Commonly known as Sydney Blue Gum, this beautiful red timber has a fantastic grain. It is also easy to work, dress and fix. It responds well to most finishes and takes a good polish, making it popular for decorative applications where moderate durability is required.
1.1 “Contract” means the terms and conditions contained herein,
together with any Quotation, order, invoice or other document or
amendments expressed to be supplemental to this Contract.
1.2 “Supplier” means Coffs Harbour Hardwoods (Trading) Pty Ltd T/A
Coffs Harbour Hardwoods, its successors and assigns or any person
acting on behalf of and with the authority of Coffs Harbour
Hardwoods (Trading) Pty Ltd T/A Coffs Harbour Hardwoods.
1.3 “Customer” means the person/s, entities or any person acting on
behalf of and with the authority of the Customer requesting the
Supplier to provide the Services as specified in any proposal,
quotation, order, invoice or other documentation, and:
(a) if there is more than one Customer, is a reference to each Customer
jointly and severally; and
(b) if the Customer is a partnership, it shall bind each partner jointly and
(c) if the Customer is a part of a Trust, shall be bound in their capacity
as a trustee; and
(d) includes the Customer’s executors, administrators, successors and
1.4 “Goods” means all Goods or Services supplied by the Supplier to the
Customer at the Customer’s request from time to time (where the
context so permits the terms ‘Goods’ or ‘Services’ shall be
interchangeable for the other).
1.5 “Confidential Information” means information of a confidential nature
whether oral, written or in electronic form including, but not limited to,
this Contract, either party’s intellectual property, operational
information, know-how, trade secrets, financial and commercial
affairs, contracts, client information (including but not limited to,
“Personal Information” such as: name, address, D.O.B,
occupation, driver’s license details, electronic contact (email,
Facebook or Twitter details), medical insurance details or next of kin
and other contact information (where applicable), previous credit
applications, credit history) and pricing details.
1.6 “Cookies” means small files which are stored on a user’s computer.
They are designed to hold a modest amount of data (including
Personal Information) specific to a particular client and website, and
can be accessed either by the web server or the client’s computer. If
the Customer does not wish to allow Cookies to operate in the
background when ordering from the website, then the
Customer shall have the right to enable / disable the Cookies
first by selecting the option to enable / disable provided on the
website, prior to ordering Goods via the website.
1.7 “Price” means the Price payable (plus any GST where applicable) for
the Goods as agreed between the Supplier and the Customer in
accordance with clause 5 below.
1.8 “GST” means Goods and Services Tax as defined within the “A New
Tax System (Goods and Services Tax) Act 1999” (Cth).
2.1 The Customer is taken to have exclusively accepted and is
immediately bound, jointly and severally, by these terms and
conditions if the Customer places an order for or accepts Delivery of
2.2 In the event of any inconsistency between the terms and conditions
of this Contract and any other prior document or schedule that the
parties have entered into, the terms of this Contract shall prevail.
2.3 Any amendment to the terms and conditions contained in this
Contract may only be amended in writing by the consent of both
2.4 The Customer acknowledges and accepts that:
(a) the supply of Goods on credit shall not take effect until the Customer
has completed a credit application with the Supplier and it has been
approved with a credit limit established for the account; and
(b) in the event that the supply of Goods request exceeds the
Customers credit limit and/or the account exceeds the payment
terms, the Supplier reserves the right to refuse Delivery; and
(c) the supply of Goods for accepted orders may be subject to
availability and if, for any reason, Goods are not or cease to be
available, the Supplier reserves the right to vary the Price with
alternative Goods as per clause 5.2(c), subject to prior confirmation
and agreement of both parties. The Supplier also reserves the right
to halt all Services until such time as the Supplier and the Customer
agree to such changes. The Supplier shall not be liable to the
Customer for any loss or damage the Customer suffers due to the
Suppllier exercising its rights under this clause.
2.5 Any advice, recommendation, information, assistance or service
provided by the Supplier in relation to Goods or Services supplied is
given in good faith, is based on the Supplier’s own knowledge and
experience and shall be accepted without liability on the part of the
Supplier and it shall be the responsibility of the Customer to confirm
the accuracy and reliability of the same in light of the use to which
the Customer makes or intends to make of the Goods or Services.
2.6 In the event that the Supplier is required to provide the Services
outside of the normal business hours of between 8.30am to 5.00pm
Monday to Friday, (including but not limited to Public Holidays), then
the Supplier reserves the right to charge the Customer additional
labour costs (penalty rates will apply), unless otherwise agreed
between the Supplier and the Customer.
2.7 Electronic signatures shall be deemed to be accepted by either party
providing that the parties have complied with Section 9 of the
Electronic Transactions Act 2000 or any other applicable provisions
of that Act or any Regulations referred to in that Act.
3.1 The Customer acknowledges and accepts that the Supplier shall,
without prejudice, accept no liability in respect of any alleged or
actual error(s) and/or omission(s):
(a) resulting from an inadvertent mistake made by the Supplier in the
formation and/or administration of this Contract; and/or
(b) contained in/omitted from any literature (hard copy and/or electronic)
supplied by the Supplier in respect of the Services.
3.2 In the event such an error and/or omission occurs in accordance
with clause 3.1, and is not attributable to the negligence and/or wilful
misconduct of the Supplier; the Customer shall not be entitled to
treat this Contract as repudiated nor render it invalid.
4.1 The Customer shall give the Supplier not less than fourteen (14)
days prior written notice of any proposed change of ownership of the
Customer and/or any other change in the Customer’s details
(including but not limited to, changes in the Customer’s name,
address, contact phone or fax number/s, change of trustees, or
business practice). The Customer shall be liable for any loss
incurred by the Supplier as a result of the Customer’s failure to
comply with this clause.
5.1 At the Supplier’s sole discretion, the Price shall be either:
(a) as indicated on any invoice provided by the Supplier to the
(b) the Price as at the date of Delivery of the Goods according to the
Supplier’s current price list; or
(c) the Supplier’s quoted price (subject to clause 5.2) which will be valid
for the period stated in the quotation or otherwise for a period of
thirty (30) days.
5.2 The Supplier reserves the right to change the Price:
(a) if a variation to the Goods which are to be supplied is requested; or
(b) if a variation to the Services originally scheduled (including any
applicable plans or specifications) is requested; or
(c) if during the course of the Services, the Goods are not or cease to
be available from the Supplier’s third party suppliers, then the
Supplier reserves the right to provide alternative Goods; or
(d) in the event of increases to the Supplier in the cost of labour or
materials (including, but not limited to, any variation as a result of
fluctuations in currency exchange rates or increases to the Supplier
in the cost of taxes, levies, freight and insurance charges, or delays
in shipment etc.) which are beyond the Supplier’s control.
5.3 Variations will be charged for on the basis of the Supplier’s
quotation, and will be detailed in writing, and shown as variations on
the Supplier’s invoice. The Customer shall be required to respond to
any variation submitted by the Supplier within ten (10) working days.
Failure to do so will entitle the Supplier to add the cost of the
variation to the Price. Payment for all variations must be made in full
at the time of their completion.
5.4 At the Supplier’s sole discretion, a non-refundable deposit may be
5.5 Time for payment for the Goods being of the essence, the Price will
be payable by the Customer on the date/s determined by the
Supplier, which may be:
(a) on Delivery of the Goods;
(b) before Delivery of the Goods;
(c) by way of instalments/progress payments in accordance with the
Supplier’s payment schedule;
(d) thirty (30) days following the end of the month in which a statement
is posted to the Customer’s address or address for notices;
(e) the date specified on any invoice or other form as being the date for
(f) failing any notice to the contrary, the date which is seven (7) days
following the date of any invoice given to the Customer by the
5.6 The Supplier may, at the Supplier’s discretion, charge additional
Delivery costs for any excessive weight of the Goods.
5.7 Payment may be made by cash, cheque, bank cheque,
electronic/on-line banking, credit card (a surcharge may apply per
transaction), or by any other method as agreed to between the
Customer and the Supplier.
5.8 The Supplier may in its discretion allocate any payment received
from the Customer towards any invoice that the Supplier determines
and may do so at the time of receipt or at any time afterwards. On
any default by the Customer the Supplier may re-allocate any
payments previously received and allocated. In the absence of any
payment allocation by the Supplier, payment will be deemed to be
allocated in such manner as preserves the maximum value of the
Supplier’s Purchase Money Security Interest (as defined in the
PPSA) in the Goods.
5.9 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.
5.10 Unless otherwise stated the Price does not include GST. In addition
to the Price, the Customer must pay to the Supplier an amount equal
to any GST the Supplier must pay for any supply by the Supplier
under this or any other agreement for the sale of the Goods. The
Customer must pay GST, without deduction or set off of any other
amounts, at the same time and on the same basis as the Customer
pays the Price. In addition, the Customer must pay any other taxes
and duties that may be applicable in addition to the Price except
where they are expressly included in the Price.
6.1 Delivery (“Delivery”) of the Goods is taken to occur at the time that:
(a) the Customer or the Customer’s nominated carrier takes possession
of the Goods at the Supplier’s address; or
(b) the Supplier (or the Supplier’s nominated carrier) delivers the Goods
to the Customer’s nominated address even if the Customer is not
present at the address.
6.2 At the Supplier’s sole discretion, the cost of Delivery is either
included in the Price or is in addition to the Price.
6.3 Any time specified by the Supplier for Delivery of the Goods is an
estimate only. The Customer must take Delivery by receipt or
collection of the Goods whenever they are tendered for Delivery.
The Supplier will not be liable for any loss or damage incurred by the
Customer as a result of Delivery being late. In the event that the
Customer is unable to take Delivery of the Goods as arranged then
the Supplier shall be entitled to charge a reasonable fee for
redelivery and/or storage.
6.4 The Supplier may deliver the Goods in separate instalments. Each
separate instalment shall be invoiced and paid in accordance with
the provisions in these terms and conditions.
6.5 The Supplier’s crane trucks shall only deliver the Goods to the
kerbside. Placement at the kerbside shall be at the Supplier’s
6.6 The Supplier shall not be liable for any damage to property or
persons where the Customer has requested the Supplier to place
the Goods at an alternative site.
6.7 For Delivery by a third party contractor, the Customer, or the
Customer’s authorised representative shall be on site to receive the
Goods. Unloading of the Goods shall be at the Customer ‘s
expense. Where no assistance is provided by the Customer, the
Supplier reserves the right to charge additional labour costs for the
unloading of the vehicle, in accordance with clause 5.2.
6.8 The Customer accepts and acknowledges that the Supplier will not
deliver the Goods in inclement weather to prevent damage to the
Goods. The Supplier will not be liable for any damage to the Goods
where the Customer has requested, in writing, for the Goods to be
delivered in such weather conditions.
7.1 Risk of damage to or loss of the Goods passes to the Customer on
Delivery and the Customer must insure the Goods on or before
7.2 If any of the Goods are damaged or destroyed following Delivery but
prior to ownership passing to the Customer, the Supplier is entitled
to receive all insurance proceeds payable for the Goods. The
production of these terms and conditions by the Supplier is sufficient
evidence of the Supplier’s rights to receive the insurance proceeds
without the need for any person dealing with the Supplier to make
7.3 If the Customer requests the Supplier to leave Goods outside the
Supplier’s premises for collection or to deliver the Goods to an
unattended location, then such Goods shall be left at the Customer’s
7.4 The Supplier shall be entitled to rely on the accuracy of any plans,
specifications and other information provided by the Customer. The
Customer acknowledges and agrees that in the event that any of this
information provided by the Customer is inaccurate, the Supplier
accepts no responsibility for any loss, damages, or costs however
resulting from these inaccurate plans, specifications or other
7.5 Timber is a natural product and as such may exhibit variations in
texture, shade, colour, surface, finish, markings, veining, and contain
natural fissures, occlusions, and indentations.. Whilst every effort will
be taken by the Supplier to match colour, texture and marking of
such natural products, the Supplier shall not be liable for any loss,
damages or costs (howsoever arising), resulting from any variation
in colour, texture and marking between batches, or sale samples,
and the final Goods provided.
7.6 The Customer acknowledges and accepts that Goods supplied may
(a) expand, contract or distort as a result of exposure to heat, cold,
(b) mark or stain if exposed to certain substances; and
(c) be damaged or disfigured by impact or scratching.
7.7 Timber is a hydroscopic material subject to expansion and
contraction, therefore the Supplier will accept no responsibility for
gaps that may appear during prolonged dry periods.
8.1 The Customer shall ensure that the Supplier has clear and free
access to the site at all times to enable them to undertake the
Services. The Supplier shall not be liable for any loss or damage to
the site (including, without limitation, damage to pathways,
driveways and concreted or paved or grassed areas) unless due to
the negligence of the Supplier.
9.1 The Supplier and the Customer agree that ownership of the Goods
shall not pass until:
(a) the Customer has paid the Supplier all amounts owing to the
(b) the Customer has met all of its other obligations to the Supplier.
9.2 Receipt by the Supplier of any form of payment other than cash shall
not be deemed to be payment until that form of payment has been
honoured, cleared or recognised.
9.3 It is further agreed that, until ownership of the Goods passes to the
Customer in accordance with clause 9.1:
(a) the Customer is only a bailee of the Goods and must return the
Goods to the Supplier on request;
(b) the Customer holds the benefit of the Customer’s insurance of the
Goods on trust for the Supplier and must pay to the Supplier the
proceeds of any insurance in the event of the Goods being lost,
damaged or destroyed;
(c) the Customer must not sell, dispose, or otherwise part with
possession of the Goods other than in the ordinary course of
business and for market value. If the Customer sells, disposes or
parts with possession of the Goods then the Customer must hold the
proceeds of any such act on trust for the Supplier and must pay or
deliver the proceeds to the Supplier on demand;
(d) the Customer should not convert or process the Goods or intermix
them with other goods but if the Customer does so then the
Customer holds the resulting product on trust for the benefit of the
Supplier and must sell, dispose of or return the resulting product to
the Supplier as it so directs;
(e) the Customer irrevocably authorises the Supplier to enter any
premises where the Supplier believes the Goods are kept and
recover possession of the Goods;
(f) the Supplier may recover possession of any Goods in transit
whether or not Delivery has occurred;
(g) the Customer shall not charge or grant an encumbrance over the
Goods nor grant nor otherwise give away any interest in the Goods
while they remain the property of the Supplier;
(h) the Supplier may commence proceedings to recover the Price of the
Goods sold notwithstanding that ownership of the Goods has not
passed to the Customer.
10.1 In this clause financing statement, financing change statement,
security agreement, and security interest has the meaning given to it
by the PPSA.
10.2 Upon assenting to these terms and conditions in writing the
Customer acknowledges and agrees that these terms and conditions
constitute a security agreement for the purposes of the PPSA and
creates a security interest in all Goods and/or collateral (account) –
being a monetary obligation of the Customer to the Supplier for
Services – that have previously been supplied and that will be
supplied in the future by the Supplier to the Customer.
10.3 The Customer undertakes to:
(a) promptly sign any further documents and/or provide any further
information (such information to be complete, accurate and up-todate in all respects) which the Supplier may reasonably require to;
(i) register a financing statement or financing change statement in
relation to a security interest on the Personal Property Securities
(ii) register any other document required to be registered by the
(iii) correct a defect in a statement referred to in clause 10.3(a)(i) or
(b) indemnify, and upon demand reimburse, the Supplier for all
expenses incurred in registering a financing statement or financing
change statement on the Personal Property Securities Register
established by the PPSA or releasing any Goods charged thereby;
(c) not register a financing change statement in respect of a security
interest without the prior written consent of the Supplier;
(d) not register, or permit to be registered, a financing statement or a
financing change statement in relation to the Goods and/or collateral
(account) in favour of a third party without the prior written consent of
(e) immediately advise the Supplier of any material change in its
business practices of selling the Goods which would result in a
change in the nature of proceeds derived from such sales.
10.4 The Supplier and the Customer agree that sections 96, 115 and 125
of the PPSA do not apply to the security agreement created by these
terms and conditions.
10.5 The Customer waives their rights to receive notices under sections
95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
10.6 The Customer waives their rights as a grantor and/or a debtor under
sections 142 and 143 of the PPSA.
10.7 Unless otherwise agreed to in writing by the Supplier, the Customer
waives their right to receive a verification statement in accordance
with section 157 of the PPSA.
10.8 The Customer must unconditionally ratify any actions taken by the
Supplier under clauses 10.3 to 10.5.
10.9 Subject to any express provisions to the contrary (including those
contained in this clause 10), nothing in these terms and conditions is
intended to have the effect of contracting out of any of the provisions
of the PPSA.
11.1 In consideration of the Supplier agreeing to supply the Goods, the
Customer charges all of its rights, title and interest (whether joint or
several) in any land, realty or other assets capable of being charged,
owned by the Customer either now or in the future, to secure the
performance by the Customer of its obligations under these terms
and conditions (including, but not limited to, the payment of any
11.2 The Customer indemnifies the Supplier from and against all the
Supplier’s costs and disbursements including legal costs on a
solicitor and own client basis incurred in exercising the Supplier’s
rights under this clause.
11.3 The Customer irrevocably appoints the Supplier and each director of
the Supplier as the Customer’s true and lawful attorney/s to perform
all necessary acts to give effect to the provisions of this clause 11
including, but not limited to, signing any document on the
12.1 The Customer must inspect the Goods on Delivery and must within
seven (7) days of Delivery notify the Supplier in writing of any
evident defect/damage, shortage in quantity, or failure to comply with
the description or quote. The Customer must notify any other alleged
defect in the Goods as soon as reasonably possible after any such
defect becomes evident. Upon such notification the Customer must
allow the Supplier to inspect the Goods.
12.2 Under applicable State, Territory and Commonwealth Law
(including, without limitation the CCA), certain statutory implied
guarantees and warranties (including, without limitation the statutory
guarantees under the CCA) may be implied into these terms and
conditions (Non-Excluded Guarantees).
12.3 The Supplier acknowledges that nothing in these terms and
conditions purports to modify or exclude the Non-Excluded
12.4 Except as expressly set out in these terms and conditions or in
respect of the Non-Excluded Guarantees, the Supplier makes no
warranties or other representations under these terms and
conditions including but not limited to the quality or suitability of the
Goods. The Supplier’s liability in respect of these warranties is
limited to the fullest extent permitted by law.
12.5 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
12.6 If the Supplier is required to replace the Goods under this clause or
the CCA, but is unable to do so, the Supplier may refund any money
the Customer has paid for the Goods.
12.7 If the Customer is not a consumer within the meaning of the CCA,
the Supplier’s liability for any defect or damage in the Goods is:
(a) limited to the value of any express warranty or warranty card
provided to the Customer by the Supplier at the Supplier’s sole
(b) limited to any warranty to which the Supplier is entitled, if the
Supplier did not manufacture the Goods;
(c) otherwise negated absolutely.
12.8 Subject to this clause 12, returns will only be accepted provided that:
(a) the Customer has complied with the provisions of clause 12.1; and
(b) the Supplier has agreed that the Goods are defective; and
(c) the Goods are returned within a reasonable time at the Customer’s
cost (if that cost is not significant); and
(d) the Goods are returned in as close a condition to that in which they
were delivered as is possible.
12.9 Notwithstanding clauses 12.1 to 12.8 but subject to the CCA, the
Supplier shall not be liable for any defect or damage which may be
caused or partly caused by or arise as a result of:
(a) the Customer failing to properly maintain or store any Goods;
(b) the Customer using the Goods for any purpose other than that for
which they were designed;
(c) the Customer continuing the use of any Goods after any defect
became apparent or should have become apparent to a reasonably
prudent operator or user;
(d) the Customer failing to follow any instructions or guidelines provided
by the Supplier;
(e) fair wear and tear, any accident, or act of God.
12.10 The Supplier may in its absolute discretion accept non-defective
Goods for return in which case the Supplier may require the
Customer to pay handling fees of up to twenty-five percent (25%) of
the value of the returned Goods plus any freight costs.
12.11 Notwithstanding anything contained in this clause if the Supplier is
required by a law to accept a return then the Supplier will only
accept a return on the conditions imposed by that law.
12.12 Subject to clause 12.1, customised, or non-stocklist items or Goods
made or ordered to the Customer’s specifications are not acceptable
for credit or return.
13.1 Where the Supplier has designed, drawn or developed Goods for the
Customer, then the copyright in any designs and drawings and
documents shall remain the property of the Supplier. Under no
circumstances may such designs, drawings and documents be used
without the express written approval of the Supplier.
13.2 The Customer warrants that all designs, specifications or instructions
given to the Supplier will not cause the Supplier to infringe any
patent, registered design or trademark in the execution of the
Customer’s order and the Customer agrees to indemnify the
Supplier against any action taken by a third party against the
Supplier in respect of any such infringement.
13.3 The Customer agrees that the Supplier may (at no cost) use for the
purposes of marketing or entry into any competition, any documents,
designs, drawings or Goods which the Supplier has created for the
14.1 Interest on overdue invoices shall accrue daily from the date when
payment becomes due, until the date of payment, at a rate of two
and a half percent (2.5%) per calendar month (and at the Supplier’s
sole discretion such interest shall compound monthly at such a rate)
after as well as before any judgment.
14.2 If the Customer owes the Supplier any money the Customer shall
indemnify the Supplier from and against all costs and disbursements
incurred by the Supplier in recovering the debt (including but not
limited to internal administration fees, legal costs on a solicitor and
own client basis, the Supplier’s contract default fee, and bank
14.3 Further to any other rights or remedies the Supplier may have under
this Contract, if a Customer has made payment to the Supplier, and
the transaction is subsequently reversed, the Customer shall be
liable for the amount of the reversed transaction, in addition to any
further costs incurred by the Supplier under this clause 14 where it
can be proven that such reversal is found to be illegal, fraudulent or
in contravention to the Customer’s obligations under this Contract.
14.4 Without prejudice to the Supplier’s other remedies at law the
Supplier shall be entitled to cancel all or any part of any order of the
Customer which remains unfulfilled and all amounts owing to the
Supplier shall, whether or not due for payment, become immediately
(a) any money payable to the Supplier becomes overdue, or in the
Supplier’s opinion the Customer will be unable to make a payment
when it falls due;
(b) the Customer has exceeded any applicable credit limit provided by
(c) the Customer becomes insolvent, convenes a meeting with its
creditors or proposes or enters into an arrangement with creditors, or
makes an assignment for the benefit of its creditors; or
(d) a receiver, manager, liquidator (provisional or otherwise) or similar
person is appointed in respect of the Customer or any asset of the
15.1 Without prejudice to any other remedies the Supplier may have, if at
any time the Customer is in breach of any obligation (including those
relating to payment) under these terms and conditions the Supplier
may suspend or terminate the supply of Goods to the Customer. The
Supplier will not be liable to the Customer for any loss or damage
the Customer suffers because the Supplier has exercised its rights
under this clause.
15.2 The Supplier may cancel any contract to which these terms and
conditions apply or cancel Delivery of Goods at any time before the
Goods are delivered by giving written notice to the Customer. On
giving such notice the Supplier shall repay to the Customer any
money paid by the Customer for the Goods. The Supplier shall not
be liable for any loss or damage whatsoever arising from such
15.3 In the event that the Customer cancels Delivery of Goods the
Customer shall be liable for any and all loss incurred (whether direct
or indirect) by the Supplier as a direct result of the cancellation
(including, but not limited to, any loss of profits).
15.4 Cancellation of orders for Goods made to the Customer’s
specifications, or for non-stocklist items, will definitely not be
accepted once production has commenced, or an order has been
16.1 All emails, documents, images or other recorded information held or
used by the Supplier is Personal Information, as defined and
referred to in clause 16.3, and therefore considered Confidential
Information. The Supplier acknowledges its obligation in relation to
the handling, use, disclosure and processing of Personal Information
pursuant to the Privacy Act 1988 (“the Act”) including the Part IIIC of
the Act being Privacy Amendment (Notifiable Data Breaches) Act
2017 (NDB) and any statutory requirements, where relevant in a
European Economic Area (“EEA”), under the EU Data Privacy Laws
(including the General Data Protection Regulation “GDPR”)
(collectively, “EU Data Privacy Laws”). The Supplier acknowledges
that in the event it becomes aware of any data breaches and/or
disclosure of the Customers Personal Information, held by the
Supplier that may result in serious harm to the Customer, the
Supplier will notify the Customer in accordance with the Act and/or
the GDPR. Any release of such Personal Information must be in
accordance with the Act and the GDPR (where relevant) and must
be approved by the Customer by written consent, unless subject to
an operation of law.
16.2 Notwithstanding clause 16.1, privacy limitations will extend to the
Supplier in respect of Cookies where transactions for
purchases/orders transpire directly from the Supplier’s website. The
Supplier agrees to display reference to such Cookies and/or similar
tracking technologies, such as pixels and web beacons (if
applicable), such technology allows the collection of Personal
Information such as the Customer’s:
(a) IP address, browser, email client type and other similar details;
(b) tracking website usage and traffic; and
(c) reports are available to the Supplier when the Supplier sends an
email to the Customer, so the Supplier may collect and review that
information (“collectively Personal Information”)
In order to enable / disable the collection of Personal Information by
way of Cookies, the Customer shall have the right to enable / disable
the Cookies first by selecting the option to enable / disable, provided
on the website prior to proceeding with a purchase/order via the
16.3 The Customer agrees for the Supplier to obtain from a credit
reporting body (CRB) a credit report containing personal credit
information (e.g. name, address, D.O.B, occupation, driver’s license
details, electronic contact (email, Facebook or Twitter details),
medical insurance details or next of kin and other contact information
(where applicable), previous credit applications, credit history) about
the Customer in relation to credit provided by the Supplier.
16.4 The Customer agrees that the Supplier may exchange information
about the Customer with those credit providers and with related body
corporates for the following purposes:
(a) to assess an application by the Customer; and/or
(b) to notify other credit providers of a default by the Customer; and/or
(c) to exchange information with other credit providers as to the status
of this credit account, where the Customer is in default with other
credit providers; and/or
(d) to assess the creditworthiness of the Customer including the
Customer’s repayment history in the preceding two (2) years.
16.5 The Customer consents to the Supplier being given a consumer
credit report to collect overdue payment on commercial credit.
16.6 The Customer agrees that personal credit information provided may
be used and retained by the Supplier for the following purposes (and
for other agreed purposes or required by):
(a) the provision of Goods; and/or
(b) analysing, verifying and/or checking the Customer’s credit, payment
and/or status in relation to the provision of Goods; and/or
(c) processing of any payment instructions, direct debit facilities and/or
credit facilities requested by the Customer; and/or
(d) enabling the collection of amounts outstanding in relation to the
16.7 The Supplier may give information about the Customer to a CRB for
the following purposes:
(a) to obtain a consumer credit report;
(b) allow the CRB to create or maintain a credit information file about
the Customer including credit history.
16.8 The information given to the CRB may include:
(a) Personal Information as outlined in 16.3 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).
16.9 The Customer shall have the right to request (by e-mail) from the
(a) a copy of the Personal Information about the Customer retained by
the Supplier and the right to request that the Supplier correct any
incorrect Personal Information; and
(b) that the Supplier does not disclose any Personal Information about
the Customer for the purpose of direct marketing.
16.10 The Supplier will destroy Personal Information upon the Customer’s
request (by e-mail) or if it is no longer required unless it is required in
order to fulfil the obligations of this Contract or is required to be
maintained and/or stored in accordance with the law.
16.11 The Customer can make a privacy complaint by contacting the
Supplier via e-mail. The Supplier will respond to that complaint within
seven (7) days of receipt and will take all reasonable steps to make
a decision as to the complaint within thirty (30) days of receipt of the
complaint. In the event that the Customer is not satisfied with the
resolution provided, the Customer can make a complaint to the
Information Commissioner at www.oaic.gov.au.
17.1 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.
17.2 The Customer shall obtain (at the expense of the Customer) all
licenses and approvals that may be required for the Services.
17.3 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.
18.1 If the Customer at any time upon or subsequent to entering in to the
Contract is acting in the capacity of trustee of any trust (“Trust”) then
whether or not the Supplier may have notice of the Trust, the
Customer covenants with the Supplier as follows:
(a) the Contract extends to all rights of indemnity which the Customer
now or subsequently may have against the Trust and the trust fund;
(b) the Customer has full and complete power and authority under the
Trust to enter into the Contract and the provisions of the Trust do not
purport to exclude or take away the right of indemnity of the
Customer against the Trust or the trust fund. The Customer will not
release the right of indemnity or commit any breach of trust or be a
party to any other action which might prejudice that right of
(c) the Customer will not without consent in writing of the Supplier (the
Supplier will not unreasonably withhold consent), cause, permit, or
suffer to happen any of the following events:
(i) the removal, replacement or retirement of the Customer as
trustee of the Trust;
(ii) any alteration to or variation of the terms of the Trust;
(iii) any advancement or distribution of capital of the Trust; or
(iv) any resettlement of the trust property.
19.1 The failure by either party to enforce any provision of these terms
and conditions shall not be treated as a waiver of that provision, nor
shall it affect that party’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.
19.2 These terms and conditions and any contract to which they apply
shall be governed by the laws of the state in which the Supplier has
its principal place of business, and are subject to the jurisdiction of
the courts in that state.
19.3 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
19.4 The Supplier may licence and/or assign all or any part of its rights
and/or obligations under this Contract without the Customer’s
19.5 The Customer cannot licence or assign without the written approval
of the Supplier.
19.6 The Supplier may elect to subcontract out any part of the Services
but shall not be relieved from any liability or obligation under this
Contract by so doing. Furthermore, the Customer agrees and
understands that they have no authority to give any instruction to
any of the Supplier’s sub-contractors without the authority of the
19.7 The Customer agrees that the Supplier may amend their general
terms and conditions for subsequent future contracts with the
Customer by disclosing such to the Customer in writing. These
changes shall be deemed to take effect from the date on which the
Customer accepts such changes, or otherwise at such time as the
Customer makes a further request for the Supplier to provide Goods
to the Customer.
19.8 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.
19.9 Both parties warrant that they have the power to enter into this
Contract and have obtained all necessary authorisations to allow
them to do so, they are not insolvent and that this Contract creates
binding and valid legal obligations on them.