These Terms of Supply (Terms) govern the supply of goods and materials by Austrade Supplies to a customer. Austrade Supplies is a business name of Trinity Building Pty Ltd ACN 629 942 061 as trustee for the Trinity Trust, ABN 50 179 908 151 (Austrade). By placing an order, accepting a quotation, taking delivery of goods or paying an invoice, the Customer accepts these Terms.
These Terms prevail over any terms put forward by the Customer, including terms contained or referred to in a purchase order, tender, request or the Customer's own terms and conditions. That Austrade accepts or fills an order will not be treated as Austrade accepting any terms put forward by the Customer. No such terms bind Austrade unless Austrade expressly accepts them in writing.
Austrade supplies goods only. Where waterproofing or other building work is carried out, that work is supplied separately by Blutec Waterproofing under its own Standard Terms and Conditions, and these Terms do not apply to it.
1. Orders, quotations and prices
(a) A quotation is an invitation to order and is not an offer capable of acceptance until Austrade accepts the Customer's order.
(b) Austrade may accept an order in whole or in part, and may decline an order.
(c) Prices are those current at the date of despatch unless Austrade has confirmed a fixed price in writing for a stated period.
(d) Unless otherwise stated, prices are exclusive of GST, delivery and any statutory charge, each of which is payable by the Customer in addition.
(e) Austrade may pass on an increase in the price charged by its own supplier, in a currency exchange rate or in a duty, levy or tax, where the increase occurs after the order is accepted and before despatch. Austrade will notify the Customer, who may cancel the affected part of the order within 3 Business Days of that notice.
(f) An order for goods that are not ordinary stock items, or that are cut, mixed, tinted or made to the Customer's requirements, is a special order and cannot be cancelled once placed.
2. Payment
(a) Goods are supplied on a cash-with-order or on-delivery basis unless Austrade has approved a written credit application, including a credit limit and payment terms.
(b) Where credit is approved, invoices are payable by the date stated on the invoice or, if no date is stated, within 30 days of the end of the month of invoice.
(c) Approval of credit on one occasion creates no standing entitlement to credit. Austrade may on written notice withdraw or reduce any credit or payment terms, require payment in advance or a deposit, or decline further supply, where an amount is overdue or Austrade reasonably considers the Customer's credit risk has changed.
(d) If the Customer does not pay in full by the due date, Austrade may, without limiting its other rights: (i) charge interest on the overdue amount at the Reserve Bank of Australia target cash rate plus 6% per annum, calculated daily from the due date until paid in full; (ii) suspend supply, including supply under other orders; and (iii) recover all costs of recovering the overdue amount, including legal costs on an indemnity basis, collection agency costs, search fees and court filing fees.
(e) The Customer must not withhold, set off or deduct any amount from a payment due to Austrade. Austrade may set off any amount due to it against any amount it owes the Customer.
(f) As a condition of providing credit, Austrade may require a completed credit application and a personal guarantee and indemnity from one or more directors where the Customer is a company.
3. Title, risk and security
(a) Risk in goods passes to the Customer on delivery, or on collection where the Customer collects.
(b) Title in goods does not pass to the Customer until Austrade has been paid in full for those goods and for all other amounts owing by the Customer to Austrade.
(c) Until title passes, the Customer holds the goods as bailee for Austrade, must store them so they remain identifiable as Austrade's, and must not encumber them.
(d) The Customer acknowledges these Terms constitute a security agreement for the purposes of the Personal Property Securities Act 2009 (Cth), that Austrade may register its security interest in goods supplied, and that the Customer will do anything reasonably required to enable Austrade to perfect and maintain that interest.
(e) Where an amount is overdue, Austrade may enter any premises where goods to which it holds title are kept and recover them, and the Customer grants Austrade an irrevocable licence to do so.
4. Delivery, collection and shortages
(a) Delivery times are estimates only. Austrade is not liable for any loss arising from late delivery.
(b) The Customer must provide safe and adequate access, and a person authorised to take delivery. Where goods are left at a site at the Customer's request without a person present, delivery is complete when the goods are unloaded and risk passes at that time.
(c) Austrade may deliver by instalments and invoice each instalment separately.
(d) The Customer must inspect goods on delivery or collection. A claim for shortage, incorrect supply or visible damage must be made in writing within 3 Business Days of delivery or collection, failing which the goods are taken to have been accepted.
(e) Where Austrade agrees to arrange freight on the Customer's behalf, it does so as agent for the Customer and is not liable for the carrier's acts or omissions.
5. Returns
(a) Goods correctly supplied may be returned only with Austrade's prior written agreement.
(b) Where a return is agreed, goods must be unopened, in original packaging, in resaleable condition, within their shelf life, and accompanied by the invoice number. A restocking fee of up to 20% may apply, and freight is at the Customer's cost.
(c) Special orders, cut or mixed goods, tinted products, opened containers and goods no longer within shelf life are not returnable.
(d) Nothing in this clause limits the Customer's rights under clause 11.
6. Goods, specifications and manufacturers' warranties
(a) Austrade supplies manufactured goods. It does not manufacture, reformulate, repackage or test them.
(b) Goods are supplied subject to the manufacturer's own specification, product data sheet, safety data sheet, application instructions and warranty, each of which is available from the manufacturer and which the Customer must read before use.
(c) Austrade gives no warranty in respect of the goods beyond the manufacturer's warranty, and to the extent permitted by law any such warranty is limited to passing on to the Customer the benefit of the manufacturer's warranty, so far as it is transferable.
(d) Descriptions, illustrations, colours, coverage rates, batch shades and pack sizes are indicative. Colour and shade may vary between batches. The Customer must satisfy itself as to the suitability of a batch before use.
(e) A manufacturer may change, supersede or withdraw a product. Where a product is unavailable, Austrade may supply an equivalent after notifying the Customer.
7. Technical information and advice
(a) Any technical information, recommendation, specification, coverage figure, system build-up or advice given by Austrade or its personnel — whether given in person, by telephone, by email or in writing — is general information only, is given in good faith on the basis of the information supplied by the Customer, and is not a professional opinion, a design, a specification or a certification.
(b) Austrade does not inspect the Customer's site. It does not see, and cannot assess, the substrate, its moisture content, its falls, its preparation, the exposure, the service conditions, the design, the drawings or the other materials being used. The Customer is solely responsible for assessing those matters.
(c) The Customer must not rely on any information or advice given by Austrade. Before using any product, the Customer must read and follow the manufacturer's current product data sheet, safety data sheet and application instructions, satisfy itself that the product is suitable for the intended use and conditions, comply with the project specification and all applicable standards and laws, and obtain independent professional advice where appropriate.
(d) Where the manufacturer's documentation and anything said by Austrade differ, the manufacturer's documentation prevails.
(e) Austrade is not liable for any loss arising from the Customer's reliance on information or advice given by Austrade, or from the selection, specification, mixing, application, installation or use of any product, all of which are the Customer's responsibility.
8. Supply only
(a) Austrade supplies goods. It does not carry out waterproofing, tiling, remedial, installation or any other building work, and nothing in the supply of goods makes Austrade a party to, or responsible for, any work carried out by the Customer or anyone else.
(b) Austrade is not the builder, the head contractor, a subcontractor or a certifier in respect of any project on which its goods are used, and does not issue any certificate, Form 43 or compliance document.
(c) Austrade does not supply, remove, handle or dispose of asbestos or other hazardous materials.
9. Storage, handling and shelf life
(a) After delivery or collection, the Customer is responsible for storing and handling goods in accordance with the manufacturer's instructions, including temperature, ventilation, ultraviolet exposure and stacking requirements.
(b) Products have a limited shelf life stated by the manufacturer. Austrade is not liable for any loss arising from goods used outside their shelf life, or stored or handled otherwise than in accordance with the manufacturer's instructions.
10. Liability
(a) Subject to clause 11, and to the extent permitted by law, Austrade's total liability arising out of or in connection with the supply of any goods, however arising, is limited at Austrade's option to replacing the goods, supplying equivalent goods, or refunding the price paid for those goods.
(b) To the extent permitted by law, Austrade is not liable for any indirect or consequential loss, or for loss of profit, revenue, production, contract, opportunity, rectification cost, cost of removing or replacing other materials or finishes, or delay or liquidated damages payable by the Customer to any other person.
(c) Austrade is not liable to the extent that loss is caused or contributed to by the Customer or any person for whom Austrade is not responsible, including by incorrect selection, storage, handling, mixing, application or installation, or by conditions at the site.
11. Australian Consumer Law
(a) Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or any other law that cannot lawfully be excluded, restricted or modified.
(b) Where the Australian Consumer Law applies and the goods are not of a kind ordinarily acquired for personal, domestic or household use, Austrade's liability for a failure to comply with a consumer guarantee is limited, to the extent permitted, as set out in clause 10(a).
12. Privacy and credit reporting
(a) Austrade collects personal information about the Customer and its directors in order to supply goods, assess credit and recover amounts owing, and handles that information in accordance with the Privacy Act 1988 (Cth).
(b) Where the Customer applies for credit, it consents to Austrade obtaining and disclosing credit information in accordance with that Act.
13. General
(a) These Terms are governed by the law of Queensland, and the parties submit to the non-exclusive jurisdiction of its courts.
(b) Austrade may vary these Terms by publishing amended Terms. The Terms current at the date an order is accepted apply to that order.
(c) The Customer must not assign its rights under these Terms without Austrade's written consent. Austrade may assign or subcontract its obligations.
(d) Austrade is not liable for any failure or delay caused by a matter outside its reasonable control, including a supplier's failure, a manufacturing shortage, a transport failure, a natural event or an act of government.
(e) A right is not waived except in writing. If a provision is unenforceable, it is severed and the rest continues.
(f) Business Day means a day that is not a Saturday, Sunday or public holiday in Brisbane, Queensland.
Austrade Supplies is a business name of Trinity Building Pty Ltd ACN 629 942 061 as trustee for the Trinity Trust. ABN 50 179 908 151. Unit 3/240 Leitchs Road, Brendale QLD 4500. Telephone (07) 3889 7480.