TRUCKERS TOY STORE (WHOLESALE) PTY LTD

(ABN 72 344 626 447)

ON-LINE PURCHASES – TERMS AND CONDITIONS

THIS AGREEMENT IS A CONTRACT BETWEEN THE CUSTOMER (“YOU”) AND TRUCKERS TOY STORE (WHOLESALE) PTY LTD ABN 72 344 626 447 (“TTS”), 630 SOMERVILLE ROAD, SUNSHINE WEST 3020.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE PLACING YOUR ORDER WITH TTS. BY COMPLETING AND SUBMITTING THE CUSTOMER ORDER FORM ONLINE AND USING THE TTS DEAR B2B PORTAL, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE WITH THE TERMS AND CONDITIONS OUTLINED BELOW.

1. DEFINITIONS

1.1. THE FOLLOWING DEFINITIONS FORM PART OF THESE TERMS AND CONDITIONS.

1.2. CUSTOMER MEANS ANY PARTY OR PARTIES MAKING DIRECT PURCHASES OF ANY GOODS AND/OR SERVICES FROM TTS.

1.3. IF THERE IS MORE THAN ONE CUSTOMER, THE OBLIGATIONS OF THE CUSTOMER UNDER THESE TERMS SHALL BIND ALL SUCH PARTIES JOINTLY AND SEVERALLY.

1.4. GOODS MEANS ALL OR A PORTION OF THE GOODS AND/OR MATERIALS AND/OR EQUIPMENT AND/OR PARTS OFFERED FOR DELIVERY AND/OR SUPPLY BY TTS.

1.5. INVOICE MEANS ALL INVOICES FOR GOODS AND/OR SERVICES SUPPLIED BY TTS TO THE CUSTOMER.

1.6. SERVICES MEANS ALL OR A PORTION OF LABOUR AND/OR SERVICES OFFERED BY TTS FROM TIME TO TIME.

1.7. STANDARD PRICES MEANS TTS’ PRICES IN EFFECT AT THE DATE OF DELIVERY, NOTIFICATION OF WHICH TO THE CUSTOMER WILL BE RESERVED BY TTS.

1.8. TERMS MEANS THESE TERMS AND CONDITIONS AS AMENDED FROM TIME TO TIME AND THOSE, IF ANY, WHICH ARE IMPLIED AND WHICH CANNOT BE EXCLUDED BY LAW.

1.9. TTS MEANS TRUCKERS TOY STORE, A REGISTERED BUSINESS NAME OF TRUCKERS TOY STORE (WHOLESALE) PTY LTD ACN 130 555 298.

2. GENERAL

2.1. THE WHOLE OF THE AGREEMENT BETWEEN TTS AND THE CUSTOMER IS SET OUT IN THESE TERMS.

2.2. ANY OTHER CONTRACTUAL TERMS OF THE CUSTOMER (WHETHER UPON THE CUSTOMER’S ORDER OR ELSEWHERE) THAT ARE CONTRARY TO OR INCONSISTENT WITH THESE TERMS SHALL NOT APPLY NOR SHALL THEY CONSTITUTE A COUNTER-OFFER.

2.3. BY RECEIVING DELIVERY AND/OR SUPPLY OF THE GOODS AND/OR SERVICES, THE CUSTOMER SHALL BE DEEMED TO HAVE ACCEPTED THESE TERMS AND TO HAVE AGREED THAT THEY SHALL APPLY TO THE EXCLUSION OF ALL OTHERS.

3. QUOTATIONS AND PRICING

3.1. PRICES CHARGED FOR GOODS AND/OR SERVICES WILL BE ACCORDING TO A CURRENT QUOTATION FOR THOSE GOODS AND/OR SERVICES. OTHERWISE, THEY WILL BE DETERMINED BY TTS BY REFERENCE TO ITS STANDARD PRICES. ALL PRICES QUOTED WILL BE INCLUSIVE OF GST.

3.2. UNLESS OTHERWISE SPECIFIED BY TTS, THE PRICES EXCLUDE COSTS (FREIGHT AND POSTAGE AND HANDLING FEES ETC), DUTIES AND CHARGES IN RELATION TO INSURANCE, PACKING (OTHER THAN THE STANDARD PACKING OF TTS), CRATING, DELIVERY (WHETHER BY ROAD, RAIL, SHIP OR AIR) AND EXPORT OF THE GOODS.

4. DELIVERY & SUPPLY

4.1. ANY TIMES QUOTED FOR DELIVERY AND/OR SUPPLY ARE ESTIMATES ONLY AND TTS SHALL NOT BE LIABLE FOR FAILURE TO DELIVER/SUPPLY OR FOR DELAY IN DELIVERY/SUPPLY. THE CUSTOMER SHALL NOT BE RELIEVED OF ANY OBLIGATION TO ACCEPT OR PAY FOR GOODS AND/OR SERVICES BY REASON OF ANY DELAY IN DELIVERY/SUPPLY OR DISPATCH.

4.2. TTS RESERVES THE RIGHT TO STOP ANY DELIVERY AND SUPPLY OF GOODS AT ANY TIME IF THE CUSTOMER FAILS TO COMPLY WITH THE TERMS.

4.3. THE RISK OF DAMAGE, LOSS OR DETERIORATION OF ANY GOODS WILL PASS TO THE CUSTOMER UPON THE DATE OF RECEIPT OF THE GOODS.

4.4. THE CUSTOMER IS DEEMED TO ACCEPT DELIVERY OF THE GOODS WHERE IT IS EITHER DELIVERED TO THE CUSTOMER’S PREMISES OR WHEN TTS NOTIFIES THE CUSTOMER THAT THE GOODS ARE AVAILABLE FOR COLLECTION.

4.5. ANY SHORTAGE OR ERROR IN A SHIPMENT OF GOODS MUST BE REPORTED IN WRITING (INCLUDING EMAIL) BY THE CUSTOMER TO TTS WITHIN TWENTY-FOUR (24) HOURS OF THE CUSTOMER’S RECEIPT OF THE SHIPMENT.

4.6. THE REPORT MUST STATE THE RELEVANT INVOICE NUMBER, THE GOODS ORDERED AND THE SHORTAGE OR ERROR CLAIMED.

4.7. TTS WILL INVESTIGATE ALL REPORTS AND, SUBJECT TO TTS’ CONFIRMATION OF ANY SHORTAGE OR ERROR IN SHIPMENT, TTS WILL RECTIFY ANY SHORTAGE OR ERROR IN SHIPMENT.

4.8. REFER TO TTS “SHIPPING & DELIVERY POLICY.

5. RESERVATION OF TITLE

5.1. RISK AND TITLE IN THE GOODS PASSES TO YOU UPON DELIVERY OF THE GOODS TO YOUR NOMINATED DELIVERY ADDRESS.

6. AVAILABILITY OF STOCK

6.1. GOODS AND SERVICES ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE TO THE CUSTOMER.

6.2. ANY ORDER THAT CANNOT BE FULFILLED WILL AUTOMATICALLY BE BACK ORDERED AND PROCESSED WHEN STOCK BECOMES AVAILABLE UNLESS IT IS THE CUSTOMER’S STATED STANDARD POLICY NOT TO ACCEPT BACK ORDERS OR THE CUSTOMER SPECIFICALLY MARKS ITS ORDER, “DO NOT BACK ORDER”. DELIVERIES AT ANY TIME ARE SUBJECT TO AVAILABILITY OF STOCK AND TTS WILL NOT BE LIABLE FOR ANY CHARGES DUE TO PRODUCT UNAVAILABILITY.

7. RESTRICTIONS

7.1. THE CUSTOMER ACKNOWLEDGES AND ACCEPTS THAT TTS SELLS AND SUPPLIES ITS GOODS ONLY THROUGH PERSONS WHO HAVE BEEN AUTHORISED BY TTS TO SELL SPECIFIC PRODUCT CATEGORIES AT SPECIFIC LOCATIONS AND WHO COMPLY WITH TTS’s TERMS.

7.2. SUBJECT TO PART IV OF THE TRADE PRACTICES ACT 1974:

7.3. UNDER NO CIRCUMSTANCES MAY THE CUSTOMER SELL, OFFER TO SELL, MARKET OR DISPLAY, OR CAUSE TO SELL, OFFER TO SELL, MARKET OR DISPLAY FOR SALE, OR USE IN ANY OTHER WAY GOODS THROUGH THE INTERNET OR BY MAIL ORDER.

7.4. THE CUSTOMER IS PROHIBITED FROM SELLING, OFFERING TO SELL, MARKETING OR DISPLAYING, OR CAUSING TO SELL, OFFER TO SELL, MARKET OR DISPLAY FOR SALE, OR USE IN ANY OTHER WAY GOODS OUTSIDE AUSTRALIA.

8. SHIPPING & DELIVERY

8.1. TTS WILL SHIP BY THE LEAST EXPENSIVE ROUTE AND CARRIER TO ALL POINTS. THE FREIGHT CHARGE WILL BE INCLUDED AS A SEPARATE ITEM ON THE INVOICE. TTS SHALL NOT BE LIABLE TO THE CUSTOMER OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGE WHICH MAY RESULT DIRECTLY OR INDIRECTLY FROM FREIGHT HANDLING.

8.2. REFER TO TTS “SHIPPING & DELIVERY” POLICY.

9. RETURN AND EXCHANGE OF GOODS

9.1. ALL FAULTY GOODS MUST BE RETURNED TO TTS, COMPLETE WITH ONE PACKAGE WITH ALL COMPONENT PARTS (WHERE APPLICABLE). GOODS SHOULD BE RETURNED TO TTS WITH A COMPLETED RETURNS FORM WITHIN TEN (10) DAYS AFTER THE DISPATCH DATE. GOODS DEEMED FAULTY WILL BE REPLACED FREE OF ADDITIONAL FREIGHT CHARGES. REFUNDS WILL NOT BE PROVIDED FOR ANY RETURNED GOODS, UNLESS REPLACEMENT GOODS ARE UNAVAILABLE.

9.2. GOODS WILL BE INSPECTED BY A QUALITY ASSURANCE DEPARTMENT AND GOODS THAT HAVE BEEN PURPOSEFULLY TAMPERED WITH (INCLUDING BUT NOT LIMITED TO GOODS THAT HAVE BEEN MISHANDLED, GOODS THAT HAVE HAD PROTECTIVE COATING REMOVED AND GOODS THAT HAVE BEEN DAMAGED BY ABUSE, ACCIDENT, CORROSIVE ENVIRONMENTS, NEGLIGENCE OR IMPROPER INSTALLATION) WILL NOT QUALIFY FOR EXCHANGE OR CREDIT.

9.3. THE RETURNS FORM REFERRED TO IN CLAUSE 10.1 MUST QUOTE THE INVOICE NUMBER AGAINST WHICH THE GOODS WERE INITIALLY SUPPLIED.

9.4. TTS RESERVES THE RIGHT TO REFUSE ANY RETURNED GOODS THAT DO NOT COMPLY WITH TTS RETURN TERMS.

9.5. REFER TO TTS “WARRANTIES AND RETURNS POLICY”.

10. PRIVACY ACT 1988 (“PRIVACY ACT”)

10.1. PERSONAL INFORMATION COLLECTED WILL BE USED FOR THE PURPOSE OF PROCESSING THE ORDER, AND MAY BE SHARED WITH A THIRD PARTY DELIVERY AGENT FOR THE PURPOSES OF DELIVERING YOUR ORDER.

11. LIMITATIONS OF LIABILITY

11.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, LIABILITIES AND OBLIGATIONS, WHETHER IMPLIED OR IMPOSED BY A STATUTE OR OTHERWISE, IN RESPECT OF SUPPLY OF GOODS AND/OR SERVICES, INCLUDING ANY CONDITIONS OR WARRANTIES AS TO MERCHANTABILITY, FITNESS FOR PURPOSE OR CORRESPONDENCE WITH DESCRIPTION, OR ANY INFORMATION OR ADVICE, ARE EXCLUDED AND ALL LIABILITY FOR LOSS OR DAMAGE, WHETHER CONSEQUENTIAL OR OTHERWISE AND WHETHER ARISING FROM NEGLIGENCE OR FROM ANY OTHER COURSE WHATSOEVER, IS EXCLUDED.

11.2. IF TTS IS HELD OR FOUND TO BE LIABLE TO THE CUSTOMER FOR ANY MATTER RELATING TO OR ARISING IN CONNECTION WITH THE SALE OR SUPPLY OF GOODS AND/OR SERVICES TO THE CUSTOMER WHETHER BASED ON AN ACTION OR CLAIM IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE, THE AMOUNT OF DAMAGES THE CUSTOMER WILL BE ENTITLED TO RECOVER FROM TTS WILL BE LIMITED TO THE AMOUNTS ACTUALLY PAID BY THE CUSTOMER FOR THE GOODS AND/OR SERVICES.

11.3. TTS SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO THE CUSTOMER OR ANY OTHER PERSON (WHETHER DIRECTLY OR INDIRECTLY) FOR ANY LOSS OF REVENUE, LOSS OF PROFIT OR ANY CONSEQUENTIAL LOSS WHATSOEVER IN ANY WAY RELATED TO OR IN CONNECTION WITH THE SALE OR SUPPLY OF GOODS AND/OR SERVICES TO THE CUSTOMER UNDER THESE TERMS.

12. WARRANTIES AND INDEMNITIES

12.1. WE OFFER NO RETURN, EXCHANGE, REFUND OR WARRANTY ON ANY GOODS OFFERED EITHER ON SALE, AS BEING DISCONTINUED OR AS PART OF A STOCK CLEARANCE SALE.

12.2. NO WARRANTIES EXCEPT THOSE IMPLIED AND THAT BY LAW CANNOT BE EXCLUDED ARE GIVEN BY TTS IN RESPECT OF GOODS AND/OR SERVICES SUPPLIED.

12.3. TO THE FULLEST EXTENT PERMITTED BY LAW, THE LIABILITY OF TTS FOR A BREACH OF A CONDITION OR WARRANTY IS LIMITED TO THE REPAIR OR REPLACEMENT OF THE GOODS, THE SUPPLY OF EQUIVALENT GOODS, THE PAYMENT OF THE COST OF REPAIRING OR REPLACING THE GOODS OR ACQUIRING EQUIVALENT GOODS, THE RE-SUPPLY OF SERVICES OR THE PAYMENT OF THE COST OF HIRING THE SERVICES RE-SUPPLIED, AS DETERMINED BY TTS.

12.4. WITHOUT LIMITING THE GENERALITY OF THE ABOVE, TTS WILL NOT BE LIABLE TO THE CUSTOMER FOR ANY INDIRECT OR CONSEQUENTIAL LOSS, OR FOR ANY LOSS OF PROFIT OR REPUTATION.

12.5. THE CUSTOMER ACKNOWLEDGES AND WARRANTS THAT IT HAS RELIED ON ITS OWN SKILL AND JUDGMENT OR, ALTERNATIVELY, ON THE SKILL AND JUDGMENT OF TRADESMEN AND PROFESSIONAL ADVISERS RETAINED BY IT TO PROVIDE ADVICE AND ASSISTANCE ON THE SUITABILITY OF THE GOODS AND/OR SERVICES FOR SPECIFIC PURPOSES AND PROCEDURES AND, IN THIS RESPECT, SHALL INDEMNIFY TTS FROM AND AGAINST ANY SUIT, CLAIM, DEMAND OR COMPENSATION WHICH, BUT FOR THESE TERMS, THE CUSTOMER MAY HAVE HAD AGAINST TTS.

12.6. REFER TO TTS “WARRANTIES AND RETURNS POLICY”.

13. OVERSEAS ORDERS

13.1. THE CUSTOMER ACKNOWLEDGES THAT THEY ARE FAMILIAR WITH THE CUSTOMS LAWS OF THE COUNTRY TO WHICH THE GOODS ARE TO BE DELIVERED, AND AGREES THAT THE CUSTOMER WILL BE RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL LAWS WHICH MAY RESTRICT THE IMPORTATION OF CERTAIN GOODS, AND WILL BE SOLELY RESPONSIBLE FOR PAYMENT OF ANY PRESENT OR FUTURE TAX, DUTY OR CHARGE WHICH MAY BE IMPOSED OR ASSESSED BY ANY RELEVANT REGULATORY AUTHORITY ON THE GOODS PURCHASED.

14. LEGAL CONSTRUCTION

14.1. THESE TERMS SHALL BE GOVERNED BY AND INTERPRETED ACCORDING TO THE LAWS OF VICTORIA AND TTS AND THE CUSTOMER CONSENT AND SUBMIT TO THE JURISDICTION OF THE COURTS OF VICTORIA IN AUSTRALIA.

14.2. ANY PART OF THESE TERMS BEING THE WHOLE OR ANY PART OF ANY CLAUSE (S) SHALL BE CAPABLE OF SEVERANCE WITHOUT AFFECTING ANY OTHER PART OF THE TERMS.