Trade terms & Conditions

Acceptance

You accept our Terms by confirming that you accept the proposal provided to you (Proposal) (whether orally or in writing (including by email)), instructing us to proceed with the provision of the goods and services or by paying us any amount for the goods and services. On acceptance, a contract will be created between you and us, being the parties in the Proposal.
These terms, and any other documents attached to them (including the Proposal) (together, these Terms), set out the terms under which we will provide the goods and services to you.

1. Our Goods and Services

We will provide the goods and services ourselves or through our agents, contractors or employees (Personnel).
You agree to comply with all applicable laws and our reasonable instructions, and to provide us with all information and assistance that we reasonably request.
Unless expressly stated in these Terms, you have not relied on any representations or warranties made by us in relation to the goods and services.

2. Payment

You agree to pay the amount (plus GST) of the goods and services according to the payment terms described in the Proposal, which may require payment of a deposit before we begin.
Once we provide the goods and services, you cannot withhold payment, for any reason. If you happen to delay in payment, please be aware that we may cease providing our goods and services. Further, if the delay in payment is 7 days or more, we may engage debt collection services, commence legal proceedings or charge 5% interest on unpaid amounts. You agree to pay us, any costs that we may incur, as a result of undertaking such activities or if, after acceptance of these Terms, you cancel the provision of the goods and services.

3. Access

You agree to provide us (and our Personnel) with unfettered access to the premises described in the Proposal, free from harm or risk to health or safety. You agree that the premises will be in a safe condition for us to provide the goods and services.
You also grant us a right to access any premises where our goods are located, to allow us (or our Personnel) to recover or repossess our goods. To the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any liability caused or contributed to by the removal of our goods from any premises.

4.Title, Risk and Security Interest

Title in the goods will only pass to you on the date you pay for the goods in full. Risk in the goods will pass to you on delivery of the goods.
You agree that these Terms create a registrable security interest in our favour, and you consent to the security interest being registered on any relevant securities register (and you agree to do all things to enable us to do so).

5. Your protections under the Australian Consumer Law

We understand that certain legislation, including the Australian Consumer Law in the Competition and Consumer Act 2010 (Cth) (ACL), may confer you with rights, warranties, guarantees and remedies, which we cannot exclude or restrict. Nothing in these Terms excludes any rights you may have as a consumer under the ACL. Subject to these rights, we exclude all express and implied warranties, and all material, work and services are provided to you without any warranties of any kind, either express or implied, whether in statute, at law or on any other basis.

6. Cancellation

Either party may cancel these Terms if the other party has breached these Terms and the breach has not been remedied within 10 business days of notification.
We may cancel these Terms if you fail to provide us with clear or timely instructions or information to enable us to provide the goods and services or for any reason outside our control which compromises our ability to provide the goods and services.
Despite cancellation, you agree to pay for any goods and services that we have already provided to you.

7. Our and your liability

Things may happen that are outside of our control. Accordingly, we will not be liable under these Terms, and you waive and release us from and against, any liability, if that liability was caused or contributed to by: (a) an event or circumstance outside of our reasonable control (including force majeure events such as weather) or (b) acts or omissions of you or any third parties.
To the maximum extent permitted by law, our liability for any loss or damage suffered or incurred in connection with these Terms, however caused (including due to negligence), will be limited to the amount paid by you for the goods and services. Further, we will not be liable for any “consequential loss”, which includes (for example) any real or potential loss of profits, benefits, business, opportunity, savings and/or reputation.

8. Other matters

If there is a dispute or disagreement, the parties will agree to meet in good faith to seek to resolve the issue, before proceeding to any dispute resolution process. Of course, this won’t prevent a party from seeking urgent equitable relief.
The laws that govern these Terms are those of the state in which the goods and services are provided. Each party submits to the jurisdiction of that state.
Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision will be severed from these Terms without affecting the other provisions in these Terms.

9. Contact us

After you have read these Terms, please let us know if you have any questions or comments – we are always happy to assist! You can contact us using our contact details in the Proposal.