TERMS AND CONDITIONS OF SALE
Section 1 — Website Terms and Conditions
Terms and Conditions
Last updated: December 11, 2023
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for You to access our Service or parts of our Service.
Country refers to: Queensland, Australia
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to THE HAGGARTY GROUP QLD PTY LTD, 347-349 Brisbane St, West Ipswich 4305.
Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
Goods refer to the items offered for sale on the Service.
Orders mean a request by You to purchase Goods from Us.
Promotions refer to contests, sweepstakes or other promotions offered through the Service.
Service refers to the Website.
Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to The Haggarty Group, accessible from https://haggarty.com.au
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Placing Orders for Goods
By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.
Your Information
If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
Order Cancellation
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
Goods availability
Errors in the description or prices for Goods
Errors in Your Order
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
Your Order Cancellation Rights
Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy.
Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy to learn more about your right to cancel Your Order.
Your right to cancel an Order only applies to Goods that are returned in the same condition as You received them. You should also include all of the products instructions, documents and wrappings. Goods that are damaged or not in the same condition as You received them or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Goods while they are in Your possession.
We will reimburse You no later than 14 days from the day on which We receive the returned Goods. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.
You will not have any right to cancel an Order for the supply of any of the following Goods:
The supply of Goods made to Your specifications or clearly personalized.
The supply of Goods which according to their nature are not suitable to be returned, deteriorate rapidly or where the date of expiry is over.
The supply of Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.
The supply of digital content which is not supplied on a tangible medium if the performance has begun with Your prior express consent and You have acknowledged Your loss of cancellation right.
Availability, Errors and Inaccuracies
We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Prices Policy
The Company reserves the right to revise its prices at any time prior to accepting an Order.
The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.
Payments
All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard or online payment methods (PayPal, for example).
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
Promotions
Any Promotions made available through the Service may be governed by rules that are separate from these Terms.
If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
User Accounts
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Content
Return Policy
Product Returns:
Customers may initiate a return of a product under the following conditions:
The product can be returned to our supplier for a full refund.
A valid receipt for the purchase is provided.
The return is requested within 30 days of the original purchase date.
We reserve the right to refuse returns if the product cannot be returned to our supplier for a full refund.
In the event that a return is accepted, a restocking fee of 20%-50% of the product's purchase price may apply. The restocking fee will be communicated to the customer prior to processing the return.
Receipt Requirement:
A valid receipt for the purchase must be provided when initiating a return.
Returns without a valid receipt may not be processed.
Refusal of Returns:
We reserve the right to refuse returns under the following circumstances:
The product is ineligible for return to our supplier for a full refund.
The customer fails to provide a valid receipt.
The return is requested after the specified time frame.
The product is damaged due to misuse, negligence, or inadequate packaging during the return.
The return does not meet the criteria specified in our return policy.
Customers will be informed of the refusal and the reason for it.
Return Process:
To initiate a return, customers must contact our customer service at [customer service email or phone number].
Once the return is approved, detailed instructions for the return process will be provided.
Refund Processing:
Refunds will be processed using the original payment method within 30 days of receiving the returned product.
Shipping and handling fees are non-refundable.
Exchanges:
We do not currently support product exchanges. Customers may return the original product according to our return policy and place a new order for the desired product.
Damaged or Defective Products:
In the case of receiving a damaged or defective product, customers must notify us within 15 days of receiving the product. We will provide instructions for returning the damaged or defective item and will cover any associated return shipping costs.
Your Right to Post Content
Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Content Restrictions
The Company is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
Unlawful or promoting unlawful activity.
Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
Impersonating any person or entity including the Company and its employees or representatives.
Violating the privacy of any third person.
False information and features.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
Content Backups
Although regular backups of Content are performed, the Company do not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
Copyright Policy
Intellectual Property Infringement
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at info@haggarty.com.au and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
Your address, telephone number, and email address.
A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our copyright agent via email at info@haggarty.com.au. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Section 2 — Trade Terms and Conditions (Supply of Goods/Equipment)
Note: The following clauses (1–21) are presented exactly as supplied, with numbering and wording preserved.
1.1 “Supplier” means The Haggarty Group QLD Pty Ltd (and incorporated trading entities) Haggarty Roofing and/or Aussie Paint Barn, its successors and assigns or any person acting on behalf of 8. and with the authority of The Haggarty Group QLD Pty Ltd (and 8.1 incorporated trading entities) Haggarty Roofing and/or Aussie Paint Barn.
1.2 “Customer” means the person/s buying the Goods (and/or hiring Equipment) as specified in any invoice, document or order, and if there is more than one Customer is a reference to each Customer jointly and severally.
1.3 “Goods” means all Goods or Services supplied by the Supplier to 9.
the Customer at the Customer’s request from time to time (where 9.1 the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).
1.4 “Equipment” means all Equipment including any accessories supplied on hire by the Supplier to the Customer (and where the context so permits shall include any supply of Services). The 9.2 Equipment shall be as described on the invoices, quotation, authority to hire, or any other work authorisation form provided by the Supplier to the Customer. 9.3
1.5 “Price” means the Price payable for the Goods and/or Equipment hire as agreed between the Supplier and the Customer in accordance with clause 4 below.
ensure its safe and proper erection and where necessary shall hold 12.5 a current certificate of competency and/or be fully licensed.
If the Customer is a consumer within the meaning of the CCA, the Supplier’s liability is limited to the extent permitted by section 64A of Schedule 2.
Access 12.6 If the Supplier is required to replace the Goods under this clause or The Customer shall ensure that the Supplier has clear and free the CCA, but is unable to do so, the Supplier may refund any money access to the work site at all times to enable them to undertake the the Customer has paid for the Goods.
Services. The Supplier shall not be liable for any loss or damage to 12.7 If the Customer is not a consumer within the meaning of the CCA, the site (including, without limitation, damage to pathways, the Supplier’s liability for any defect or damage in the Goods is: driveways and concreted or paved or grassed areas) unless due to (a) limited to the value of any express warranty or warranty card the negligence of the Supplier. provided to the Customer by the Supplier at the Supplier’s sole discretion; Title To Goods (b) limited to any warranty to which the Supplier is entitled, if the The Supplier and the Customer agree that ownership of the Goods Supplier did not manufacture the Goods; shall not pass until: (c) otherwise negated absolutely.
(a) the Customer has paid the Supplier all amounts owing to the 12.8 Subject to this clause 12, returns will only be accepted provided Supplier; and that:
(b) the Customer has met all of its other obligations to the Supplier. (a) the Customer has complied with the provisions of clause 12.1; Receipt by the Supplier of any form of payment other than cash and shall not be deemed to be payment until that form of payment has (b) the Supplier has agreed that the Goods are defective; and been honoured, cleared or recognised. (c) the Goods are returned within a reasonable time at the It is further agreed that: Customer’s cost (if that cost is not significant); and
(a) until ownership of the Goods passes to the Customer in (d) the Goods are returned in as close a condition to that in which accordance with clause 9.1 that the Customer is only a bailee they were delivered as is possible. of the Goods and must return the Goods to the Supplier on 12.9 Notwithstanding clauses 12.1 to 12.8 but subject to the CCA, the request. Supplier shall not be liable for any defect or damage which may be
(a) personal information as outlined in 16.1 above;
(b) name of the credit provider and that the Supplier is a current credit provider to the Customer;
(c) whether the credit provider is a licensee;
(d) type of consumer credit;
(e) details concerning the Customer’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested);
(f) advice of consumer credit defaults, overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty (60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that the Customer no longer has any overdue accounts and the Supplier has been paid or otherwise discharged and all details surrounding that discharge(e.g. dates of payments);
(g) information that, in the opinion of the Supplier, the Customer has committed a serious credit infringement;
(h) advice that the amount of the Customer’s overdue payment is equal to or more than one hundred and fifty dollars ($150).
16.7 The Customer shall have the right to request (by e-mail) from the Supplier:
(a) a copy of the information about the Customer retained by the Supplier and the right to request that the Supplier correct any incorrect information; and
- Acceptance (b) the Customer holds the benefit of the Customer’s insurance of caused or partly caused by or arise as a result of:
2.1 The Customer is taken to have exclusively accepted and is the Goods on trust for the Supplier and must pay to the (a) the Customer failing to properly maintain or store any immediately bound, jointly and severally, by these terms and Supplier the proceeds of any insurance in the event of the Goods/Equipment; conditions if the Customer places an order for or accepts delivery of Goods being lost, damaged or destroyed. (b) the Customer using the Goods/Equipment for any purpose the Goods/Equipment. (c) the Customer must not sell, dispose, or otherwise part with other than that for which they were designed;
2.2 These terms and conditions may only be amended with the possession of the Goods other than in the ordinary course of (c) the Customer continuing the use of the Goods/Equipment after Supplier’s consent in writing and shall prevail to the extent of any business and for market value. If the Customer sells, disposes any defect became apparent or should have become apparent 16.9 inconsistency with any other document or agreement between the or parts with possession of the Goods then the Customer must to a reasonably prudent operator or user; Customer and the Supplier. hold the proceeds of any such act on trust for the Supplier and (d) the Customer failing to follow any instructions or guidelines must pay or deliver the proceeds to the Supplier on demand. provided by the Supplier;
- Change in Control (d) the Customer should not convert or process the Goods or (e) fair wear and tear, any accident, or act of God.
3.1 The Customer shall give the Supplier not less than fourteen (14) intermix them with other goods but if the Customer does so 12.10 The Supplier may in its absolute discretion accept non-defective days prior written notice of any proposed change of ownership of then the Customer holds the resulting product on trust for the Goods for return in which case the Supplier may require the the Customer and/or any other change in the Customer’s details benefit of the Supplier and must sell, dispose of or return the Customer to pay handling fees of up to twenty-five percent (25%) of (including but not limited to, changes in the Customer’s name, resulting product to the Supplier as it so directs. the value of the returned Goods plus any freight costs. 17.
address, contact phone or fax number/s, or business practice). The (e) the Customer irrevocably authorises the Supplier to enter any 12.11 Notwithstanding anything contained in this clause if the Supplier is 17.1 Customer shall be liable for any loss incurred by the Supplier as a premises where the Supplier believes the Goods are kept and required by a law to accept a return then the Supplier will only result of the Customer’s failure to comply with this clause. recover possession of the Goods. accept a return on the conditions imposed by that law.
(f) the Supplier may recover possession of any Goods in transit
- Price and Payment whether or not delivery has occurred. 13. Intellectual Property
4.1 At the Supplier’s sole discretion the Price shall be either: (g) the Customer shall not charge or grant an encumbrance over 13.1 Where the Supplier has designed, drawn or developed
(a) as indicated on any invoice provided by the Supplier to the the Goods nor grant nor otherwise give away any interest in the Goods/Equipment for the Customer, then the copyright in any Customer; or Goods while they remain the property of the Supplier. designs and drawings and documents shall remain the property of 17.2
(b) the Price as at the date of delivery of the Goods/Equipment (h) the Supplier may commence proceedings to recover the Price the Supplier.
according to the Supplier’s current price list; or of the Goods sold notwithstanding that ownership of the Goods 13.2 The Customer warrants that all designs, specifications or
(c) the Supplier’s quoted price (subject to clause 4.2) which will be has not passed to the Customer. instructions given to the Supplier will not cause the Supplier to valid for the period stated in the quotation or otherwise for a 10. Personal Property Securities Act 2009 (“PPSA”) infringe any patent, registered design or trademark in the execution period of thirty (30) days. 10.1 In this clause financing statement, financing change statement, of the Customer’s order and the Customer agrees to indemnify the
4.2 The Supplier reserves the right to change the Price if a variation to security agreement, and security interest has the meaning given to Supplier against any action taken by a third party against the the Supplier’s quotation is requested. it by the PPSA. Supplier in respect of any such infringement.
4.3 At the Supplier’s sole discretion a non-refundable deposit may be 10.2 Upon assenting to these terms and conditions in writing the 13.3 The Customer agrees that the Supplier may (at no cost) use for the required. Customer acknowledges and agrees that these terms and purposes of marketing or entry into any competition, any
4.4 Time for payment for the Goods/Equipment being of the essence, conditions constitute a security agreement for the purposes of the documents, designs, drawings or Goods which the Supplier has the Price will be payable by the Customer on the date/s determined PPSA and creates a security interest in all Goods/Equipment that created for the Customer.
Equipment Hire Equipment shall at all times remain the property of the Supplier and is returnable on demand by the Supplier. In the event that Equipment is not returned to the Supplier in the condition in which it was delivered the Supplier retains the right to charge the Customer the full cost of repairing the Equipment. In the event that Equipment is not returned at all the Supplier shall have right to charge the Customer the full cost of replacing the Equipment.
The Customer shall:
(a) keep the Equipment in their own possession and control and shall not assign the benefit of the Equipment nor be entitled to a lien over the Equipment.
(b) not alter or make any additions to the Equipment including but without limitation altering, make any additions to, defacing or erasing any identifying mark, plate or number on or in the Equipment or in any other manner interfere with the Equipment.
(c) keep the Equipment, complete with all parts and accessories, clean and in good order as delivered, and shall comply with any maintenance schedule as advised by the Supplier to the Customer.
by the Supplier, which may be: has previously been supplied and that will be supplied in the future
(a) on delivery of the Goods/Equipment; by the Supplier to the Customer. 14. Default and Consequences of Default
(b) before delivery of the Goods/Equipment; 10.3 The Customer undertakes to: 14.1 Interest on overdue invoices shall accrue daily from the date when
(c) by way of instalments/progress payments in accordance with (a) promptly sign any further documents and/or provide any further payment becomes due, until the date of payment, at a rate of two the Supplier’s payment schedule; information (such information to be complete, accurate and up- and a half percent (2.5%) per calendar month (and at the Supplier’s
(d) thirty (30) days following the end of the month in which a to-date in all respects) which the Supplier may reasonably sole discretion such interest shall compound monthly at such a rate) statement is posted to the Customer’s address or address for require to; after as well as before any judgment.
notices; (i) register a financing statement or financing change 14.2 If the Customer owes the Supplier any money the Customer shall
(e) the date specified on any invoice or other form as being the statement in relation to a security interest on the Personal indemnify the Supplier from and against all costs and disbursements date for payment; or Property Securities Register; incurred by the Supplier in recovering the debt (including but not
(f) failing any notice to the contrary, the date which is either seven (ii) register any other document required to be registered by limited to internal administration fees, legal costs on a solicitor and
17.3 The Customer accepts full responsibility for the safekeeping of the Equipment and the Customer agrees to insure, or self insure, the Supplier’s interest in the Equipment and agrees to indemnify the Supplier against physical loss or damage including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks and will effect adequate Public Liability Insurance covering any loss, damage or injury to property or persons arising out of the use of the Equipment. Further the Customer will not use the Equipment nor permit it to be used in such a manner as would permit an insurer to decline any claim.
(7) or fourteen (14) days following the date of any invoice given the PPSA; or own client basis, the Supplier’s contract default fee, and bank 18. to the Customer by the Supplier. (iii) correct a defect in a statement referred to in clause dishonour fees). 18.1
4.5 Payment may be made by cash, cheque, bank cheque, 10.3(a)(i) or 10.3(a)(ii); 14.3 Without prejudice to any other remedies the Supplier may have, if at electronic/on-line banking, credit card (plus a surcharge of up to two (b) indemnify, and upon demand reimburse, the Supplier for all any time the Customer is in breach of any obligation (including and a half percent (2.5%) of the Price), or by any other method as expenses incurred in registering a financing statement or those relating to payment) under these terms and conditions the agreed to between the Customer and the Supplier. financing change statement on the Personal Property Supplier may suspend or terminate the supply of Goods/Equipment
4.6 Unless otherwise stated the Price does not include GST. In addition Securities Register established by the PPSA or releasing any to the Customer. The Supplier will not be liable to the Customer for 19. to the Price the Customer must pay to the Supplier an amount equal Goods/Equipment charged thereby; any loss or damage the Customer suffers because the Supplier has to any GST the Supplier must pay for any supply by the Supplier (c) not register a financing change statement in respect of a exercised its rights under this clause.
under this or any other agreement for the sale of the Goods/hire of security interest without the prior written consent of the 14.4 Without prejudice to the Supplier’s other remedies at law the the Equipment. The Customer must pay GST, without deduction or Supplier; Supplier shall be entitled to cancel all or any part of any order of the set off of any other amounts, at the same time and on the same (d) not register, or permit to be registered, a financing statement or Customer which remains unfulfilled and all amounts owing to the basis as the Customer pays the Price. In addition the Customer a financing change statement in relation to the Supplier shall, whether or not due for payment, become immediately must pay any other taxes and duties that may be applicable in Goods/Equipment in favour of a third party without the prior payable if:
addition to the Price except where they are expressly included in the written consent of the Supplier; (a) any money payable to the Supplier becomes overdue, or in the Price. (e) immediately advise the Supplier of any material change in its Supplier’s opinion the Customer will be unable to make a business practices of selling Goods which would result in a payment when it falls due; 21.
- Delivery of Goods/Equipment change in the nature of proceeds derived from such sales. (b) the Customer becomes insolvent, convenes a meeting with its 21.1
5.1 Delivery (“Delivery”) of the Goods/Equipment is taken to occur at 10.4 The Supplier and the Customer agree that sections 96, 115 and 125 creditors or proposes or enters into an arrangement with the time that: of the PPSA do not apply to the security agreement created by creditors, or makes an assignment for the benefit of its
(a) the Customer or the Customer’s nominated carrier takes these terms and conditions. creditors; or 21.2 possession of the Goods/Equipment at the Supplier’s address; 10.5 The Customer waives their rights to receive notices under sections (c) a receiver, manager, liquidator (provisional or otherwise) or or 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA. similar person is appointed in respect of the Customer or any 21.3
(b) the Supplier (or the Supplier’s nominated carrier) delivers the 10.6 The Customer waives their rights as a grantor and/or a debtor under asset of the Customer.
Dispute Resolution If a dispute arises between the parties to this contract then either party shall send to the other party a notice of dispute in writing adequately identifying and providing details of the dispute. Within fourteen (14) days after service of a notice of dispute, the parties shall confer at least once, to attempt to resolve the dispute. At any such conference each party shall be represented by a person having authority to agree to a resolution of the dispute. In the event that the dispute cannot be so resolved either party may by further notice in writing delivered by hand or sent by certified mail to the other party refer such dispute to arbitration. Any arbitration shall be:
(a) referred to a single arbitrator to be nominated by the President of the Institute of Arbitrators Australia; and
(b) conducted in accordance with the Institute of Arbitrators Australia Rules for the Conduct of Commercial Arbitration.
Compliance with Laws The Customer and the Supplier shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the Services.
The Customer shall obtain (at the expense of the Customer) all licenses and approvals that may be required for the Services.
Goods/Equipment to the Customer’s nominated address even if sections 142 and 143 of the PPSA.
the Customer is not present at the address. 10.7 Unless otherwise agreed to in writing by the Supplier, the Customer 15. Cancellation
The Customer agrees that the site will comply with any work health and safety (WHS) laws relating to building/construction sites and any other relevant safety standards or legislation.
5.2 At the Supplier’s sole discretion the cost of delivery is either waives their right to receive a verification statement in accordance 15.1 The Supplier may cancel any contract to which these terms and included in the Price or is in addition to the Price. with section 157 of the PPSA. conditions apply or cancel delivery of Goods/Equipment at any time 20.
5.3 The Customer must take delivery by receipt or collection of the 10.8 The Customer must unconditionally ratify any actions taken by the before the Goods/Equipment are due to be delivered by giving Goods/Equipment whenever either is tendered for delivery. In the Supplier under clauses 10.3 to 10.5. written notice to the Customer. On giving such notice the Supplier event that the Customer is unable to take delivery of the 10.9 Subject to any express provisions to the contrary nothing in these shall repay to the Customer any money paid by the Customer for Goods/Equipment as arranged then the Supplier shall be entitled to terms and conditions is intended to have the effect of contracting the Goods/Equipment. The Supplier shall not be liable for any loss 20.1 charge a reasonable fee for redelivery of the Goods/Equipment out of any of the provisions of the PPSA. or damage whatsoever arising from such cancellation.
and/or the storage of the Goods. 15.2 In the event that the Customer cancels delivery of the
5.4 The Supplier may deliver the Goods/Equipment in separate 11. Security and Charge Goods/Equipment the Customer shall be liable for any and all loss instalments. Each separate instalment shall be invoiced and paid in 11.1 In consideration of the Supplier agreeing to supply the incurred (whether direct or indirect) by the Supplier as a direct result accordance with the provisions in these terms and conditions. Goods/Equipment, the Customer charges all of its rights, title and of the cancellation (including, but not limited to, any loss of profits). 21.
5.5 Any time or date given by the Supplier to the Customer is an interest (whether joint or several) in any land, realty or other assets 15.3 Cancellation of orders for Goods/Equipment made to the 21.1 estimate only. The Customer must still accept delivery of the capable of being charged, owned by the Customer either now or in Customer’s specifications, or for non-stocklist items, will definitely Goods/Equipment even if late and the Supplier will not be liable for the future, to secure the performance by the Customer of its not be accepted once production has commenced, or an order has any loss or damage incurred by the Customer as a result of the obligations under these terms and conditions (including, but not been placed. delivery being late. limited to, the payment of any money).
11.2 The Customer indemnifies the Supplier from and against all the 16. Privacy Act 1988
- Risk Supplier’s costs and disbursements including legal costs on a 16.1 The Customer agrees for the Supplier to obtain from a credit
6.1 Risk of damage to or loss of the Goods passes to the Customer on solicitor and own client basis incurred in exercising the Supplier’s reporting body (CRB) a credit report containing personal credit 21.2 Delivery and the Customer must insure the Goods on or before rights under this clause. information (e.g. name, address, D.O.B, occupation, previous credit Delivery. 11.3 The Customer irrevocably appoints the Supplier and each director of applications, credit history) about the Customer in relation to credit
6.2 If any of the Goods are damaged or destroyed following delivery but the Supplier as the Customer’s true and lawful attorney/s to perform provided by the Supplier.
prior to ownership passing to the Customer, the Supplier is entitled all necessary acts to give effect to the provisions of this clause 11 16.2 The Customer agrees that the Supplier may exchange information 21.3 to receive all insurance proceeds payable for the Goods. The including, but not limited to, signing any document on the about the Customer with those credit providers and with related production of these terms and conditions by the Supplier is sufficient Customer’s behalf. body corporates for the following purposes:
evidence of the Supplier’s rights to receive the insurance proceeds (a) to assess an application by the Customer; and/or without the need for any person dealing with the Supplier to make 12. Defects, Warranties and Returns, Competition and Consumer (b) to notify other credit providers of a default by the Customer; further enquiries. Act 2010 (CCA) and/or
6.3 If the Customer requests the Supplier to leave Goods outside the 12.1 The Customer must inspect the Goods/Equipment on delivery and (c) to exchange information with other credit providers as to the Supplier’s premises for collection or to deliver the Goods to an must within seven (7) days of delivery notify the Supplier in writing status of this credit account, where the Customer is in default 21.4 unattended location then such Goods shall be left at the Customer’s of any evident defect/damage, shortage in quantity, or failure to with other credit providers; and/or sole risk. comply with the description or quote. The Customer must notify any (d) to assess the creditworthiness of the Customer including the
6.4 The Customer acknowledges that Goods supplied may exhibit other alleged defect in the Goods/Equipment as soon as reasonably Customer’s repayment history in the preceding two years.
variations in shade, colour, texture, surface and finish, and may possible after any such defect becomes evident. Upon such 16.3 The Customer consents to the Supplier being given a consumer 21.5 fade or change colour over time. The Supplier will make every effort notification the Customer must allow the Supplier to inspect the credit report to collect overdue payment on commercial credit.
to match batches of product supplied in order to minimise such Goods/Equipment. 16.4 The Customer agrees that personal credit information provided may 21.6 variations but shall not be liable in any way whatsoever where such 12.2 Under applicable State, Territory and Commonwealth Law be used and retained by the Supplier for the following purposes variations occur. (including, without limitation the CCA), certain statutory implied (and for other agreed purposes or required by):
6.5 The Customer acknowledges that Goods supplied may: guarantees and warranties (including, without limitation the statutory (a) the provision of Goods/Equipment; and/or
(a) fade or change colour over time; and guarantees under the CCA) may be implied into these terms and (b) analysing, verifying and/or checking the Customer’s credit,
(b) expand, contract or distort as a result of exposure to heat, cold, conditions (Non-Excluded Guarantees). payment and/or status in relation to the provision of weather; and 12.3 The Supplier acknowledges that nothing in these terms and Goods/Equipment; and/or
(c) mark or stain if exposed to certain substances; and conditions purports to modify or exclude the Non-Excluded (c) processing of any payment instructions, direct debit facilities 21.7
(d) be damaged or disfigured by impact or scratching. Guarantees. and/or credit facilities requested by the Customer; and/or
12.4 Except as expressly set out in these terms and conditions or in (d) enabling the collection of amounts outstanding in relation to the
- Customer Responsibilities respect of the Non-Excluded Guarantees, the Supplier makes no Goods/Equipment. 21.8
7.1 It is the intention of the Supplier and agreed by the Customer that it warranties or other representations under these terms and 16.5 The Supplier may give information about the Customer to a CRB for is the responsibility of the Customer to provide and have erected conditions including but not limited to the quality or suitability of the the following purposes:
scaffolding to enable the Services to be undertaken (where in the Goods/Equipment. The Supplier’s liability in respect of these (a) to obtain a consumer credit report; Supplier’s opinion it is deemed necessary). It is also agreed that all warranties is limited to the fullest extent permitted by law. (b) allow the CRB to create or maintain a credit information file scaffolding erected will comply with industry safety standards and about the Customer including credit history.
that any person erecting the scaffolding shall be suitably qualified to 16.6 The information given to the CRB may include:
Building and Construction Industry Payments Act 2004 At the Supplier’s sole discretion, if there are any disputes or claims for unpaid Goods, Services and/or Equipment hire then the provisions of the Building and Construction Industry Payments Act 2004 may apply.
Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the Building and Construction Industry Payments Act 2004 of Queensland, except to the extent permitted by the Act where applicable.
General The failure by the Supplier to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Supplier’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
These terms and conditions and any contract to which they apply shall be governed by the laws of Queensland in which the Supplier has its principal place of business, and are subject to the jurisdiction of the courts of Ipswich in Queensland.
Subject to clause 12, the Supplier shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by the Supplier of these terms and conditions (alternatively the Supplier’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods/Equipment hire).
The Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Customer by the Supplier nor to withhold payment of any invoice because part of that invoice is in dispute.
The Supplier may license or sub-contract all or any part of its rights and obligations without the Customer’s consent.
The Customer agrees that the Supplier may amend these terms and conditions at any time. If the Supplier makes a change to these terms and conditions, then that change will take effect from the date on which the Supplier notifies the Customer of such change. The Customer will be taken to have accepted such changes if the Customer makes a further request for the Supplier to provide Goods/Equipment to the Customer.
Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
The Customer warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
By email: info@haggarty.com.au