Elite Retail Trailers – Terms & Conditions of Sale
1. Build-to-Order Products
All trailers are custom manufactured to the customer’s individual specifications. As each trailer is built to order, minor differences in appearance, component brands and manufacturing methods may occur without affecting the quality, safety or intended use of the trailer.
2. Commercial Manufacturing Standards
Our trailers are hand-built commercial products and involves shipping from another country and tradesmen.
Minor cosmetic imperfections consistent with commercial manufacturing may occur, including but not limited to:
- Minor scratches
- Minor dents
- Minor sealant variations
- Surface marks
- Weld appearance
- Paint texture
- Silicone finish
- Trim alignment
Provided these do not affect structural integrity, safety or intended operation, they are considered acceptable manufacturing tolerances.
3. Customer Inspection Prior to Collection
Customers are encouraged to thoroughly inspect their trailer before taking delivery.
Inspection should include, but is not limited to:
- Interior
- Exterior
- Doors
- Windows
- Cabinetry
- Flooring
- Plumbing
- Electrical components
- Accessories
- Cosmetic condition
Any concerns identified during collection should be brought to our attention immediately so they can be assessed.
Where the customer, or a person authorised on their behalf, attends the collection location, they will be provided with a reasonable opportunity to inspect the trailer before it is removed.
Visible cosmetic concerns should be raised prior to the trailer leaving the collection location wherever reasonably practicable.
Collection of the trailer following inspection indicates that the customer is satisfied that the trailer has been supplied substantially in accordance with the agreed specifications.
4. Plans, Drawings and Specification Approval
Where drawings, floor plans, layouts, specifications or other design documents are provided to the customer for review, the customer is responsible for carefully reviewing them before approving production.
The customer is responsible for checking, where applicable:
- Dimensions
- Door and window locations
- Internal layout
- Cabinetry
- Plumbing locations
- Electrical locations
- Equipment positioning
- Access requirements
- Clearances
- Storage requirements
- Customer-supplied equipment requirements
Production may proceed based on the most recently approved drawings, specifications and written instructions.
Once a design, drawing or specification has been approved, changes requested by the customer may be treated as a variation and may result in additional costs and delays.
Elite Retail Trailers is not responsible for issues arising from information, dimensions or requirements that were not supplied or communicated before production.
5. Regulatory, Council and Business Approvals
Unless expressly agreed otherwise in writing, the customer is responsible for determining whether the trailer and its intended operation require any licences, permits, registrations, planning approvals, council approvals, health approvals, workplace approvals, accessibility requirements or other regulatory permissions.
Different businesses, locations and local government areas may have different requirements.
The purchase of a trailer does not constitute a representation or guarantee that the customer will be permitted to operate their proposed business from the trailer at any particular location.
Customers should make their own enquiries with the relevant authorities before ordering where regulatory approval is important to their intended use.
6. Variations
Changes requested after production has commenced may incur additional costs and revised completion dates.
All variations must be agreed to in writing before implementation.
7. Completion and Collection
Once notified that the trailer is complete, customers must arrange collection or delivery within a reasonable period.
Storage charges may apply where collection is unreasonably delayed.
Risk in the trailer passes to the customer upon collection or delivery, subject to applicable law.
8. Transport and Damage After Collection
Where the customer collects the trailer personally or appoints a third-party transport provider, Elite Retail Trailers is not responsible for loss or damage occurring after the trailer has been collected, except to the extent that Elite Retail Trailers is legally responsible for that loss or damage.
Customers are responsible for inspecting the trailer before transport and ensuring that it is appropriately secured and transported.
Where the customer arranges their own transport provider, that provider operates independently of Elite Retail Trailers.
Any damage believed to have occurred during third-party transport should be raised with the relevant transport provider as soon as reasonably practicable.
9. Warranty and Defects
Elite Retail Trailers warrants that trailers are supplied in accordance with the agreed specifications and will rectify verified manufacturing defects in accordance with our warranty obligations.
Customers must provide reasonable access for inspection before repairs are undertaken.
Elite Retail Trailers reserves the right to inspect and, where appropriate, rectify any verified defect before reimbursement of third-party repair costs will be considered.
10. Third-Party Repairs and Rectification
Customers must notify Elite Retail Trailers of an alleged manufacturing defect as soon as reasonably practicable after becoming aware of it.
Except where otherwise required by law, or where urgent action is reasonably necessary to prevent further damage or address an immediate safety issue, customers must provide Elite Retail Trailers with a reasonable opportunity to inspect and assess the alleged defect before arranging repairs with a third party.
Customers should not authorise repairs, replacement parts or other rectification work at Elite Retail Trailers’ expense without prior written approval.
Elite Retail Trailers will not be responsible for unauthorised third-party repair costs.
11. Customer Modifications and Third-Party Installations
Customers are responsible for modifications, alterations and installations carried out after delivery by themselves or third parties.
This includes, but is not limited to:
- Drilling or cutting into walls, floors or roofs
- Electrical modifications
- Plumbing modifications
- Additional cabinetry
- Equipment installation
- Air-conditioning modifications
- Additional tanks
- Roof penetrations
- Wall penetrations
- Floor penetrations
Where a customer modification or third-party installation causes or contributes to damage or a defect, that damage or defect will not be considered a manufacturing defect to the extent caused or contributed to by that modification or installation.
Customers are encouraged to photograph the condition of the relevant area before undertaking significant alterations.
12. Warranty Exclusions
The warranty does not cover damage or defects resulting from:
- Normal wear and tear
- Misuse or abuse
- Accidental damage
- Transport after collection
- Failure to maintain the trailer
- Customer modifications
- Unauthorised repairs
- Installation of third-party equipment
- Water ingress caused by customer-installed equipment
- Condensation resulting from weather, humidity or operating conditions
Nothing in these exclusions removes any rights that cannot lawfully be excluded.
13. Payload, Weight and Customer Equipment
Customers are responsible for ensuring that equipment, stock, water, accessories and other items added to the trailer after manufacture do not cause the trailer to exceed its permitted weight limits.
Customers must take into account, where applicable:
- Aggregate Trailer Mass (ATM)
- Tare weight
- Available payload
- Water carried
- Equipment weight
- Stock and supplies
- Additional cabinetry
- Batteries and electrical equipment
- Customer-installed accessories
The customer is responsible for ensuring that any equipment subsequently installed is appropriately positioned and does not adversely affect trailer balance, loading or legal weight limits.
Elite Retail Trailers is not responsible for overloading caused by equipment, stock or modifications added after delivery.
14. Towing and Safe Operation
Customers are responsible for ensuring that the tow vehicle used is legally and appropriately rated for the trailer.
Before towing, customers should ensure that all relevant towing equipment and safety systems are correctly connected and operational.
This may include:
- Tow vehicle towing capacity
- Towbar rating
- Trailer coupling
- Safety chains
- Electrical connection
- Electric brake controller where required
- Tyre condition and pressure
- Load distribution
- Jockey wheel position
- Doors, windows and accessories being secured
The customer remains responsible for complying with applicable road, towing and loading laws.
15. Fitness for Purpose
Elite Retail Trailers manufactures trailers according to the specifications agreed with the customer.
Where customers have unique operational requirements, it is the customer’s responsibility to ensure those requirements are communicated before manufacture begins.
Customers intending to install specific equipment should provide all critical equipment measurements, weights and access requirements before manufacture.
16. Cancellation, Deposits and Custom Orders
Trailers are manufactured specifically to customer order and production costs may be incurred immediately after an order is accepted.
If a customer requests cancellation, Elite Retail Trailers may deduct from amounts already paid any reasonable costs, losses and expenses incurred as a result of the cancellation, to the extent permitted by law.
These may include:
- Design and administration costs
- Materials already ordered
- Custom-manufactured components
- Manufacturing work already completed
- Supplier cancellation charges
- Freight or logistics costs
- Other reasonable costs directly associated with the cancelled order
Any refund entitlement will be assessed having regard to the stage of production, costs already incurred and applicable law.
17. Estimated Production, Shipping and Delivery Timeframes
Any production, shipping, arrival or delivery timeframe provided by Elite Retail Trailers is an estimate.
Estimated timeframes may be affected by circumstances including:
- Manufacturing delays
- Material availability
- Supplier delays
- Shipping schedules
- Port congestion
- Customs processing
- Biosecurity or quarantine requirements
- Freight delays
- Weather events
- Industrial action
- Regulatory processing
- Events outside Elite Retail Trailers’ reasonable control
Elite Retail Trailers will use reasonable efforts to complete and deliver trailers within estimated timeframes but cannot guarantee that circumstances outside its reasonable control will not cause delays.
Where a material delay occurs, Elite Retail Trailers will communicate with the customer and provide updated information where reasonably available.
Nothing in this section limits any rights available under applicable law.
18. Photographs
Product photographs shown on our website, social media and advertising are representative only.
Individual trailers may vary depending on customer specifications, upgrades and manufacturing improvements.
19. General Terms
19.1 Customer Responsibility for Information
Customers are responsible for ensuring all information provided to Elite Retail Trailers is accurate, complete and suitable for the intended use of the trailer.
19.2 Third-Party Products and Services
Where third-party products or services are supplied or installed, Elite Retail Trailers is not responsible for defects caused by those products or services to the extent permitted by law.
19.3 Delays Outside Control
Elite Retail Trailers is not liable for delays caused by factors outside its reasonable control, subject to applicable law.
19.4 Use of Trailer
Customers are responsible for ensuring the trailer is used in a safe, lawful and appropriate manner consistent with its design and intended purpose.
