Terms and Conditions
- Currency: These Terms and Conditions apply to the supply of all Goods and Services by us to you from the date that you accept these Terms and Conditions.
- Acceptance: You accept these Terms and Conditions when:
- you submit an Order;
- you accept delivery of, or any part of, Goods pursuant to an Order; or
- you make Payment, or partial Payment, for any Goods and Services supplied by us.
Quotes & Orders
- Requesting a Quote: You may request a Quote from us relating to the potential supply of Goods and Services.
- Providing a Quote: We may provide to you a Quote relating to the potential supply of Goods and Services, which may include the price and quantity of the Goods and Services proposed to be supplied by us and other relevant details as necessary.
- Placing an Order: If our Quote is acceptable to you, you may place an Order for each supply of Goods and Services, subject to clause 2.4.
- Price: Unless otherwise agreed to in writing by us or by our authorised representative, subject to this clause 3, the price charged and payable for the Goods and Services shall be the price in Australian dollars at the date we accept the Order (less any applicable discount in effect at that time), together with any applicable taxes, charges and delivery costs in relation to the Goods and Services.
- Variation of price: Prices contained in any Quote or Order for the supply of Goods or Services is based on the cost prevailing and the specification supplied at the time of the Quote or Order. We reserve the right to vary the price if:
- there is any movement in the cost of supplying the Goods or Services specified in your Order; or
- if the Goods or Services specified in your Order are varied from the Goods or Services specified in our Quote.
- Changes to price: All prices quoted are subject to alteration and we will provide you reasonable notice of any such price alteration. In the event of a pricing error or change in pricing on our website we will contact you and give you an opportunity to cancel the relevant Order within a reasonable time.
Payment - Orders not placed on website
- Invoice on delivery: Unless otherwise agreed in writing, we will issue you an Invoice upon delivery of the Goods or Services specified in your Order accepted by us.
- Payment: (30 Days EOM) All Payments shall be made in full within 30 days from the end of month that the goods were Invoiced.
- Payment method: All Payments are to be made to us in cash, by direct credit to the bank account nominated by us, by credit or by cheque or as otherwise agreed by us in writing.
- Payment in installments: We may at our discretion as agreed in writing accept Payments in installments upon such terms as we see fit.
- Revocation of credit: We reserve the right to revoke at any time any credit extended to you because of your failure to make any Payment when due or for any other reason.
- Suspension of Order: If as a consequence of an instruction from you, we delay or suspend an Order or any part of an Order for a period of 60 days or more, we may:
- request the payment in full for all work in progress relating to the relevant Order at the time of suspension; and
- alter the price for the uncompleted portion of the relevant Order.
- Costs of enforcement: We may recover from you any costs we incur in the collection of Payment of any Invoice.
- No set off: You may not set off against any Payment, at law or in equity, any claims which you may have against us.
Payment - Orders placed on website
- Payment to be made at time of Order: Unless otherwise agreed in writing, you must pay for all Goods in full being purchased on our website (including GST and any delivery costs) at the time of placing an Order.
- Payment method: All Payments are to be made by Visa or Mastercard only. You agreed to submit to us information as may be reasonably requested by us in order for us to authorise or verify your identity and credit card details.
- Dispute over Payment: We may exercise all lawful remedies available to us if a dispute arises in respect of the credit card details you provide to us at the time of making an Order on our website. If your credit card payment fails or is not accepted, we reserve the right to delay or cancel delivery of any and all Orders.
- Costs of enforcement: We may recover from you any costs we incur in the collection of Payment including reasonable legal costs.
- Set off: We may set off, at law or in equity, any refund due to you, against any and all sums owed by you to us.
We may at our discretion in the event of your failure to make a Payment in accordance with clause 4 (Payment) charge default interest at the rate of 4% per annum plus the interest rate set by the Reserve Bank of Australia payable on demand.
- Cancellation by you: You may not cancel an Order, or any part of it, without our written consent which may be withheld in our absolute discretion. We will endeavour to accommodate your request to cancel an Order if the Goods, the subject of the Order, have not been shipped at the time of the cancellation request.
- Payment of costs incurred: Without prejudice to our right to refuse consent for you to cancel of an Order under clause 7.1, as a condition of giving such consent we may require that you pay all costs reasonably incurred by us for in relation to the cancelled Order or the cancelled part of the Order plus a re-stocking fee as advised at the time of cancellation.
- Cancellation by us: We may in writing cancel an Order or delivery of an Order without liability to you (save as required by relevant laws) if:
- we reasonably form the opinion that you are insolvent or at material risk of insolvency;
- you fail to pay any amount for the Goods or Services on the due date; or
- we reasonably form the opinion that supplying Goods to you may have a negative impact upon our business or commercial reputation or image.
Delivery & risk
- Delivery: We, by our nominated carrier or otherwise, will deliver the Goods to the place nominated by you or as otherwise agreed.
- Time of delivery: Delivery shall take place upon delivery of the Goods to you, your agent or nominee or to a carrier commissioned on your behalf as applicable at the place specified by you (whichever is earlier) or as otherwise agreed.
- Cost of delivery: We will charge you the cost of delivering the Goods to you.
- Installments: We reserve the right to make deliveries in installments and these Terms and Conditions shall be severable as to such installments.
- No liability for delay: We will use reasonable endeavours to deliver the Goods to you by the date and to the place specified by you. Without limiting clause 10 (Exclusions and Limitations), we shall not be liable for late delivery or delay in delivery.
- Risk passes on delivery: The risk in the Goods shall pass to you upon placement of the Goods onto the nominated form of transport for delivery to you.
- Insurance over Goods: If requested by us, you shall from the delivery date until we have received Payment for all Goods in full, insure the Goods for their full replacement value, and provide to us upon our request evidence of such insurance.
Defects & return of goods
- This clause 9 is subject to clause 10 (Exclusions and Limitations), clause 11 (Statutory Rights) and any other statutory or legal right whether under these Terms and Conditions or otherwise.
- Returns: You may only return the Goods if:
- they do not materially comply with the Order;
- if permitted by law, including the ACL; or
- unless otherwise agreed in writing.
- Notification: If you wish to return any Goods delivered to you, you must give to us:
- notice within a reasonable time of your receipt of the Goods; and
- the original Invoice details.
- Replacement or credit: If we accept the return of Goods from you the Goods must be returned in their original packaging and we will at our option either:
- replace the returned Goods; or
- give a credit or a refund for such Goods.
- Costs to return Goods: Costs relating to the return of Goods under this clause 9 are payable:
- if the defect is solely due to us, by us and must be transported by our nominated carrier; or
- otherwise, by you.
- Payment for other Goods: You may not withhold any payment due to us in respect of any other Goods pending the resolution of a claim for a defect.
- Non-payment of account: we will not accept notifications under this clause 9 in the event of your non-payment of an account.
- Goods damaged in transit: If the Goods are damaged in the course of being delivered to you:
- you must notify us of any claim for Goods damaged in transit within a reasonable time of delivery; and
- subject to our acceptance of your claim under this clause 9, we will replace the relevant Goods. You must mark on the relevant consignment note when the Goods are returned that the goods were “Received Damaged”.
Exclusions & limitations
- ACL exception: The exclusions and limitations in this clause 10 are subject to clause 11 (Statutory Rights).
- General exclusion of liability: Any liability arising in relation to Goods and Services the subject of your Order or that we supply to you, however arising and whether for consequential loss or otherwise, and including any liability arising by virtue of any representation or warranty, whether express or implied by law, is hereby excluded to the fullest extent permitted by law.
- Limitations: No warranty is given and we will not be liable for:
- alterations to Goods for which we are not responsible;
- damage or failure caused by unusual, non-recommended, negligent or improper use or application of the Goods; or
- loss caused by any factors beyond our control.
- Indirect loss: We will not be liable for any special, indirect, consequential or economic loss or damage or loss of profits (in contract or tort or arising from any other cause of action) suffered by you or any other person resulting from any act or omission by us (including breach, termination or non-observance of the terms of an Order or agreement which incorporates these Terms and Conditions).
- Total liability: Our total liability for breach of these Terms and Conditions or breach of our contractual obligations or duties at law or in equity (however arising) is limited at our option to:
In the case of Goods
- the replacement of the Goods or the supply of equivalent goods;
- the repair or rectification of the Goods;
- the payment of the cost of replacing the Goods or of acquiring equivalent goods; or
- the payment of the cost of the repair or rectification of the Goods.
- the supply of the Services again.
In the case of Services
- No reliance: You acknowledge and agree that, subject to your rights at law:
- you have and will make your own assessment of the fitness for purpose and suitability of any Goods supplied to you;
- you do not and will not rely on our skill or judgment nor that of any person by whom any prior negotiations or arrangements in relation to the acquisition of any Goods were conducted or have been or will be made; and
- you have not made known to us or a manufacturer of goods (directly or via any person and whether expressly or impliedly) the particular purpose for which you acquire the Goods.
- Third party work: If we obtain goods from a third party in order to carry out your instructions or complete an Order:
- we will not be liable for any breach of these Terms and Conditions if that breach is as a result or is connected with the supply by a third party of such goods;
- we acquire such goods as agent for you not as principal and will have no liability to you in relation to the supply of these goods;
- any claim by you in relation to the supply of such goods or services must be made directly against that third party; and
- you must pay for such goods, and we will give you notice of any such third party charges as applicable.