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Terms & Conditions

1. Definitions

1.1. “Supplier” shall mean the Supplier and its successors and assigns or any person acting on behalf of and with the authority of the Supplier.
1.2. “Customer” shall mean the Customer (or any person acting on behalf of and with the authority of the Customer) as described on any quotation, work authorisation or other form as provided by the Supplier to the Customer.
1.3. “Guarantor” means that person (or persons), or entity, who agrees to be liable for the debts of the Customer on a principal debtor basis.
1.4. “Goods and Services” shall mean Goods and Services supplied by the Supplier to the Customer (and where the context so permits shall include any supply of services as hereinafter defined) and are as described on the invoices, quotation, work authorisation or any other forms as provided by the Supplier to the Customer.
1.5. “Price” shall mean the price payable for the Goods and Services as agreed between the Supplier and the Customer in accordance with this contract.

2. Acceptance

2.1. Any instructions received by the Supplier from the Customer for the supply of Goods and Services and/or the Customer’s acceptance of Goods and Services supplied by the Supplier shall constitute acceptance of the terms and conditions contained herein.
2.2. Where more than one Customer has entered into this agreement, the Customers shall be jointly and severally liable for all payments of the Price.
2.3. Upon acceptance of these terms and conditions by the Customer the terms and conditions are binding and can only be amended with the written consent of the Supplier.
2.4. The Customer shall give the Supplier not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer or any change in the Customer’s name and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s address, facsimile number, or business practice). The Customer shall be liable for any loss incurred by the Supplier as a result of the Customer’s failure to comply with this clause.

3. Price And Payment

3.1. At the Supplier’s sole discretion the Price shall be (a) as indicated on invoices provided by the Supplier to the Customer in respect of Goods and Services supplied; or (b) the Supplier’s quoted Price which shall be binding upon theSupplier provided that the Customer shall accept the Supplier’s quotation in writing within seven (7) days.
3.2. The Supplier reserves the right to change the Price in the event of a variation to the Supplier’s quotation.
3.3. At the Supplier’s sole discretion a deposit may be required.
3.4. At the Supplier’s sole discretion: (a) payment shall be due on delivery of the Goods and Services; or (b) payment shall be due before delivery of the Goods and Services; or (c) payment for approved Customers shall be made by instalments in accordance with the Supplier’s payment schedule; or (d) payment for approved Customers shall be due seven (7) days following the end of the month in which a statement is posted to the Customer’s address or address for notices.
3.5. Time for payment for the Goods and Services shall be of the essence and will be stated on the invoice or any other forms. If no time is stated then payment shall be due seven(7) days following the date of the invoice.
3.6. Payment will be made cheque, or by bank cheque, or by direct credit, or by any other method as agreed to between the Customer and the Supplier.
3.7. GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.

4. Delivery Of Goods and Services

4.1. At the Supplier’s sole discretion delivery of the Goods and Services shall take place when the Customer takes possession of the Goods and Services at the Customer’s nominated address (in the event that the Goods and Services are delivered by the Supplier or the Supplier’s nominated carrier).
4.2. The Customer shall make all arrangements necessary to take delivery of the Goods and Services whenever they are tendered for delivery. In the event that the Customer is unable to take delivery of the Goods and Services as arranged then the Supplier shall be entitled to charge a reasonable fee for extended time or redelivery.
4.3. Delivery of the Goods and Services to a third party nominated by the Customer is deemed to be delivery to the Customer for the purposes of this agreement.
4.4. The failure of the Supplier to deliver shall not entitle either party to treat this contract as repudiated.
4.5. The Supplier shall not be liable for any loss or damage whatever due to failure by the Supplier to deliver the4. Delivery Of Goods and Services (or any of them) promptly or at all due to circumstances beyond the control of the Supplier.

5. Risk and Insurance

5.1. The Supplier will take all reasonable care in the delivery of Goods and Services to the Customer.
5.2. The Supplier however, does not take any responsibilities in whatsoever term, shape or form for any damages caused to the goods during delivery which are beyond the Supplier’s control.
5.3. The Customer warrants to take necessary and sufficient insurance to cover the replacement costs of the goods and that in the event that a dispute arises between the Customer and the Supplier over damages, the Customer is firs to seek compensation from its insurer.

6. Disputes

6.1. The Customer shall inspect the Goods and Services on the end of delivery and must resolve problems before the Supplier leaves house. The Customer shall afford the Supplier an opportunity to inspect the goods within a reasonable time following delivery if the Customer believes the goods are damaged in any way. If the Customer shall fail to comply with these provisions the Goods and Services shall be presumed to be free from any defect or damage.
6.2. The Customer must first seek compensation from its insurer prior to making a claim against the Supplier.
6.3. For damaged goods, which the Supplier has agreed to accept responsibility, the Supplier’s liability is limited to either (at the Supplier’s discretion) replacing the Goods and Services or repairing the Goods and Services.
6.4. Where a dispute has arisen in relation to damage to goods and the Supplier has rejected responsibilities, it is expressly agreed that parties should first attempt private mediation before further action. If a third party mediator is required, parties agree to share the costs of mediator equally.

7. Refund

7.1. Refund will only be accepted provided that: (a) the Supplier has defaulted on a material term of this contract; and (b) the Supplier has agreed in writing to accept the breach of the said term.

8. Default & Consequences of Default

8.1. Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of monthly at such a rate of 9% after as well as before any judgment.
8.2. If the Customer defaults in payment of any invoice when due, the Customer shall indemnify the Supplier from and against all costs and disbursements incurred by the Supplier in pursuing the debt including legal costs on a solicitor and own client basis and the Supplier’s collection agency costs.
8.3. Without prejudice to any other remedies the Supplier may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Supplier may suspend or terminate the supply of Goods and Services to the Customer and any of its other obligations under the terms and conditions. The Supplier will not be liable to the Customer for any loss or damage the Customer suffers because the Supplier has exercised its rights under this clause.
8.4. If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00) shall be levied for administration fees which sum shall become immediately due and payable.
8.5. Without prejudice to the Supplier’s other remedies at law the Supplier shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Supplier shall, whether or not due for payment, become immediately payable in the event that: (a) any money payable to the Supplier becomes overdue, or in the Supplier’s opinion the Customer will be unable to meet its payments as they fall due; or (b) the Customer becomes insolvent, convenes a meeting with its creidtors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.

9. Security And Charge

9.1. Despite anything to the contrary contained herein or any other rights which the Supplier may have howsoever: (a) where the Customer and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Customer and/or the Guarantor agree to mortgage and/or charge all of their joint and/orseveral interest in said land, realty or to the Supplier or the Supplier’s nominee to secure all amounts and other monetary obligations payable under these terms and conditions. The Customer and/or the Guarantor acknowledge and agree that the Supplier (or the Supplier’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be withdrawn once all payments and other monetary obligations payable hereunder have been met. (b) should the Supplier elect to proceed in any manner in accordance with this clause and/or its sub-clause and/or its sub-clauses, the Customer and/or Guarantor shall indemnify the Supplier from and against all the Supplier’s costs and disbursements including legal costs on a solicitor and own client basis. (c) the Customer and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint the Supplier or the Supplier’s nominee as the Customer’s and/or Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause 12.1.

10. Cancellation

10.1. The Supplier may cancel any contract to which these terms and conditions apply or cancel delivery of Goods and Services at any time before the Goods and Services are delivered by giving written notice to the Customer. On giving such notice the Supplier shall repay to the Customer any sums paid in respect of the Price. The Supplier shall not be liable for any loss or damage whatever arising from such cancellation.
10.2. In the event that the Customer cancels delivery of Goods and Services the Customer shall be liable for any loss incurred by the Supplier (including, but not limited to, any loss of profits) up to the time of cancellation and the Customer acknowledges that these losses are not penalties but rather a fair estimate of the liquidated damages caused by the cancellation.

11. Privacy Act 1988

11.1. The Customer and/or the Guarantor/s agree for the Supplier to obtain from a credit reporting agency a credit report containing personal credit information about the Customer and Guarantor/s in relation to credit provided by the Supplier.
11.2. The Customer and/or the Guarantor/s agree that the Supplier may exchange information about the Customer and the Guarantor/s with those credit providers either named as trade referees by the Customer or named in a consumer credit report issued by a credit reporting agency for the following purposes: (a) to assess an application by Customer; and/or (b) to notify other credit providers of a default by the Customer; and/or (c) to exchange information with other credit providers as to the status of this credit account, where the Customer is in default with other credit providers; and/or (d) to assess the credit worthiness of Customer and/or Guarantor/s.
11.3. The Customer consents to the Supplier being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
11.4. The Customer agrees that personal credit information provided may be used and retained by the Supplier for the following purposes and for other purposes as shall be agreed between the Customer and Supplier or required by law from time to time:
(a) provision of Goods and Services; and/or (b) marketing of Goods and Services by the Supplier, its agents or distributors in relation to the Goods and Services; and/or (c) analysing, verifying and/or checking the Customer’s credit, payment and/or status in relation to provision of Goods and Services; and/or (d) processing of any payment instructions, direct debit facilities and /or credit facilities requested by Customer; and/or (e) enabling the Customer’s account and/or the collection of amounts outstanding in the Customer’s account in relation to the Goods and Services.
11.5. The Supplier may give information about the Customer to a credit reporting agency for the following purposes: (a) to obtain a consumer credit report about the Customer; and/or (b) allow the credit reporting agency to create or maintain a credit information file containing information about the Customer.

12. General

12.1. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
12.2. These terms and conditions and any contract to which they apply shall be governed by the law of New South Wales and are subject to the jurisdiction of the courts of New South Wales.
12.3. The Supplier shall be under no liability whatever to the Customer for any indirect loss and /or expense (including loss of profit) suffered by the Customer arising out of a breach by the Supplier of these terms and conditions.
12.4. In the event of any breach of this contract by the Supplier the remedies of the Customer shall be limited to damages which under no circumstances shall exceed the Price of the Goods and Services.
12.5. The Customer shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Customer by the Supplier.
12.6. The Supplier may license or sub-contract all or any part of its rights and obligations without the Customer’s consent.