Terms & Conditions

TRUCKERS TOY STORE (WHOLESALE) PTY LTD
(ABN 72 344 626 447)

Online 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 VIC 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 to the terms and conditions outlined below.

1. Definitions

• Customer means any party or parties making direct purchases of goods and/or services from TTS.
• If there is more than one customer, the obligations of the customer under these terms shall bind all such parties jointly and severally.
• Goods means all or any portion of the goods, materials, equipment and/or parts offered for delivery and/or supply by TTS.
• Invoice means all invoices for goods and/or services supplied by TTS to the customer.
• Services means all or any portion of labour and/or services offered by TTS from time to time.
• Standard Prices means TTS prices in effect at the date of delivery, notification of which will be reserved by TTS.
• Terms means these terms and conditions as amended from time to time, together with any terms implied by law that cannot be excluded.
• TTS means Truckers Toy Store, a registered business name of Truckers Toy Store (Wholesale) Pty Ltd ACN 130 555 298.

2. General

• The whole of the agreement between TTS and the customer is set out in these terms.
• Any other contractual terms of the customer that are contrary to or inconsistent with these terms shall not apply and shall not constitute a counter-offer.
• By receiving delivery and/or supply of the goods and/or services, the customer is deemed to have accepted these terms to the exclusion of all others.

3. Quotations and Pricing

• Prices charged for goods and/or services will be according to a current quotation or otherwise determined by TTS by reference to its standard prices. All prices quoted are inclusive of GST.
• Unless otherwise specified by TTS, prices exclude freight, postage, handling fees, insurance, packing (other than standard packing), crating, delivery and export-related charges.

4. Delivery and Supply

• Any times quoted for delivery and/or supply are estimates only. TTS shall not be liable for any delay or failure to deliver or supply.
• The customer remains obligated to accept and pay for goods and/or services despite any delay in delivery, supply or dispatch.
• TTS reserves the right to stop delivery and supply of goods at any time if the customer fails to comply with these terms.
• The risk of damage, loss or deterioration passes to the customer upon receipt of the goods.
• The customer is deemed to accept delivery when goods are delivered to the customer’s premises or when TTS notifies the customer that the goods are available for collection.
• Any shortage or error in shipment must be reported in writing, including email, within 24 hours of receipt.
• The report must state the relevant invoice number, the goods ordered and the shortage or error claimed.
• TTS will investigate all reports and, if confirmed, rectify any shortage or shipment error.
• Refer also to the TTS Shipping & Delivery Policy.

5. Reservation of Title

• Risk and title in the goods passes to you upon delivery of the goods to your nominated delivery address.

6. Availability of Stock

• Goods and services are subject to change without prior notice.
• Any order that cannot be fulfilled will automatically be back ordered and processed when stock becomes available unless the customer has stated otherwise or clearly marks the order “Do Not Back Order”.
• All deliveries are subject to stock availability and TTS will not be liable for any charges arising from product unavailability.

7. Restrictions

• TTS sells and supplies goods only through persons authorised by TTS to sell specific product categories at approved locations and who comply with TTS terms.
• Subject to Part IV of the Trade Practices Act 1974, the customer must not sell, offer to sell, market, display or otherwise use goods through the internet or by mail order.
• The customer is prohibited from selling, offering to sell, marketing or displaying goods outside Australia.

8. Shipping and Delivery

• TTS will ship by the least expensive route and carrier. Freight charges will appear as a separate item on the invoice.
• TTS shall not be liable for any loss or damage resulting directly or indirectly from freight handling.
• Refer also to the TTS Shipping & Delivery Policy.

9. Return and Exchange of Goods

• All faulty goods must be returned complete with packaging and all component parts where applicable, together 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 only be provided if replacement goods are unavailable.
• Goods will be inspected by quality assurance. Goods that have been tampered with, mishandled, had protective coating removed, or damaged by abuse, accident, corrosion, negligence or improper installation will not qualify for exchange or credit.
• The returns form must quote the invoice number against which the goods were originally supplied.
• TTS reserves the right to refuse any returned goods that do not comply with TTS return terms.
• Refer also to the TTS Warranties and Returns Policy.

10. Privacy Act 1988

• Personal information collected will be used for processing your order and may be shared with third-party delivery agents for delivery purposes.

11. Limitations of Liability

• To the maximum extent permitted by law, all implied conditions, warranties, representations, liabilities and obligations are excluded.
• If TTS is found liable for any matter arising from the sale or supply of goods and/or services, damages recoverable by the customer will be limited to the amounts actually paid for the goods and/or services.
• TTS shall not be liable for any loss of revenue, loss of profit or consequential loss in any way connected with the sale or supply of goods and/or services.

12. Warranties and Indemnities

• No return, exchange, refund or warranty is offered on goods sold as sale items, discontinued goods or clearance stock.
• No warranties are given other than those implied by law and incapable of exclusion.
• To the fullest extent permitted by law, TTS liability for breach of warranty is limited to repair, replacement, supply of equivalent goods, payment of repair or replacement costs, re-supply of services or payment of re-supply costs, as determined by TTS.
• TTS will not be liable for any indirect or consequential loss, or any loss of profit or reputation.
• The customer acknowledges that it has relied on its own skill and judgment, or that of professional advisers, regarding the suitability of goods and/or services, and indemnifies TTS against any related claims.
• Refer also to the TTS Warranties and Returns Policy.

13. Overseas Orders

• The customer acknowledges familiarity with the customs laws of the destination country and accepts full responsibility for compliance with local import laws and payment of any taxes, duties or charges imposed by any relevant authority.

14. Legal Construction

• These terms are governed by the laws of Victoria, Australia, and both TTS and the customer submit to the jurisdiction of the courts of Victoria.
• If any part of these terms is found unenforceable, that part may be severed without affecting the remaining terms.