Legend Caravans Pty Ltd T/A Legend Caravans – Terms & Conditions of Trade 1. Definitions 1.6 “Force Majeure Notice” means a notice required to be given (b) display on the website does not guarantee the availability 1.1 “Seller” means Legend Caravans Pty Ltd trading as Legend under Clause 15. of any particular Caravan; therefore, all orders placed Caravans including its successors, administrators, receivers 1.7 “GST” means Goods and Services Tax (GST) as defined through the website shall be subject to confirmation of
and assigns.
acceptance by the Seller (c) on-line ordering may be unavailable from time to time for regularly scheduled maintenance and/or upgrades; behalf of and with the authority of the person or entity, buying the Caravan as specified in any proposal, quotation, order, 1.8 “Site” means of 2 Florey Court, Somerton VIC 3062; (d) there are inherent hazards in electronic distribution, and invoice or other documentation, and: as such the Seller cannot warrant against delays or errors in transmitting data between the Customer and the Seller 1.9 “Price” means the Price payable (plus any GST where (a) if there is more than one Client, is a reference to each applicable) for the Caravan as agreed between the Seller and including orders, and you agree that to the maximum extent Client jointly and severally; and permitted by law, the Seller will not be liable for any losses the Client in accordance with clause 6 below. which the Customer suffers as a result of online-ordering not being available or for delays or errors in transmitting orders; (b) if the Client is a partnership, it shall bind each partner 1.10 Privacy Policy means the privacy policy set out on the (e) when making a transaction through the website, the jointly and severally; and Website; Client’s information will pass through a secure server using (c) if the Client is acting on behalf of a trust, the client shall be SSL (secure sockets layer) encryption technology or any 1.11 Warranty means the warranty policy set out on our Website. bound in their capacity as a trustee and personally; and, other similar technology as disclosed by the Seller and/or displayed on the website. The encryption process ensures that the Client’s information cannot be read by or altered by includes the person or entities executors, administrators, 1.12 Website means the Legend Caravans website outside influences; receivers successors and permitted assigns, and where the https://www.legendcaravans.com.au (f) if the Client is not the cardholder for any credit card being context permits employees, contractors, agents, invitees and 2. Acceptance used to pay for the Caravan, the Seller shall be entitled to any person under their control.. 2.1 The Client is taken to have accepted and is immediately reasonably assume that the Client has received permission 1.3 “Caravan” means any Caravan(s) supplied by the Seller to the bound, jointly and severally, by these terms and conditions if from the cardholder for use of the credit card for the Client (and where the context so permits shall include any the Client places an order for and/or accepts delivery of the accessory goods and/or any supply of Services as hereinafter Caravan. The Client acknowledges and agrees that it has transaction. defined) and is as described on the invoices, quotation, or any received, read and understood this Contract prior making3.2 The Seller reserves the right to terminate the Client’s order if it learns that you have provided false or misleading information, other work authorisation forms as provided by the Seller to the payment or ordering the Caravan. Client. 2.2 In the event of any inconsistency between the terms and interfered with other users or the administration of the Seller’s 1.4 Contract means this terms and conditions of trade as varied conditions of this Contract and any other prior document or business, or breached these terms and conditions. from time to time. schedule that the parties have entered into, the terms of this 4. Errors and Omissions 4.1 The Client acknowledges and accepts that the Seller shall, 1.5 “Force Majeure Event” includes any one or more, or a Contract shall prevail. combination, of the following: 2.3 The Client acknowledges and agrees that this Contract may be without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s): (a) lightning, cyclone, earthquake, natural disaster, landslide, amended by the Seller from time to time without notice; tsunami, or mudslide; 2.4 The Client acknowledges that the supply of Caravan on credit (a) resulting from an inadvertent mistake made by the Seller in the formation and/or administration of this Contract; and/or (b) civil riot or rebellion, revolution, terrorism, insurrection shall not take effect until the Client has completed a credit commotion and military usurped power, act of sabotage or application with the Seller and it has been approved with a (b) contained in/omitted from any literature (hard copy and/or electronic) supplied by the Seller in respect of the Services. act of a public enemy and war (declared or undeclared) or credit limit established for the account. other like hostilities; 2.5 In the event that the supply of Caravan request exceeds the 4.2 In the event such an error and/or omission occurs in (c) ionising radiation, contamination by radioactivity, nuclear, Clients credit limit and/or the account exceeds the payment accordance with clause 4.1, and is not attributable to the negligence and/or wilful misconduct of the Seller; the Client chemical or biological contamination terms, the Seller reserves the right to refuse Delivery. (d) fire, flood at or transgressing onto the Site (or in the 2.6 These terms and conditions are meant to be read in shall not be entitled to treat this Contract as repudiated nor immediate vicinity of the Site which prevents, delays or conjunction with the Terms and Conditions posted on the render it invalid. disrupts access to the Site) or explosion caused by any of Seller’s website. If there are any inconsistencies between the the events described in paragraphs (a) or (b); two documents then the terms and conditions contained in this 5. Change in Control 5.1 The Client shall give the Seller not less than fourteen (14) days (e) epidemics or pandemics to the extent that the Seller document shall prevail. cannot, in compliance with Law, carry out or perform the 2.7 Electronic signatures shall be deemed to be accepted by either prior written notice of any proposed change of ownership of the Services; and party providing that the parties have complied with Section 9 of Client and/or any other change in the Client’s details (including (f) an emergency declared as a disaster under the the Electronic Transactions (Victoria) Act 2000 or any other but not limited to, changes in the Client’s name, address, Emergency Management Act 1986 (Vic) or a public health applicable provisions of that Act or any Regulations referred to contact phone or fax number/s, or business practice). The Client shall be liable for any loss incurred by the Seller as a emergency declared under the Public Health and Wellbeing in that Act. result of the Client’s failure to comply with this clause. Act 2008 (Vic) 3. On-line Ordering 6. Price and Payment 3.1 The Customer acknowledges and agrees that: (a) the Seller does not guarantee the website’s performance; 6.1 At the Seller’s sole discretion, the Price shall be either: 1.2 “Client” means any person or entity, or any person acting on
within the “A New Tax System (Goods and Services Tax) Act 1999”.
PLEASE NOTE: a larger print version of the Terms and Conditions is available from the Seller on request.
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