These Terms & Conditions were last reviewed and updated on:
11 June 2026
These Terms and Conditions constitute a contract between the customer (You) and Bozmac.
Preamble:
Over recent times, Bozmac has evolved from being primarily an O.E.M. manufacturing and fabrication merchant to include a substantial growth in the sales and supply of replacement parts, particularly as older vehicles are being on sold and potentially require some major maintenance. This variant in operations has been a catalyst for a surge in enquiries and while transitioning, we have employed additional staff, implemented some alternative methods of contact, and are making product available for purchase online (as time to add them permits).
With this variation of business in mind, the terms and conditions supplied here relate to the two facets of the business. Part A will be applicable to retail and online sales, more similar to what would be expected when purchasing goods from any other retailer in accordance with consumer guarantees under Australian Consumer Law. Part B has been taken from the General Terms & Conditions related to vehicle sales, including, but not limited to, the processes of quoting, acceptance, provisioning, manufacturing and delivery of vehicles.
For the purposes of transparency and disambiguation, all terms and conditions supplied here, are without alteration and as they have been previously supplied. Distinction is required, without discounting the complete document, to determine the type of transaction as to whether Part A or Part B is potentially more applicable as some minor elements may seem contradictory, for example, online products are displayed with prices including GST whereas Part B essentially is directed toward B2B manufacturing sales and quoting is mostly generated as excluding GST.
Information in this document is correct at time of last published review and may be subject to minor changes periodically, which may differ slightly from previously accessible versions. If any changes to our terms result in a detrimental impact on your situation, we will honour the version of the terms you produce from the time of the particular transaction or signing of contractual documents. If no transaction, signing or other kind of contractual agreement has taken place yet, or no previous version can be produced, this version of the terms and conditions will be the current document to be referenced for all parties.
PART A
Agreement
In these Terms and Conditions, We, Our or Us means Bozmac Pty Ltd (Trading as Bozmac Towing Equipment); and You or Your means the person who accepts these Terms and Conditions, by using this Website and associated software, networks and processes, including the purchase of Products or services through the Website and in person.
By browsing the Website, or placing an Order, you agree to these Terms and Conditions as set out below, which constitutes a legally binding Agreement between Us and You for the supply of Products and/or services.
The Agreement together with Your Order constitute the entire agreement between Us and You for the supply of Products and/or services. The Agreement cannot be varied unless we agree to vary it verbally, by message, in writing or by email.
Any provision of these Terms and Conditions which is void or unenforceable may be severed from these Terms and Conditions without affecting the enforceability of other provisions.
A failure or delay by Us to exercise a power or right under these Terms and Conditions does not operate as a waiver of that power or right, and the exercise of a power or right by us does not preclude its future ability to exercise that or any other power or right.
No Bozmac employee or agent has the grounds to vary any of the Terms and Conditions governing any of the various stages of a sale or purchase agreement. Where variations may be suitable for both parties, such variations may be assessed in a case-by-case manner subject to approval by upper level-management.
The Bozmac websites are an online information service and shopfront provided by Bozmac, subject to your compliance with the terms and conditions set forth below. Please read this document carefully before accessing or using the sites, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may choose to not access or use the sites. Bozmac may modify this agreement at any time and such modifications shall be effective immediately upon posting of the modified agreement on the sites. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of these sites shall be deemed your conclusive acceptance of the modified agreement.
Trademarks
Publications, products, content or services referenced herein or on the Sites are the exclusive trademarks or service marks of Bozmac. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
Copyright and Intellectual Property
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Bozmac, its affiliates or other third-party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Bozmac a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to Bozmac by all means and in any media now known or hereafter developed. You also grant to Bozmac the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Bozmac for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Bozmac.
Legal Capacity
If you are under the age of eighteen (18) years you cannot place orders with Us. By accepting this Agreement, you acknowledge that you are over the age of eighteen (18) years.
Personal Information
The personal information we collect about you may include:
● Name (including Company or Trading Name)
● Mailing and/or Street Address
● A.B.N.
● Email Addresses
● Phone Numbers
● Order & Payment History
● Payment Information
You do not have to provide us with your personal information. Where possible, we will give you the option to interact with us anonymously or by using a pseudonym or guest account. However, if you choose to deal with us in this way or choose not to provide us with your personal information, we may not be able to provide you with all our services or otherwise interact with you comprehensively.
More detailed information can be found within our Privacy Policy page.
Website Use
The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.
You must ensure that your access to, or use of the Website is not illegal or prohibited by laws which apply to you.
You must take your own precautions to ensure that your process for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage Your computer system. We take no responsibility for any such damage which may arise in connection with your use of the Website.
You understand that, except for information, products or services clearly identified as being supplied by Bozmac, Bozmac does not operate, control or endorse any information, products or services on the Internet in any way. Except for Bozmac-identified information, products or services, all information, products and services offered through the Sites or on the Internet generally are offered by third parties, that are not affiliated with Bozmac.
You also understand that Bozmac cannot, and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
Pricing
Prices displayed on the Website are subject to change without notice. Once an Order has been accepted by us and a Purchase Contract formed, the price of the Product cannot be varied except:
● by agreement between You and Us in writing or by email;
● due to unforeseen circumstances, the advertised pricing is erroneous.
All prices listed on the Website exclude Delivery Costs. Delivery Costs are shown separately on an Order.
Product Specifications
Features and specifications of Products described or depicted on the Website are subject to change without notice. For the avoidance of doubt, we will not materially change the features and specifications of a Product once an Order has been accepted by us and a Purchase Contract.
All weights and dimensions of Products described on the Website are approximate. All screens are measured diagonally and all screen images contained on the Website are simulated unless otherwise indicated.
Orders
You may place an Order by following the instructions on the Website and by doing so, you make the offer to enter into an agreement to purchase the Product(s) subject of your Order (Purchase Contract).
Orders will be deemed to have been received by Us at the time we send an Order confirmation to your nominated e-mail address.
We are a partially online business and will primarily communicate with customers via e-mail, particularly for parts and accessories. It is the customer’s responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence.
We reserve the right to decline to enter into a Purchase Contract with you and may cancel your Order at any time prior to dispatch of the Product(s).
In the event that we cancel an order not dispatched, funds paid in relation to that Order will be refunded in full. In the event that you cancel an order not dispatched, funds paid will be refunded less any transaction fees that have been charged to us by any financial institution or payment gateway, any non-refundable charges that will be incurred (such as freight booking), and/or an administration fee if the nature of processing or cancelling the Order is time consuming. You will be provided with e-mail confirmation of the cancellation and refund.
We do not accept any responsibility for Orders that are declined, delayed or not accepted due to disruptions with internet connections.
We shall not be liable for any delay in performing any of its obligations under this Agreement if such delay is caused by circumstances beyond the reasonable control of us (or our affiliates), and we shall be entitled to a reasonable extension of time for the performance of such obligations.
Where you have provided an incorrect or incomplete delivery address for Your Order, we may charge a redelivery fee for each subsequent delivery attempt.
We reserve the right to cancel orders that have not been collected after 5 days. In the event an order is cancelled, we will refund any applicable refund back to the original payment method less any reasonable costs incurred during processing, manufacturing or fulfilling the Order.
Payment
You may provide your nominated credit card or other approved form of payment through our payment gateway during the purchase process described on the Website.
All orders for parts and accessories require payment before shipping unless a 30-day account has been facilitated and is in good standing. For phone and email orders, credit card details can be supplied via phone, or a pro-forma invoice can be emailed to make a payment via direct deposit. A payment link may be emailed or texted to you facilitating the option of immediate payment through our payment gateway.
When making payment for Orders online by credit or debit card, including Apple Pay & Google Pay, funds will be debited from your linked financial institution (usually) immediately and you will receive confirmation of Your Order and receipt of payment. If you have opted to pay via direct deposit or a non-existent 30-day account, you will still receive an Order confirmation, however your Order will not be processes until such time as the full payment of the Order amount has been transacted and is evident as a positive balance in our account.
If your nominated payment method triggers our fraud prevention protocols, we may contact you to confirm additional details or rescind the transaction. In this case, until your Order has passed our fraud prevention protocols your Order will not be fulfilled. If you do not provide the requested information within up to 7 days, Your Order will be cancelled, and your payment (if debited) will be refunded back to the method in which you paid. These information requests are sent to help protect credit card holders from online fraud.
Despite our best efforts, on occasion it may be possible that a small number of the Products in our range may be incorrectly priced on the Website. If We have made a mistake and a product’s correct price is higher than the price on the Website, we may either contact you before shipping to enquire whether you want to buy the Product at the correct price or cancel your Order. If a Product’s correct price is lower than the stated price on the Website, we will charge the lower amount and send You the Product, or where the higher incorrect price has been charged, we will refund the price difference and send You the Product.
A 1.75% Surcharge may apply on payments made via Credit Card (includes MasterCard Credit/Debit or VISA Credit/Debit), PayPal, Google and Apple wallets, NFC or other forms of contactless payments. A 5.25% Surcharge may apply on payments made via international Credit Cards, Zippay and Afterpay.
We may require a scan of your identification before fulfilling an order when collecting an item in-store to prevent fraudulent chargebacks.
Where you request out of stock accessories or production of obsolete or unique parts from us, deposits may be required and are non-refundable.
Delivery and ownership of the goods
No goods shall be dispatched until payment in full is cleared unless a 30-day account has been facilitated and is in good standing.
Ownership of goods does not transfer from Bozmac until full payment of goods is cleared as available funds (including 30-day accounts).
We try to ensure that all Products are delivered in a prompt and timely manner. However, from time to time, it is possible that shipping and other factors outside of our control may result in delays. We do not accept any liability for loss or damage suffered by anyone as a result of any such delays.
Where applicable, the date of dispatch listed on the Website is the estimated date of dispatch as is reasonably estimated by Us. While we do our best to represent accurate stock levels, our site is not linked to our ERP software and as such, some products may be briefly out of stock or in production at time of ordering online. In this event, we may contact you to advise if there are any issues after your order is received if lead time may be more than a day or two. Alternatively, where possible, we may endeavour to have your order partially or completely shipped and fulfilled by one of our suppliers directly. If this is the case, we will be required to share some identifiable information with that party, such as Name, Address, Phone Number & Email address for the purposes of engaging their own shipping partner.
We reserve the right and our absolute discretion to not deliver Products to PO Box addresses or addresses that are not discoverable via street mapping databases. It is the customer’s complete responsibility to ensure a correct and valid address is provided throughout the online checkout process. We will not be held liable for missing shipments due to incorrect or unidentifiable addresses supplied.
Where a customer gives written authority for Products to be delivered without a signature, any and all included insurance cover will be voided.
The couriers or postal services nominated by us will deliver Products during local business hours (9am to 5pm, Monday to Friday). Shipping costs are determined by the shipping partner’s online systems at the time of placing an order, these rates are supplied by Australia Post & Startrack. Generally, these shipping rates are very competitive and are based on your postcode along with weight and dimensions of the items being purchased. As we do offer numerous big and bulky or pallet sized products, the online checkout process offers the option to request a manual quote for shipping when over 50kg and is mandatory for carts over 100kg, simply to determine the best possible price while incorporating other potential shipping partners. Free local pickup, or organising your own transport, is an option available to every order regardless of size or weight.
Free shipping may apply to some products, either as a promotion for a specified time, or indefinitely as determined by us. These products will be identified on the product page or via the promotion and should trigger the free shipping process via checkout.
We are not responsible for the delivery times of Products. Once Products have been dispatched, it is the Customers responsibility to liaise with the courier nominated by us (as notified to the Customer) in relation to date and time of delivery. We shall not be liable for any inaccuracy of information provided to customers relating to the date and time of delivery.
We reserve the right to not ship to remote or rural locations. In this event, you may be contacted to arrange alternative shipping arrangements albeit with an appropriate surcharge.
You may wish to have products shipped using your own transport method. In this case, the order should be nominated as pick up and arranged in a timely manner after receiving the order confirmation.
More detailed information can be found within our Payments & Shipping Policy.
Changes to Orders
Any requests for changes to the order are subject to our discretion. While we will endeavour to accommodate reasonable requests, we cannot guarantee all changes will be feasible. Exceptions are made if component incompatibility is identified.
Any agreed-upon changes may incur additional costs for products and freight and could impact the delivery timeline of your order.
Cancellation and Restocking
Once a manufacturing order has commenced in production, after our internal approval and administration process, the order is deemed final and cannot be cancelled. In exceptional circumstances, where a cancellation is permitted at our discretion, a restocking fee of 20% of the total order value may be applied.
The decision to refund, and the amount thereof, is at our sole discretion. The refund issued may be less the amount already paid. This fee compensates for the time and resources expended in the cost of I.T. and administration infrastructure and initial processing and/or picking of an order.
Warranty, Returns and Refunds
Refunds or exchanges due to change of mind are not valid as per ACCC consumer law. All returns require appropriate approval and will be dealt with on a case-by-case basis regarding return freight and refunds. If an item is found to be supplied incorrectly or not fit for purpose, we will arrange to repair, replace or refund such Products in accordance with our Warranty & Returns Procedures and Your rights under the Australian Consumer Law.
More detailed information can be found within our Refund & Returns page.
PART B
TRADING TERMS AND CONDITIONS ABN: 57 107 898 582
1. APPLICATION OF TERMS
1.1. These terms apply to all transactions where the customer is supplied with goods or services by Bozmac. These terms are applicable between the purchaser and Bozmac.
1.2. These Terms can only be amended by written agreement from Bozmac. .
1.3. Unless otherwise expressly agreed by Bozmac, previous dealings or misrepresentations made by a representative of Bozmac and any customer does not constitute additional or implied terms to the contract for the supple of goods or services.
1.4. This contract is a Standard Form Contract as defined under the Competition and Consumer Act 2010 (Cth).
1.5. All parties to the contract accept that if one party fails to act in accordance with the terms and conditions of employment, the other party will
be entitled to take legal action to seek performance of the contract and/or damages.
2. WRITTEN AUTHORISATION/QUOTATIONS
2.1. Before any supply of goods or services can commence, Bozmac will provide a written quotation to the customer which will detail the work to be conducted and the consideration payable for the work.
2.2. Bozmac requires written authorisation from the customer accepting the offer within the quote. The quote will be accepted by Bozmac and the
quotation is issued with a customer order number.
2.3. In the event the customer requires significant alterations to the quoted agreement, an amended quote will be issued for the client to sign for acceptance. Otherwise, the amendments on the quotation will be initialled by all parties to acknowledge the amendments.
2.3.1 Variations to quoted agreement will be charged an administration fee of $150+gst per variation.
2.3.2 Additional items to quoted agreement will be charged at 10% above normal package price.
2.3.3 Cancelled options from quoted agreement, will be charged a restocking fee of 20% of option value.
2.4. Bozmac may withdraw, revoke or vary a written quotation at any time prior to the customer giving written authorisation to the quote.
2.5. Bozmac reserves the right to accept or decline, in whole or in part, any order for Goods or Services placed by a client without having to
provide a reason prior to the acceptance of the quotation by the customer.
2.6. The quotation forms part of this contract which is attached.
3. PAYMENT TERMS
3.1. After acceptance of a quote, the following deposit must be paid by the customer to Bozmac to secure the goods or services:
3.1.1. 10% deposit for tilt trays and/or trucks;
3.1.2. 25% deposit for underlift, trailer manufacture or other works and/or
3.1.3. full upfront payment of special/non-stocked buy in items.
3.2. Production of goods and supply of services will not commence until cleared funds have been received by Bozmac for the deposit.
3.3. Bozmac reserves the right to change the start date and completion of the work to be completed prior to the acceptance of the quote by the customer subject to prior commitments with other customers. Bozmac will notify the customer of the start date and completion date prior to commencing the work.
3.4. Unless Bozmac grants credit to the Customer and subject to Bozmac’s right to withdraw credit, payment for Goods purchased from Bozmac must be made by the Customer in immediately available funds prior to release of the goods on the completion date. 3.5. Where the Customer has been approved for credit by Bozmac, the customer must comply in accordance with the terms and conditions for the supply of goods and services on a credit basis.
3.6. Bozmac reserves the right to charge interest on any amount that is overdue from the completion date till the day payment is received and the customer agrees:
3.6.1. to pay interest at 2% per month calculated on the total amount outstanding, until payment is made in full; and
3.6.2. to pay all costs incurred by Bozmac for the collection of outstanding amounts, including (but not limited to) legal costs, debt
collection costs and process serving costs.
3.7. Bozmac may set off any amount owed by Bozmac to the Customer.
3.8. Unless otherwise agreed, the price in the quotation does not include delivery fees.
3.9 Rise & fall – Prices listed are subject to alteration without notice to the customer between the agreement date and dote of delivery. All goods will be charged for at the prices ruling at the date or dates of delivery.
4. GST
4.1. Unless otherwise indicated, all prices for goods and services are exclusive of GST. The customer is liable for all excise, sales, GST or any other tax or charge upon the good in addition to the purchase price.
4.2. GST is payable at the same time payment is made for goods or services.
5. GUARANTEES
5.1. Bozmac abides by the following consumer guarantees for customers who are classified as “consumers” under the Competition and Consumer
Act 2010 (Cth) which include:
5.1.1. Bozmac guarantees to consumers that they have the right to dispose of the property in the goods when they pass to the consumer;
5.1.2. Bozmac guarantees to consumers that they will have undisturbed possession of the goods once title has passed from Bozmac to the
consumer;
5.1.3. Bozmac guarantees to consumers that the goods provided to the consumer will be free from any security, charge or encumbrance
that:
5.1.3.1. Was not disclosed to the consumer in writing, before this contract was created; or
5.1.3.2. Was not created by or with the express consent of the consumer.
5.1.4. Bozmac guarantees that the goods are of an acceptable quality. This clause does not apply if the consumer was informed of the
defects in quality prior to the contract being entered into. Acceptable quality means that the goods are:
5.1.4.1. Fit for all the purposes for which goods of that kind are commonly supplied;
5.1.4.2. Acceptable in appearance and finish;
5.1.4.3. Free from defects;
5.1.4.4. Safe; and
5.1.4.5. Durable
5.1.5. Bozmac guarantees if goods are sold by description or by sample that the goods will correspond to the description or sample.
5.1.6. Bozmac guarantees that there are available premises available for a reasonable period after the goods are supplied.
5.1.7. Bozmac guarantees that the services will be rendered with due care and skill.
5.1.8. Bozmac guarantees that the services will be fit for a particular purpose if this purpose is made to Bozmac prior to the completion date.
5.1.9. Bozmac guarantees that services will be supplied within a reasonable time frame.
5.1.10.Bozmac is not responsible for any guarantees that result as a result of the manufacturing of the product.
6. WARRANTY
6.1. Bozmac expressly provides a written warranty as to the quality of the services for a period of twenty-four (24) months from delivery date. The warranty applies only to the original client only and is not transferable.
6.2. All new parts/materials installed by Bozmac are covered by the manufacturer’s warranty only. The manufacturer’s warranty can be provided to the purchaser upon receipt from the manufacturer.
6.3. There is no warranty on used parts unless expressly stated in the quote.
6.4. The customer acknowledges that Bozmac will not take responsibility for compliance with the manufacturer’s warranty and it is at the risk of the customer to ensure that the services that Bozmac provides does not result in waiving the manufacturer’s warranty.
6.5. The customer acknowledges that Bozmac will not take responsibility for compliance with the vehicle’s warranty and it is at the risk of the customer to ensure that the services that Bozmac provides does not result in waiving the vehicle’s warranty.
6.6. The customer must notify Bozmac in writing of any claimed defect immediately and return the item to Bozmac for inspection and rectification.
6.7. The customer is required to return the goods or vehicle to Bozmac for any warranty inspection or repair. Bozmac is not liable for any costs incurred by the customer for the return of goods or vehicle to Bozmac. This includes, but is no limited to fuel, freight, accommodation, loss of income and substitute vehicles.
6.8. Bozmac shall not be liable for the costs of removing a defective manufacturer’s part, fitting the repaired or new part or the cost of carriage thereof to the customer. In the event Bozmac does incur these costs the customer shall reimburse Bozmac in full.
6.9. Bozmac is not liable to the customer for any indirect, incidental or consequential loss or damages whatsoever including without limitation, damages for loss of revenue, business, profit, goodwill or contracts, business interruption, or any other claims for compensation however so arising (whether in contract, tort or otherwise) from the use of the product.
6.10. The warranty shall be rendered null and void if:
6.10.1.The product is damaged due to transportation, weather, extreme temperatures, improper use, mis-handling or negligence after the purchase of the product;
6.10.2.The product is damaged as a result of natural disaster or acts of God, e.g. fire, flood, lighting; and
6.10.3.Overloading of equipment will void all warranty.
6.11. The customer is required to inspect goods/services within 7 days of delivery and submit evidence in writing to Bozmac outlining any defect, damage or failure to comply with the quote. The customer is responsible for notifying any other defect of goods or services in writing as soon as possible after such is highlighted to the client.
7. DELIVERY AND RISK
7.1. The customer is responsible for the risk and insurance of goods from time of dispatch from Bozmac premises.
7.2. All delivery times stated in quotes are estimates which Bozmac intends, to the best of their ability to adhere too. Delivery times are subject to change, and the customer shall not have any claim against Bozmac for failure or a delay in delivering goods in contract law due to circumstances that are outside of Bozmac’s control including acts of God.
7.3. Bozmac reserves the right to arrange transport by any means in its absolute discretion.
7.4. Delivery will be made during working hours to the location agreed by the parties, subject to the safety of the location. If it is unsafe to deliver to the location, delivery will be made as close as possible to the location taking into account safety of the new location.
7.5. The customer accepts that the customer or a representative of the customer will be available to accept delivery. If not, the customer realises and discharges Bozmac and the transport provider from and against any claim or action arising from the unloading of the goods.
7.6. If there is defect in one product, the purchaser cannot decline to accept delivery of other products by Bozmac.
8. RETENTION OF TITLE
8.1. The customer agrees that legal and equitable title to the goods or any vehicles or equipment that have had services conducted on the vehicle is retained by Bozmac until payment is received in full from the purchaser in regard to this or any other contract.
8.2. Prior to the title passing to the purchaser, the customer:
8.2.1. must hold the Goods or vehicle or equipment as bailee and fiduciary agent of Bozmac;
8.2.2. must hold the Goods or vehicle or equipment separate so that they are readily identifiable;
8.2.3. must keep the Goods or vehicle or equipment in good and merchantable condition and fully insure the Goods, vehicle or equipment.
8.2.4. must not sell the Goods, vehicle or equipment without the express written authorisation of Bozmac;
8.2.5. must keep on trust, proceeds of any sale of goods, vehicle or equipment owing to Bozmac.
8.3. Until full property and ownership in the goods is passed to the customer in accordance with this clause, the customer acknowledges that it holds the goods as bailee of Bozmac and that Bozmac retains unencumbered title to the goods.
9. APPLICATION OF THE PPSA
9.1. In this clause, PPSA means the Personal Property Securities Act 2009 (Cth). If a term used in this clause has a particular meaning in the PPSA, it has the same meaning in this clause.
9.2. On placement of an order the customer acknowledges that these terms and conditions constitute a security agreement for the purposes of the PPSA. This agreement allows a security interest over goods and services supplied to be registered by Bozmac. Bozmac will register a purchase money security interest (PMSI) by virtue of this agreement and the PPSA.
9.3. Prior to entering into this contract, the customer agrees that it will notify Bozmac of any encumbrance which will be of a higher priority over pre-owned goods, vehicles or equipment.
9.4. The customer waives its right under s157 of the PPSA to receive notice of any vertification of the registration.
9.5. The customer undertakes to provide any further information which Bozmac may require to register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register, and any other documentation registrable under the PPSA or to correct a defect in a statement referred to in this subclause
9.6. Sections 95, 96, 117, 118,120, 121(4), 125, 129, 130, 132(3)(d), 132(4), 135, 142, and 143 of the PPSA does not apply to this contract.
9.7. The Customer agrees to ratify any actions taken by Bozmac under this clause and consents to and appoints Bozmac to be an interested person, and the customer authorised representative for the purposes of the PPSA Section 275(9).
9.8. The customer must promptly do anything required by Bozmac to ensure that Bozmac’s security interest has priority over all other security interests in the goods.
9.9. Nothing in this clause is limited by any other provision of these Conditions or any other agreement between the parties.
10. SPECIFICATIONS
10.1. Bozmac reserves the right to change the specifications of all goods/services at any time without prior notice. The customer is responsible for checking specifications with Bozmac prior to the acceptance of quote.
10.2. Unless specified, all certifications and particulars in respect of weights and dimensions are approximate only.
10.3. The rated capacity of goods manufactured is the rated capacity for the tilt tray/trailer only. It is not the legal carrying capacity of the goods as this is dependent on vehicle make, model axle tare weights and additional options fitted to unit.
10.4. Winch capacities are quoted per the winch manufacturer and is the maximum pulling force on a single line at rated oil pressure, rated oil flow rate and with the winch rope only on the bottom layer of the winch drum.
11. INDEMNITY
11.1. The customer agrees to indemnify and keep indemnified Bozmac and its associates from and against any and all loss, liability, damage, fee, fines, costs (including legal costs) expense, suit, claim, demand, judgment and prosecution arising out of/in connection with any personal injury or death, or loss of or damage to property as a result of the customer’s or the customer’s employees or contractors use of goods/services.
12. GOVERNING LAW
12.1. These terms and conditions are governed by the laws of Queensland, and any contract entered into between the parties shall be deemed entered into at Bozmac, 96 Lower Mountain Road, Hervey Bay or adjoining entrances via Navelina Court.
13. SEVERABILITY
13.1. If any term or part of a term of this contract is or becomes legally ineffective, invalid or unenforceable in any jurisdiction it will be severed and the effectiveness, validity or enforceability of the remainder will not be affected.
14. INDEPENDENT LEGAL ADVICE
14.1. All parties are aware and acknowledge that they have the right to obtain independent legal advice prior to entering into the agreement.
15. TERMINATION AND DEFAULT
15.1. The customer may terminate the agreement at any time by providing Bozmac with written notification of termination of the agreement.
15.2. Bozmac may terminate a consumer agreement the agreement by:
15.2.1. providing the customer with written notification of termination of the agreement
15.2.2. the customer has not notified Bozmac of any damage, inaccuracies or defects
15.2.3. payment has not been received when due; and
15.2.4. the customer does not remedy the default within 14 days.
15.3. Bozmac may terminate a non-consumer agreement under the Competition and Consumer Act 2010 (Cth) by providing the customer with written notification of termination of the agreement.
15.4. If any customer is found to be placed in liquidation, commences an act of bankruptcy or a receiver is appointed or is deemed to be insolvent, Bozmac can immediately:
15.4.1. Terminate the agreement by posting a letter to the customer’s last place or business of residence or registered office; and
15.4.2. Suspend deliveries of further goods or supply of services.
15.5. If the customer terminates the contract or defaults under the contract, the customer will be liable for all expenses incurred by Bozmac on behalf of the customer at that point in time including:
15.5.1. time spent on estimating, quoting, researching for parts and equipment
15.5.2. Any goods that have already been supplied to Bozmac for the completion of the terminated agreement must be paid in full by the customer subject to the returns policy of the manufacturer
15.5.3. Forfeiture of the deposit paid regardless of the amount of work conducted or parts ordered
15.5.4. The customer agrees that they were notified of the termination clause and its contents prior to entering into this agreement.
15.6. If the customer is not classified as a consumer under the Competition and Consumer Act 2010 (Cth), Bozmac may refuse, without prejudice to any other rights under this contract, to supply for deliver further goods or services until such time as the Purchaser has remedied the default or has terminated the contract.
16. INTERPRETATION
16.1. Bozmac is defined as Bozmac Pty Ltd ACN 107 898 582
16.2. Goods means any goods, products, accessories including all towing equipment supplied by Bozmac including tilt slide bodies, trailers, skip trucks and associated equipment.
16.3. Services means the services provided by Bozmac as per the order, invoice or verbal agreement which forms part of the contract.
16.4. Terms means Trading Terms and Conditions of Sale.
16.5. Customer means a person who acquires goods or services from Bozmac.
16.6. Consumer means a person who is classified as a consumer under the Competition and Consumer Act 2010 (Cth).
16.7. Quote means the document that Bozmac will supply to the customer which lists the work to be completed, the consideration payable for the work and the quoted start date.
16.8. Quoted project start date means the start date that the work listed on the quote will commence subject to delays on other projects.
16.8.1. Overdue: past the completion date.
16.8.2. Offer means the offer of services or goods to be provided in exchange for consideration.
16.8.3. Consideration means the money payable by the customer in exchange for the services or goods to be supplied.