Elite Retail Trailers – Terms & Conditions of Sale
1. General Terms
1.1. These Terms and Conditions apply to all trailers manufactured, supplied or sold by Elite Retail Trailers (the Seller).
1.2. By accepting a quotation and paying the required deposit, the customer acknowledges and agrees to these Terms and Conditions.
1.3. All trailers are manufactured to order according to the specifications, drawings and inclusions agreed upon between the Seller and the customer.
1.4. The quotation, final approved specifications and these Terms and Conditions collectively form the agreement between the parties.
1.5. Nothing in these Terms and Conditions excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded under Australian Consumer Law.
2. Orders and Deposits
2.1. A 50% deposit of the total purchase price is required to confirm an order and commence manufacturing.
2.2. Orders are not confirmed or allocated to a manufacturing batch until the deposit has been received and the required documentation has been completed.
2.3. Each trailer is custom-manufactured according to the customer’s approved specifications.
2.4. Once manufacturing has commenced, the deposit is non-refundable in the event of a change of mind or customer-initiated cancellation, to the extent permitted by law.
2.5. This does not affect the customer’s rights under Australian Consumer Law, including where the Seller is unable to fulfil or deliver the order as agreed.
2.6. Any amount retained following cancellation will be subject to applicable law, including requirements concerning unfair contract terms and unreasonable cancellation charges.
3. Payment Terms
3.1. Unless otherwise agreed in writing, payments are structured as follows:
- 50% Deposit: Payable to confirm the order and commence production.
- 30% Progress Payment: Payable once the trailer has been manufactured and prepared for shipping, generally approximately 4–6 weeks after production commences.
- 20% Final Payment: Payable upon arrival in Melbourne and before collection or delivery, generally approximately 4–6 weeks after the second payment milestone.
3.2. The Seller will provide photographs and/or videos of the completed trailer before requesting the 30% progress payment.
3.3. Progress photographs and videos will also be provided throughout the manufacturing process, including from the initial chassis construction stage.
3.4. All payments must be made by the due dates specified on the relevant invoices.
3.5. The Seller may suspend manufacturing, shipping arrangements or release of the trailer if a payment remains outstanding, after providing reasonable notice and an opportunity to remedy the non-payment.
3.6. The trailer will not be released for collection or delivery until all outstanding amounts have been received in cleared funds.
4. Manufacturing and Production
4.1. Trailers are manufactured overseas by the Seller’s appointed manufacturing facilities and imported into Australia.
4.2. The estimated manufacturing, shipping and arrival timeframe is approximately 10–12 weeks from commencement of production to arrival in Melbourne.
4.3. Timeframes are estimates unless an expressly guaranteed completion or delivery date has been agreed in writing.
4.4. The Seller will use reasonable efforts to maintain the estimated production and shipping schedule.
4.5. The customer acknowledges that production and shipping may be affected by circumstances including manufacturing delays, freight schedules, port congestion, customs inspections and other circumstances beyond the Seller’s reasonable control.
4.6. The Seller will communicate material delays and provide revised estimated timeframes where available.
5. Production Delays and Refunds
5.1. If an unexpected delay occurs, the Seller will notify the customer and provide updates regarding the revised estimated completion or arrival date.
5.2. If the trailer has not arrived in Melbourne within eight weeks after the end of the agreed 10–12-week production and shipping timeframe, the customer may elect to cancel the order and receive a full refund of all amounts paid.
5.3. Alternatively, the customer may agree in writing to continue with the order under a revised estimated timeframe.
5.4. Any refund payable under clause 5.2 will be processed within 14 business days of the Seller receiving the customer’s written cancellation notice.
5.5. Nothing in this clause limits any earlier cancellation, refund or other remedy to which the customer may be entitled under Australian Consumer Law.
6. Specifications, Drawings and Approvals
6.1. The trailer will be manufactured according to the final drawings, specifications, dimensions, materials and inclusions approved by the customer.
6.2. The customer is responsible for carefully reviewing all drawings and specifications before providing written approval.
6.3. Manufacturing will proceed based on the customer’s final written approval.
6.4. Any changes requested after manufacturing has commenced must be submitted in writing and are subject to manufacturing feasibility, additional costs and potential production delays.
6.5. No requested modification is binding unless accepted by the Seller in writing.
6.6. Minor manufacturing variations that do not materially affect the trailer’s appearance, dimensions, intended use, safety or functionality may occur, provided they do not result in a failure to meet agreed specifications or applicable consumer guarantees.
6.7. The Seller must obtain the customer’s approval before implementing material changes to agreed specifications.
7. Commercial Manufacturing Standards
7.1. The customer acknowledges that the trailers are hand-built commercial products manufactured using a combination of manufacturing processes, shipping, assembly and tradesperson services.
7.2. As a result of the manufacturing, handling, transport and installation processes, minor cosmetic imperfections consistent with commercial manufacturing may occur.
7.3. These imperfections may include, but are not limited to:
- minor scratches;
- minor dents;
- minor marks or surface variations; and
- other minor cosmetic imperfections that do not materially affect the trailer’s appearance, structural integrity, safety or intended operation.
7.4. Minor cosmetic imperfections will be considered acceptable manufacturing tolerances where they do not affect the trailer’s structural integrity, safety, compliance, intended use or normal operation.
7.5. This clause does not apply to defects or damage that materially affect the trailer’s structural integrity, safety, roadworthiness, intended operation or compliance with the agreed specifications.
7.6. This clause does not exclude, restrict or modify any rights or remedies that cannot lawfully be excluded under Australian Consumer Law.
8. Delivery and Collection
8.1. Unless otherwise agreed, trailers arrive in Melbourne, Victoria, before being collected or transported to the customer’s nominated delivery location.
8.2. Australia-wide delivery may be arranged at an additional agreed cost.
8.3. Interstate delivery timeframes are estimates and depend on transport availability, destination and freight conditions.
8.4. The customer must provide an accurate delivery address and ensure suitable access for the transport vehicle.
8.5. The Seller will notify the customer when the trailer is ready for collection or dispatch.
8.6. The customer must inspect the trailer within a reasonable time after collection or delivery and notify the Seller promptly of any visible damage, missing items or specification concerns.
8.7. Risk of accidental loss or damage passes to the customer upon physical delivery or collection, except where applicable law requires otherwise.
9. Defects and Incorrect Specifications
9.1. The Seller will take reasonable steps to ensure the trailer is manufactured according to the approved specifications and applicable Australian requirements.
9.2. If the trailer is delivered with defects, damage or material differences from the approved specifications, the customer must notify the Seller and provide reasonable supporting information.
9.3. The Seller will assess the issue and determine an appropriate resolution consistent with its obligations under Australian Consumer Law.
9.4. Depending on the nature of the issue and applicable legal rights, remedies may include repair, replacement, refund or compensation.
9.5. Minor defects that are capable of being remedied within a reasonable time will generally be addressed through appropriate repairs.
9.6. Where a major failure occurs, the customer may be entitled to choose a refund or replacement in accordance with Australian Consumer Law.
9.7. Where the Seller is legally responsible for a defect or non-conformity, reasonable associated costs will be handled in accordance with applicable law.
10. Warranty
10.1. The Seller provides a 24-month warranty covering defects in the trailer’s chassis and structural components, commencing on the date of delivery or collection.
10.2. This warranty applies to manufacturing defects affecting the structural integrity of covered components under normal and intended use.
10.3. The voluntary structural warranty does not cover damage caused by accidents, overloading, misuse, unauthorised structural modifications, improper maintenance or normal wear and tear, except where coverage is required by law.
10.4. Warranty concerns must be reported to the Seller with a description of the issue and supporting photographs or videos where reasonably available.
10.5. The Seller may arrange an inspection or assessment before determining the appropriate warranty remedy.
10.6. For interstate customers, the Seller may coordinate with suitable local tradespeople to complete approved repairs where practical.
10.7. The customer must not authorise third-party warranty repairs at the Seller’s expense without prior agreement, except where the customer is otherwise entitled to recover reasonable costs under applicable law.
10.8. The 24-month structural warranty is provided in addition to, and does not replace or limit, the customer’s statutory rights under Australian Consumer Law.
11. Australian Consumer Law
11.1. Our goods come with guarantees that cannot be excluded under Australian Consumer Law.
11.2. Customers are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.
11.3. Customers are also entitled to have goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
11.4. Where a consumer guarantee applies, the Seller will provide the remedies required by law.
11.5. No provision of these Terms and Conditions is intended to exclude or restrict mandatory statutory consumer protections.
12. Compliance and Registration
12.1. The Seller will supply trailers in accordance with the Australian road vehicle requirements applicable to the trailer as agreed.
12.2. Unless expressly included in the quotation, state or territory registration, insurance and ongoing licensing costs are the customer’s responsibility.
12.3. The customer is responsible for ensuring the trailer is used within its approved Aggregate Trailer Mass (ATM), loading limits and applicable towing requirements.
12.4. The customer must ensure that the towing vehicle is appropriately rated and suitable for the trailer.
12.5. Any modifications undertaken after delivery must comply with applicable laws and must not compromise the trailer’s safety or roadworthiness.
13. Customer-Supplied Equipment and Fit-Outs
13.1. Any appliances, equipment, cabinetry or other fit-out items supplied by the customer must be disclosed and agreed upon before manufacturing.
13.2. The customer is responsible for confirming the suitability and dimensions of customer-supplied equipment unless the Seller has expressly agreed to verify compatibility.
13.3. Any additional works or modifications requested after the specifications have been approved may incur additional charges.
13.4. The Seller is not responsible for damage caused solely by incorrect installation or modification performed by unauthorised third parties, except to the extent required by law.
14. Business Use and Approvals
14.1. Customers are responsible for obtaining any council approvals, permits, business licences or operating approvals required for their intended business activities.
14.2. The purchase of a trailer does not guarantee approval to operate a particular business at any location.
14.3. The Seller does not guarantee that a trailer will be suitable for a particular commercial activity unless that intended use and the relevant requirements have been expressly agreed in writing.
14.4. The customer is responsible for obtaining appropriate insurance for the trailer and its business operations following delivery.
15. Ownership and Title
15.1. Legal ownership of the trailer remains with the Seller until the full purchase price and all agreed outstanding charges have been paid in cleared funds, subject to applicable law.
15.2. The Seller will not release the trailer until payment has been completed.
15.3. Nothing in this clause limits rights or obligations arising under the Personal Property Securities Act 2009 (Cth) or other applicable law.
16. Liability
16.1. The Seller is responsible for its obligations under the agreement and applicable law.
16.2. The Seller does not guarantee the commercial success, profitability or financial performance of any business operated from the trailer.
16.3. To the extent permitted by law, the Seller is not responsible for losses caused solely by the customer’s misuse, overloading, unauthorised modifications or failure to maintain the trailer.
16.4. Nothing in these Terms and Conditions excludes liability that cannot lawfully be excluded, including liability for reasonably foreseeable loss or damage recoverable under Australian Consumer Law.
17. Inability to Fulfil an Order
17.1. If the Seller becomes unable to manufacture, supply or deliver the agreed trailer, the Seller will notify the customer as soon as reasonably practicable.
17.2. Where the Seller cannot fulfil the order and the customer is entitled to terminate, the Seller will refund amounts paid in accordance with applicable law.
17.3. The Seller may propose an alternative trailer or revised arrangement, but the customer is not required to accept a material change to the original agreement.
18. Communication and Dispute Resolution
18.1. All material changes to specifications, pricing, payment arrangements or delivery conditions must be confirmed in writing.
18.2. Any complaint or dispute should initially be submitted to the Seller in writing, with relevant supporting information.
18.3. Both parties agree to make reasonable efforts to resolve disputes promptly and in good faith.
18.4. If a dispute cannot be resolved, either party may pursue remedies available under applicable law, including through relevant consumer protection bodies, tribunals or courts.
18.5. These Terms and Conditions are governed by the laws of Victoria, Australia, subject to any mandatory laws and consumer protections applicable elsewhere in Australia.
19. Acceptance
By confirming build specifications and paying deposit the customer accepts these Terms and Conditions as part of the order process, the customer acknowledges that they have been provided with these terms and have had a reasonable opportunity to review them before committing to the purchase.
