TERMS AND CONDITIONS
1. Schedule of Definitions
Buyer means the entity to whom Goods are supplied by Boss Adventure;
Buyer Credit means financing provided by Boss Adventure to the Buyer to pay for the supply of Goods provided;
Boss Adventure or the Company or Seller means Boss Adventure Pty Ltd (ABN 36 653 162 004) of 15 Activity Cres, Molendinar QLD 4214 and its related entities, including Boss Adventure Pty Ltd trading as Boss Campers and Boss Adventure Pty Ltd trading as Boss Caravans.
Claim means any demand, action or proceeding arising under these Terms;
Contract means a contract of the sale of Goods arising out of an order accepted by Boss Adventure;
Cooling-off period means a one day cooling-off period for Vehicles purchased with a credit arrangement. This period is only valid for purchases where the dealership arranges your loan for a Vehicle or supplies application forms for a credit provider;
Deposit means the non-refundable holding fee for your Vehicle, payable on the day this Agreement is signed;
Delivery means the Goods have been:
1. handed to the Buyer or the Buyers’ Representative;
2. delivered to the carrier or site nominated by the Buyer;
Delivery Services means the delivery of products offered by Boss Adventure;
Delivery Services Providers means third party delivery companies;
Dispute an unresolved claim which arises under these terms and conditions.
Force Majeure Event shall include but is not limited to an Act of God, war, natural disaster (including but not limited to an earthquake, flood, hurricane, or volcano event, wildfire/bushfire, landslide), accidents, fire, storm, pandemic, COVID lockdown and/or transport delays as a result, terrorism, strike, embargo, civil disasters, change of legal/political environment, business disruption, revolt, energy failure and/or external telecommunications failure.
Goods means any Vehicle supplied by Boss Adventure that the Buyer is purchasing under this Agreement;
GST means Goods and Services Tax as provided for in A New Tax System (Goods and Services Tax) Act 1999 (Cth);
Notice means written notice of a dispute in accordance with Clause 12.2;
Parties means the parties to these terms and conditions;
1. the Personal Property Securities Act 2009; and
2. the Personal Property Securities Regulations 2010,
as amended, supplemented, or affected by any other applicable legislation of the Commonwealth, or any State or Territory, of Australia;
PPSA Register means the Personal Property Securities Register within the meaning of, and as defined in, PPSA;
Purchase Order means an invoice, quotation, purchase order or other document detailing the goods wishing to be purchased;
Purchaser means the person who buys, or has agreed to buy any Vehicle or goods from Boss Adventure Pty Ltd;
Terms means the Terms and Conditions set out in this Agreement;
Vehicle means the Vehicle described in Schedule 1 and includes its parts, components, keys, remote opening devices and all accessories and contents supplied by Boss Adventure;
Warranty means a guarantee to repair or replace the products if they fail to be of acceptable quality and the failure does not amount to a major failure;
Warranty Claim means a claim brought over material defects and workmanship within the warranty period; and
Warranty Period means 30 days from the date of purchase, or in regard to consumer guarantee rights a ‘reasonable time’.
1. Boss Adventure Pty Ltd (ABN 36 653 162 004) hereafter referred to as Boss Adventure is a supplier of the vehicle goods described in Schedule 1 (Goods).
2. The Buyer wishes to buy the Goods from the Seller for the price set out in Schedule 1.
3. The Seller has agreed to sell and the Buyer has agreed to buy the Goods on the terms and conditions set out in this Agreement.
3. OPERATIVE PROVISIONS
1.1. Boss Adventure’s Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Good and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure (the ‘Warranty’).
1.2. Boss Adventure offers from the date of purchase under regular use twelve (12) months warranty for all parts and five (5) years for structural warranty limited to walls, roof, suspension, and chassis components.
1.3. Please inspect the Goods immediately upon arrival. You may make a claim under this clause (the ‘Warranty Claim’) for material defects and workmanship in the Goods within 30 days from the date of purchase (the ‘Warranty Period’).
1.4. In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Boss Adventure showing the date of purchase of the Goods, provide a description of the Goods and the price paid for the Goods, by sending a written notice to Boss Adventure.
1.5. Where the Warranty Claim is accepted then Boss Adventure will, at its sole discretion, either repair or replace any defective Goods or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.
1.6. The Warranty shall be the sole and exclusive warranty granted by Boss Adventure, and shall be the sole and exclusive remedy available to you in addition to any other right under law in relation to the Goods in which this warranty relates.
1.7. All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
1.8. The Warranty does not apply to any appearance of the supplied Goods nor to the additional excluded items set for below not to any supplied Goods where the exterior of which has been damaged or defaced, which has been subject to misuse, abnormal service or handling or which has been altered or modified in design or construction.
2. Retention of Title and PPSA
2.1. Items and property pertaining to the Goods supplied will remain the property of Boss Adventure and will not pass on to you until payment of the money owing for the Goods and any other money owing by you to Boss Adventure has been fully paid.
2.2. You shall, at the request of Boss Adventure, assist in taking any measures necessary to protect Boss Adventure’s title of the Goods supplied in the country concerned.
2.3. You must inform Boss Adventure of any seizure or other act of intervention by third parties in relation to the Goods supplied.
2.4. Until the Goods have been paid for in full:
- 4.1. you have possession of the Goods as bailee only;
- 4.2. you must properly store, protect and insure the Goods, including storing them in a manner that shows clearly they are the property of Boss Adventure; and
- 4.3. you may sell or consume the Goods, in the ordinary course of business, but only as the fiduciary agent of Boss Adventure.
2.5. You have no authority to bind Boss Adventure to any liability by contract or otherwise and must not purport to do so.
2.6. You must, if requested by Boss Adventure, deliver up the Goods to Boss Adventure, failing which Boss Adventure is irrevocably authorised to enter the place where the Goods are stored and repossess the Goods, if:
2.6.1. you fail to pay a due amount following demand by Boss Adventure;
2.6.2. you commit an act of bankruptcy;
2.6.3. a receiver is appointed to you;
2.6.4. you go into liquidation, administration or some other form of insolvency administration.
2.6.5. you cease to carry on business; or
2.6.6. you enter into a scheme or compromise with its creditors.
2.7. Boss Adventure’s property in the Goods is not affected if the Goods become a fixture attached to your or a third party’s premises.
2.8. The provisions of this clause apply despite any arrangement between the parties under which Boss Adventure grants you Buyer Credit;
2.9. Boss Adventure may commence legal action against you if Goods are not paid for, although property in the Goods has not passed to the Buyer;
2.10. Title to Goods constituting an order free of encumbrances and all other adverse interests will pass to the Buyer upon delivery of the Goods constituting an order to the Buyer, the Buyer’s nominated agent or courier, as the case may be.
2.11. You irrevocably agree and consent to Boss Adventure registering their interest in the Goods on the PPSA Register pursuant to the provisions of the PPSA.
3. Pricing and Payment
3.1. Prices of the Goods, including all GST and other government taxes in relation to the Goods will be set out in the relevant Invoice.
3.2. In addition to the price payable for the supply of Goods, you must pay the GST payable in respect of that supply.
3.3. You must make payment for the price of all Goods supplied and all relevant charges before or immediately on Delivery, unless Boss Adventures has granted you with Buyer Credit, so that payments then become due within 30 days from the Invoice date or as otherwise agreed.
3.4. You must make all payments without any set off.
3.5. All losses, legal and other costs arising from your failure to pay the total amount payable by the due date are recoverable from your as liquidated damages.
3.6. In circumstances where you are applying for finance with a third-party provider and it is rejected, Boss Adventure will return the deposit amount to the buyer.
3.7. All currency is in Australian Dollars ($AUD).
4. Product Safety, Risk and Responsibility
4.1. You accept responsibility for the proper storage and use of the Goods and must ensure that the Goods are stored and used without risk to people or to the environment.
4.2. You accept that risk of loss or damage to the Goods shall pass to you once Delivery of the Goods has been completed by the Delivery Services or the Delivery Services Providers.
4.3. Risk in the Goods in each order passes to the Buyer upon delivery of the Goods or collection of the Goods by the Buyer or the Buyer’s agent or courier as the case may be.
5. Refund and Cancellation
5.1. You are required to pay a non-refundable Deposit for the Goods, upon entering into this Agreement;
5.2. Should you change your mind, you are required to notify Boss Adventure as soon as possible to organise cancellation.
5.3. In the event that you cancel the Agreement under clause 5.2, Boss Adventure will immediately organise cancellation of this Agreement (with the exception of any surviving clauses), and will retain the Deposit.
5.4. You acknowledge that Boss Adventures reserves the right to refund deposits in exceptional circumstances at its discretion.
5.5. If you are entitled to a refund under this Agreement, Boss Adventure will refund you within a reasonable time, and by a method of its choosing. Boss Adventure accepts no liability for any exchange rate fluctuations that may vary the amount intuitively debited against a credit card or bank transaction and any refund provided.
5.6. Refunds will only be in Australian Dollars ($AUD).
6. Shipping and Delivery
6.1. Where Boss Adventure is unable to deliver the Goods, it may charge you all costs and expenses associated with the delayed delivery.
6.2. Boss Adventure will be deemed unable to deliver the Goods including where (without limitation):
6.2.1. you are unable or unwilling to accept the delivery;
6.2.2. the site where the delivery is to take place is deemed unsafe or unsuitable by Boss Adventure;
6.2.3. you do not pay the price for the Goods in cash or by cheque or by credit card where the Goods were supplied on a payment on or before delivery basis.
6.3. You will not be relieved of any obligation to accept the Goods and to pay Boss Adventure for the Goods by reason of any delay in delivery.
6.4. Boss Adventure has no liability for any loss or damage consequential or otherwise for failure to deliver the Goods or for late delivery of the Goods.
6.5. In the event that the Goods are lost or damaged in the course of delivery, Boss Adventure asks that you:
6.5.1. contact the delivery service provider directly to request a refund or claim on any insurance options available; and
6.5.2. contact us, outlining in what way the products were damaged in transit so we are able to determine if the delivery service provider should be removed.
6.6. Boss Adventure accepts no responsibilities or liabilities for delivery after they have been left at your designated delivery address. Risk and title in the Goods pass to you on the date and time of delivery of the Goods in the delivery address provided in your order.
6.7. You acknowledge and agree that Boss Adventure’s delivery drivers are not authorised representatives of Boss Adventure for any purposes arising under this clause. Boss Adventure may integrate delivery through the use of third-party delivery companies. These third-party delivery service providers and delivery companies are not authorised representatives of Boss Adventure for any purposes arising under these Terms. You acknowledge that Boss Adventure is not the provider of these third-party delivery options and merely facilitates your interaction with the third party delivery service providers and delivery companies.
7. General Disclaimer
7.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
7.2. These Terms govern every contract entered into between Boss Adventure and the Buyer.
7.3. These Terms, the terms of the relevant Invoice, and any other written agreement between Boss Adventure and the Buyer constitutes the entire agreement between them, and supersedes any prior agreement between them.
7.4. Any terms and conditions contained in the Buyer’s order documentation inconsistent with these Terms are expressly excluded.
7.5. After giving the Buyer notice, Boss Adventure may vary these Terms from time to time.
7.6. Subject to this clause, and to the extent permitted by law:
7.6.1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
7.6.2. Boss Adventure will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss or profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to the statute or otherwise.
7.7. Any notice to be given to a party must be in writing.
7.8. Boss Adventure may assign the benefit of these Terms and Conditions to any person.
7.9. Any indulgence or extension of time which Boss Adventure may grant you will not prejudice or interfere with Boss Adventure’s rights under these Terms and Conditions and will not constitute a waiver.
7.10. You are not a partner, joint venturer or agent of Boss Adventure and you are not authorised to hold yourself out as a partner, joint venturer or agent of Boss Adventure or purport to incur any obligation, undertaking or warranty or representation on behalf of Boss Adventure.
7.11. Any illustrations, drawings and descriptive matter, including advertisements accompanying a quotation or included in Boss Adventure’s catalogues, must be regarded as an approximate representation only and are not binding in detail unless stated to be so in Boss Adventures quotation.
7.12. It is your responsibility to satisfy yourself as to the suitability of any Good before making an order.
7.13. Boss Adventure reserves the right to use photos and videos taken for archival, advertising or promotional purposes.
8. Liability and Indemnity
8.1. Boss Adventure’s total liability arising out of or in connection with these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Goods to you or a full refund of the purchase price of the Goods.
8.2. You expressly understand and agree that Boss Adventure, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
8.3. In relation to the supply of goods, to the extent permitted by the ACL, the Seller’s liability is limited to:
8.3.1. replacing the goods or supplying similar goods;
8.3.2. repairing the goods;
8.3.3. providing the cost for replacing the goods or for acquiring equivalent goods;
8.3.4. providing the cost for having the goods repaired.
8.4. Boss Adventure cannot be held liable for any misrepresentation or errors/omissions by a sales agent regarding the Vehicle available and/or features, it is your responsibility to ensure the Vehicle is suitable for your needs.
8.5. To the extent permitted by the ACL, the Seller is not liable, whether claims are made or not, for loss of profit, economic or financial loss, damages, consequential loss, loss or opportunity or benefit, loss of a right or any other indirect loss suffered by the Buyer.
8.6. You indemnify Boss Adventure against any loss or damage you might suffer or incur arising out of delivery of the Goods to anywhere other than a kerbside or road, unless agreed between the parties.
8.7. You acknowledge that Boss Adventure will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services or Delivery Service Providers.
8.8. You agree to indemnify Boss Adventure, its affiliates, employees, agents, contributors and licensors from and against any breach of the Terms.
9. Force Majeure
9.1. Boss Adventures will not be liable for any loss or inconvenience from a delay in delivery or pickup of the Goods caused by a Force Majeure Event.
9.2. If Boss Adventure is wholly or partially unable to perform its obligations under these Terms because of a Force Majeure Event, then:
9.2.1. after the Force Majeure Event arises, Boss Adventure will use reasonable endeavours to notify the Buyer of the extent to which the affected party is unable to perform its obligations;
9.2.2. Boss Adventure will use its reasonable endeavours to mitigate the effect of the Force Majeure Event; and
9.2.3. Boss Adventure will not be liable to the other party for any liability the Buyer suffers or incurs as a result of that Force Majeure Event.
9.3. A Force Majeure Event does not relieve a party from liability for an obligation to pay money in a timely manner prior to the occurrence of that Force Majeure Event.
9.4. If a Force Majeure Event occurs and Boss Adventure reasonably believes that it will continue for a period of more than 30 days, Boss Adventure may take any action reasonably necessary to mitigate the effect of the Force Majeure Event, including:
9.4.1. suspending or postponing deliveries; or
9.4.2. terminating these Terms and any applicable order, at any time thereafter, by notice to the Buyer.
When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Boss Adventure have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
11.1. Boss Adventure may refer you to a third party provider for the purpose of obtaining insurance or finance, where required.
11.2. Boss Adventure is not an authorised representative of any referral partners, however, they will receive a success fee for any client they refer that is successfully converted.
12. Dispute Resolution
If a dispute arising out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
12.3.1. within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
12.3.2. If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator appointed by the President of the Australian Mediation Association or his or her nominee;
12.3.3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs association with the mediation;
12.3.4. The mediation will be held in Sydney, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
12.5. Termination of Mediation:
If 2 weeks have elapsed after the start of mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
13. Venue and Jurisdiction
The Goods offered by Boss Adventure are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to Boss Adventure, you agree that the exclusive venue for resolving any dispute shall be in the courts of QLD, Australia.
This agreement is not to be amended except in writing signed by each of the parties.
15. Governing Law
The Terms are governed by the laws of QLD, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of QLD, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
16. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties have taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any provision of this Agreement is wholly or partly invalid, unenforceable, illegal, void or voidable, this Agreement must be construed as if that provision or part of a provision had been severed from this Agreement and the parties remain bound by all of the provisions and part provisions remaining after severance.