In these Terms:
“Terms” means these Terms of Trade.
2.1 These Terms apply to all Goods and Services supplied by the Company.
2.2 By placing an order or accepting delivery, the Customer agrees to be bound by these Terms.
2.3 No variation is binding unless agreed in writing by the Company.
3.1 Credit may be granted at the Company’s discretion upon receipt of a completed application.
3.2 The Customer warrants all information provided is true and correct.
3.3 The Company may vary, suspend, or withdraw credit at any time on reasonable written notice, unless the Customer is in material breach of these Terms or the Customer’s creditworthiness materially deteriorates
4.1 Payment is due 30 days from the date of invoice, unless otherwise agreed in writing.
4.2 Payments must be made in cleared funds by electronic transfer or another approved method.
4.3 The Customer must not withhold, set off, or deduct any amount from monies owing.
5.1 Overdue amounts accrue interest at the ATO GIC rate until paid in full.
5.2 The Customer must pay all reasonable and necessary recovery costs, including legal fees on an indemnity basis, collection charges, and administrative fees
5.3 The Company may allocate payments to outstanding invoices as it determines.
6.1 Prices may change without notice until an order is accepted.
6.2 Prices are exclusive of GST unless stated otherwise.
6.3 Quotations remain valid for 30 days unless withdrawn.
6.4 The Company may adjust prices if there are changes in tax, duties, freight, exchange rates, or raw material costs.
7.1 Delivery times are estimates only and the Company is not liable for delays outside its control.
7.2 Risk in the Goods passes to the Customer upon delivery, collection, or handover to a carrier.
7.3 The Customer must provide safe access for delivery.
7.4 Failed or delayed delivery due to the Customer may incur reasonable additional charges for transport and storage, which will be notified to the Customer.
7.5 The Customer must inspect Goods within 7 days and notify the Company of any issues.
8.1 Returns require the Company’s prior written approval.
8.2 Goods must be unopened, undamaged, and returned within 30 days.
8.3 Approved returns are subject to a restocking fee up to 20% of the Price, representing the Company’s reasonable costs of handling and administration
8.4 Freight charges for returns are the Customer’s responsibility unless the Goods are defective.
9.1 Goods may come with non-excludable guarantees under the ACL.
9.2 To the extent permitted by law, liability for defective Goods is limited to replacement, repair, or refund.
9.3 The Company is not liable for:
a) loss of profit or revenue;
b) indirect or consequential loss, except to the extent such loss arises from a breach of a non-excludable consumer guarantee under the ACL;
c) damage caused by improper storage, misuse, or failure to follow instructions.
10.1 Title to Goods does not pass until all amounts owing are paid in full.
10.2 Until payment, the Customer:
a) holds the Goods as bailee;
b) must store them separately and keep them identifiable;
c) must not sell or dispose of the Goods without consent, unless the disposal is in the ordinary course of the Customer’s business, in which case the proceeds of sale must be held on trust for the Company.
10.3 The Company may enter the Customer’s premises to recover unpaid Goods.
11.1 The Customer grants the Company a purchase money security interest (PMSI) over the Goods and their proceeds.
11.2 The Customer consents to PPSR registration and waives rights to receive verification statements.
11.3 The Customer must not create any security interests over the Goods until title passes to the Customer.
The Company is not liable for delays caused by events beyond its control including natural disasters, transport issues, breakdowns, pandemics, or industrial action.
13.1 The Company handles personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).
13.2 The Customer consents to the collection and use of information for account management, credit checks, and delivery.
13.3 Customers may request access to their personal information.
14.1 The Company may suspend or terminate supply if the Customer:
a) fails to pay on time;
b) becomes insolvent;
c) breaches these Terms.
14.2 Termination does not affect the Company’s rights to recover outstanding monies.
15.1 Notices may be sent by email, post, or delivered in person.
15.2 Email is deemed received when sent unless a failure message is received.
The Customer agrees that:
a) electronic signatures (DocuSign, Adobe Sign, typed signatures) are valid;
b) scanned copies of signed documents are equivalent to originals;
c) handwritten signatures are also accepted.
These Terms are governed by the laws of New South Wales, Australia.
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