The generation and forwarding of an order by you (the "Customer") using www.thedrakeshop.com constitutes an offer to purchase the products from Drake Trailers Pty Ltd. All orders are subject to acceptance by Drake Trailers Pty Ltd, and are otherwise subject to its general terms and conditions of sale.
The display of products and prices on www.thedrakeshop.com does not constitute an offer by Drake Trailers to unconditionally supply the products at displayed prices. All products and prices shown are indicative only, and are subject to product availability and price changes.
All product descriptions are either provided directly from the product manufacturer, or based upon information provided directly by the product manufacturer. As a reseller only, and to the fullest extent permitted by law, Drake Trailers excludes all responsibility or liability for or arising out of any inaccurate or erroneous product description which appears on www.thedrakeshop.com.
Drake Trailers Pty Ltd accepts no liability for the Customer's security breaches, unauthorised use of the Customer's credit card or credit account, fraud, forgery or mistaken or unauthorised orders or payments.
Drake Trailers Pty Ltd shall not be responsible for any errors or omissions contained in or on www.thedrakeshop.com. The Customer relies on the information contained in www.thedrakeshop.com at its own risk. The information in www.thedrakeshop.com is supplied on condition that any person accessing or using the information will make his or her own determination as to the accuracy and usefulness of the information.
Drake Trailers Pty Ltd reserves the right to make any changes to the information contained in and the layout of www.thedrakeshop.com, including changes to its product range, ordering mechanisms and ordering terms.
Except in respect of implied warranties which cannot be excluded by law, Drake Trailers Pty Ltd does not make any representation or warranty about the accuracy, suitability for any purpose, merchantability of, title to or usefulness of the information on and contents of www.thedrakeshop.com or the products it supplies.
Except as may be prescribed or implied by law, Drake Trailers Pty Ltd shall not be liable for any damages whatsoever (including special, indirect, consequential, or incidental damages or damages for loss of profits, revenue, or loss of use) arising out of or relating to www.thedrakeshop.com or the information contained therein or the products it supplies whether such damages arise in contract, in tort, in equity, under statute, at law or otherwise.
All goods and services ("Products") supplied by Drake Trailers Pty Ltd are supplied on these terms and conditions.
No order shall be binding on Drake Trailers Pty Ltd until accepted by Drake Trailers Pty Ltd. An individual contract for the supply of Products, on these terms and conditions, is formed on acceptance by Drake Trailers Pty Ltd of an order from the Customer. Drake Trailers Pty Ltd reserves the right to accept any order in whole or in part. Where Drake Trailers Pty Ltd makes a part delivery of any order, such delivery shall constitute a separate contract. No order may be cancelled or varied after acceptance by Drake Trailers Pty Ltd.
All orders must be paid for via valid credit card, eft at the time of order placement.
Ownership of the Products does not pass to the Customer until the Customer has discharged all outstanding indebtedness, whether in respect of the Products or otherwise, to Drake Trailers Pty Ltd. Risk in the Products will pass on delivery to the Customer.
Drake Trailers Pty Ltd reserves the right to charge for delivery of the Products at any time, notwithstanding that it may not have previously done so. Administrative fees may also be imposed for orders under certain dollar values.
Any Products which are damaged or defective, delivered after their "use by" or "best before" date, which are not otherwise in accordance with the Customer's order, or which the law provides may otherwise be returned to Drake Trailers Pty Ltd, may be returned to Drake Trailers Pty Ltd within a reasonable time after the Customer has had a reasonable opportunity of inspecting the Product, at no cost to the Customer. Products may not otherwise be returned.
Except to the extent the law provides that liability is not able to be excluded, Drake Trailers Pty Ltd shall not be under any liability to the Customer in respect of any loss or damage (including consequential or indirect loss or damage or loss of profits) however caused, which may be suffered or incurred or which may arise directly or indirectly in respect of the Products, any services supplied by Drake Trailers Pty Ltd or the failure of Drake Trailers Pty Ltd to comply with these terms and conditions.
These terms and conditions will apply to the exclusion of all other terms and conditions contained in the Customer's order. In the event of any inconsistency, Drake Trailers Pty Ltd will be deemed, by delivering the Products to the Customer or supplying services to the Customer, to have made an offer to the Customer to sell the Products or supply the services pursuant to these terms and conditions, which offer will be deemed to have been accepted if the Customer retains the Products or accepts the services. Drake Trailers Pty Ltd reserves the right to change these Terms and Conditions at any time.
Drake Trailers Pty Ltd reserves the right to recover from the Customer all goods and services tax ("GST") payable in respect of the supply of goods and services to the Customer.
These terms and conditions are governed by and will be construed in accordance with the laws of Queensland and the parties agree to submit to the jurisdiction of the courts of that state.
The failure by Drake Trailers Pty Ltd to exercise, or any delay in exercising, any right, power or privilege available to it under these terms and conditions will not operate as a waiver thereof or preclude any other or further exercise thereof or the exercise of any other right or power.
www.thedrakeshop.com General Terms and Conditions of Sale
All goods and services ("Products") supplied by Drake Trailers Pty Ltd are supplied on these terms and conditions.
No order shall be binding on Drake Trailers Pty Ltd until accepted by Drake Trailers Pty Ltd. An individual contract for the supply of Products, on these terms and conditions, is formed on acceptance by Drake Trailers Pty Ltd of an order from the Customer. Drake Trailers Pty Ltd reserves the right to accept any order in whole or in part. Where Drake Trailers Pty Ltd makes a part delivery of any order, such delivery shall constitute a separate contract. No order may be cancelled or varied after acceptance by Drake Trailers Pty Ltd.
All orders must be paid for via valid credit card, eft, money order at the time of order placement.
Ownership of the Products does not pass to the Customer until the Customer has discharged all outstanding indebtedness, whether in respect of the Products or otherwise, to Drake Trailers Pty Ltd. Risk in the Products will pass on delivery to the Customer.
Drake Trailers Pty Ltd reserves the right to charge for delivery of the Products at any time, notwithstanding that it may not have previously done so. Administrative fees may also be imposed for orders under certain dollar values.
Any Products which are damaged or defective, delivered after their "use by" or "best before" date, which are not otherwise in accordance with the Customer's order, or which the law provides may otherwise be returned to Drake Trailers Pty Ltd, may be returned to Drake Trailers Pty Ltd within a reasonable time after the Customer has had a reasonable opportunity of inspecting the Product, at no cost to the Customer. Products may not otherwise be returned.
Except to the extent the law provides that liability is not able to be excluded, Drake Trailers Pty Ltd shall not be under any liability to the Customer in respect of any loss or damage (including consequential or indirect loss or damage or loss of profits) however caused, which may be suffered or incurred or which may arise directly or indirectly in respect of the Products, any services supplied by Drake Trailers Pty Ltd or the failure of Drake Trailers Pty Ltd to comply with these terms and conditions.
These terms and conditions will apply to the exclusion of all other terms and conditions contained in the Customer's order. In the event of any inconsistency, Drake Trailers Pty Ltd will be deemed, by delivering the Products to the Customer or supplying services to the Customer, to have made an offer to the Customer to sell the Products or supply the services pursuant to these terms and conditions, which offer will be deemed to have been accepted if the Customer retains the Products or accepts the services. Drake Trailers Pty Ltd reserves the right to change these Terms and Conditions at any time.
Drake Trailers Pty Ltd reserves the right to recover from the Customer all goods and services tax ("GST") payable in respect of the supply of goods and services to the Customer.
These terms and conditions are governed by and will be construed in accordance with the laws of Queensland and the parties agree to submit to the jurisdiction of the courts of that state.
The failure by Drake Trailers Pty Ltd to exercise, or any delay in exercising, any right, power or privilege available to it under these terms and conditions will not operate as a waiver thereof or preclude any other or further exercise thereof or the exercise of any other right or power.
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