Below details Superior Screens' terms and conditions relating to Trade.
1. Interpretation
1.1 Unless otherwise inconsistent with the context the word “person” shall include a corporation:
1.2 “goods” shall include services.
1.3 Words importing the singular number shall be deemed to include the plural and vice versa. Words importing the male gender shall be deemed to include the female and neuter gender and vice versa.
1.4 SUPERIOR SCREENS shall mean TERN (QLD) PTY LTD as trustee for The Lattice Unit Trust trading as Superior Screens, its successors and assigns.
1.5 “customer” shall mean the person named as “the Applicant” on the credit application annexed hereto.
2. Offer and Acceptance
2.1 Any quotation made by SUPERIOR SCREENS is not an offer to sell or to provide goods. SUPERIOR SCREENS shall not be bound by any order given in pursuance of any quotation until it is accepted in writing. All orders are subject to acceptance by SUPERIOR SCREENS within thirty (30) days of receipt by SUPERIOR SCREENS of the order. These terms and conditions shall be deemed to be incorporated into any agreement between SUPERIOR SCREENS and the customer. Any terms and conditions contained in any order, offer, acceptance or other document of the customer and all representations, statements, terms and conditions and warranties (whether implied by statute or otherwise) not embodied herein are expressly excluded to the fullest extent permitted by law.
2.2 Any change to an accepted quotation either prior to or during manufacture or installation will attract a change to pricing.
2.3 SUPERIOR SCREENS reserves the right to change the Price in the event of a variation to SUPERIOR SCREENS quotation. Any variation from the plan of scheduled works or specifications (including, but not limited to, any variation as a result of additional works required and/or faults discovered due to hidden or unidentifiable difficulties beyond the reasonable control of SUPERIOR SCREENS including, but not limited to, hard rock barriers below the surface or iron reinforcing rods in concrete) will be detailed in writing and charged for on the basis of SUPERIOR SCREENS' standard hourly rate and will be shown as variations on the invoice. Payment for all variations must be made in full at the time of completion of the variations.
2.4 Custom orders will require payment of a deposit prior to processing. The amount of the deposit and progressive payments will be stipulated at the time of the order of the goods. Final payment for product is to be paid prior to despatch. Payment for installation must be paid on the day of installation. Account holders payment terms & conditions are confirmed in writing at time of acceptance.
3. Delivery
3.1 Any date quoted for delivery (“the quoted date”) is an estimate only and unless a guarantee shall be given by SUPERIOR SCREENS in writing providing for liquidated damages for failure to deliver by the quoted date SUPERIOR SCREENS shall not be liable to the customer for any loss or damage howsoever arising even if arising out of the negligence of SUPERIOR SCREENS for failure to deliver on or before the quoted date. The customer shall accept and pay for goods if and when tendered notwithstanding any failure by SUPERIOR SCREENS to deliver by the quoted date. Written advice to the customer that goods are ready for delivery whether in whole or in part shall constitute tendering and the terms of payment shall apply.
3.2 SUPERIOR SCREENS shall not be liable to any customer or any other party for direct or indirect or consequential injury, loss or damage whatsoever by reason or any delay in delivery whether the same is due to the negligence of SUPERIOR SCREENS or any other party, strike or any other industrial action be it of SUPERIOR SCREENS or other party or any other cause whatsoever.
3.3 SUPERIOR SCREENS reserves the right to deliver by instalments. If delivery is made by instalments the customer shall not be entitled:
(a) to terminate or cancel the contract; or
(b) to any claim, loss or damage howsoever arising failure by SUPERIOR SCREENS to deliver any instalments on or before the quoted date.
3.4 It is agreed that SUPERIOR SCREENS shall not be responsible for the delay in delivery caused by, or in any way incidental to an act of God, war, fire, breakages of machinery, strikes or arising out of any other unexpected exceptional cause, or any cause beyond reasonable control of SUPERIOR SCREENS .
3.5 Any quotation containing a provision to supply goods “ex stock” is subject to fulfilment of prior orders at the date of receipt of the customer’s order.
3.6 Any freight price provided at time of quotation is an estimate only and the final price will not be confirmed until the product is ready for despatch and has been packaged, measured and weighed and a freight quote obtained.
3.7 Where the Customer expressly requests the Builder to leave Materials outside the Builder’s premises for collection or to deliver the Materials to an unattended location then such Materials shall be left at the Customer’s sole risk and it shall be the Customer’s responsibility to ensure the Materials are insured adequately or at all.
4. Damage to property and underground services
4.1 Where SUPERIOR SCREENS is required to install the Materials the Customer warrants that the structure of the premises or equipment in or upon which these Materials are to be installed or erected is sound and will sustain the installation and work incidental thereto and SUPERIOR SCREENS shall not be liable for any claims, demands, losses, damages, costs and expenses howsoever caused or arising should the premises or equipment be unable to accommodate the installation.
4.2 The Customer shall ensure that SUPERIOR SCREENS has clear and free access to the work site at all times to enable them to undertake the works. SUPERIOR SCREENS shall not be liable for any loss or damage to the site (including, without limitation, damage to pathways, driveways and concreted, tiled, paved or grassed areas. paintwork and waterproofing) unless due to the negligence of SUPERIOR SCREENS.
4.3 Prior to SUPERIOR SCREENS commencing any work the Customer must advise SUPERIOR SCREENS of the precise location of all underground services on the site and clearly mark the same. The underground mains & services the Customer must identify include, but are not limited to, electrical services, gas services, sewer services, pumping services, sewer connections, sewer sludge mains, water mains, irrigation pipes, telephone cables, fibre optic cables, oil pumping mains, and any other services that may be on site.
4.4 Whilst SUPERIOR SCREENS will take all care to avoid damage to any underground services the Customer agrees to indemnify SUPERIOR SCREENS in respect of all and any liability claims, loss, damage, costs and fines as a result of damage to services not precisely located and notified as per clause 4.3.
5. Payment
5.1 Unless otherwise agreed in writing, payment terms are cash on delivery (COD) or prepayment if delivered by a third party.
5.2 This term as to the payment shall be of the essence of the contract.
6. Title
6.1 Notwithstanding the delivery of the goods or part thereof, the goods remain the sole and absolute property of SUPERIOR SCREENS as full legal and equitable owner until such time as the customer shall have paid SUPERIOR SCREENS the full price together with the full price of any goods then the subject of any other contract with SUPERIOR SCREENS.
6.2 The customer acknowledges that he receives possession of and holds goods delivered by SUPERIOR SCREENS solely as bailee for SUPERIOR SCREENS until such time as the full price thereof is paid to SUPERIOR SCREENS together with the full price of any goods then the subject of any other contract with SUPERIOR SCREENS .
6.3 Until such time as the customer becomes the owner of the goods, he will;
(a) store them on the premises separately;
(b) ensure that the goods are kept in good and serviceable condition;
(c) secure the goods from risk, damage and theft; and
(d) keep the goods fully insured against such risks that are usual or common to insure against in a business of a similar nature to that of the customer.
6.4 (a) Until the goods are paid for in full, SUPERIOR SCREENS authorises the customer to sell the goods as its agent. However, the customer shall not represent to any third parties that it is acting in any way for SUPERIOR SCREENS. SUPERIOR SCREENS will not be bound by any contracts with third parties to which the customer is a party.
(b) The proceeds of any sale of the goods shall be paid into a separate account and held in trust for SUPERIOR SCREENS. The customer shall account to SUPERIOR SCREENS from this fund for the full price of the goods.
(c) Should the customer die, stop payment or call a meeting of its creditors or become insolvent or subject to the bankruptcy laws, or being a company, appoints an administrator or calls a meeting for the purpose of or to go into liquidation or has a winding-up application presented against it or has a receiver appointed, SUPERIOR SCREENS may at its option notwithstanding its waiver of such default or failure and without prejudice to its other rights under this contract, suspend or cancel this contract or require payment in cash before or on delivery or tender of goods notwithstanding their terms of payment previously specified, or may repossess and take over the goods and dispose of the dame in its own interest without prejudice to any claim it may have for damages for any loss resulting from such resale.
6.5 If the customer does not pay for any goods on the due date then SUPERIOR SCREENS is hereby irrevocably authorised by the customer to enter the customer’s premises (or any premises under the control of the customer or as agent of the customer in which the goods are stored) and use reasonable force to take possession of the goods without liability for the tort of trespass, negligence, assault and battery or payment of any compensation to the customer whatsoever.
6.6 On retaking possession of the goods SUPERIOR SCREENS may elect to refund to the customer any part payment that may have been made and to credit the customer’s account with the value of the goods less any charge for recovery of the goods, or to resell the goods.
7. Risk
Unless otherwise agreed in writing, risk in the goods shall pass to the customer at the time when the goods have been placed on the vehicle which is to effect delivery from SUPERIOR SCREENS’ store or warehouse. The goods shall remain at the customer’s risk at all times unless and until SUPERIOR SCREENS retakes possession of the goods pursuant to these terms and conditions.
8. Claims and Returns
8.1 Our goods & services come with guarantees and services that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund of goods for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if goods fail to be of acceptable quality and the failure does not amount to a major failure. The benefits given to You by this warranty are in addition to other rights and remedies You may have under a law in relation to the End Products. As soon as any of the facts or matters which form any part of any claim or complaint whatsoever become known to the customer, the customer shall within twenty-four (24) hours notify SUPERIOR SCREENS by telephone and provide written details f the defect or failure with accompanying photos of packaging and products by email to info@superiorscreens.com.au. Superior Screens will then assess the claim and provide instructions for the remedy if approved.
8.2 The Warranty excludes any failure of, or defect in, the Product (or part thereof) due wholly or partly to any of the following causes:
Damage sustained during transport, handling, storage, erection or after erection;
Mistreatment, neglect or insufficient maintenance;
Movement of the ground or structural defects of any building;
Storm, tempest, flood, fire lightning or other acts of God or anything beyond our reasonable control;
Any attachments or additions either permanent or temporary that compromises the structural integrity of the Product;
Corrosion to perforation or paint system flake or peel of steel or aluminium material
Rust marks from swarf
Damage due to contamination from pesticides, fertilisers, concrete, abrasive or solvent type cleaners or incompatible metals
8.3 To make a claim under the Warranty, Customers must provide in writing, detail of the claim with accompanying photographic evidence including proof of purchase and detail of the installer to:
TERN (QLD) Pty Ltd ATF The Lattice Unit Trust trading as Superior Screens.
12 Barrinia St Slacks Creek QLD 4125 (site)
PO Box 3265 Norman Park QLD 4170 (postal)
Tel: 1800 875 676
Email: info@superiorscreens.com.au
In the event a Customer considers there to be a defect and submits a Warranty claim, Superior Screens reserves the right to inspect the installed Product at any time. You must provide us, or our nominated representative, with safe access to the Product to assess whether it gives rise to a legitimate claim under this warranty
8.4 Superior Screens reserves the right to modify or discontinue any of its products. In the event the Product covered by the Warranty is no longer available at the time of a valid claim. Superior Screens retains the right to substitute a product that in Superior Screens’ determination is of equal grade and quality to the Product or any component thereof.
9. Force Majeure
If by reason of any fact, circumstance, matter or thing beyond the reasonable control of SUPERIOR SCREENS , SUPERIOR SCREENS is unable to perform in whole or in part any obligation under this contract, SUPERIOR SCREENS shall be relieved of that obligation under this contract to the extent and for the period that it is so unable to perform and shall not be liable to the customer in respect of such inability.
10. Default
Upon the occurrence of default by the customer in compliance with the terms herein:
10.1 SUPERIOR SCREENS may at its discretion withhold further supplies of goods or cancel the contract, or vary the terms of this contract without prejudice to its rights hereunder PROVIDED HOWEVER that SUPERIOR SCREENS may at any time and from time to time upon such terms as it may be determined waive any of its rights under this clause, but without prejudice to its rights thereafter of any of the events herein before referred to or upon the continuation after any such waiver of any state of affairs the subject of such waiver.
10.2 The customer hereby authorises SUPERIOR SCREENS or its agent to review its books and records, including all bank statements and other bank records, to determine whether the customer is able to pay its debts as and when they fall due and the customer further irrevocably grants to SUPERIOR SCREENS a licence to enter upon the customer’s premises for such purpose.
10.3 The customer shall pay to SUPERIOR SCREENS interest at the rate of 1.0% per month on daily balances in respect of any amounts as may from time to time be overdue until paid and such money together with all interest shall be recoverable forthwith from the customer as a liquidated debt.
10.4 Without prejudice to any other right or remedy the customer shall indemnify SUPERIOR SCREENS against any costs, fees, charges and disbursements charged by any mercantile or collection agent or solicitor engaged for the purpose of the collection or recovery of monies due and payable by the customer to SUPERIOR SCREENS on an indemnity basis and all such costs shall be recoverable as a liquidated debt and, at the option of SUPERIOR SCREENS, may be recovered by Minor Debts Court.
10.5 The customer shall pay to SUPERIOR SCREENS an administration fee of $50.00 on the occurrence of every event of default as a liquidated debt being a genuine pre-estimate of the loss of SUPERIOR SCREENS in respect of such act of default, however such a fee shall not preclude SUPERIOR SCREENS from claiming any higher amount from the customer for any loss occasioned by such act of default.
11. Change of Ownership
The customer agrees to notify SUPERIOR SCREENS in writing of any change of ownership of the customer or its business, or of directorships in the case of a corporate customer, or of any other change whatsoever affecting this agreement within seven (7) days from the date of such change and indemnifies SUPERIOR SCREENS against any loss or damage incurred by it as a result of the customer’s failure to notify SUPERIOR SCREENS of any change.
12. Lien Charge
12.1 The customer hereby acknowledges and agrees that SUPERIOR SCREENS has a lien over all goods in its possession belonging to the customer to secure payment of any or all amounts outstanding from time to time.
12.2 The customer hereby charges all property, including real property, equitable property and legal property, of the customer in respect of any monies that may hereinafter be owing to SUPERIOR SCREENS under this contract by the customer or otherwise and hereby authorise SUPERIOR SCREENS or its solicitors to execute any consent form as its attorney for the purpose of registering a caveat over any real property owned by the customer at any time, or to register this charge over assets of the customer with the Australian Securities Commission.
12.3 For the purposes of the Personal Property Securities Act (Cth) (including any amendment or replacement) (“PPSA”), the customer agrees that SUPERIOR SCREENS may cause its interest hereunder to be registered on the Personal Property Securities Register. The customer acknowledges that SUPERIOR SCREENS may register one or more financing statements (as contemplated in the PPSA) in relation to its security interests under this document and that each such financing statement may be registered at any time. If permitted by the PPSA, the customer waives its right under s157 of the PPSA to receive notice of any verification statement relating to the registration of any such financing statement or any related financing change statement. SUPERIOR SCREENS and the customer agree to not disclose any information of the kind referred to in s275(1) of the PPSA unless s275(7) of the PPSA applies, or unless SUPERIOR SCREENS authorises such disclosure. The customer must do all things and perform all further acts as requested by SUPERIOR SCREENS to give effect to the security interest given pursuant to this agreement. SUPERIOR SCREENS may apply any amounts it receives from the customer in any manner it deems appropriate, including to preserve any rights it has pursuant to the PPSA.
13. Jurisdiction
This contract for the supply of the goods is deemed to have been entered into in the State of Queensland. Any legal action arising out of or in respect of the contract and/or the interpretation thereof shall be brought only in the Courts of Brisbane in the State of Queensland.