Definitions
In these terms and conditions of sale, the term “supplier” means EDGE CONCEPTS (QLD) PTY LTD and the term “purchaser” means the company, firm or person who places an order with the supplier. The term “products” means any product, products, or services supplied by the supplier to the purchaser.
Prices and Payment
1.1 Unless otherwise indicated in writing, prices are ex-works and exclude freight, insurance, delivery charges and other taxes or duties.
1.2 All invoices are payable within 7 days of products being delivered. The purchaser must not make any deduction or withhold payment for any reason, unless agreed to in writing by the supplier.
1.3 Without affecting any other rights of the supplier, if the purchaser fails to pay the invoice in full by the due date, the purchaser will not receive any discount and shall pay interest on any overdue amount from the date payment was due to the date of payment (whether before or after judgment) at the rate of 18% per annum (charged daily). The purchaser will reimburse the supplier all costs and expenses (including legal costs) incurred in the collection of any overdue amount.
1.4 Time for payment shall be of the essence of the contract.
Ownership of Products
2.1 Title to the products shall remain with the supplier and will not pass to the purchaser until the invoice for the products has been paid in full.
2.2 Until title passes, the purchaser shall hold the products as bailee for the supplier. The supplier can, at any time before title passes, re-possess, dismantle and use or sell all or any of the products and terminate (without any liability to the purchaser), the purchaser’s right to use, sell or otherwise deal in them. The purchaser consents to the supplier entering any premises of the purchaser for the purpose of taking possession of the products and any other assets secured by this agreement.
2.3 The purchaser must not use, install, affix to land, or mix with any other goods, any of the products until the supplier has been paid in full for such products.
2.4 The purchaser agrees that by signing this form, or by placing an order for products, it consents to granting a security interest (as defined in the Personal Property Securities Act) in favour of the supplier in: (a) any products and proceeds received for such products; and (b) all of the purchaser’s present and future personal property and proceeds; for any amounts payable by the purchaser to the supplier.
2.5 The purchaser consents to the supplier registering at any time, an interest on the Personal Property Securities Register (PPSR) to protect its security interest. The purchaser agrees to do all things necessary to enable the supplier to register such interest and waives its right to receive notification of registration.
Risk, Delivery and Performance
3.1 Products are delivered when the supplier makes them available to the purchaser, any agent of the purchaser, or any carrier (who shall be purchaser’s agent, regardless of who pays the cost) at the supplier’s premises or other delivery point agreed upon by the supplier.
3.2 Risk in the products passes when they are delivered to the purchaser.
3.3 The supplier may, at its discretion, deliver the products by installments in any sequence. Where the products are delivered by installments each installment shall be considered to be the subject of a separate contract and no default or failure by the supplier in respect of any installment shall vitiate the contract in respect of the products previously delivered or undelivered products.
3.4 Products will only be delivered to unattended sites upon the purchaser’s request and on the basis that, upon the products being unloaded at the location, the products are considered to have been delivered and accepted by the purchaser and the supplier shall be released from further liability. Where delivery cannot be affected, a delivery and return fee will be charged to the purchaser.
3.5 Except where products are delivered to unattended sites, the purchaser agrees to check all products received against delivery dockets immediately upon unloading at the destination. The supplier’s invoicing charge will be based on the quantity of products delivered as per the delivery docket. Any claim for alleged short delivery must be made in writing within 48 hours of delivery and in the absence of any such claim, the purchaser shall be liable to pay for the full quantity of products stated in the supplier’s delivery docket.
3.6 The supplier shall not be liable for any claim resulting from the use by the purchaser of any improper, defective or damaged products and no claim will be allowed on account of any purchases or returned products unless authorised by the supplier.
3.7 The supplier will use every effort to execute orders within any time specified or quoted but no liability or responsibility will be accepted for delays arising from causes beyond the supplier’s control.
3.8 Performance of the contract is subject to the ability of the supplier to obtain materials from its normal source of supply. The supplier reserves the right to cancel or postpone delivery due to any circumstance beyond its control.
3.9 The supplier reserves the right to rectify errors and/or omissions at its own expense within a reasonable time after notification to the purchaser.
3.10 Products will be supplied in accordance with Australian Standards:-
AS1170 – Live and dead loads.
AS1288 – Glass standard.
AS1926 – Fences and gates for private swimming pools.
3.11 Any increase in the cost of raw materials, labour, or freight charges to the supplier occurring after the date of quotation and/or prior to delivery, will be added to the price quoted and payable by the purchaser.
3.12 The supplier may, at its discretion, suspend supply of any products and/or terminate this contract if the purchaser: (a) fails to make any payment when due; or (b) defaults in any of its obligations under this contract or any other agreement with the supplier; or (c) becomes insolvent, has a receiver appointed to its business, is wound up, or the supplier reasonably believes that any of those events may occur. In the case of termination, the purchaser will forfeit any deposit paid.
3.13 The purchaser consents to the supplier obtaining a consumer credit report about the purchaser from a credit reporting agency for the purpose of collecting overdue payments relating to commercial credit owed by the purchaser.
Warranties and Liability
4.1 Except for any conditions and warranties which cannot be excluded under the Competition and Consumer Act, all implied conditions and warranties are excluded from this contract.
4.2 Subject to the extent that conditions and warranties cannot be excluded under the Competition and Consumer Act, the supplier’s liability shall be limited and the purchaser’s sole and exclusive remedy for any damages whether direct, indirect, special or consequential shall be limited to any one of the following:-
(i) In the case of goods-
(a) the replacement of the products or supply of equivalent products;
(b) the repair of products;
(c) after agreement with the supplier, the payment of the cost of replacing, repairing or having products replaced or repaired;
(ii) In the case of services-
(a) the supply of the services again;
(b) payment of the cost of having the services supplied again.
4.3 Fencing products are sold on the express understanding that the supplier accepts no responsibility should an accident occur in a pool or area where the fence has been erected. Final responsibility for pool safety is with the owner or occupier of the property where the pool is situated.
4.4 To maintain the appearance and service life of the product regular washing down with clean soapy water and a soft cloth is recommended.
Non-standard Product and Cancellation
5.1 Where an order has been placed for a non-standard product or colour range, a deposit of 50% may be required prior to manufacture with the balance of the contract price payable on completion and prior to delivery.
5.2 Where notice of cancellation of an order for a non-standard product or colour range is received, the purchaser will forfeit their deposit and the supplier will be entitled to charge in full and sue for the balance contract price. Orders for standard products or colour range may be cancelled by written notice only if there has been no orders for materials made and if the products have not been manufactured and/or allocated to the contract. If the cancellation notice is received after the products have been ordered, manufactured and/or allocated to the contract, then all costs will be recovered and administration fees will be charged to the purchaser.
General
6.1 Any taxes or Government charges (including GST) imposed upon the supplier relating to the supply of products or services pursuant to the quotation or contract shall be charged to the purchaser.
6.2 It is the purchaser’s responsibility to ensure that all floors and wall substructures are adequate for the purpose of the installation of balustrading and compliance with AS1170.
6.3 No work will commence until the deposit and acceptance slip is received or in the case of account customers a written Company order or quoted sheet has been signed.
6.4 Any Council approval for fencing or balustrading is the responsibility of the purchaser.