Terms of Trade

1. Application of Terms

1. These Terms govern our supply of Goods and Services to you, including cash sales.
2. If you wish to negotiate any Terms, you must respond by marking up this document and obtaining our written approval.
3. We do not review or accept any terms contained in documents issued by you (e.g., purchase orders) unless agreed in writing.
4. Unless expressly agreed in writing, we do not accept and will not be bound by any other terms or conditions supplied by you.

2. Quotations

Each quotation issued by us:

• is an estimate only;
• is not an obligation to supply any Goods or Services;
• excludes GST;
• does not include delivery charges unless stated;
• is valid for 30 days unless withdrawn;
• assumes delivery and Services occur within Business Hours unless specified.

Verbal quotations must be confirmed in writing. Additional terms in a quotation form part of these Terms. Additional charges may apply for deliveries or Services outside Business Hours.

3. Formation of Contract

We are not obliged to supply Goods or Services until a contract for supply is formed. A contract is formed when:

• you place an Order; and
• you pay any required deposit; and
• we accept the Order in writing, or
• we supply the Goods or Services after receiving your Order.

Order Cancellation

• Before contract formation: You may revoke the Order and receive a full refund of any deposit.
• After contract formation: Unless we are in breach, you must pay all reasonable costs associated with your Order, and any deposit may be applied toward those costs.

4. Price

The price for Goods and Services will be either:

• the price agreed in writing; or
• our prevailing price list/rates on the Order date.

We may vary pricing if you request:

• Services outside Business Hours;
• different Goods or Services; or
• a delay of 60+ days.

If pricing is varied, you may reject the new price within 7 days and terminate the contract without penalty.

5. Delivery and Risk

We will use reasonable efforts to deliver Goods on the agreed date and location. You must ensure you are ready to receive the Goods.

Delivery times are estimates only unless expressly stated.

Risk passes to you when:

• you or your agent collects the Goods;
• we deliver to your nominated address;
• your carrier collects the Goods.

You must sign delivery documentation as confirmation of receipt. If you authorise unattended delivery, delivery is entirely at your own risk.

If delivery is delayed because you are unable or unwilling to accept the Goods:

• daily storage fees apply;
• redelivery charges apply.

Goods may be delivered in instalments. You must inspect Goods immediately upon delivery and before installation, modification, cutting, or use.

6. Payment Terms

Unless you hold an approved Credit Facility:

• required deposits must be paid before work commences;
• all Goods must be paid in full prior to dispatch;
• Services are billed progressively as performed.

Accepted payment methods include cash, bank transfer, cheque, Visa, and Mastercard. Payment surcharges may apply.

GST is payable on all taxable supplies. All payments must be made in full without set-off or deduction.

7. Claims

Clauses 7.2–7.4 apply only where the supply is not a Consumer Contract or Small Business Contract.

You must notify us in writing within 7 days of delivery regarding:

• short supply, incorrect Goods, or damage;
• photo evidence if requested.

Claims for non-delivery must be made within 7 days of invoice date. Failure to comply means Goods are deemed delivered in good condition.

8. Returns

We accept returns where:

• Goods do not conform to the contract;
• Goods are defective;
• the law requires us to accept the return.

Change-of-Mind Returns

Change-of-mind returns may be accepted at our discretion if:

• you agree to a handling fee (lesser of 30% of purchase price or $1,000);
• you agree to reimburse all return-related costs;
• Goods remain in original condition;
• Goods were not custom-made, cut-to-size, fabricated, or procured specifically for you;
• Goods are unused, undamaged, and not modified;
• Goods were not sold at discounted or wholesale pricing;
• Goods are still stocked and current.

You are responsible for Goods in transit during return; we recommend insurance.

9. Retention of Title

Title remains with us until payment is received in full. You agree:

• Goods remain our property until paid in full;
• to store Goods so they are identifiable;
• not to mix Goods with others;
• we may allow you to sell Goods as our agent until revoked;
• sale proceeds are held on trust for us.

We may enter your premises to inspect or repossess Goods. You waive any claim for trespass relating to repossession. Once repossessed, we may sell or dispose of Goods as required. This clause constitutes a purchase money security interest under the PPS Act.

10. Security Interest

• You undertake not to create or register security interests over Goods without our consent.
• You waive rights to receive certain PPSA notices.
• We are not required to disclose PPSA information unless required by law.
• Additional rights under PPSA remain.

11. Description of Goods & Suitability

You must tell us if Goods are required for a specific purpose and obtain written confirmation. If you do not, you agree we are not responsible for suitability.

12. Default

Applies where payment is overdue:

• We may charge 10% p.a. interest on outstanding amounts.
• We may suspend or cease supply.
• We may require full prepayment for future Orders.

13. Indemnity

• If you breach these Terms, you indemnify us for related losses, costs, and expenses.
• Indemnity is reduced proportionally where our negligence contributed.
• Indemnity survives termination.

14. Limitation of Liability

• Neither party is liable for Consequential Loss.
• We are not liable for delays.

Where the contract is not a Consumer Contract or Small Business Contract:

• For Goods: our liability is limited to repair, replacement, or cost of replacement.
• For Services: re-supply or cost of re-supply.

15. Termination

Either party may terminate immediately if the other:

• materially breaches the Terms and fails to remedy within 7 days;
• fails to pay within 7 days;
• becomes insolvent;
• ceases business;
• is placed under external administration.

16. Variation

We may amend these Terms by written notice. Updated Terms apply to future Orders.

17. Assignment

Rights may only be assigned with written consent.

18. Conflicts

Order of precedence:

1. quotation-specific terms;
2. Credit Facility terms;
3. these Terms.

19. Severance

Invalid provisions are read down or removed without affecting the remainder.

20. Governing Law

• These Terms are governed by the laws of Victoria, Australia.
• Parties submit to the jurisdiction of Victorian courts.

21. Definitions

22. Interpretation

• Headings are for convenience only and do not affect interpretation.
• Words importing the singular include the plural and vice versa.
• A reference to a statute includes its amendments and regulations.
• If there is any inconsistency between these Terms and a quotation, the quotation prevails to the extent of the inconsistency.

Related Policies

Please also review our other policies:

• Website Terms & Conditions
• Privacy Policy
• Credits, Returns & Refund Policy
• Warranty Policy

Contact Us

If you have questions about these Terms of Trade, please contact us: