1. Definitions
- Camper Trailer means the unit supplied by OPUS Camper to the Customer as described in the OPUS order form.
- Contract means the contract for sale of the Camper Trailer by OPUS Camper to the Customer.
- Customer means a person, firm or corporation buying the camper trailer from OPUS Camper.
- General Terms means the terms at opuscamper.com.au/terms-and-conditions.
- PPSA means the Personal Property Securities Act 2009 (Cth).
- OPUS Camper means Purple Line trading as OPUS Camper (ACN 147 825 250).
- OPUS Order Form means the form attached to these Terms.
- Sale Terms means these Terms and Conditions of Sale.
- Security Interest has the meaning under the PPSA.
2. Basis of Agreement and Orders
- Unless otherwise agreed in writing, the Contract includes the General Terms, these Sale Terms and the OPUS Order Form. If inconsistencies exist, the lower document in the list prevails.
- Any written quotation is valid for 30 days, is an invitation to treat only, and is subject to the Customer offering to enter into the Contract.
- The Contract is accepted when OPUS Camper signs it. In absence of written acknowledgement, the Contract is formed when OPUS Camper provides the Camper Trailer.
3. Pricing and Payment
- The Customer must pay all taxes and duties on the Camper Trailer.
- If OPUS Camper's costs change, it may vary price by notifying the Customer. The Customer may terminate by giving 30 days' prior written notice if disagreeing with the variation.
- Unless otherwise agreed, payment is:
- 10% of total purchase amount upon execution of the Contract as deposit.
- Remaining balance at pick-up of the Camper Trailer.
- The deposit may be non-refundable per clause 12.4.
- Payments may be made by:
- Bank cheque or cash at execution or collection.
- Electronic funds transfer at least 2 clear working days prior to execution or collection.
4. Payment Default
- If the Customer defaults in payment:
- All money payable at later dates becomes immediately due and payable.
- The Customer forfeits the deposit, which becomes non-refundable.
- OPUS Camper may charge interest at prevailing rate per Penalty Interest Rates Act 1983 (Vic) plus 4%, charge all costs and expenses including legal costs, suspend supply of the Camper Trailer and terminate any unperformed contract by written notice.
- Clauses 4.1(c)(iii) and (iv) apply where the Customer is an individual becoming bankrupt or entering a scheme of arrangement, or where a corporation enters a scheme or has a liquidator appointed.
- If GST is payable, the Customer must also pay GST as additional consideration unless the consideration is expressly agreed as GST inclusive.
5. Changes to Orders and Specifications
- If the Customer requests variation, OPUS Camper may reject, increase price or provide a revised OPUS Order Form.
- OPUS Camper may refuse variation:
- Once the Camper Trailer has entered production.
- If the change would result in a safety issue or non-compliance with Australian Standards and/or Design Rules.
- OPUS Camper reserves the right to change specifications at any time without notice or liability, provided end performance is not materially prejudiced.
- Customisations may change weight. Any weight description before completion is an estimate only and not a contractual commitment.
6. Pre-Delivery Inspection
- The Customer must inspect the Camper Trailer at delivery for defects, shortages, damages or non-compliance.
- Unless defects, shortages, damages or non-compliance are notified at inspection, the Customer is deemed to have accepted the Camper Trailer.
- Where OPUS Camper accepts a claim, it may, at its option, repair, replace or refund the price.
7. Delivery
- Any period or date for collection is intended as an estimate only and not a contractual commitment.
- Unless otherwise agreed in writing:
- The Customer is responsible for collection and transportation from OPUS Camper's premises.
- Delivery is deemed at commencement of loading/hitching onto the Customer's transport vehicle.
- The Customer is responsible for all collection costs including freight, insurance and charges.
- The Customer indemnifies OPUS Camper against loss or damage caused by OPUS Camper's negligence during collection.
- The Customer must collect within 7 days of notification of readiness. If not collected, the Customer is deemed to have taken delivery. OPUS Camper may charge reasonable storage fees weekly on demand if collection is not within this timeframe.
8. Title and Risk
- Risk and insurance responsibility passes to the Customer upon collection per clause 6.2.
- Title passes to the Customer upon OPUS Camper's receipt of full payment, despite delivery or passing of risk.
- Until title passes, OPUS Camper reserves the right to enter any site where the Camper Trailer is located without trespass liability and retake possession and resell the Camper Trailer.
9. PPSA
- The Customer acknowledges OPUS Camper has a security interest unless and until title passes per clause 7.2.
- OPUS Camper may register its Security Interest on the PPSA register. The Customer will take any steps OPUS Camper reasonably requires to perfect or ensure enforceability and priority.
- The Customer indemnifies OPUS Camper against any cost, expense, loss or damage from the Customer causing or allowing a higher priority Security Interest to be created/registered.
- The Customer:
- Irrevocably and unconditionally waives its right to receive notice per section 157(3) of the PPSA.
- Acknowledges provisions of section 95 or Chapter 4 of the PPSA are excluded to the fullest extent possible.
- Acknowledges the Customer will not disclose information per section 275(1) of the PPSA unless section 275(7) applies.
10. Liability
- The Customer assumes all risk and liability for loss, damage or injury to persons or property arising from use or possession of the Camper Trailer.
- Except as specifically set out herein or in any warranty statement, any term, condition or warranty regarding quality, merchantability, fitness for purpose, condition, description, assembly, manufacture, design or performance is expressly excluded.
- To the full extent permitted by law, OPUS Camper's total aggregate liability is limited to repair of the Camper Trailer.
- OPUS Camper is not liable for indirect or consequential losses or expenses, including loss of turnover, profits, business or goodwill.
- OPUS Camper will not be liable for loss or damage where it has failed to deliver, fails to meet delivery dates, or terminates or suspends the sale.
- OPUS Camper's liability is proportionately reduced to the extent the Customer caused or contributed to the loss, damage, cost or expense.
- Nothing excludes, restricts or modifies the application of any State or Federal legislation on sale of goods or supply of services which cannot be excluded, restricted or modified.
11. Acknowledgements
- The Customer acknowledges and agrees that:
- It has not relied on any service involving skill and judgment, or on any advice, recommendation, information or assistance from OPUS Camper.
- It has sole responsibility of satisfying itself that the Camper Trailer is suitable for its use.
- Any description in the OPUS Order Form or invoice is given by way of identification only.
- The specifications in the OPUS Order Form are an accurate indication of the Customer's requirements.
12. Suspension and Termination
- OPUS Camper may suspend or terminate the Contract immediately by written notice if:
- Through circumstances beyond OPUS Camper's control, it is unable to effect delivery.
- The Customer commits a breach and fails to remedy within 14 days of OPUS Camper's notice.
- If suspended, OPUS Camper will provide a revised estimated delivery date as soon as reasonably practicable.
- The Customer may not terminate unless:
- With OPUS Camper's written consent on terms indemnifying OPUS Camper against all losses.
- The Customer is unable to obtain finance approval, subject to providing satisfactory evidence.
- Cooling-off period for linked credit arrangements (NSW only): If OPUS Camper facilitates or refers to a credit provider, a cooling-off period begins when you sign the contract and ends at 5:00 pm on the next business day. You may cancel by written notice. If cancelled during this period, you may be required to pay a termination fee of $250 or 2% of purchase price, whichever is less.
- Upon termination:
- If OPUS Camper terminated under clause 12.1(a): OPUS Camper refunds the deposit less amounts for performed portions.
- If OPUS Camper terminated under clause 12.1(b): Customer forfeits the deposit; Customer pays all outstanding amounts for performed portions.
- If Customer terminated under clause 12.3: No later than 14 days before estimated delivery, OPUS Camper refunds any deposit. Within 14 days of estimated delivery, Customer either forfeits the deposit or pays 10% of total purchase amount as liquidated damages, acknowledged as fair and reasonable pre-estimated damages.
13. Miscellaneous
- Victorian law governs the Contract. Parties submit to non-exclusive jurisdiction of Victoria courts.
- OPUS Camper's failure to enforce any Terms is not a waiver of rights.
- If any term is unenforceable, it must be read down to be enforceable or severed without affecting remaining terms.
- Notices must be in writing, handed personally, sent by facsimile or prepaid mail to the last known address. Pre-paid post notices are deemed received upon posting.
- The Contract may be executed in counterparts which together constitute one instrument.
- The Contract constitutes the entire agreement and any previous contracts, arrangements or understandings cease to have effect.
14. Confidentiality
- The Customer acknowledges the Contract terms and all technical and commercial information from OPUS Camper are confidential.
- The Customer must keep information confidential and not disclose directly or indirectly to any third party except as provided by law. Social media disclosure is strictly prohibited.
- The Customer indemnifies OPUS Camper and its personnel against all loss or claims from any breach of this clause.
Contact
OPUS Camper Australia (Purple Line Pty Ltd)
13 Indian Drive, Keysborough, VIC 3173, Australia
Phone: 1300 678 728
Email: enquiries@opuscamper.com.au
ABN: 20 147 825 250
