Updated 27/3/2024

1. Interpretation

1.1 In these terms and conditions:

(a) Company means ORH Truck Solutions. (b) Customer means any individual or entity engaging with ORH Truck Solutions for the purchase of goods or services. (c) Goods means any products or items supplied by ORH Truck Solutions, including but not limited to trucks and tanks. (d) Services refers to any services provided by ORH Truck Solutions. (e) Governing State refers to the state or territory where ORH Truck Solutions has its principal place of business. (f) PPSA refers to the Personal Property Securities Act. (g) Credit includes any advice or recommendations, intellectual or intangible property under the PPSA, and any supply of Goods.

2. Delivery and Risk

2.1 If ORH Truck Solutions arranges the delivery of Goods, the risk of loss or damage to the Goods passes to the Customer upon ordering. It is the Customer's responsibility to ensure that the Goods are insured during transit.

2.2 ORH Truck Solutions will not be liable for non-delivery or delays in delivery. In such cases, ORH Truck Solutions may deliver the Goods at a later time, and the Customer must accept and pay for them.

2.3 The Customer is not entitled to compensation for any loss, damage, or delay, except as required by law.

2.4 Except as required by law, the Customer is not entitled to return any Goods, and ORH Truck Solutions is not obliged to accept any returns.

3. Title

3.1 ORH Truck Solutions retains legal and beneficial title in all Goods until all monies owed by the Customer are paid in full.

3.2 If the Customer has Goods for which payment has not been received, they must: (a) Keep the Goods in good condition until paid for or collected by ORH Truck Solutions. (b) Allow ORH Truck Solutions to inspect and collect the Goods.

3.3 In relation to Goods for which payment has not been received: (a) The relationship between the Customer and ORH Truck Solutions is fiduciary. (b) The Customer holds the Goods as a bailee for ORH Truck Solutions. (c) If the Goods are sold, the Customer acts as a fiduciary agent of ORH Truck Solutions. (d) Proceeds from the disposal of Goods are held in trust for ORH Truck Solutions. (e) The Customer may only dispose of the Goods in the ordinary course of business. (f) The Customer must store the Goods separately and in a manner that identifies them as ORH Truck Solutions' Goods until delivered to a third party.

4. Access

4.1 The Customer permits ORH Truck Solutions or authorized personnel to enter premises where Goods are held for examination or recovery. The Customer agrees to indemnify ORH Truck Solutions for costs associated with the removal of Goods.

5. Transactions Contemplated by this Agreement

5.1 The Customer's tender of delivery of Goods or services is a condition of acceptance and payment, unless otherwise agreed.

6. Disputes

6.1 If the Customer disputes the quality of Goods or services provided by ORH Truck Solutions or disputes any invoices, they must notify ORH Truck Solutions in writing within 14 days of the invoice date. Failure to do so forfeits the right to dispute.

7. Whole Agreement

7.1 These terms and conditions, along with any application, constitute the entire agreement between the Customer and ORH Truck Solutions. All previous dealings, representations, and arrangements are excluded and canceled unless expressly stated otherwise in writing.

8. Payment

8.1 The Customer agrees to pay all amounts due in clear funds prior to the delivery of Trucks or tanks.

8.2 All amounts are due within the agreed timeframe but no later than 30 days from the date of invoice for parts & service supply.

8.3 If the Customer fails to pay, ORH Truck Solutions may: (a) Charge late payment fees and interest. (b) Charge dishonour handling fees. (c) Recover collection and legal costs. (d) Withhold supply. (e) Pursue legal action.

8.4 Failure to comply constitutes a breach of contract, allowing ORH Truck Solutions to treat the entire agreement as repudiated.

8.5 Each party is jointly and severally liable for any amount due if the agreement involves multiple parties.

9. Default

9.1 ORH Truck Solutions may take action if the Customer: (a) Fails to pay on the due date. (b) Breaches the agreement and fails to rectify it. (c) Cancels delivery. (d) Commits an act of bankruptcy. (e) Allows enforcement of a judgment. (f) Faces insolvency proceedings.

9.2 If the Customer fails to pay, ORH Truck Solutions may access credit reports and take necessary actions.

9.3 The Customer and Guarantor(s) authorize ORH Truck Solutions to exchange information with credit reporting agencies or necessary parties.

9.4 ORH Truck Solutions may report delinquent accounts to credit agencies and pursue debt collection or legal action.

10. Security Interest

10.1 The Customer consents to registration of security interests with the Personal Property Securities Register and must cooperate with ORH Truck Solutions to ensure effective registration.

11. Existing Agreements and Security Interests - Transitional and Non-transitional PPSA Security Interests

11.1 These terms apply to all new orders, and any security interests granted under existing agreements immediately vest in ORH Truck Solutions.

11.2 Customer orders do not constitute new security agreements unless expressly excluded in writing by ORH Truck Solutions.

11.3 This agreement does not merge existing rights but amends them to the extent of any inconsistency.

12. Creation of Charge

12.1 The Customer grants a charge over all present and after-acquired property as further security. This charge may be registered with relevant authorities.

13. Contracting Out

13.1 Where these terms conflict with applicable laws, the parties expressly replace those provisions.

13.2 ORH Truck Solutions and the Customer exclude specific provisions of the PPSA from applying to this agreement.

13.3 The Customer acknowledges ORH Truck Solutions' Purchase Money Security Interest (PMSI) and authorizes necessary actions under the PPSA.

13.4 ORH Truck Solutions may assign the benefit of this contract and security interests, but the Customer may not.

14. Appointment

14.1 The Customer authorizes ORH Truck Solutions or its representatives to execute necessary documents for securing obligations under these terms.

15. Right to Vary Terms and Conditions

15.1 ORH Truck Solutions reserves the right to vary these terms with notice to the Customer. Clerical errors may be corrected without notification.

16. Set-Off

16.1 ORH Truck Solutions may set off any credit owed to the Customer against debts owed to ORH Truck Solutions without notice. The Customer may not withhold payment for alleged set-offs.

17. Limitation of Liability

17.1 Except as required by law, ORH Truck Solutions is not liable for any loss or damage arising from the use of Goods, except for direct loss resulting from a failure to perform contractual obligations.

17.2 All conditions, warranties, and representations by ORH Truck Solutions are excluded unless expressly stated.

17.3 The Customer acknowledges that it does not solely rely on ORH Truck Solutions' advice and must ensure suitability and inspect Goods adequately.

17.4 The Customer warrants that Goods are used appropriately and agrees on remedies for warranty claims.

17.5 The sole remedy for warranty claims is the return of Goods for refund, repair, or replacement by ORH Truck Solutions.

17.6 ORH Truck Solutions is not liable for indirect or consequential loss except for direct loss resulting from a failure to perform contractual obligations.

18. Severance and Waiver

18.1 If any provision is invalid, the remaining provisions remain valid and enforceable.

19. Jurisdiction and Notices

19.1 This agreement is deemed to have been made in the Governing State and is interpreted according to its laws. The parties submit to the jurisdiction of the State's Courts, except where federal law applies.

19.2 Notices and documents may be served in accordance with the Personal Property Securities Act and are deemed received accordingly.

20. Privacy

20.1 The Customer warrants obtaining consent for the use of personal information as per these terms.

20.2 ORH Truck Solutions may use personal information, including credit reports, in assessing or enforcing credit applications, in accordance with the Privacy Act and its privacy policy.

20.3 Personal information may be disclosed to related companies, contractors, credit providers, and others as necessary.

21. Business Purpose Declaration

21.1 The Customer acknowledges that credit provided under this agreement is for business purposes.

These terms and conditions constitute the agreement between the Customer and ORH Truck Solutions. By engaging with ORH Truck Solutions, the Customer agrees to be bound by these terms. ORH Truck Solutions reserves the right to update or modify these terms with notice to the Customer.