Farmtrek’s Terms of Sale
Last Updated 1/2/2025
These Terms of Sale (“Terms”) govern the sale of products by Farmtrek Australia Pty Ltd ABN 41 604 207 230 (“we”, “our”, “us”) to customers (“you”, “your”). By placing an order with us, you agree to be bound by these Terms. Please read them carefully before making a purchase.
1. Orders
1.1 Placing an Order: Orders can be placed through our website, over the phone, or by other methods as communicated by us. All orders are subject to acceptance and availability.
1.2 Order Confirmation: Upon receiving your order, we will send you a confirmation via email. This confirmation does not guarantee the acceptance of your order but acknowledges that we have received it.
1.3 Acceptance of Orders: We reserve the right to accept or reject any order at our discretion. If we are unable to fulfill your order, we will notify you as soon as possible and arrange for a refund of any payment made.
2. Pricing and Payment
2.1 Pricing: All prices are listed in Australian dollars (AUD) and include GST unless otherwise specified. Prices are subject to change without notice. The price payable for the products will be the price in effect at the time of order placement, subject to any applicable discounts or promotions. The purchase price of your Vehicle is indicated in your Vehicle Configuration and is indicative Drive Away Price based off your selection.
2.2 Payment Methods: We accept payment by credit card, bank transfer, and other methods as specified on our website. Please note that a 1.7% credit card processing fee applies to all credit card payments. Payment must be received in full before we process your order.
2.3 Deposit: A non-refundable deposit of 40% of the total purchase price is required at the time of order placement. This deposit secures your order and will be applied to the total purchase price. Please note we incur significant costs in preparing and coordinating the delivery of your Vehicle including but not limited to pre-order, production, storage, taxes and shipping logistics, so your deposit is non-refundable under any circumstances, except where required by law. You acknowledge that the Non-refundable deposit is a fair and reasonable estimate of the actual damages we have incurred or may incur in processing your order and in addition remarketing, and reselling the Vehicle, which these costs are otherwise impracticable or extremely difficult to determine.
2.4 Price Adjustments: We reserve the right to adjust prices due to errors, changes in taxes or duties, or any other factors beyond our control. If a price adjustment affects your order, we will contact you before processing the order.
3. Delivery
3.1 Delivery Timeframes: Delivery times are estimates only and may vary based on several factors, including your location, product availability and delays to supply chain. We will make every effort to deliver your order within the estimated timeframe, but we do not guarantee delivery dates.
3.2 Delivery Costs: Delivery costs are calculated based on your location and the size of your order. These costs will be displayed at checkout before you confirm your order.
3.3 Title and Risk: Title to the products passes to you upon full payment. Risk in the products passes to you upon delivery to the delivery address specified in your order. If we are coordinating the shipping of the vehicle to you via a third-party carrier, you agree that delivery, including the transfer of title and risk of loss, occurs at the time your vehicle is loaded onto the carrier’s transport (i.e., FOB shipping point). The carrier will ensure your vehicle during transit, and you will be the beneficiary of any claims for damage or losses occurring while the vehicle is in the carrier’s possession.
3.4 Delivery to Remote Areas: If you are located in a remote or less accessible area, delivery may incur additional charges and extended delivery times. We will inform you of any additional charges before processing your order.
3.5 Failure to take Delivery: You agree that time is of the essence. While we will make reasonable efforts to arrange the delivery of your vehicle, if you do not respond to our notification or are unable to take delivery within one (1) month of the notified date that your vehicle is ready for pickup, your vehicle may be made available for sale to other customers, and your order may be cancelled, including the forfeiture of your non-refundable deposit.
4. Changes, Returns and Refunds
4.1 Changes to your Order: Since your Vehicle is either custom-built to your specifications or has already been manufactured, making changes to your Vehicle Configuration may be challenging or, in some cases, impossible to accommodate. While we will make every effort to meet your request, please note that any adjustments may result in price increases due to changes in pricing since your original Order Date. Any modifications you make to your Vehicle Configuration, including changes to the delivery location or estimated delivery date, will be documented in an updated Vehicle Configuration, which will then become part of this Agreement.
4.2 Cooling Off Period: You may cancel your purchase within 24 hours of placing the order. A written notice of cancellation must be sent to us within this period. Upon receiving the notice, a full refund will be issued, less any applicable payment processing fees. No cancellations or refunds will be accepted after the 24-hour cooling-off period has elapsed.
4.3 Change of Mind: We do not offer refunds for change of mind. Please choose your products carefully.
4.4 Return Process: To return a product, you must first contact us to obtain a Return Authorisation. Products returned without authorisation may not be accepted. Returned products must be in their original condition and packaging.
4.5 Refunds: Approved refunds will be processed using the original payment method. Please allow up to twelve (12) weeks for the refund to be processed and reflected in your account.
5. Warranty
5.1 Standard Warranty: You will receive the Farmtrek Australia New Vehicle Limited Warranty, as applicable, at or before the time of vehicle delivery or pickup. This warranty is in addition to the rights and remedies available to you under Australian law concerning the vehicle. You can request a written copy of your warranty from us or download it from our website. Please note that the warranty is only valid within Australia (the “Home Jurisdiction”) and does not apply outside this jurisdiction. If an issue arises with your vehicle outside the Home Jurisdiction requiring warranty service, you will be responsible for 100% of the costs to return the vehicle to the Home Jurisdiction for service. Any vehicle requiring service outside its original jurisdiction of homologation will be at the customer’s sole cost and expense.
This warranty is provided by Farmtrek Australia Pty Ltd (ABN 41 604 207 230) of 81-83 Campbell Street, Surry Hills NSW 2010. Warranty claims should be notified to us using the contact details provided below. You will be responsible for any costs associated with claiming under the warranty, including transporting the vehicle to the original delivery location or another location agreed upon by both parties for assessment and/or collection.
Under the Farmtrek Australia New Vehicle Limited Warranty, we will cover the cost of repairs necessary to correct defects in materials or workmanship of any parts manufactured or supplied by us that occur under normal use within one year from the date of delivery, or 200 hours of use, whichever comes first.
Our goods come with guarantees that cannot be excluded under Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable losses.
5.2 Extended Warranty: Extended warranty options may be available for purchase. The terms of any extended warranty will be provided at the time of purchase.
5.3 Warranty Claims: To make a warranty claim, please contact us with your proof of purchase and a description of the issue. We will assess your claim and provide instructions for repair, replacement, or other remedies.
6. Limitation of Liability
6.1 No Liability for Indirect Loss: To the extent permitted by law, we exclude all liability for any indirect, incidental, or consequential loss or damage arising from the purchase or use of our products.
6.2 Maximum Liability: Our maximum liability for any claim under these Terms, including for breach of contract, negligence, or other legal theory, is limited to the amount you paid for the product that is the subject of the claim.
7. No resellers
7.1 No reselling of vehicles: We sell vehicles directly to end consumers. We reserve the right to unilaterally cancel any order that we believe has been placed with the intention of reselling the vehicle or made in bad faith. This includes orders where a third party is facilitating or brokering the sale, or if the vehicle is intended to be exported to a location other than the one you have specified for keeping the vehicle. Additionally, we may cancel your order and refund your deposit if we discontinue a product, feature, or option after your order has been placed.
7. Governing Law
These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.
8. Changes to These Terms
We may update these Terms from time to time to reflect changes in our policies, legal requirements, or other factors. The most current version of these Terms will be available on our website. Your continued use of our services following any changes to these Terms constitutes your acceptance of those changes.
9. Contact Details
If you have any questions or concerns about these Terms, please contact us at:
Farmtrek Australia Pty Ltd
Unit 1, 12 Tyree Place
Braemar NSW 2575
Australia
Phone: 1300 295 368
Email: legal@farmtrek.com.au