DISCLAIMER

This online manual was compiled to assist the trailer designer/manufacture in the selection of trailer running gear and associated components and is issued for guidance purposes only. While all efforts were employed to ensure the accurate reporting of legislative requirements, all references must be confirmed by the trailer designer/manufacturer with the appropriate instrumentality as such legislation may be revised from time to time. No responsibility will be accepted by Rogers Axle & Spring Works Pty. Ltd. or its agents for any errors and/or omissions. Rogers Axle & Spring Works Pty. Ltd. reserve the right to alter any specifications and/or pricing without notice.

COPYRIGHT

Copyright subsists with this online manual. Such copyrights remain the property of Trailer Design Services Pty. Ltd. The contents of this manual including all illustrations must not be copied, reproduced or transmitted by electronic means without prior written permission from Trailer Design Services Pty. Ltd. Permission for commercial use of illustrations is conditional and subject to payment of a royalty to Trailer Design Services Pty. Ltd.

TERMS AND CONDITIONS OF SALE

1. Price: Willex Trailer Axle Sales Pty Ltd. ( Willex ) shall be entitled to vary the purchase price for goods at any time prior to delivery if the cost to Willex of performing the contract is increased by reason of any cause whatsoever beyond the control of Willex including any increase in labour, material or freight costs, delivery of goods outside normal working hours or to an address other than originally specified by the customer.
2. Terms of Payment: (i) If the customer has a credit account with Willex the purchase price for the goods must be paid for in full within the terms of the credit contract. Any discounts offered on such goods will be subject to withdrawal if payments for the goods is not received within the agreed period.
   (ii) The customer is not entitled to withhold payment or make any deduction from the price in respect of any set-off or counterclaim. If the customer fails to pay for any goods, Willex shall be entitled to postpone its obligations under the contract or any other contract with the customer until payment is made in full to Willex and Willex will be entitled to increase the purchase price to cover any extra expenses incurred thereby.
3. Property in the Goods: Notwithstanding delivery of the goods to the customer, property in the goods shall not pass to the customer until the customer has paid to Willex all sums owing by the customer to Willex. The customer shall, until payment is made in full, hold the goods as bailee for Willex and will store the goods separately from other goods and shall keep them readily capable of separate identification. If payment is not made on or before the due date, the customer hereby acknowledges that it has irrevocably authorised Willex to enter upon the place where the goods are situated and remove the same and the customer shall indemnify Willex against any action, claim or demand arising out of the exercise by Willex of its rights and powers under this clause. This clause applies notwithstanding any agreement between the parties whereby Willex has extended the customer credit. If goods are delivered by instalment, property shall not pass at any instalment until payment has been made to Willex for the whole of the contract quantity. In the event that the customer uses the goods in some manufacturing or construction process of its own or some third parties , then the customer shall hold such parts of the process of such manufacture or construction as relates to the goods in trust for Willex. Such part shall be deemed to equal in dollar terms the amount owing by the customer to Willex as at the time of receipt of such proceeds.
4. Risk: Risk will pass to the customer on delivery of goods notwithstanding that ownership remains with Willex until payment is made in full.
5. Delivery: Willex shall be entitled to make delivery by instalments and determine the manner of delivery. Willex shall be entitled to deliver goods to the premises notified by the customer for delivery even though those premises are unattended at the time of delivery and the parties acknowledge that Willex delivery records shall be prima facie proof of delivery of the goods to the customer. If Willex is prevented from delivering goods for any reason including act of God, strike, lockouts, trade disputes, fire, breakdown, interruption of transport, Willex will be under no liability whatsoever to the customer and shall be entitled at its option to either terminate the contract or extend the time for performance. All freight charges for goods despatched by carriers as requested by the purchaser will be paid direct to the carrier by the customer.
6. Default: Should the customer default in any payment due to Willex with respect to any account owing to Willex, make or propose an arrangement with creditors, have a Receiver, Manager, Liquidator or Administrator appointed to its property whole or in part, be placed under official management, become bankrupt or have execution levied against its assets, Willex shall be entitled to withhold any further delivery and/or require payment in cash before making any further deliveries or any of its contracts with the customer. Any costs incurred to recover goods and/or overdue monies will be payable by the customer.
7. Return of Goods: No return of goods will be accepted without prior written approval from Willex. A reduction of 10% of the invoiced value will apply to goods returned after 14 days from the date of invoice. No goods will be accepted for credit after 30 days from the invoice date or if such goods were manufactured to order.
8. Liability: The customer acknowledges that Willex is under no liability for any defects in goods resulting from or arising out of the production of the same in accordance with information, designs and drawings provided by or approved by the customer and furthermore will not be liable to the customer in respect of any claim that the goods or any of them were not in accordance with the contract unless the claim is lodged with Willex within seven days of delivery of the goods. All conditions, warranties and representations unless expressly set out in these terms and conditions of sale are hereby expressly excluded. The customer acknowledges that Willex is under no liability for any loss, injury or damage (including consequential loss, injury or damage suffered or caused as a result of or arising out of any act or omission whether negligent or otherwise) by Willex, its servants or agents. The customer will indemnify Willex against any claims made against Willex by any third party in respect of any such loss, injury or damage. Where the goods are not of a kind required for personal, domestic or household use or consumption, the liability of Willex for breach of condition, or warranty implied under the Trade Practices Act (not being under Section 69 of that Act) will subject to Section 68A be limited to one of the following as determined by Willex:
   (i) the replacement of the goods/supply of equivalent goods - (ii) repair of goods
   (iii) payment of costs of replacing the goods (iv) payment of costs of having the goods repaired.
9. Security: In consideration of acceptance of this application by the customer and as an essential term of supply, the customer does and if more than one severally do hereby charge all of their real property, present and future, wherever situated with the amount of the customer s indebtedness to Willex from time to time and the customer shall immediately upon demand made by Willex sign all documents and do all things that Willex may reasonably require to be signed or done to further secure to Willex the amount of such indebtedness to Willex including but not limited to whatever documents may be required by Willex to register a Bill of Mortgage over any real property (whether acquired before or after the date of this agreement) or such Bill of Sale or Mortgage Debentures over any or all items of personal property and the customer hereby irrevocably appoints Willex to be the duly constituted attorney for the customer(s) to execute in the customers several names, such consents to caveat/mortgages as Willex may wish to lodge against any dealing in any real property or personal property.
10. Miscellaneous: (i) A certificate signed by an officer of Willex stating the amount due and payable by the customer under any contract shall be prima facie evidence thereof. (ii) Willex will not be deemed to have waived any of its rights under the contract unless such waiver is in writing signed by an officer. (iii) If any part of the contract is or becomes unenforceable, void or voidable that provision shall be severed from the contract so that the validity and enforceability of the remaining provisions of the contract will not be affected. (iv) Each contract will be governed by the law of Queensland and the parties submit to the jurisdiction of the Courts of that State.