Terms of service
Big Red Truck Fire Rescue
General Terms of Sale
Index
- Orders
- Quotations
- Pricing
- GST
- Freight and Delivery Charges
- Payment
- Trading Accounts
- Overdue Accounts
- Product Availability
- Backorders
- Special-Order Products
- Custom-Made and Personalised Products
- Custom Works, Design Development and Prototypes
- Customer-Supplied Information and Specifications
- Product Descriptions and Specifications
- Technical Information
- Installation and Use
- Safety-Critical Equipment
- Title to Goods
- Risk and Delivery
- Inspection on Delivery
- Returns and Exchanges
- Warranties
- Australian Consumer Law
- Liability
- Delays Outside Our Reasonable Control
- Order Cancellation by Big Red Truck Fire Rescue
- Cancellation by the Customer
- Intellectual Property and Custom Designs
- Government, Tender and Contract Customers
- Resellers and Distributors
- Changes to These Terms
- Governing Law
- Severability
- Contact Us
These Terms of Sale apply to products and services supplied by BRT Enterprises (Australia) Pty Ltd trading as Big Red Truck Fire Rescue (“Big Red Truck Fire Rescue”, “BRT”, “we”, “us” or “our”).
By placing an order with Big Red Truck Fire Rescue, you agree to these Terms of Sale together with any applicable quotation, order confirmation and our published policies.
Nothing in these Terms excludes, restricts or modifies any rights or remedies available under the Australian Consumer Law or any other law where those rights or remedies cannot lawfully be excluded, restricted or modified.
1. Orders
Orders may be placed through:
- the Big Red Truck Fire Rescue website;
- email;
- telephone;
- purchase order;
- quotation acceptance; or
- another method accepted by Big Red Truck Fire Rescue.
An order submitted to us is an offer to purchase the products or services specified in the order.
An order is not binding on Big Red Truck Fire Rescue until we have accepted the order.
Acceptance may occur when we:
- issue an order confirmation;
- accept payment;
- commence procurement, manufacture or preparation of the goods; or
- otherwise confirm acceptance of the order.
We reserve the right to decline an order where reasonably necessary, including where a product is unavailable, pricing information is incorrect, payment has not been received or we are unable to fulfil the order.
Where payment has already been received for an order that we cannot accept, we will refund the applicable amount.
2. Quotations
Unless otherwise stated, quotations issued by Big Red Truck Fire Rescue are valid for the period shown on the quotation.
If no validity period is stated, the quotation is generally valid for 30 days from the date of issue.
A quotation may be subject to:
- product availability;
- exchange-rate movements;
- supplier pricing;
- freight charges;
- duties, taxes and government charges;
- minimum order quantities; and
- other conditions specified in the quotation.
Where a quotation is accepted after its validity period has expired, Big Red Truck Fire Rescue may review and update the pricing before accepting the order.
Any specific terms stated in a quotation or written agreement will take priority over these general Terms of Sale to the extent of any inconsistency.
3. Pricing
Prices are those displayed on our website, stated in our quotation or otherwise advised by Big Red Truck Fire Rescue at the time of purchase.
We take reasonable care to ensure pricing information is accurate.
Prices may change without notice prior to an order being accepted.
Once an order has been accepted, the agreed price will not normally change unless:
- the customer requests a change to the order;
- the original price was based on incorrect information provided by the customer;
- the parties agree to a variation; or
- another adjustment is permitted by law.
Where a pricing error is identified before an order is accepted, we will advise the customer and provide the opportunity to proceed at the correct price or cancel the order.
Nothing in this section limits any obligations applying to displayed pricing under Australian law.
4. GST
Unless expressly stated otherwise, prices displayed to consumers on the Big Red Truck Fire Rescue website include applicable Goods and Services Tax (GST) where required by law.
For commercial quotations, trade price lists or business-to-business communications, prices may be shown excluding GST where this is clearly stated.
GST will be applied at the rate required by Australian law.
5. Freight and Delivery Charges
Freight, delivery, handling and specialised transport charges may be additional to the product price.
Applicable freight charges will generally be:
- displayed during online checkout;
- included in a quotation;
- advised prior to dispatch; or
- separately quoted for large, heavy, hazardous or specialised goods.
Our Shipping Policy forms part of these Terms of Sale and should be read in conjunction with this document.
6. Payment
Payment must be made using a payment method accepted by Big Red Truck Fire Rescue.
Depending on the customer and transaction, accepted payment methods may include:
- credit or debit card;
- electronic funds transfer;
- approved online payment services;
- approved trading account; or
- another payment method agreed by Big Red Truck Fire Rescue.
Orders requiring payment in advance will not normally be dispatched until cleared payment has been received.
Any payment fee or surcharge will only be charged where lawful and will be disclosed in accordance with applicable Australian law.
7. Trading Accounts
Approved account customers are required to pay invoices in accordance with the payment terms shown on the invoice or agreed account terms.
Unless otherwise agreed in writing, granting a trading account does not oblige Big Red Truck Fire Rescue to provide ongoing credit.
We may reasonably review, vary, suspend or withdraw credit facilities having regard to matters such as:
- payment history;
- overdue accounts;
- changed credit risk;
- account activity; or
- other reasonable commercial considerations.
Any changes will apply prospectively and will not affect rights that have already accrued.
8. Overdue Accounts
Where an account becomes overdue, Big Red Truck Fire Rescue may:
- suspend further supply;
- place existing unfulfilled orders on hold;
- require future purchases to be paid in advance; and
- take reasonable steps to recover outstanding amounts.
Where legally permitted and previously agreed, reasonable costs incurred in recovering overdue amounts may be payable by the customer.
Nothing in this provision permits recovery practices that are unlawful or unreasonable.
9. Product Availability
All products are subject to availability.
Stock levels may change without notice, particularly for imported, specialised or high-demand products.
Where an ordered product becomes unavailable, we may:
- place the item on backorder;
- offer an alternative product;
- arrange a partial shipment;
- provide an updated estimated supply date; or
- offer a refund for the unavailable item.
We will not substitute a materially different product without the customer's agreement.
10. Backorders
Where an item is temporarily unavailable, Big Red Truck Fire Rescue may place the item on backorder.
Where practical, we will advise the customer of the expected availability.
Orders containing both available and backordered products may be held and dispatched together to avoid unnecessary freight charges.
Customers may request available items to be dispatched separately. Additional freight charges may apply and will be advised before dispatch.
11. Special-Order Products
A special-order product includes a product that is:
- sourced specifically for a customer;
- not normally held in stock;
- imported specifically for an order;
- subject to a supplier minimum order quantity; or
- otherwise specially procured at the customer's request.
Once Big Red Truck Fire Rescue has committed to purchasing or procuring a special-order product, the order generally cannot be cancelled or changed due solely to a change of mind.
Any deposit or amount paid toward a special-order product may be non-refundable to the extent that Big Red Truck Fire Rescue has reasonably incurred costs or commitments arising from the customer's order.
Nothing in this section excludes rights available under the Australian Consumer Law.
12. Custom-Made and Personalised Products
Custom-made products include products that are:
- manufactured to customer specifications;
- engraved;
- labelled or branded;
- modified;
- specially assembled;
- colour matched;
- configured; or
- otherwise altered for a particular customer.
Customers are responsible for carefully reviewing and approving specifications, drawings, artwork, spelling, dimensions and other custom requirements before manufacture begins.
Once manufacture or modification has commenced, a custom order generally cannot be cancelled or changed due solely to a change of mind.
If a customer requests a change after approval or commencement, additional costs and revised delivery times may apply.
These provisions do not affect rights relating to faulty, defective or incorrectly manufactured goods.
13. Custom Works, Design Development and Prototypes
Where Big Red Truck Fire Rescue is engaged to design, engineer, develop, modify or manufacture a custom product or prototype, additional commercial terms may apply.
Before work commences, the customer must provide and agree to a sufficiently clear scope of work, design criteria and performance requirements.
Where appropriate, Big Red Truck Fire Rescue will provide an estimate of the number of design, engineering, development or manufacturing hours expected to be required.
Any estimate is provided as a guide only unless expressly agreed to be a fixed-price quotation.
Big Red Truck Fire Rescue may require a deposit of up to 50% of the estimated project value before commencing custom work.
A higher upfront payment may be required where third-party suppliers, manufacturers or subcontractors require full or substantial payment in advance for materials, components, tooling or other project-specific costs.
Any such requirement will be advised to the customer before the relevant commitment is made.
Custom design and prototype projects may also incur an upfront design and development fee to contribute toward costs including:
- design and drafting;
- engineering;
- CAD modelling;
- prototyping;
- materials;
- tooling;
- machining and fabrication;
- subcontracted services;
- testing; and
- other reasonable development costs.
The applicable fee, deposit or initial project charge will be advised before work commences.
Changes to Scope
The agreed quotation or estimate is based on the scope of work and design criteria accepted at the commencement of the project.
Any alteration, addition, redesign, change in specification or change in scope requested by the customer after work has commenced may result in:
- additional design or engineering time;
- additional labour charges;
- additional material or component costs;
- revised prototype costs;
- additional subcontractor costs; and
- changes to the estimated completion or delivery timeframe.
Big Red Truck Fire Rescue will endeavour to advise the customer where a requested change is likely to result in a material additional cost before undertaking that additional work.
Where the customer materially changes the original scope, Big Red Truck Fire Rescue may issue a revised quotation, variation or additional charge.
Prototype Development
A prototype is generally produced for evaluation, testing or refinement and may not represent the final production product in every respect.
Prototype development may involve iterative design changes, material trials, testing and further engineering before a final production design is approved.
Unless otherwise agreed in writing, the cost of prototype development is separate from the cost of subsequent production quantities.
Completion of a prototype does not oblige the customer to proceed to production and does not oblige Big Red Truck Fire Rescue to commence production unless production pricing, quantities and specifications have subsequently been agreed.
Customer Approval
The customer is responsible for reviewing and approving relevant drawings, specifications, dimensions, materials, artwork, performance requirements and other design details presented for approval.
Big Red Truck Fire Rescue may rely on that approval when proceeding with manufacture, procurement or further development.
If an error results solely from information, specifications or an approval provided by the customer, additional rectification costs may apply, except to the extent that Big Red Truck Fire Rescue is responsible for the error or applicable law provides otherwise.
Cancellation of Custom Development Work
If a customer cancels a custom design, engineering or prototype project after work has commenced, Big Red Truck Fire Rescue may retain or recover reasonable amounts corresponding to work performed and costs or commitments already incurred, including:
- design and engineering time;
- materials purchased;
- supplier deposits;
- subcontractor charges;
- tooling;
- machining or fabrication;
- prototype components; and
- other project-specific expenses.
Any unused balance of a deposit will be refunded where applicable after reasonable committed costs have been accounted for.
Nothing in this section excludes rights or remedies that cannot lawfully be excluded under the Australian Consumer Law.
14. Customer-Supplied Information and Specifications
Where products are supplied or manufactured based on measurements, drawings, specifications or other information provided by the customer, the customer is responsible for ensuring that information is accurate and complete.
Big Red Truck Fire Rescue is not responsible for an error resulting solely from incorrect or incomplete information supplied by the customer, except to the extent required by law.
Where we identify a potential error or inconsistency before manufacture or supply, we will endeavour to raise it with the customer.
15. Product Descriptions and Specifications
We take reasonable care to ensure product descriptions, photographs, technical information and specifications are accurate.
Manufacturers may occasionally alter specifications, designs, colours, packaging or components without prior notice.
Where a change materially affects the performance, function or suitability of a product, we will endeavour to advise the customer before supply where reasonably practicable.
Images are provided for general identification and illustration and may not always represent every minor product variation.
Nothing in this section permits a product to be supplied where doing so would amount to misleading or deceptive conduct or a breach of an applicable consumer guarantee.
16. Technical Information
Technical specifications, performance data and product information provided by Big Red Truck Fire Rescue are based on information available from manufacturers, suppliers, testing, technical documentation or our own product information.
Customers remain responsible for determining whether a product is suitable for their application unless Big Red Truck Fire Rescue has expressly agreed to provide professional advice regarding that application.
Where a customer advises us of a particular purpose and relies on our advice or recommendation, applicable rights under the Australian Consumer Law are not excluded by this clause.
17. Installation and Use
Products must be installed, operated, inspected, maintained and serviced in accordance with:
- manufacturer instructions;
- applicable standards;
- workplace procedures;
- relevant legislation; and
- appropriate industry practice.
Certain products supplied by Big Red Truck Fire Rescue are intended for trained professional users. Customers are responsible for ensuring personnel using specialised fire, rescue, safety or emergency equipment are appropriately trained and authorised.
This provision does not exclude liability arising from a defect in a product or other rights that cannot lawfully be excluded.
18. Safety-Critical Equipment
Many products supplied by Big Red Truck Fire Rescue are used in safety-critical environments.
Customers must immediately discontinue use of equipment where there is reason to believe that continued use may be unsafe.
Where a possible product defect or safety issue is identified, customers should contact Big Red Truck Fire Rescue promptly so that the product can be assessed.
19. Title to Goods
Where goods are supplied on credit, title to the goods remains with Big Red Truck Fire Rescue until all amounts owing for those goods have been paid in full, to the extent permitted by law.
Until title passes, the customer must not knowingly dispose of, sell or grant a security interest over unpaid goods in a manner inconsistent with Big Red Truck Fire Rescue's rights.
Any retention-of-title rights are subject to applicable Australian law, including the Personal Property Securities Act 2009 where relevant.
20. Risk and Delivery
Risk associated with freight and delivery will be dealt with in accordance with our Shipping Policy, any specific delivery agreement and applicable Australian law.
Nothing in these Terms is intended to state that Big Red Truck Fire Rescue's legal responsibility automatically ends merely because goods have been handed to a freight carrier.
21. Inspection on Delivery
Customers should inspect goods as soon as reasonably practicable after delivery.
If goods appear damaged, incorrect, incomplete or defective, please contact Big Red Truck Fire Rescue promptly.
Prompt notification assists us with freight investigations and resolving problems efficiently.
Failure to notify us immediately does not remove any rights available under the Australian Consumer Law.
22. Returns and Exchanges
Returns and exchanges are handled in accordance with our Returns, Refunds & Exchanges Policy.
Big Red Truck Fire Rescue provides a 14-day change-of-mind return policy subject to the conditions set out in that policy.
The 14-day change-of-mind period does not limit rights relating to faulty or defective products under the Australian Consumer Law.
23. Warranties
Product warranties and warranty claims are handled in accordance with our Warranty Policy.
Manufacturer, supplier and Big Red Truck Fire Rescue warranties operate in addition to any consumer guarantees that apply under Australian Consumer Law.
24. Australian Consumer Law
Our goods and services may come with guarantees that cannot be excluded under the Australian Consumer Law.
Nothing in these Terms is intended to exclude, restrict or modify:
- a consumer guarantee;
- a right or remedy under the Australian Consumer Law; or
- any other statutory right that cannot lawfully be excluded, restricted or modified.
Business customers may also qualify as consumers under the Australian Consumer Law depending on the nature, value and purpose of the transaction.
25. Liability
To the maximum extent permitted by law, Big Red Truck Fire Rescue is not liable for indirect or consequential loss arising from circumstances outside our reasonable control or from use of a product contrary to its intended purpose or instructions.
This limitation does not apply where liability cannot lawfully be excluded or limited.
Nothing in these Terms limits liability for loss or damage to the extent that it results from:
- a breach of a consumer guarantee where liability cannot lawfully be limited;
- fraud;
- wilful misconduct;
- negligence where liability cannot lawfully be excluded; or
- another matter for which liability cannot legally be excluded.
26. Delays Outside Our Reasonable Control
Big Red Truck Fire Rescue is not responsible for delay caused by circumstances outside our reasonable control, such as:
- natural disasters;
- severe weather;
- fire or flood;
- transport disruption;
- industrial action;
- government restrictions;
- supplier or manufacturing disruption;
- port congestion;
- international freight disruption; or
- similar events.
If such circumstances materially delay an order, we will endeavour to keep the customer informed and work toward a reasonable solution.
Nothing in this section removes rights that arise where goods cannot be supplied within a reasonable time.
27. Order Cancellation by Big Red Truck Fire Rescue
Big Red Truck Fire Rescue may cancel an order where reasonably necessary, including where:
- goods are unavailable;
- a supplier discontinues a product;
- an order cannot lawfully be supplied;
- payment has not been received;
- fraud or unauthorised payment is reasonably suspected; or
- an obvious material error has occurred in an order.
If we cancel an order after payment has been received, amounts paid for goods that will not be supplied will be refunded.
28. Cancellation by the Customer
Customers should contact Big Red Truck Fire Rescue as soon as possible if they wish to cancel an order.
Where an order has not yet been processed, procured, manufactured or dispatched, we will generally endeavour to accommodate the cancellation.
Cancellation may not be available for:
- special-order products;
- custom-made goods;
- personalised products;
- products already procured specifically for the customer;
- custom design or prototype work already commenced; or
- orders already dispatched.
Where cancellation results in unavoidable costs already reasonably incurred by Big Red Truck Fire Rescue, those costs may be deducted from any refund where legally permitted and where the customer has been informed of the applicable conditions.
Australian Consumer Law rights are not affected.
29. Intellectual Property and Custom Designs
Unless otherwise agreed in writing, intellectual property owned by Big Red Truck Fire Rescue before undertaking an order remains the property of Big Red Truck Fire Rescue.
This may include:
- designs;
- drawings;
- templates;
- manufacturing methods;
- CAD files;
- product concepts;
- tooling designs;
- artwork, other than artwork supplied by the customer; and
- technical documentation.
Unless otherwise agreed in writing, intellectual property created by Big Red Truck Fire Rescue as part of custom design, engineering or prototype work remains the property of Big Red Truck Fire Rescue, subject to any rights specifically granted to the customer.
Payment for design, development or prototype work does not automatically transfer ownership of CAD files, engineering files, drawings, manufacturing methods, tooling designs, artwork created by Big Red Truck Fire Rescue or other underlying intellectual property.
The purchase of a physical product does not automatically transfer ownership of underlying intellectual property.
Where customers provide logos, artwork, trademarks, drawings, designs or other intellectual property, ownership of that customer-supplied material remains with the customer or its respective owner.
By providing such material to Big Red Truck Fire Rescue, the customer confirms that they have the necessary rights, permissions or authority for Big Red Truck Fire Rescue to use, reproduce, modify or incorporate that material solely as required to complete the requested work.
Big Red Truck Fire Rescue does not claim ownership of intellectual property supplied by the customer.
30. Government, Tender and Contract Customers
Where Big Red Truck Fire Rescue supplies products under:
- a government contract;
- standing offer arrangement;
- tender;
- supply agreement;
- purchase order incorporating agreed conditions; or
- separately negotiated contract,
the terms of that agreement will take priority over these Terms of Sale to the extent of any inconsistency.
31. Resellers and Distributors
Where products are purchased for resale, additional reseller, distributor or account terms may apply.
Consumer guarantees under the Australian Consumer Law may not apply to goods purchased for resupply, although other contractual and statutory rights may apply.
32. Changes to These Terms
Big Red Truck Fire Rescue may update these Terms of Sale from time to time.
The Terms applying to an order are generally those in effect when the order is accepted, unless a later variation is agreed between the parties or required by law.
Changes will not retrospectively alter completed transactions.
33. Governing Law
These Terms are governed by the laws applicable in Queensland, Australia.
The parties submit to the courts and tribunals having jurisdiction in Queensland, subject to any rights a customer has to bring proceedings in another jurisdiction under applicable law.
34. Severability
If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be read down or severed to the minimum extent necessary.
The remaining provisions will continue to operate.
35. Contact Us
For questions regarding orders, quotations, payments, custom work, prototypes or these Terms of Sale, please contact:
Big Red Truck Fire Rescue
BRT Enterprises (Australia) Pty Ltd
Unit 12/65 Business Street
Yatala QLD 4207