Terms & Conditions

Please read these terms carefully. They are in two parts. Part A governs your use of our website. Part B sets out our terms and conditions of sale, which apply when you purchase a caravan from us. By using our website you accept Part A, and by placing an order for a caravan you accept Part B.

1. About these terms

2. Using the website

3. Enquiries and caravan sales

4. Product information, pricing and availability

5. Online store and purchases of accessories

6. Intellectual property

7. Third-party links and content

8. Availability and disclaimers

9. Limitation of liability (website)

10. Privacy

11. Changes to the website

1. Agreement
   1. These terms set out the basis on which Cadillac RV (Dustin Brown Pty Ltd ACN 670 667 268 as trustee for The Brown Family Trust) (we, us, our) sells and supplies caravans and related goods and services to you, the purchaser (you). They apply to every quote, order and sale unless we agree otherwise in writing.
   2. You accept these terms when you pay a deposit, sign an order or quote, or otherwise instruct us to commence work. Please read them carefully and contact us if anything is unclear.
   3. In these terms, Australian Consumer Law or ACL means Schedule 2 to the Competition and Consumer Act 2010 (Cth); and Caravan means the caravan and any related goods described in your order.  Our caravans are designed and built in Australia.  Some components, appliances and the chassis are made by independent third-party suppliers and carry their own manufacturers’ warranties (see clause 11).
2. Quotes and orders
   1. Draft invoices and quotes are valid for 7 days from the date of issue and must be accepted within that period. After 7 days, pricing, inclusions and availability may change.
   2. You may customise your caravan, and we will issue you an invoice setting out the agreed specifications, inclusions and price. Please check the invoice carefully and confirm it matches your requirements before paying the deposit, as paying the deposit places your order and these terms shall then apply.
   3. We will place your order into our production queue once your deposit has been paid in cleared funds and all order requirements are finalised.
   4. You must provide all information we reasonably require before we process your order, including colours, specifications and any variations or additions. We are not responsible for delays caused by incomplete or late information.
   5. Every effort is made to ensure the accuracy of the information in the order description. However, the order description is a guide only and we do not guarantee that it is complete or free from error. This clause does not limit your rights under the ACL (see clause 12).
3. Pricing, specifications and substitutions
   1. All listed inclusions, specifications and brands may be subject to change during the build process. Substitutions may occur due to supply constraints or as part of ongoing product improvement. Where this happens, we will supply a product of equivalent quality and function and tell you if the change is material.
   2. We may amend our pricing, product offerings and brand selections at any time. Revised pricing or inclusions will not apply to orders already in the production queue, except where a change is required by a third party (such as a component manufacturer or supplier) or by a change in government fees, taxes or charges, and is outside our control.
4. Payment terms
   1. A deposit is required by the invoice due date to initiate the build process. The deposit is $5,000 for a standard (non-custom) order, or 10% of the total invoice amount for a custom order. We are not obliged to commence or queue the build until the deposit is received in cleared funds.
   2. No progress payments are required following the initial deposit and during the build. The amount payable is the balance of the invoice, which is due on completion as set out below.
   3. The remaining balance is due and payable on the earlier of:
      1. within 72 hours of our build completion notification; and
      2. before transport or collection is arranged, whichever occurs first.

4. 4. We are not obliged to release, deliver, transport or register the Caravan until we have received payment in full of the invoice amount and any other amounts owing in cleared funds.
   5. Title to, and ownership of the Caravan passes to you once you have paid all amounts owing in full in cleared funds. Until such time, we retain title, you hold the Caravan as bailee, and you must not sell, encumber or part possession. We retain a security interest in the Caravan for the purposes of the Personal Property Securities Act 2009 (Cth) until you have paid in full and you consent to us registering that interest on the Personal Property Securities Register.
   6. All payments, including bank cheques, are not considered paid until funds have cleared in full into our nominated bank account. We accept payment by electronic funds transfer (EFT). We do not accept payment by credit card, and do not accept cheques unless we agree in writing beforehand.
   7. Where we register the Caravan for you, we will not lodge or complete registration until we have received the full invoice amount in cleared funds.
   8. We pay for caravans in advance and have limited storage. Paying the balance within 72 hours of completion, and collecting on time, allows us to keep your build moving and serve other customers.  If payment is late, clauses 5 and 8 may apply.
5. Deposits, cancellations and refunds
   
   4. Under ACL and provided we are not in breach of these terms, we are not obliged to refund a deposit if you change your mind and cancel your order for any reason.
   5. We may, at our discretion, consider a refund request on a case-by-case basis if construction has not commenced. Construction is deemed to have commenced once any pre-build activity has occurred, including ordering the chassis or materials.

5. 3. Where we agree to a refund of a deposit, we may deduct reasonable costs that have already been incurred or committed in connection with your order.
   4. If the balance of the invoice is not paid within 3 days of our completion notification, we may, after giving you written notice and a reasonable opportunity to pay, treat the order as cancelled, resell the Caravan and apply your deposit and any payments towards our reasonable costs and losses. You remain liable for any shortfall, and we will account to you for any surplus.
   5. Nothing in this clause limits or excludes your rights under the ACL, including your rights where there is a major failure or where faults or defects cannot be addressed, (see clause 12). 
6. Changes and modifications
   
   3. Once a draft invoice, quote or order is finalised, any changes must be requested within the following 7 days. We are not obliged to accept change requests after that period, as materials and production may already be committed toward your order.
   4. Any agreed change or upgrade to the order may affect the price and the estimated completion date.  We will notify you of any such impact as soon as practicable and bear no liability for any build completion delays.
7. Estimated build completion
   
   3. Orders are submitted to the production queue once the deposit is paid in cleared funds and order requirements are finalised. All construction timeframes are estimates only and are intended as a general guide.
   4. Actual completion dates may vary due to factors beyond our control.  We will provide an estimated completion date at the time of sale; however, that date may change. We will keep you reasonably informed of material changes and the supply of the completed Caravan within a reasonable timeframe notwithstanding factors that are beyond our control.
8. Pickup, collection and storage
   
   3. Where you are collecting from our warehouse, the Caravan must be collected within 10 days of our completion notification.
   4. Storage fees may apply for any period beyond the 10-day collection window, unless we have agreed otherwise in writing. We will notify you of the applicable storage rate prior to charging.
   5. If any amount remains unpaid after it is due, we may charge interest on the overdue amount at the current industry rate, which we will notify to you, calculated daily until the amount is paid in full.
9. Risk and insurance
   
   3. You must obtain and maintain suitable insurance cover for the Caravan before it is collected from our warehouse or collected by a transport company, and you must keep that cover in place from that time.
   4. You accept all risk for loss, theft of, or damage to the Caravan from the time it is released to you, your agent, or your nominated transport provider.
10. Weight, payload and towing compatibility

Important: It is your sole responsibility to ensure that your tow vehicle is legally rated, equipped and compliant to tow the Caravan’s Aggregate Trailer Mass (ATM) and to safely manage the required tow ball weight.

1. 1. All tare weights, payload figures, ball weight estimates and ATM ratings provided before completion are indicative only and supplied for guidance only. An actual tare weight will not be available until the Caravan has been completed, weighed and certified. Due to manufacturing tolerances, optional extras and customer-selected upgrades, final weights may vary from any estimates provided during the sales process. We do not warrant or guarantee compatibility with any specific tow vehicle, towing setup or hitch arrangement.
   2. You are responsible for ensuring the Caravan is loaded safely and remains within all legal weight limits, including ATM, GCM, axle loads, ball weight, water tanks, personal belongings, accessories and aftermarket modifications.
   3. To the extent permitted by law, returns, cancellations, compensation claims, order variations or refunds resulting from tow vehicle incompatibility, towing capacity limitations, weight restrictions, final certified Caravan weights, or dissatisfaction regarding the Caravan’s size or suitability will not be accepted. This clause does not limit your rights under the ACL, (see clause 12).
2. Warranty
   1. We provide a 2-year warranty on new caravans from the date of collection by you or your agent. The full terms of the warranty are set out in the Cadillac RV Warranty and Service Handbook, which is provided with the Caravan. This warranty is in addition to, and does not limit, your rights under the ACL, (see clause 12).
   2. Appliances and other third-party components fitted to the Caravan, (such as refrigerators, air-conditioners, hot water systems, cooktops and electronics) and the chassis, carry their own manufacturer’s warranties. Any claim in respect of those items is made under, and subject to, the relevant manufacturer’s warranty. We will provide reasonable assistance to help you make such a claim.
   3. To preserve warranty cover, all warranty work must be approved by us in advance. Warranty work carried out or authorised without our prior written approval may void the applicable warranty for the affected components and will be at your expense. This clause does not limit your rights under the ACL, (see clause 12).
   4. The chassis and suspension must be inspected, serviced and maintained at regular intervals. Service intervals are generally 12 months or 10,000 km, whichever occurs first. For off-road use or use in extreme conditions, service intervals are reduced to 6 months or 5,000 km, whichever occurs first. Refer to the Warranty and Service Handbook for specific details.
   5. This voluntary warranty is provided to the original purchaser only and is not transferable. If you sell or transfer the Caravan, this warranty does not pass to the new owner. This does not affect any rights a later owner may have under the AC, (see clause 12).
   6. Each warranty claim is assessed to determine whether it is a genuine warranty claim or results from fair wear and tear or general use. The warranty does not cover fair wear and tear, cosmetic damage, or damage arising from use, misuse, accident, overloading, or failure to service, maintain or modify the Caravan.  This is particularly relevant where the Caravan is used for full-time or extended living.
   7. This voluntary warranty is provided on the basis that the Caravan is used for recreational and personal use. Commercial, rental or hire use may affect cover under this voluntary warranty. This does not limit your rights under the ACL, (see clause 12).
   8. Where a defect relates to the build or manufacture of the Caravan, we will assess and, where applicable, rectify your claim. This Warranty does not cover travel/transport or out of pocket expenses when returning the van for servicing requirements or repairs.  This does not limit your rights under the ACL, (see clause 12).
3. Your rights under the Australian Consumer Law
   1. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You may be entitled to a replacement or refund for a major failure and compensation for other reasonably foreseeable losses or damage. You may also be entitled to have goods repaired or replaced if the goods fail and whereby the failure amounts to a major failure.
   2. Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the ACL that cannot lawfully be excluded, restricted or modified. These terms are to be read subject to those guarantees.
   3. Where the ACL applies, your rights under it prevail over any inconsistent provision in these terms.
4. Limitation of liability and indemnity
   1. Nothing in this clause excludes, restricts or modifies any guarantee, right or remedy you have under the ACL that cannot lawfully be excluded.
   2. Subject to clause 13(a), and to the extent permitted by law, our liability for a breach of a consumer guarantee in respect of goods or services not of a kind ordinarily acquired for personal, domestic or household use is limited, at our option, to: replacing or repairing the goods (or supplying equivalent goods); or paying the cost of doing so; and in the case of services, resupplying the services or paying the cost of resupply.
   3. To the extent permitted by law, we are not liable for any indirect, special or consequential loss, or for loss of profit, revenue or opportunity, however arising. Our total aggregate liability arising out of or in connection with an order is limited to the total amount paid by you for that order.
   4. To the extent permitted by law, you indemnify us against any loss, damage, liability, cost or expense we suffer or incur arising from your breach of these terms, your misuse, overloading or unsafe towing of the Caravan, or your failure to maintain insurance under clause 9, except to the extent caused by our negligence or breach.
5. Intellectual property
   1. All intellectual property in our and our suppliers’ designs, plans, drawings, specifications, brochures, images and other materials remains our property or that of the relevant supplier. Nothing in these terms transfers any intellectual property to you.
   2. You must not copy, reproduce or use that material other than as reasonably necessary for your own use of the Caravan.
6. Privacy
   1. We handle your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. We collect personal information to process and fulfil your order, to refer your enquiry to the nearest dealer where relevant, to arrange delivery, transport and warranty matters, and to meet our legal obligations.
7. Confidentiality of correspondence
   1. All correspondence and communications between you and us, including quotes, invoices, emails, messages and other documents we provide, are confidential and are provided to you for the purpose of your dealings with us.
   2. You must not publish, post, broadcast or otherwise share that correspondence, in whole or in part, including on any social media or other public platform, without our prior written consent.
   3. This clause does not prevent you from disclosing information where required by law, obtaining legal, accounting or other professional advice, or exercising any right you have under the ACL, including making a complaint to us or to a regulator or leaving an honest review of your own experience.
8. Dispute resolution
   1. If a dispute arises between you and us in connection with these terms or the supply of the Caravan, the parties agree to first attempt to resolve the dispute promptly and in good faith through discussion and negotiation.
   2. If the dispute is not resolved within a reasonable time, it will be dealt with and determined in the State of Victoria, and each party submits to the jurisdiction of the courts of Victoria for that purpose.
   3. Nothing in this clause prevents either party from seeking urgent interlocutory or injunctive relief or limits your rights under the ACL, (see clause 12).
9. Governing law
   1. These terms are governed by the laws of Victoria. You and we submit to the non-exclusive jurisdiction of the courts of Victoria and the courts competent to hear appeals from them.
10. General
    1. These terms, together with your order and quote, form the entire agreement between us in relation to the sale of the Caravan and supersede any prior representations or understandings, subject to your non-excludable rights under the ACL, (see clause 12).
    2. If any provision of these terms is found to be invalid or unenforceable, it is to be read down or severed to the minimum extent necessary, and the remaining provisions continue in force.
    3. No variation of these terms is effective unless agreed in writing. Our failure to enforce a provision is not a waiver of these terms.