MY SHOUT INDUSTRIES PTY LTD (ABN 50 687 658 519) trading as Wide Bay Trailers

Effective Date: 01/10/2025
Last Updated: 01/10/2025

1. ACCEPTANCE OF TERMS

Welcome to the Wide Bay Trailers website (www.widebaytrailers.com.au). These Terms and Conditions (“Terms”) govern your access to and use of our website and the purchase of products and services from MY SHOUT INDUSTRIES PTY LTD (ABN 50 687 658 519), trading as Wide Bay Trailers (“we”, “us”, “our”, “Wide Bay Trailers”).

By accessing, browsing, or using this website, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree with any part of these Terms, you must not use this website or purchase products from us.

We reserve the right to update, modify, or replace these Terms at any time. Changes will be effective immediately upon posting to this website with an updated “Last Updated” date. Your continued use of the website after any changes constitutes your acceptance of the new Terms.

2. DEFINITIONS

“ACL” means the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

“Consumer” means an individual who acquires goods or services from us wholly or predominantly for personal, domestic, or household use or consumption.

“Consumer Guarantees” means the automatic guarantees under the ACL that cannot be excluded.

“Goods” means the trailers, parts, accessories, and other products we sell.

“Services” means any services we provide, including repairs, maintenance, customisation, and advice.

“You” or “Your” means the person accessing this website or purchasing Goods or Services from us.

3. ABOUT WIDE BAY TRAILERS

Wide Bay Trailers is operated by:

Legal Name: MY SHOUT INDUSTRIES PTY LTD
ABN: 50 687 658 519
Trading Name: Wide Bay Trailers
Website: www.widebaytrailers.com.au
Email: [email protected]
Phone: 1300 237 887
Address: 68 Mulgrave Street, Gin Gin, Queensland 4671

4. AUSTRALIAN CONSUMER LAW

4.1 Consumer Guarantees Apply

Under the Australian Consumer Law, when you purchase Goods or Services from us as a Consumer, they come with automatic guarantees that cannot be excluded, restricted, or modified by these Terms or any other agreement. These Consumer Guarantees include (but are not limited to):

For Goods:

  • Goods are of acceptable quality
  • Goods are fit for any disclosed purpose
  • Goods match their description, sample, or demonstration model
  • You receive clear title and undisturbed possession
  • Goods are free from undisclosed securities or charges
  • Spare parts and repair facilities are reasonably available
  • Manufacturer’s express warranties are complied with

For Services:

  • Services are rendered with due care and skill
  • Services are fit for the specified purpose
  • Services are delivered within a reasonable time
  • Any resulting product is fit for purpose and of acceptable quality

4.2 Your Rights for Major Failures

If there is a major failure with Goods or Services you purchased, you are entitled to:

For Goods with major problems:

  • Choose a refund or replacement
  • Compensation for any reasonably foreseeable loss or damage

For Services with major problems:

  • Cancel the service contract
  • Obtain a refund for the unused portion
  • Compensation for any reasonably foreseeable loss or damage

4.3 Your Rights for Minor Failures

If there is a minor failure with Goods or Services, we must repair or resolve the problem within a reasonable time. If we do not do this, you are entitled to a refund for Goods or cancellation and refund for Services.

4.4 How Long Do These Rights Last?

Consumer Guarantees apply for a period of time that is reasonable, considering factors such as the nature of the Goods or Services, the price paid, and any statements made about their durability. These rights may last longer than any warranty we or a manufacturer provides.

4.5 Important Consumer Information

Nothing in these Terms limits your rights as a Consumer under the ACL. In particular:

  • We cannot exclude, restrict, or modify the Consumer Guarantees
  • “No refunds” signs or policies do not override your Consumer Guarantee rights
  • Any warranties we provide are in addition to, not instead of, your Consumer Guarantee rights
  • You must seek remedies from us (the seller), not the manufacturer, even if the manufacturer caused the fault
  • Any clauses in these Terms that are inconsistent with the ACL are void to the extent of that inconsistency

4.6 Mandatory Warranty Text

Where we provide a warranty against defects (manufacturer’s warranty), the following mandatory text applies:

“Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.”

5. PRODUCT INFORMATION AND PRICING

5.1 Product Descriptions

We make every effort to display our trailers and products as accurately as possible on our website. However:

  • Colors may vary slightly due to monitor settings and photography conditions
  • Specifications, dimensions, and features are indicative and subject to change without notice
  • Product images may show optional extras not included in the base price
  • We recommend inspecting trailers in person before purchase or contacting us for clarification

5.2 Pricing

All prices displayed on our website:

  • Are in Australian Dollars (AUD)
  • Include Goods and Services Tax (GST) unless otherwise stated
  • Are subject to change without notice
  • Do not include delivery charges unless explicitly stated
  • May vary from in-store prices

We reserve the right to correct pricing errors on our website. If we discover an error in the price of Goods you have ordered, we will inform you and give you the option to reconfirm your order at the correct price or cancel your order for a full refund.

5.3 Product Availability

We strive to ensure that products displayed as “in stock” are available for immediate purchase. However, availability may change without notice. If an ordered product becomes unavailable, we will contact you to discuss alternatives or issue a refund.

6. ORDERS AND ACCEPTANCE

6.1 Placing an Order

When you place an order through our website, by phone, or in person, you are making an offer to purchase Goods or Services from us. All orders are subject to acceptance by us.

6.2 Order Acceptance

We may accept or reject your order at our discretion. We are not obligated to accept your order, and a contract is only formed when we:

  • Confirm your order in writing (email or otherwise), or
  • Deliver the Goods to you, or
  • Commence performance of Services

whichever occurs first.

6.3 Order Confirmation

Upon accepting your order, we will send you an order confirmation containing:

  • Description and specifications of the Goods or Services
  • Total price (including GST)
  • Delivery details (if applicable)
  • Expected delivery or completion timeframe
  • Payment details

Please review your order confirmation carefully and contact us immediately if any details are incorrect.

7. PAYMENT

7.1 Payment Methods

We accept the following payment methods:

  • Credit and debit cards (Visa, Mastercard, American Express)
  • Bank transfer/direct deposit
  • Finance arrangements through approved third-party providers
  • Cash (for in-person purchases)

7.2 Payment Terms

  • Full payment is required before delivery unless alternative arrangements have been agreed in writing
  • For custom or made-to-order trailers, we may require a deposit
  • Goods remain our property until full payment is received
  • We reserve the right to charge interest on overdue accounts at the rate permitted by law

7.3 Finance

If you choose to finance your purchase through a third-party lender:

  • You are entering a separate contract with the finance provider
  • You must meet the lender’s credit criteria
  • We will share necessary personal information with the finance provider only with your consent
  • The finance provider’s terms and conditions will apply to the finance agreement
  • We are not responsible for the finance provider’s decisions or conduct

7.4 Payment Processing

Payment card transactions are processed securely through third-party payment processors. We do not store your full payment card details. By providing payment information, you warrant that you are authorised to use the payment method.

8. DELIVERY

8.1 Delivery Time-frames

We will deliver Goods within the time-frame specified in your order confirmation. If no time-frame is specified, delivery will occur within a reasonable time.

8.2 Delivery Costs

Delivery charges vary based on:

  • Size and weight of the trailer or product
  • Delivery location
  • Delivery method

Delivery costs will be clearly communicated before you confirm your order.

8.3 Delivery Area

We deliver to addresses within Australia. Delivery to remote or regional areas may incur additional charges or extended time-frames.

8.4 Failed Delivery

If delivery cannot be completed due to:

  • Incorrect delivery address provided by you
  • No one available to receive delivery at the specified address
  • Access issues at the delivery location

we may charge you for additional delivery attempts or storage costs.

8.5 Risk and Title

Risk in the Goods passes to you upon delivery. Title (ownership) in the Goods passes to you upon receipt of full payment.

8.6 Inspection on Delivery

You must inspect the Goods upon delivery and notify us immediately of any damage, defects, or discrepancies. If you sign a delivery receipt without noting any issues, the Goods are deemed to have been delivered in acceptable condition.

9. RETURNS, REFUNDS, AND EXCHANGES

9.1 Consumer Guarantee Rights

Your rights to returns, refunds, and remedies under the ACL Consumer Guarantees are set out in Section 4 above. These rights cannot be excluded or limited.

9.2 Change of Mind Returns

We are not required to provide a refund, exchange, or repair if you simply change your mind or make a wrong selection. However, we may offer a change of mind return as a gesture of goodwill at our discretion, subject to:

  • You contacting us within 14 days of purchase
  • The Goods being returned in original, unused condition with all packaging and accessories
  • You providing proof of purchase
  • You paying return shipping costs
  • A restocking fee may apply (up to 20% of purchase price)

Custom-made or special order trailers cannot be returned for a change of mind.

9.3 Return Process

To return Goods under Consumer Guarantees or our change of mind policy:

  1. Contact us at [Email] or [Phone] to obtain a return authorization
  2. Provide proof of purchase and details of the issue
  3. Follow our return instructions
  4. We will assess the returned Goods and provide a remedy within a reasonable timeframe

9.4 Refund Method

Refunds will be provided using the same payment method used for the original purchase, unless we agree otherwise in writing.

10. WARRANTIES

10.1 Manufacturer’s Warranties

Many products we sell come with manufacturer’s warranties. These warranties are in addition to your Consumer Guarantee rights under the ACL.

We will provide you with warranty information at the time of purchase. You should retain all warranty documentation.

10.2 Wide Bay Trailers Warranties

We may offer our own warranties on certain products. Details of any such warranties will be provided to you in writing at the time of purchase.

All our warranties:

  • Are in addition to, not instead of, your Consumer Guarantee rights
  • Do not limit or exclude your rights under the ACL
  • May have specific terms and conditions that you must comply with

10.3 What is Not Covered

Warranties (including manufacturer’s warranties) typically do not cover:

  • Normal wear and tear
  • Damage caused by misuse, abuse, neglect, or accident
  • Damage from failure to maintain the product as recommended
  • Modifications or repairs by unauthorized persons
  • Use contrary to operating instructions
  • Damage from abnormal use or conditions

However, exclusions in warranties do not affect your Consumer Guarantee rights under the ACL.

11. LIMITATION OF LIABILITY

11.1 Liability Under Australian Consumer Law

Nothing in this clause limits our liability for breaches of Consumer Guarantees under the ACL or other rights that cannot be excluded under Australian law.

11.2 Liability for Non-Consumer Purchases

If you are not a Consumer (for example, if you purchase a trailer for business use that is not a “consumer good” under the ACL):

  • Our liability for any breach of a non-excludable guarantee is limited, at our option, to:
    • For Goods: repair, replacement, or payment of the cost of repair or replacement
    • For Services: re-supply of services or payment of the cost of re-supply
  • To the maximum extent permitted by law, we exclude all liability for indirect, consequential, special, or incidental losses or damages, including loss of profits, loss of business, or loss of data

11.3 General Limitation

To the maximum extent permitted by law:

  • We do not warrant that our website will be uninterrupted, error-free, or free from viruses or other harmful components
  • We are not liable for any loss or damage arising from your use of this website or reliance on information contained on it
  • You use this website at your own risk

12. INTELLECTUAL PROPERTY

12.1 Ownership

All content on this website, including but not limited to:

  • Text, graphics, logos, images, and photographs
  • Design, layout, and “look and feel”
  • Software, code, and functionality
  • Trademarks, service marks, and trade names

is owned by or licensed to us and is protected by Australian and international copyright, trademark, and other intellectual property laws.

12.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to:

  • Access and view this website for personal, non-commercial purposes
  • Print or download content for your personal use only

You may not:

  • Reproduce, modify, distribute, display, perform, or create derivative works from our content without our prior written consent
  • Use our trademarks or trade names without our prior written consent
  • Frame or embed our website on another website
  • Use automated systems (robots, spiders, scrapers) to access or collect data from our website

12.3 Trademarks

“Wide Bay Trailers” and our logo are trademarks of MY SHOUT INDUSTRIES PTY LTD. Other trademarks appearing on our website belong to their respective owners.

13. USER CONDUCT

When using our website, you must not:

  • Violate any applicable laws or regulations
  • Infringe the intellectual property rights of us or any third party
  • Transmit viruses, malware, or other harmful code
  • Attempt to gain unauthorised access to our systems or networks
  • Interfere with the proper functioning of the website
  • Engage in any conduct that restricts or inhibits any other user from using the website
  • Collect or harvest information about other users
  • Use the website for any fraudulent or unlawful purpose

We reserve the right to terminate or restrict your access to the website if you violate these Terms.

14. THIRD-PARTY LINKS

Our website may contain links to third-party websites, including:

  • Finance provider websites
  • Manufacturer websites
  • Social media platforms
  • Other resources

These links are provided for your convenience only. We do not endorse, control, or assume responsibility for the content, privacy policies, or practices of any third-party websites.

Accessing third-party websites is at your own risk. We recommend reviewing the terms and conditions and privacy policy of any third-party website you visit.

15. PRIVACY AND DATA PROTECTION

Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which you can access at privacy policy.

By using this website, you consent to our collection and use of your personal information in accordance with our Privacy Policy.

16. SECURITY

We implement reasonable security measures to protect our website and your information. However, no method of transmission over the internet or electronic storage is completely secure. We cannot guarantee the absolute security of your information.

You are responsible for:

  • Maintaining the confidentiality of any login credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorised use of your account

17. COOKIES AND TRACKING

We use cookies and similar tracking technologies on our website. For detailed information about our use of cookies, please see our Privacy Policy.

By continuing to use our website, you consent to our use of cookies in accordance with our Privacy Policy.

18. DISPUTES AND COMPLAINTS

18.1 Contact Us First

If you have a complaint or dispute regarding:

  • Products or Services you purchased
  • Your experience with our website
  • These Terms

please contact us first at:

We will make every reasonable effort to resolve your complaint promptly and fairly.

18.2 Alternative Dispute Resolution

If we cannot resolve your complaint directly, you may contact:

For Consumer Guarantee disputes:

  • Your state or territory consumer protection agency
  • Australian Competition and Consumer Commission (ACCC): www.accc.gov.au

For general disputes:

  • Queensland Civil and Administrative Tribunal (QCAT): www.qcat.qld.gov.au
  • [Or your relevant state/territory tribunal]

19. GOVERNING LAW AND JURISDICTION

These Terms are governed by the laws of Queensland, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Queensland and the Commonwealth of Australia.

If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

20. UNFAIR CONTRACT TERMS

We acknowledge that the Australian Consumer Law protects consumers and small businesses from unfair terms in standard form contracts. We have taken reasonable steps to ensure these Terms are fair and transparent.

If any term in these Terms is found to be unfair by a court:

  • That term will be void and unenforceable
  • The remaining terms will continue to apply to the extent the contract can operate without the unfair term

21. GENERAL PROVISIONS

21.1 Entire Agreement

These Terms, together with our Privacy Policy and any other documents expressly referred to in these Terms, constitute the entire agreement between you and us regarding your use of this website and purchase of products or services.

21.2 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

21.3 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations without restriction.

21.4 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions will not be affected.

21.5 Force Majeure

We are not liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, strikes, pandemics, natural disasters, or failures of telecommunications or internet services.

22. DEFINITIONS AND INTERPRETATION

22.1 Interpretation

In these Terms:

  • Headings are for convenience only and do not affect interpretation
  • References to “includes” or “including” are not limiting
  • Words in the singular include the plural and vice versa
  • References to persons include individuals, companies, and other legal entities
  • References to Australian dollars are to the lawful currency of Australia

23. CONTACT INFORMATION

If you have any questions about these Terms, please contact us:

Wide Bay Trailers
MY SHOUT INDUSTRIES PTY LTD (ABN 50 687 658 519)

Email: [email protected]
Phone: 1300 237 887
Address: 68 Mulgrave Street, Gin Gin, Queensland 4671
Website: www.widebaytrailers.com.au

These Terms and Conditions were last updated on 01/10/2025.

By using our website or purchasing from us, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions and our Privacy Policy.

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