Term of Service

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Term of Service

1. These Terms and Conditions apply to the supply of goods and services of Construction Supply & Service Pty Ltd ABN 35 625 107 271 (“Supplier”) to a Customer.

2. Goods and Services.
The Supplier may offer and the Customer may accept any of the following goods and services (“Goods and Services”) provided by the Supplier:
a. leasing;
b. design;
c. project management;
d. construction;
e. equipment supply (including electric bicycles);
f. equipment design;
g. small wares supply;
h. freight;
i. printing and graphics;
j. HVAC;
k. Equipment repairs;
l. scheduled servicing;
m. test and tag;
n. 24 hour emergency breakdown,
or any other goods or services as nominated in a Supplier quote or Invoice.

3. Term.
The Term of this Agreement commences from the Commencement Date until the Expiry Date. Unless otherwise terminated pursuant to these Terms and Conditions.

4A. Termination for Convenience.
The Supplier may terminate this Agreement for any reason by giving at least 60 days’ written notice to the Customer.
Termination or expiration of this Agreement shall not relieve either party of its obligations accrued or due prior to the date of termination or expiry.

4. Prices.
Prices are as per the Supplier website http://www.constructionsupplyservice.com.au/ or a quote where provided.

5. Additional charges.
In addition to the prices outlined in on the Supplier website or a quote, the Supplier may charge to the Customer:
a. freight costs for Goods (in accordance with the Shipping Policy);
b. re-delivery fees, storage and insurance in certain instances.

6. Cancellation by Customer.
You may cancel an order at any time prior to the dispatch of that order (whether it is accepted by us or not) by contacting our Customer Services team on 1300 720 622 during contact hours being Monday to Friday 8.30 am to 2.30pm AEST (Brisbane time), excluding public holidays.
On cancelling the Order, we will refund you your payment to your original payment method or through an alternative means. If we cannot stop the shipment of the order at the time of cancellation, then you will be required to accept delivery and then return the products to the Supplier in order to receive a refund in accordance with our Returns Policy.

7. Cancellation by Supplier.
We may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if: any item in that order is not available; there is an error in the price or the product description posted on the Supplier website for the Good in that order; or Supplier reasonably believes your order has been placed in breach of these Terms and Conditions.
For the avoidance of doubt, where due to an error the price published or advertised for Goods and/or Services is incorrect, the Supplier will not be required to honour the incorrect price.

8. Returns.
Refer to the Returns Policy for further information.

9. Place of delivery.
Unless otherwise agreed, the place of delivery is the Customer’s principal place of business and due delivery shall be deemed to have been made to the Customer upon discharge of the Goods from the Supplier’s transport at the Customer’s principal place of business.
Any time which the Supplier quotes for delivery is an estimate only and time for delivery shall not be made of the essence by notice. The Customer shall have no claim against the Supplier if the Supplier cancels the order or fails to deliver (for any reason) the Goods or there was a delay in the delivery of the Goods.

10. Delivery requirements.
You agree to comply with the following delivery requirements and such other requirements that we notify you of when you place your order:
a. An appropriate person must be present to accept the delivery of your order.
b. We may require the person accepting the delivery of your order to:
i. provide us with proof of that person’s identity (including photographic identification) and, where relevant, age; and
ii. if the order has been paid by credit card, then we may also need to view that relevant credit card.
11. If there is no appropriate person (for example, above 18 years old for restricted products) at the delivery address to receive the order or you are unable to show us the credit card for us to conduct verification checks, then we will not deliver the Goods you have ordered.

12. You:
a. acknowledge and agree that any person at the delivery address who receives the Goods is authorised by you to receive your order; and
b. will ensure that, in the case of restricted products, the person authorised by you to receive your order is over the required age as prescribed by law or as otherwise set out in these terms and conditions.

13. We will not deliver a restricted product to a person who is unable to prove that he or she is over the required age as prescribed by law or as otherwise set out in these terms and conditions. In this instance, we may endeavour to contact you to arrange for delivery at a different time (you may be charged an additional delivery fee for that re-delivery), or we may cancel the order and refund any amounts paid for that order under these terms and conditions (excluding the delivery fee).

14. Acceptance of Delivery.
If
a. the Customer will not or does not accept delivery when the Goods are ready for delivery; or
b. the Supplier or its agent cannot effect delivery because the Supplier or its agent considers at the time of delivery that delivery would be hazardous or would be contrary to their policies, industry practice or statutory requirements; or
c. because the Customer has not provided the Supplier with appropriate instructions, documents, licences or authorisations to properly, legally and safely effect delivery of the Goods,
risk in the Goods passes to the Customer, the Goods will be deemed delivered, and the Supplier may store the Goods until actual delivery, in which case, the customer will be liable to the Supplier for all related costs, such as re-delivery charges, storage and insurance.

15. Risk.
The Goods are at the Customer’s risk once delivered.
Goods delivered are used, stored and installed at the Customer’s own risk. The Supplier will not be liable for any damage, loss or disruption caused by the same. Where installation/disconnection services have been ordered by the Customer, further charges, terms and conditions may apply as communicated by the Supplier to the Customer before delivery.
For further information regarding delivery, please refer to the Shipping Policy.

16. Invoices.
The Supplier will issue an invoice to the Customer describing those Goods and/or Services ordered and the purchase price (“Invoice”).

17. Disputed Invoices.
If any Invoice issued by the Supplier with respect to the Goods and/or Services is disputed by the Customer, the Customer must notify the Supplier in writing of the reasons. All invoiced amounts not disputed in writing within 14 days of the Invoice date are deemed accepted.

18. Payment methods.
The available payment methods are:
• direct deposit/electronic funds transfer;
• EFTPOS debit card or credit card (excluding American Express credit cards) (Payments over $2,500 will incur a 1% surcharge fee);
• PayPal (for internet orders only);
• Direct debit (approved Customers only);
• Finance company (proof of acceptance is required from the finance company).

19. Payment terms.
The Customer must pay for the Goods and/or Services ordered in accordance with the terms of the Invoice.
If the Invoice is not paid in full by the due date, the Supplier may exercise its rights under the Event of Default clause and in addition, may charge the Customer a late payment fee on the unpaid amount for the period from its due date until it is paid in full. The late payment fee will be calculated on a daily basis at a rate of 10% per annum on overdue amounts at the discretion of the Supplier. The Customer must pay the late payment fee to the Supplier upon demand.

20. Title.
a. Title to the Goods does not pass from the Supplier to the Customer until the Customer pays the Invoice in full and all other monies payable or owing but not paid to the Supplier by the Customer on any account. Until title to the Goods passes to the Customer, the Customer must:
i. hold the Goods as fiduciary and bailee for the Supplier;
ii. store the Goods properly and separately and in accordance with a system whereby the Customer can readily identify the Goods as the Supplier’s property; and fully insure the Goods against loss or damage, ensuring that the Supplier’s interest as owner is noted on the policy.
b. The risk of damage to or destruction of any item delivered by the Supplier to the Customer shall pass to the Customer upon delivery, notwithstanding that ownership of the item has not then passed, and the Customer shall ensure that such item is adequately insured from time of delivery.
c. The Customer irrevocably authorises the Supplier at any time, to enter any premises upon which the Goods are stores to enable the Supplier to inspect the Goods and, if the Customer has breached these Terms and Conditions or there is an Event of Default, to reclaim possession of the Goods. The Customer indemnifies the Supplier against any liability to any person in connection with the entry or reclamation.

21. Personal Property Securities Act 2009 (Cth) (the “Act”).
a. The Customer acknowledges and agrees that:
i. these Terms and Conditions and any agreement between the Customer and the Supplier may create a security interest in all present and after acquired Goods and any proceeds as security for the Customer’s obligations to the Supplier for the purposes of the Act; and
ii. the Supplier is a secured party in relation to the Goods and any proceeds of the Goods, and is entitled to register its interest on the Personal Property Securities Register as a security interest and if applicable, a purchase money security interest.
b. The Customer undertakes to:
i. take all steps requested by the Supplier to ensure its security interest in the Goods and the proceeds is enforceable, and to perfect, or better secure the position of the Supplier;
ii. reimburse the Supplier for all expenses incurred in registering a financing statement or financing charge statement on the Personal Property Securities Register;
iii. give the Supplier not less than 14 days’ prior written notice of any proposed change in the Customer’s name or any other change in the Customer’s details.
c. The Customer waives any rights to receive any verification statement or other notice required to be issued under the Act.

22. Liability.
To the extent permitted at law, all warranties, conditions and liabilities in relation to the quality or fitness of any Goods (other than any warranties, conditions or liability which by legislation cannot be excluded) which might, but for this clause, be implied into the Agreement are hereby expressly excluded. Where legislation implies in an agreement any condition, warranty or liability which cannot be excluded or modified then, to the extent permitted by law, the liability of the Supplier in respect of a breach of any such implied condition or warranty is limited, at the Supplier’s sole option and discretion, to the:
a. replacement of the Goods or the supply of equivalent Goods or the payment of the cost of replacing those Goods or acquiring equivalent Goods; or
b. the resupply of the Services; or the payment of the cost of resupply
The Supplier is not liable for any loss or damage of any kind whatsoever including without limitation, consequential or economic loss or loss of profits by reason of the negligence of the Supplier, its officers, employees or agents arising out of or in connection with the supply of the Goods.
Nothing in these Terms and Conditions is intended to limit or exclude any liability that cannot be excluded by law.

23. Distribution.
The Supplier uses third party couriers and distributors for delivery of the Goods. The Customer acknowledges and agrees that the Supplier will not be liable for any acts or omissions of any third party couriers and distributors the Supplier uses in connection with these Terms and Conditions.

24. Indemnity.
The Customer hereby indemnifies and agrees to hold indemnified the Supplier (its representatives, officers, directors, employees, agents and contractors) and each of them against all liability, claims, costs (including legal costs on an indemnity basis) or proceedings whatsoever made by any party which may arise from the Goods, Services or distribution of the Goods and in particular to indemnify and hold indemnified as aforesaid each and all of them against any legal action involving a breach of this Agreement, defamation, misrepresentation, breach of intellectual property, breach of the Spam Act 2003 (as amended), the Privacy Act 1988 (as amended), the Competition and Consumer Act 2010, any fair trading act, and any other Federal or State legislation indirectly or directly resulting from or in connection with the Goods, Services and distribution of the Goods.

25. The Customer agrees to pay to and indemnify the Supplier against all costs and expenses incurred (including legal costs on an indemnity basis) by the Supplier in connection with:
a. default by the Customer under these Terms and Conditions;
b. the recovery of any monies due and unpaid by the Customer; and
c. the exercise or attempted exercise by the Supplier of any power conferred on it by these Terms and Conditions.

26. Force Majeure.
The Supplier may suspend delivery or reduce the quantity of Goods to be delivered if the Supplier is unable to deliver any or all of the Goods by reason of circumstances beyond its reasonable conduct, including without limitation, a failure of the distributor, strikes, accidents, war, fire, flood, explosion, equipment malfunction and failure, shortage of power, breakdown of plant or machinery, shortage of raw materials, act of God or any order or direction of any government, government authority or instrumentality. If the effects of any such force majeure event continue for more than one calendar month, the Supplier may in its absolute discretion, cancel the order by notice in writing to the Customer. The Customer will have no claim against the Supplier for any damages, loss, costs or expenses arising from any delay or termination authorised by this
clause.

27. Customer’s warranties.
The Customer warrants that:
a. it has and will continue to have any permit, consent, government authorisation or licence required for it to carry on its business; and
b. it will handle and store the Goods at all time as directed by the Supplier or, in the absence of such direction, in accordance with prevailing industry standards for the particular Goods.

28. Event of Default.
The Customer will be in default of these Terms and Conditions if any one or more of the following events (“Event of Default”) occur:
a. the Customer:
i. is in liquidation, provided that the liquidation did not immediately follow a voluntary administration or scheme of arrangement (proposed for the purpose of avoiding an insolvent winding up);
ii. has a receiver or controller appointed to part of its property (for clarity an appointment over the whole or substantially the whole of the Customer’s property will not be treated as an Event of Default);
iii. enters into a deed of company arrangement;
b. any permit, registration or government authority or licence required to carry on the Customer’s business is either cancelled or revoked; or
the Customer fails to perform in whole or in part any of its obligations under or is in breach in whole or in part of any term of, these Terms and Conditions and fails to remedy the breach within 7 days after receiving written notice of such breach.

29. If there is an Event of Default, in addition to any other rights at law the Supplier may have, the Supplier may take one or more of the following actions at its election:
a. treat the Terms and Conditions as repudiated and sue the Customer for any loss and damage in respect of the loss of the Terms and Conditions;
b. repossess any Goods in the Customer’s possession in respect of which title has not yet passed to the Customer; or
c. require the immediate payment by the Customer of all monies owing by the Customer to the Supplier under any account.

30. Waiver.
No claim or right of the Supplier under these Terms and Conditions shall be deemed to be waived or renounced in whole or in part unless confirmed in writing by the Supplier.

31. Enforceability.
Any provision of these Terms and Conditions which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make the Terms and Conditions enforceable unless this would materially change the intended effect of the Terms and Conditions.

32. Entire Agreement.
a. These Terms and Conditions constitute the entire agreement or contract between the Supplier and the Customer for the supply of Goods and/or Services by the Supplier.
b. The Customer acknowledges that neither the Supplier nor anyone purporting to act on its behalf has made any representation or given any promise or undertaking which his not expressly set out in writing, whether as to the fitness of the goods for any particular purpose or any other matter.
c. The Supplier may alter these Terms and Conditions:
i. without notice if done so at the request of the Customer, or the Customer is in default of any of these Terms and Conditions;
ii. in any other case, on giving seven days prior written notice to the Customer.

33. Governing Law.
These Terms and Conditions are governed by and are to be construed in accordance with the laws of Queensland, Australia and the parties submit to the non-exclusive jurisdiction of the courts of Brisbane, Queensland in respect of any dispute arising in respect of it.

34. Severability.
Where any provision of these Terms and Conditions is rendered void, unenforceable, or otherwise ineffective by operation of law, that provision will be considered to be severed from these Terms and Conditions and such severance shall not affect the validity, enforceability or effectiveness of any other provision in these Terms and Conditions.

35. Enforcement action.
The Customer must pay the Supplier all costs and expenses incurred by the Supplier in seeking to enforce and in enforcing the Supplier’s rights under these Terms and Conditions, including any legal expenses (on a full indemnity basis), debt recovery agents’ fees and commissions, process server fees, company and business search fees and any other investigation fees, charges and the internal administration costs of the Supplier.

36. In addition to any GST paid in connection with the Purchase Price, the Customer must pay to the Supplier on demand any GST payable in relation to any other taxable supply which arises under or in connection with the Agreement.

37. Changes to be agreed in writing.
These Terms and Conditions may only be amended, supplemented or novated in writing executed by both parties.

38. In these Terms and Conditions:
a. “Customer/you” means any person or company who submits an order for Goods and/or Services to the Supplier;
b. “Goods” means goods provided by the Supplier to the Customer as detailed in the Invoice.
c. “Services” means those services provided by the Supplier to the Customer as detailed in the Invoice.

39. Privacy Statement and Consent.
The Supplier collects your information in order to determine whether to supply Goods or Services to you and, in ordering Goods or Services from the Supplier, you agree that the Supplier may:
a. use the personal information about you which you or others have provided at any time to the Supplier in order to manage the Supplier’s relationship with you and, where required, to comply with legislative and regulatory requirements; and
b. may, as appropriate, disclose that information to the Supplier’s related bodies corporate, regulatory and law enforcement bodies, debt collection agencies, any organisation proposing to fund the acquisition of, or acquire, any interest in any obligation you may owe the Supplier, and to any person to the extent necessary, in the Supplier’s view, to carry out any instruction you give to the Supplier or to enforce any rights of the Supplier against you.

40. The collection and use of any personal information by Construction Supply & Service is subject to our Privacy Policy which can be found at: http://www.constructionsupplyservice.com.au/privacy-policy.

You acknowledge that, subject to the provisions of the Privacy Act 1988 (Cth), you may access the information which the Supplier holds about you at any time by contacting the Privacy Co-ordinator, at: