TERMS AND CONDITIONS OF ORDER AND SUPPLY
In the interpretation of this information, the following definitions apply:
“We”, “Us” or “Our” means A-Line Building Systems Pty Ltd.
“You” or “Your” means the person, firm or company to whom the quotation is addressed.
“the quotation” means the quotation which is supplied by A-Line Building Systems Pty Ltd.
“the order” means all the materials set out in the quotation and any additional products as may be required.
Quoted prices are valid for 7 days from date of issue. We reserve the right to correct any obvious errors in estimates etc, whether technical, stenographic or otherwise. Unless otherwise expressly stated, All amounts payable by you are exclusive of GST.
All payment shall be made prior to delivery / pickup unless agreed to in writing by Us. Without prejudice to any other remedy, We may charge You on any overdue accounts interest at the rate of 10% calculated and payable daily and compounded from the due date until the invoice is paid in full. The parties accept that such interest charge is not a penalty. You may not withhold payment of any money in respect of any set-off or claim You might have against Us without Our prior written consent.
We will endeavor to deliver the goods, supply the services or otherwise complete the order within the time agreed (if any) or within a reasonable time (in the absence of agreement) but shall not be liable for any loss or damage of any kind whatsoever caused directly or indirectly by any delay in delivery, supply of completion or failure to deliver, supply or complete. If delay or failure is caused by force majeure or labor dispute We may suspend delivery, supply or completion and/or terminate the order.
Force majeure means an act of God, or lightning, fire, earthquake, storms, flood, explosion, unavailability or delay in availability of equipment, materials or transport and other cause whether of the land specifically, enumerated or otherwise, which is not within Our control. We shall not be liable for any delay in the obtaining of any necessary work permits from relevant authorities. Orders requiring partial delivery will be invoiced appropriately and the terms of payment will apply to each invoice.
THE DELIVERY SITE
You are required to clearly define the delivery site and any relevant boundaries, overhead powerlines or possible obstructions. The order will only be unloaded if it is safe to do so. The delivery site will have unrestricted access during normal working hours.
ACCEPTANCE OF DELIVERY
You or Your representative is required to be on site at the agreed delivery point to accept delivery of the order or instruct the delivery driver/contractor of all the relevant details in relation to the exact location for positioning the materials, If clear and precise details are not given or if delivery of the order is not receipted by You, We will not be responsible for any financial loss or damage or the consequences thereof.
If the order is delivered to an open, unattended site, You are reminded to take out insurance against theft or damage and You must cover the order to protect it from rain or absorbing moisture during the period between delivery and when the material is installed. We will not be responsible for any discoloration or deterioration of the materials should You not cover the order from weather.
INSPECTION OF MATERIALS
You will inspect the order at the time of delivery. No claim in relation to materials or workmanship or otherwise shall be recognized by Us unless notice setting out the nature and extent and particulars are received in writing by Us within 48 hours of delivery.
PROPERTY AND RISK
(a) Property and the goods shall pass to You only when all amounts owing by You has been received by Us.
(b) Risk with respect to the order (including any loss, damage or deterioration) and whether to be delivered ex warehouse to Your premises or in any other manner shall pass to You immediately once they leave Our premises.
WARRANTY AND LIABILITY
We will repair or replace materials supplied by Us within one year from the date of the original sale and to the original purchasing consumer, should the product be found to be defective in material or workmanship subject to the following conditions:
(a) We will not be liable if the material has been damaged by misuse, accident, improper installation, operation, lack of maintenance or any cause beyond our control, the warranty becomes null and void.
(b) We will not be responsible for any cost in relation to freight, postage or for the expenditure necessary to replace the material in position and/or reassembly.
(c) We will not be liable for any loss or damage of any kind howsoever caused arising directly or indirectly from a defect in the material or workmanship or the unsuitability of the product supplied whether arising out of the negligence of A-Line Building Systems Pty Ltd or any servant, contractor, agent or otherwise. Under no circumstances shall We be liable for any indirect or consequential damage, special or punitive damages. Our liability shall be limited to the cost of replacing the material, the cost of resupply of the materials or refund of the purchase price at Our discretion. Our liability shall be limited to the maximum extent permitted by law.
(d) No person acting without the express written authority of one of our directors is authorised or permitted to vary these Terms and Conditions.
(e) We do not make any promise or warranty other than the warranties herein set out and statutory warranties pursuant to the Australian Consumer Law or otherwise which may not be excluded by law. To the maximum extent permitted by law, all warranties other than as herein set out are excluded.
(f) The claim for warranty must be accompanied by supporting information including photos, delivery and installation information plus original invoice or order to confirm date and place of purchase.
(g) This order shall be subject to the manufacturer’s specification for variation in tolerance, quality, finish and colour and the manufacturer’s own warranty. We use Our best endeavors to ensure that You have the benefit of any applicable manufacturer’s warranty but provides no other warranty beyond that imposed by the Australian Consumer Law or other applicable statute.
The ownership of the materials will pass to You only when You have paid all that is payable to Us under this order. All unused materials remain Our property. Until We are paid in full You shall, if required by Us or otherwise designate the materials and building as Our property in full. We are hereby authorised by You upon giving reasonable notice to You to enter on the land occupied by You between 7.00am and 7.00pm to remove the materials and/or the erected building without any obligation to make good the site. You hereby agrees not to take possession of the materials or building or store any goods, fitting, fixtures etc. within the building until payment is made in full.
Should the order be cancelled, deferred or disrupted at any time by You before delivery of the order, You agree to accept delivery of the finished materials held by Us. You agree to pay the cost of any manufactured or partly manufactured or any specially purchased materials and any costs incurred because of the order. In the event of an order being cancelled all deposits paid are non-refundable.
We shall not be under any liability to You for loss or damage occasioned by its workers, servants, or agents, for any latent defects with any Works associated with the contract. You are responsible for all public risk once the goods leave Our premises.
Failure by Us to enforce any of the contract terms shall not be construed as a waiver of any Our rights hereunder or a waiver of a continuing breach.
This Contract shall be governed by and construed in accordance with the laws in force in Australia and the purchaser submits to the jurisdiction of the courts in Australia.
(a) We warrant that the supply of the order will be carried out in a proper manner in accordance with the plans and specifications set out in the order.
(b) We warrant that all materials supplied by Us for use in fulfilling the order will be of commercial quality and suitable for the purpose for which they are to be used and that unless otherwise stated in the contract, all materials will be new.
(c) We warrant that the supply of the order will be carried out in accordance with, and will comply with, all laws and legal requirements including, without limiting the generality of this warranty, the Building Act 1993 and the regulations made under that Act.
(d) We warrant that the works will be carried out with reasonable care and skill and will be completed by the date (or within the period) specified during the order process. If the order states the purpose for which the materials are required, or the result which the client wishes the materials to achieve, so as to show that the client relies on Our skill and judgement, We warrant that the materials used in carrying out the order will be reasonably fit for that purpose or will be of such a nature and quality that they might reasonably be expected to achieve that result.
Our Design Order Software (DOS) for Your use is solely for the users as setup by Us and is not to be shared/shown/copied to anyone or used for any purpose other than for the express purpose of retail quoting. Access to DOS can be deactivated by Us due to inactivity, inappropriate use, or as a result of termination of the authorised distributor agreement.
We own all rights, title and interest to the Intellectual Property Rights in the plans, designs, engineering, data, specifications, literature, manuals, pricing, website and the web based Design Order Software (DOS), and any other material provided by Us to You.
Both You and Us undertake that we will not disclose to any person or entity any of the personal details included in this agreement. Confidential information includes an entity or related entity’s business activities, strategies, plans and assets, products and their specifications, the method of production, the markets products are sold in, methods or distribution, intellectual property rights, financial affairs, technologies, clients, customers, suppliers, distributors, agreements or any other information that is confidential or non-public, but excludes any information that is available in the public domain.
APPLICATION OF THE PPSA
You acknowledge and agree that:
(a) These Conditions constitute a security agreement for the purposes of the PPSA (“Security Agreement”) and creates a security interest in the Goods supplied by Us from time to time and any proceeds of the sale of the Goods to secure payment for the Goods (“Security Interest”);
(b) Each sale or supply of Goods by Us under these Conditions is subject to the Security Agreement for the purposes of the PPSA; and
(c) We may lodge a financing statement on the Personal Property Securities Register (“PPSR”) in respect of the Security Interest in the Goods and the proceeds of the sale of the Goods, including as a purchase money security interest (as that term is defined in the PPSA) (“PMSI”), pursuant to these Conditions.
You must do all such things, provide all such information and sign all such documents as are necessary and reasonably required to enable Us to acquire a perfected Security Interest in the Goods.
You must not change Your name, change Your structure, status or partnership, or assign or sell Your business to another party, or initiate any change to any registered documentation, or act in any manner which would impact on our registered Security Interest without Our prior written consent. No such event shall affect Your liability under these Conditions, as You are named in any applications for credit, until a new application for credit made in Your new entity name as restructured or changed is received and approved by Us in writing.
To the extent permitted by law if the PPSA applies You irrevocably waive Your rights to:
(a) Receive notices or statements under sections 95, 118, 121(4), 129, 130, 132(2), 132(4) or 135(2);
(b) Redeem any products under section 142;
(c) Reinstate any Contract under section 143; or
(d) Receive a verification statement as defined in the PPSA.
If the law which requires a period of notice or a lapse of time cannot be excluded, but the law provides that the period of notice or lapse of time may be agreed, that period or lapse is one day or the minimum period the law allows to be agreed (whichever is the longer).
You agree not to exercise Your rights to make any request of Us under section 275(6) of the PPSA, to authorise the disclosure of any information under that section or to waive any duty of confidence that would otherwise permit non-disclosure under that section.
The parties shall not disclose information of the kind mentioned in section 275(1) of the PPSA, except in the circumstances where:
(a) Disclosure is required by sections 275(7)(b) to (e) of the PPSA; and/or
(b) We disclose information of the kind mentioned in section 275(1) of the PPSA to the extent that We are not doing so in response to a request made by an “interested person” (as defined in section 275(9) of the PPSA) pursuant to section 275(1) of the PPSA.
You shall only authorise the disclosure of information for the purposes of section 275(7)(c) of the PPSA, or request information under section 275(7)(d) of the PPSA, if We approve such disclosure or request for information in writing.
Nothing in this part will prevent any disclosure of information by Us that We believe is reasonably necessary to comply with any other obligations that We may have under the PPSA.
If You default in the timely performance of any obligation owed to Us, We may enforce the Security Interest by exercising all or any of Our rights under these Conditions, the general law and the PPSA.
Nothing in this Clause limits or is limited by any other provision of these Conditions or any other agreement between the parties.