be liable to the Customer whatsoever for any other damages or consequential loss whatsoever.
11.3 The Customer shall ensure that they have their own Public Liability Insurance for legal liabilities to third parties for bodily injury and/or property damage, in connection with any work carried out by them, their employees, agents and contractors in relation to the Contract
11.4 The Customer shall, to the extent of their negligence, indemnify King Caravans, its agents, employees, successors and its permitted assigns and will keep them indemnified and forever held harmless against all loss, damages claims and awards of any kind which may be imposed upon or awarded against either King Caravans, its agents, employees, successors and/or its permitted assigns arising either directly or indirectly out of the Works and/or the Goods.
CLAUSE 12 – Retention of Title
12.1 Notwithstanding that risk in part of the Works may pass to the Customer, property in and title to any part of the Works and the Goods comprised in the Works will not pass to the Customer until all of the Contract Sum and all other money payable by the Customer to King Caravans has been paid in full and until such time the Customer will hold the Goods as a bailee of King Caravans and a fiduciary relationship will exist between King Caravans and the Customer;
12.2 If the Customer fails to pay King Caravans all or part of the Contract Sum then King Caravans may require the Customer to return the Goods supplied under these Conditions and the Customer grants King Caravans a license to enter the Customer’s premises without notice and without consent during normal business hours to inspect the Goods and at any time take possession of any and all of the Goods or such part thereof that are the property of King Caravans and if necessary dismantle the Works and any existing structure; and
12.3 The Goods must be stored separately and in a manner enabling them to be identified and cross-referenced to particular invoices and the customer acknowledges that if it should mix the Goods with other products or items such that the Goods are no longer separately identifiable then the Customer and King Caravans will be owners in common of the new products.
CLAUSE 13 – Disputes
13.1 Any dispute arising under this Contract shall be resolved by the parties first attempting to resolve the matter by mediation and if the parties are unable to resolve the dispute by mediation, then either party shall be at liberty to litigate the matter or by agreement, arbitrate the dispute.
13.2 If the parties elect to arbitrate the dispute, then they shall agree an Arbitrator. Failing such agreement, an Arbitrator shall be appointed by the President of the State Chapter of the Institute of Arbitrators of Australia.
CLAUSE 14 – Confidential Information, Specifications and Drawings
14.1 Any documents whatsoever disclosed by King Caravans to the Customer and which are marked or are to be treated as confidential by the Customer will not be disclosed by the Customer to any third party without King Caravan’s written consent.
14.2 King Caravans retains all copyright and intellectual property rights whatsoever in all materials it uses or provides to the Customer relating to the performance of the Works.
14.3 If the Customer provides King Caravans with any drawings or other material or documents then the Customer warrants that it is entitled to use those documents and indemnifies and holds harmless King Caravans from any claims that may be brought against King Caravans in relation thereto.
CLAUSE 15 – Design for Non Standard Goods
15.1 If the Customer requires Non Standard Goods, then the Customer must provide King Caravans with all information required by King Caravans to manufacture or install the Non Standard Goods and King Caravans shall not under any circumstances whatsoever be deemed to have sufficient knowledge of the intended use of purpose of any of the Non Standard Goods.
15.2 If the Customer provides design information including working drawings, briefs and any other design documentation that may be necessary for King Caravans to construct the Non Standard Goods then the Customer is deemed and will be accepted as having warranted accuracy and completeness of any documents provided by either the Customer or the Customer’s agents to King Caravans as relates to the Non Standard Goods.
15.3 The Customer warrants that all of the works described in any of the design documents that the Customer has supplied complies in all respects with the provisions of the Building Code of Australia and all applicable codes, Standards, rules regulations and laws whatsoever.
15.4 The Customer shall be responsible for prescribing the fitness for purpose with respect to the Non Standard Goods.
CLAUSE 16 – Testing and Inspections
16.1 The Customer shall bear the cost of all tests and inspections whatsoever.
CLAUSE 17 – Tie Downs
17.1 King Caravans recommends that all transportable buildings or caravans be secured to the ground with tie downs. The Contract Sum does not include the cost of tie downs unless specifically provided for in writing in the Contract.
CLAUSE 18 – Buyback Option and Sale of Used Goods
18.1 If the Customer decides to resell part or all of the Goods under the Contract, then the Customer shall first offer the Goods for sale to King Caravans at a price and on terms stipulated by the Customer.
18.2 If King Caravans elects to purchase the Goods from the Customer then in such case the Customer shall warrant that it has title in the Goods, free of all encumbrances, charges or other security interests or claims and that there are no impediments for the completion of such sale whatsoever.
18.3 If King Caravans elects not to purchase the Goods, then the Customer may sell the Goods to any third party provided that the terms and price of such sale are not more favourable to the third party then those offered to King Caravans unless King Caravans consents in writing to the contrary.
CLAUSE 19 – Completion and Program
19.1 It is expressly agreed and acknowledged that any advice given by King Caravans whether verbal or in writing as to the completion and/or programming of the Works shall be a statement made in good faith based on King Caravans known manufacturing and/or project commitments at the time of the advice.
19.2 King Caravans reserves the right to revise any commencement and/or any completion date of any activity whatsoever after undertaking a review of King Caravans manufacturing and/or project commitments prevailing at the date of the Customer’s acceptance of the KCSQ.
CLAUSE 20 – Force Majeure
20.1 Where an Event of Force Majeure prevents King Caravans from performing some or all of its obligations under this Contract, the obligations shall be suspended for the duration of and to the extent of the effect of the Event of Force Majeure provided King Caravans has given notice of the Event of Force Majeure (including an estimate of the extent to which King Caravans will be unable or delayed in performing its obligations) to the Customer. “Event of Force Majeure” means the occurrence of an event or circumstance beyond the reasonable control of King Caravans including acts of God, war, sabotage, riot, insurrection, civil commotion, flooding (including flash flooding and inundation), and other national emergencies (whether in fact or law), or strikes or availability of Non Standard Goods.
CLAUSE 21 – Site Conditions
21.1 If King Caravans is required to perform the Works, which include the Services, then the Customer at its own cost in all things shall assume all responsibility for all site conditions above and below that surface including environmental matters as may be applicable to the Site and the Customer warrants that it has sought and obtained all necessary approvals and shall be deemed to have made all necessary due inspection and inquiry of all matters pertaining to the Site and warrants that:
(a) The Works are capable of being performed on the Site.
(b) King Caravans will at all times have sufficient access to the Site to complete the installation by the Date for Practical Completion
(c) The Customer will provide adequate site facilities.
(d) The Customer will provide adequate secure storage for King Caravan’s equipment along with adequate facilities to ensure that King Caravans can perform the works safely and in accordance with King Caravans Work Health & Safety requirements (a copy of which will be made available to the Customer upon request).
(e) The Customer will be responsible for obtaining all necessary permits and approvals necessary for the performance of the Works and for paying all Necessary fees/charges. If the Customer requests that King Caravans offer assistance to the Customer in complying with this provision then King Caravans shall be entitled to charge a fee to be valued as a variation.
(f) The Customer in undertaking its site inspection, has taken into account all legislative requirements and costs whatsoever as apply to the Site and the Works.
21.2 The Customer will prior to King Caravans commencing the Works make available to King Caravans all documents and information relevant to ground conditions including all necessary geotechnical reports and details of sub strata conditions that King Caravans may reasonably require to properly perform the Works and the Customer shall warrant the accuracy of all such information.
CLAUSE 22 – Defect’s Liability
22.1 King Caravans will provide a Defects Liability Warranty with respect to all installed works for the period of 12 months or for such other period as may be provided for in the KCSQ.
CLAUSE 23 – Subcontracting
23.1 King Caravans may subcontract any part of its obligations under this Contract.
CLAUSE 24 – Liquidated Damages
24.1 Liquidated damages will not apply to any element of this Contract unless specifically provided for in the KCSQ
24.2 King Caravans shall not in any circumstances whatsoever be liable to the Customer for any consequential losses whatsoever.
CLAUSE 25 – Work Health and Safety
25.1 King Caravans Work Health and Safety policy shall apply with respect to the Contract.
25.2 The Customer will be provided with a copy of King Caravans Work Health and Safety policy on request and is deemed in any event to have read and understood its provisions.
CLAUSE 26 – Industrial Relations
26.1 The Customer agrees to bear the reasonable costs of all industrial relations matters which are outside of King Caravans control as may be applicable to this Contract from time to time.
26.2 The Customer agrees to reimburse King Caravans for all reasonable costs incurred by King Caravans as a consequence of any changes to any award or applicable site conditions after the date of this Contract.
CLAUSE 27 – Online Orders
27.1 In relation to online orders, photos on our website are indicative only, and the caravan supplied is not the caravan photographed. Items in the photos such as laptops, linen, refridgerators and tvs are not included.
27.2 Orders that are exported within 60 days may not be subject to Australian GST, and as such GST will not be included in the price when the customer indicates the Goods will be exported within 60 days such that the sale is not subject to GST under Australian Law
27.3 Delivery for online orders is at the Customers expense, and must be organised by the Customer
27.4 If the Customer does not collect the Goods within 14 days of being requested to do so by KC, the Customer must pay to KC $200 per week in storage fees, which must be paid prior to release of the Goods
27.5 KC may request further deposits, installment payments or final payments on Goods the Customer has purchased, and the Customer will make such payments within 14 days of such request. If such payments are not made as required, the deposit and any installment payments paid by the Customer are forfeited, and the Contract is at an end.
King Caravans Standard Conditions of Sale 2016