Terms & Conditions
For our latest Terms and Conditions, please download the PDF.
Payment terms
1. The terms of payment are:
1.1 50% on acceptance of the quote; and
1.2 50% payable one day prior to installation.
2. Should the Client (as defined) not pay within the time then the provisions of this Agreement will not come into effect.
Prices
3. Unless otherwise stated all prices quoted by the Supplier are net, exclusive of Goods and Services Tax (GST).
4. Prices quoted are those at the date of issue of quotation and are based on the date the quote is made.
5. If the Supplier makes any alterations to the price of the goods either before acceptance of, or during, the currency of the contract, these alterations are to the Client’s account.
Installation
6. The installation times made known to the Client are estimates only and the Supplier is not liable in any way for late installation.
Loss or damage in transit
7. The Supplier is not responsible to the Client or any person claiming through the Client for any loss or damage (whether direct or indirect) to goods in transit caused by any event of any kind by any person or otherwise.
Cancellation
8. No order may be cancelled by the Client except with consent in writing of the Supplier.
Jurisdiction
9. The Client agrees that this Agreement will be governed by the laws of Victoria and the laws of the Commonwealth of Australia which are in force in Victoria.
10. The parties to this Agreement submit to the non-exclusive jurisdiction of the courts of Victoria and the relevant state and federal courts and courts competent to hear appeals from those courts.
Supplier’s quotations
11. Unless previously withdrawn the Supplier’s quotations are open for acceptance within the period stated in them.
12. The Supplier will use reasonable endeavours to fill orders accepted by it but will in no event be liable or responsible to the Client or any third party for any failure or inability to supply goods ordered by the Client.
13. The Supplier reserves the right to withdraw any good or any ranges of goods from sale notwithstanding that such goods may be displayed in lists of goods available for purchase.
Substitution
14. While description of the goods and brochures accompanying any quotations are as accurate as possible, the Supplier reserves the right to supply the goods with such modifications and specifications at the Supplier’s discretion.
Formation of contract
15. Quotations made by the Supplier will not be construed as an offer or obligation to supply in accordance with the quotation. The Supplier reserves the right to accept or reject, at its discretion, any offer to supply the goods.
16. Only written acceptance by the Supplier of the Client’s offer will form a contract.
17. Placement of an order, either verbally or in writing, will imply
acceptance of the Supplier’s offer and of these Terms and Conditions.
18. For the sake of clarity the Supplier rejects any proposed terms and conditions proposed by the Client (however described) unless such
terms and conditions are accepted in writing by the Supplier.
Warranty
19. The Supplier’s liability for goods manufactured by it is limited to making good any defects by repairing the defects or at the Supplier’s option by replacement, within a period not exceeding six (6) calendar months
after installation so long as:
(a) defects have arisen solely from faulty materials or workmanship;
(b) the goods have not been subject to maltreatment, inattention,
interference or adverse site conditions;
(c) the goods have been correctly installed and operated in accordance with the Supplier’s recommendations; and
(d) the defective goods are promptly returned free of cost to the Supplier.
20. Except as provided in these Terms & Conditions, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the goods for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are expressly excluded. The Supplier is not liable for physical or financial injury, loss or damage
or for consequential loss or damage of any kind arising out of the supply, layout, assembly, installation or operation of the goods or arising out of the Supplier’s negligence or in any way whatsoever.
21. The Supplier makes no representation or warranty to the Client, other than those imposed by the law and incapable of exclusion, express or implied, as to the suitability of the goods, or any other
component part of the goods supplied, for any purpose whatsoever.
22. The Client expressly acknowledges that any representations made by the Supplier, either in writing or orally, were not relied upon by the Client in its decision to purchase and use the goods.
23. It is agreed that the Client will abide by the recommendations of the Supplier as to maintenance and use of the goods. It is acknowledged that failure to do so may result in the warranty being void.
24. The Supplier’s liability for a breach of a condition or warranty implied by the Competition and Consumer Act 2010 (Cth) is limited to:
(a) in the case of goods, any one or more of the following:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired.
25. Nothing in these Terms and Conditions will be read or applied so as to purport to exclude, restrict or modify or have the effect of excluding, restricting or modifying the application in relation to the supply of any goods and/or services pursuant to this agreement of all or any of the provisions the Competition and Consumer Act 2010 or any relevant State or Federal Legislation which by law cannot be excluded, restricted or modified.
Indemnity
26. The Client agrees to indemnify the Supplier and keep the Supplier
indemnified against any claim arising in connection with these Terms and Conditions. This indemnity includes, but is not limited to, any legal fees and expenses the Supplier incurs in order to enforce its rights, on a full indemnity basis.
Costs
27. The Client must pay all costs incurred by the Supplier relating to any default by the Client.
28. The Client must pay the Supplier’s costs and disbursements incurred in pursuing any recovery action, or any other claim or remedy, against the Client, including debt recovery fees and legal costs on a full indemnity basis.
Taxes and duty
29. The Client must pay GST on any taxable supply made by the Supplier to the Client under this Agreement.
30. If as a result of:
(a) any legislation becoming applicable to the subject matter of this Agreement; or
(b) any changes in legislation or its interpretation by a court of competent jurisdiction or by any authority charged with its administration; the Supplier becomes liable to pay any tax, duty, excise or levy in respect of the amounts received from the Client, then the Client must pay the Supplier these additional amounts on demand.
Set-off
31. All payments required to be made by the Client to the Supplier under these Terms and Conditions will be made free of any set-off, or counterclaim and without deduction or withholding.
32. Any amount due to the Supplier may be deducted from any monies which may be, or may become payable, to the Client by the Supplier.
Miscellaneous
33. The Supplier is not liable for any loss caused to the Client by reason of strikes, lockouts, fires, riots, war, embargoes, civil commotions, acts of God or any other activity beyond the Supplier’s control.
34. The Supplier is not liable, whether claims are made or not, for loss of profit, economic or financial loss, damages, consequential loss, loss of opportunity or benefit, loss of a right or any other indirect loss suffered by the Client.
Severance
35. If any provision of these Terms and Conditions is not enforceable in accordance with its terms, other provisions which are self-sustaining are, and continue to be, enforceable in accordance with their terms.
36. If any part of these Terms and Conditions is invalid or unenforceable, that part is deleted and the remainder of the Agreement remains effective.
Variation
37. The Client agrees that these Terms and Conditions may be varied, added to, or amended by an authorised officer of the Supplier at any time by written notice to the Client nor by posting same on its website.
38. Any proposed variation to these Terms and Conditions by the Client must be requested in writing. The Supplier may refuse any such request without providing reasons either orally or in writing.
Entire agreement
39. This Agreement constitutes the entire agreement between the parties relating in any way to its subject matter. All previous negotiations, understandings, representations or warranties about the subject matter of this Agreement are merged in this Agreement and are of no further effect. No oral explanation or information provided by a party to another affects the meaning or interpretation of this Agreement or constitutes any collateral agreement, warranty or understanding.
Warranty
40. The Client warrants that it has understood all of the information contained in this Agreement.