Ocean Roads Aust Pty Ltd – Purchase Agreement

1. Scope of Products and Variants

1.1 Ocean Roads Aust Pty Ltd (“Ocean Roads”) offers pre-set ute trays and canopies, with models and variants specified for each product.

1.2 Quotes provided to the customer are based on the selected model and variant, with inclusions detailed accordingly.

1.3 No modifications or additions are included in the base price. Additional customizations or modifications are subject to prior approval and will be quoted separately.

1.4 No additional products, services, modifications, or upgrades communicated with Ocean Roads or its authorized representatives, whether verbally or in writing, are included unless they are specifically listed on the final sales order provided by Ocean Roads.

1.5 Ocean Roads is not a custom product builder. All products are manufactured based on set designs and dimensions determined by Ocean Roads.

1.6 Ocean Roads is not responsible for the fitment or functionality of its products if alterations have been made to the vehicle that affect compatibility, including but not limited to:

• Changes in tyre size
• Suspension modifications (e.g., lifts)
• Exhaust changes
• Other aftermarket adjustments
  1.7 If alterations to the product are required during the fitting stage due to interference caused by aftermarket accessories (excluding Ocean Roads’ own products), the customer will bear the full cost of such alterations.
  1.8 Alterations required after production has started may impact warranties on the affected product. Ocean Roads bears no responsibility for the function, fit, or cosmetic appearance of such alterations.
  1.9 Customers will be notified if alterations are required and will be provided with an estimate before any work is carried out. No refunds will be provided for products that do not fit or function due to interference from aftermarket accessories or undisclosed vehicle modifications.

2. Payment Terms

2.1 Deposit: A 20% deposit is required to secure a production slot.

2.2 Progress Payment: One week before production begins, a 50% progress payment is due, with a 5-day payment term.

2.3 Final Payment: Upon reaching the powder coating and assembly stage, the final invoice (remaining 30%) will be issued with a 7-day payment term.

3. Late Payments and Production Delays

3.1 Timeliness and Production Schedule: Timely payments are essential to maintain the production schedule as quoted. If a payment is late, Ocean Roads reserves the right to place the build on hold until payment is received.

3.2 Impact of Hold on Production Queue: A build on hold due to late payment will not disrupt the production schedule of other builds. As a result, subsequent builds may be moved forward to maintain workflow continuity. This means that even a short delay in payment could lead to the customer’s build being shifted back several production slots, significantly extending the expected delivery date.

3.3 Example: A delay of just a few days in payment could result in a postponement of several weeks or longer, depending on the production queue at that time. Customers are advised that any delay in payment deadlines may lead to rescheduling their build, potentially pushing the completion date back beyond the initial estimate.

4. Lead Times and Delivery Schedule

4.1 Quoted Lead Times: The lead times provided on the initial quote are estimates valid only at the time of quotation. These are subject to change upon acceptance of the quote and may vary based on the current production schedule and workload.

4.2 Confirmation Upon Deposit: Once the 20% deposit has been received, an updated scheduled delivery date will be provided, taking into account the confirmed production slot and any current production factors.

4.3 External Production Dependencies: Certain production stages, such as laser cutting and powder coating, rely on third-party services. Delays from these third-party providers may impact the delivery timeline. Ocean Roads strives to maintain the estimated schedule but cannot guarantee processing times of external suppliers, and any resulting delays may affect the final delivery date.

4.4 Production Adjustments: Customers should be aware that lead times may shift due to factors beyond Ocean Roads’ direct control. Ocean Roads will communicate any significant changes to the delivery schedule should external or production-related delays arise.

5. Delivery Options

5.1 Delivery terms will be specified in each individual quote and may include:

• Freight to the nearest authorized dealership (for collection or fitment).
• Customer pickup from Ocean Roads’ main production facility.
• Vehicle delivery to Ocean Roads’ facility for fitting.
  5.2 If no specific delivery option is quoted, customer pickup from Ocean Roads’ main production facility in Merbein, Victoria, 3505, is the default option.

6. Warranty

6.1 Ocean Roads provides a product-specific warranty, which will be detailed in a separate document accompanying the product.

6.2 The warranty is void if any unauthorized modifications are made, if the product is used to advertise competing services or products, or if its use harms Ocean Roads’ reputation.

7. Transfer of Liability and Risk

7.1 Risk and liability for the product transfer to the customer upon pickup, regardless of whether the tray or canopy is fitted onto the customer’s vehicle.

7.2 When a customer’s vehicle is under Ocean Roads’ or an authorized dealer’s care, Ocean Roads will cover damages caused on-site. The customer must provide vehicle insurance for any off-site travel or operational use by Ocean Roads’ personnel or authorized dealers.

8. Factory-Fitted Sensors and Components

8.1 All factory-fitted sensors, cameras, and necessary wiring removed from the factory ute tub will be relocated to the tray in a position that as closely as practically possible replicates their original fitment.

8.2 Ocean Roads will take reasonable care to ensure the correct function of relocated components but bears no responsibility for their full or correct functionality.

8.3 It is the customer’s responsibility to arrange recalibration or disablement of relocated sensors, cameras, or wiring at their own expense by a qualified technician after fitment.

9. Order Cancellation

9.1 Customer-Initiated Cancellations: Customer cancellations may result in the forfeiture of the deposit. Refunds may be negotiated if both parties agree.

9.2 Ocean Roads’ Right to Terminate: Ocean Roads reserves the right to terminate the agreement if there are significant delays in payment. Ocean Roads will attempt to reach an agreement with the customer before terminating the contract.

9.3 Refunds: A full or partial refund may be negotiated, provided that Ocean Roads’ incurred costs are covered and the build is resold.

10. Governing Law

10.1 This agreement is governed by the laws of Australia.