Your Refund Rights

Please choose carefully.

You are not entitled to a refund if you simply change your mind or make a wrong choice.

You are entitled to a replacement or refund for a major failure and if the trailer:

• is defective (the defect not being caused by you)
• does not do what it is supposed to or what we said it would

Our goods are manufactured to order so you must carefully check all details prior to ordering.

This refund policy applies if you return the goods within a reasonable period, and you can prove that you have purchased the item from us.

Modern Trailers retains the right to repair or replace any part which in the opinion of the manufacturer is defective due to faulty material or workmanship provided that the trailer has been operated in accordance with the manufacturer’s instructions and safe towing practices.

Delivery Policy

All trailers can be picked up from our two Adelaide locations with the location to be advised at the time the order is placed.

Delivery to a transport depot can be arranged for a fee depending on location.

Trailers can be picked up from our Lonsdale branch by a transport company as arranged by the customer.

Delivery Times or Collection

Collection of trailers vary from immediately pick up and up to 10 weeks on orders or custom orders.

INVOICE TERMS AND CONDITIONS OF SALE

1. In this agreement
1. ‘Agreement’ means this Invoice Terms and Conditions of Sale Agreement; and
2. ‘Modern Trailers’ means Modern Trailers Pty Ltd (ACN 097 317 756) and The Modern Trailers Partnership (ABN 12 598 696 475) trading as Modern Trailers, and
3. ‘You’ means the customer and ‘Your’ has a similar reference to the customer, and;
4. ‘Goods’ means the trailers, repairs and other goods and services specified in the invoice, and.
5. ‘The Invoice Price’ means the amount set out on the invoice.
2. General. You agree to accept the Goods sold by Modern Trailers on these terms and conditions which shall apply to the exclusion of all others including any of your terms and conditions (whether on your order form or otherwise). Upon Modern Trailers’ receipt of your order you will be deemed to agree to these terms and conditions of sale to the exclusion of all others. These terms and conditions replace all previous terms and conditions.
3. Payment.
1. 25% (twenty-five percent) non-refundable deposit is required to secure your valid order.
2. Balance of payment is due on pick up of goods.
4. Cancellation. No order may be cancelled except with the consent in writing of Modern Trailers and on terms which will indemnify Modern Trailers against all direct, indirect, and consequential losses.
   Deposits are non-refundable:
1. If any cancellation of a stock item
2. If any cancellation of a product that has been scheduled to be built
3. If any cancellation of a product that has been built and ready for collection
5. Returned Goods. Modern Trailers shall not be under any obligation to accept goods returned by you and will only do so on terms to be agreed in writing in each individual case.
6. Retention of title. Modern Trailers reserves the following rights in relation to the Goods until all accounts owed by you to Modern Trailers are fully paid:
1. legal ownership of the Goods.
2. to enter your premises (or the premises of any associated Company or Agent where the Goods are located) without liability for trespass or any resulting damage and retake possession of the Goods; and
3. to keep or resell any Goods repossessed pursuant to clause 6(b) above.
7. Modern Trailers’ Quotations.
1. Any quotations given by Modern Trailers shall not constitute an offer to sell. An order placed by you pursuant to the quotation given by Modern Trailers is not binding on Modern Trailers unless and until accepted by Modern Trailers.
2. Every quotation is an estimate only and is subject to withdrawal, corrections, or alteration at any time prior to Modern Trailers’ acceptance of your order.
8. Loss. Modern Trailers is not responsible for any loss to you caused for any reason which is outside Modern Trailers’ direct control whether or not such loss is caused by Modern Trailers’ negligence or that of its servants, agents or subcontractors. Your attention is directed to the provision of the Trade Practices Act 1974 (‘the Act’) and other similar legislation which require Modern Trailers to warrant the suitability and fitness of the goods. All such legislative and common law condition, warranties and other rights provided to you are excluded except where it is not lawful to do so. Your attention is directed to Section 68A of the Act. Modern Trailers requires goods to be returned to the place of purchase, and elects to limit its liability as allowed, to any one or more of the following as Modern Trailers may choose:
1. the repair of the goods, or
2. the replacement of the goods or the supply of equivalent goods,
9. Exclusion. Modern Trailers shall not be liable in tort, contract or otherwise for any damage, injury or losses (including economic loss) of any kind suffered or purported to be suffered by you or any third party resulting from, arising out of, or in connection with the acquisition, delivery, use or possession of the goods howsoever caused, including, but not limited to any negligence or breach of contract by Modern Trailers. All legislation which requires Modern Trailers to warrant the suitability and fitness of the goods or services, other common law conditions, warranties and rights provided to you is excluded except where it is not lawful to do so. As permitted at law Modern Trailers will not be responsible for:
1. Defects in goods which Modern Trailers could not reasonably have been aware of at the time the Invoice was made.
2. Any loss or damage suffered by you as a result of damage to goods or delays in services to be provided by Modern Trailers caused by events unforeseen at the time the Invoice was made.
3. Any loss or damage either in contract or in tort for any breach of this invoice including but not limited to loss of profits, damages, costs, and expenses.
10. Warranty. Modern Trailers provides a 5-years (sixty months) structural warranty from purchase completion date for domestic use trailers from the premium trailer range, and 1-year (twelve month) structural warranty for commercial use trailers. This warranty shall not apply to, or include any of the following:
1. accident.
2. abuse or misuse.
3. lack of proper maintenance.
4. deterioration due to normal use and exposure, or.
5. damage and corrosion from environmental conditions such as airborne fallout, salt, sand, stone, hail, windstorm, lightning, flood, and the like.
11. Notification. You agree to notify in writing Modern Trailers of any complaint concerning goods or services provided by Modern Trailers.
12. Inspection. After delivery or collection, you agree to promptly inspect the goods and notify Modern Trailers within seven (7) days of that date of any missing, damaged, or defected goods.
13. Risk. Risk in goods shall pass to you on delivery to you or your carrier.
14. Whole Agreement. This Agreement comprises the whole of the agreement between Modern Trailers and You and replaces any prior agreement whether written or oral. No other terms, conditions or warranties (other than those applied or implied by Statute) are included. Modern Trailers shall have the right to vary the terms of the Agreement at any time upon seven (7) days’ notice to You.
15. Credit Card Application. If You apply for the establishment of a credit account with Modern Trailers. It is agreed that credit facilities will not be provided until this Agreement has been accepted by Modern Trailers and written notice of the opening of the credit account given to You. It is further agreed:-
1. that the person/persons signing this Agreement has/have authority to do so on behalf of You;
2. that the person/persons signing this Agreement has/have made a full and complete disclosure of the matters set out herein; and
3. that Modern Trailers will act on reliance of these representations.
16. Commencement. This Agreement shall commence upon its execution by both parties and remain in force until terminated by either party in accordance with this clause. Modern Trailers may terminate this Agreement at any time without notice. You may terminate this Agreement only if all amounts which are or will become owing to Modern Trailers pursuant to this Agreement or any other sales agreement between Modern Trailers and You are paid in full and You are not otherwise in default of this Agreement.
17. Charge. You agree that the retention of title provided by this Agreement amounts to a Security Interest under the Personal Property Securities Act (Cth) 2009 (‘PPSA’) and that in accordance with Part 3.4 of the PPSA the Security Interest continues in any products or mass which the goods subsequently become processed or co-mingled with. Further, You agree that the Security Interest is a Purchase Money Security Interest as defined in section 14 of the PPSA.
18. You consent to Modern Trailers effecting a registration on the Personal Property Securities Register (‘PPSR’) (in any manner Modern Trailers considers appropriate) in relation to any Security Interest arising under or in connection with or contemplated by this Agreement and You agree to provide all assistance reasonably required to facilitate this including reimbursing Modern Trailers for any fees and charges incurred by Modern Trailers in effecting a registration.
19. You waive the right to receive any notice under the PPSA (including notice of a verification statement) unless the notice is required by the PPSA and cannot be excluded.
20. Notices or documents required or permitted to be given to Modern Trailers for the purposes of the PPSA must be given in accordance with the PPSA.
21. If You make a payment to Modern Trailers at any time whether in connection with this Agreement or otherwise Modern Trailers may, at its absolute discretion, apply that amount as it sees fit. Without limiting the foregoing, Modern Trailers may, at its absolute discretion, apply that payment to:
1. first, satisfy obligations that are not secured;
2. second, satisfy obligations that are secured, but not by a PMSI;
3. third, satisfy obligations that are secured by a PMSI for those obligations and using proceeds from the sale of the collateral subject to that PMSI; and
4. fourth, satisfy obligations that are secured by a PMSI using funds or proceeds from any source.
22. Modern Trailers reserves the right to withdraw credit for any reason whatsoever without notice and to require payment of the total amount due and owing to it by You on demand.
23. Interest. You shall not be charged any interest on payment for Goods made to and received in full by Modern Trailers.
24. Default Interest. If you do not or have not paid for the Goods in full in accordance with the terms of this Agreement Modern Trailers will charge two percent (2%) a month interest compounding on and from the 1st of each following month (‘Interest’) until the Goods and Interest has been repaid in full including all expenses and legal costs at a solicitor/client rate that Modern Trailers incurs in enforcing the payment for the Goods and Interest.
25. Default. If You fail to pay for the Goods and Interest as set out in this Agreement, You shall immediately be in default. Upon default, Modern Trailers may take any legal action it deems necessary to collect payment for the Goods, including but not limited to, the initiation of legal proceedings.
26. Security for Payment. Without limiting any other clause in this Agreement, You, as security for the performance of Your obligations to Modern Trailers under this Agreement, charges in favour of Modern Trailers all and any real and personal property owned by You at any time and wherever situated for an amount equal to the full amount of Goods and Interest.
27. Caveat. You consent to Modern Trailers lodging a caveat over any interest in any real property, land or assets owned by You in relation to the charge granted by You pursuant to this Agreement. Further, You acknowledge that this Agreement creates a security interest in respect of the aforesaid personal property for the purposes of the PPSA and consents to Modern Trailers registering such security interest on the register established by the PPSA and You shall provide all information and assistance reasonably requested by Modern Trailers to enable and maintain such registration.
28. Right to Discontinue. Modern Trailers may terminate this Agreement without notice to you if you either go into liquidation, are wound up or dissolved or become bankrupt, enter into a scheme of arrangement with your creditors or any class thereof, or place under official management or have a receiver or manager appointed over any of your assets.
29. Terms of Trade.
1. Any purchase terms set by you are excluded unless at any time agreed in writing by us.
2. Where the purchaser is a company then the person or persons signing this invoice agree jointly and severally with the company to pay Modern Trailers any amount which is due or owing by the purchaser to Modern Trailers as at the date of the invoice or which may become due or owing to Modern Trailers by the purchaser.
30. No Authority. You will not raise any objection to the powers of your officers or any other person or persons purporting to act on your behalf (‘your officer’) who accept these invoice terms and the goods or deny liability for payment that is due even if your officer has acted outside his or her authority.
31. Force Majeure. Modern Trailers will not be liable for any delay or failure to perform our obligations if due to any act, omission, or circumstance over which Modern Trailers could not reasonably have exercised control.
32. Delivery. The delivery times made known to you are estimates only and Modern Trailers shall not be liable for late delivery or non-delivery, and under no circumstances shall Modern Trailers be liable for any loss, damage, loss of profit or delay occasioned to you or your customers arising from late or non-delivery or later installation of the goods.
33. Your Property. Any property belonging to you under Modern Trailers custody shall be entirely at your risk as regards loss or damage caused to the property or by it.
34. Place of Contract. The Agreement shall be governed by the laws of South Australia.