Terms & Conditions

1. These terms and conditions apply to all goods and services supplied by us to you. You are agreeing to them by placing an order with us.
2. You must pay us the purchase price for the goods and services we supply to you, together with any other applicable fees or charges, immediately after we invoice you. If we have set out instalments in our quote, you must pay the instalment immediately after we invoice you for it. Time is of the essence for all payments required under these conditions.
3. Unless specifically stated otherwise, all prices which we quote or estimate to you are exclusive of GST. If GST is payable on a Taxable Supply made by us to you, then you must also pay the amount of GST payable in respect of that Taxable Supply as additional payment. However, you are not obliged to do so until we provide you with a Tax Invoice or Adjustment Note, as the case may be. In this clause, "GST", "Tax Invoice", "Taxable Supply" and "Adjustment Note" have the meanings given by the A New Tax System (Goods and Services Tax) Act 1999 (Commonwealth).
4. You must pay interest on any amounts not paid by the due date at a rate 2% higher than the rate for the time being fixed under section 2 of the Penalty Interest Rates Act 1983 (Victoria) as at the date the amount became due.
5. Property in goods supplied remains with us until we have been paid in full for all amounts you owe us (including any applicable interest, fees and charges) and until then:
(a) you hold the goods only as a bailee;
(b) we may enter and recover possession of the goods from any site owned, possessed or controlled by you and you grant us an irrevocable licence to do so;
(c) you must not deliver or on-supply any of the goods (nor any document of title to them) to any person, but if you do then you hold the proceeds of the on-supply of the goods on trust for us and must pay the amount to us immediately when received;
(d) you must not allow any person to have or acquire any interest in the goods;
(e) you must insure the goods for their full insurable or replaceable value (whichever is higher) and provide us with details of the insurance if we request it;
(f) your right to possession of the goods ceases if we recall or recover the goods, or if you become insolvent, you enter into voluntary or involuntary administration or receivership, or a petition is filed for your bankruptcy or winding up.
6. Risk in the goods passes to you upon their delivery to you.
7. You hereby indemnify us and our employees, directors, contractors and agents against, and release us and them from, any loss (including reasonable legal costs and expenses) or liability incurred by us and/or them arising from any claim, demand, suit, action or proceeding by any person against us and/or them where such loss or liability arose directly or indirectly from or in connection with any breach of these terms and conditions or from use of the goods unless such liability is directly caused by the negligence or default of the person indemnified.
8. Our confidential information, as well as any quote or pricing information we provide you, is confidential and you must not divulge it to any other person except as we have expressly authorised or as required by law.
9. Any specifications, drawings, details, statistics or performance figures we may have given you about the goods and services are only estimates and any deviation does not entitle you to make any claim against us. Any sample is provided only to indicate the general nature of the product, and we do not warrant that goods or services supplied will correspond with any sample or with any previous or future goods or services supplied.
10. Except as stated in any separate written warranty we may provide you with the goods or a quote, under no circumstances will we have any liability to replace or repair defects in the goods or services where:
(a) you did not notify us of the defects within 14 days after we supplied the goods or services to you;
(b) the defects have not arisen solely from faulty materials or workmanship;
(c) the goods have received maltreatment, inattention or interference or have been used or treated other than in accordance with our instructions and recommendations;
(d) products not manufactured by or approved by us have been used with the goods.
11. Except as provided in these conditions, all express and implied warranties guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the goods and services for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are expressly excluded. We are not liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the application, supply, layout, assembly, installation or operation of the goods or services or arising out of our negligence or in any way whatsoever.
12. If any condition or warranty is implied into this agreement under the Trade Practices Act 1974 (Cth) or any equivalent State or Territory legislation and cannot be excluded, then our liability is limited to one or more of the following:
(a) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired;
(b) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
13. Nothing in these conditions is to be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law and which by law cannot be excluded, restricted or modified.
14. No allowance has been made in our quote for rock, soft spots or un-compactable material. We reserve the right to charge you an additional amount, based on our own reasonable costs, if these are encountered.
15. We also reserve the right to change the machinery and material specifications we have provided you if necessary due to their restricted availability in your local area.
16. You must provide us with heavy vehicle access to the installation site at all times. If you do not, then we may charge you for any additional costs we incur including additional labour and small vehicle hire costs.
17. You must notify us of the location of any underground services, including sewerage, electrical and stormwater pipes. If any services need to be relocated, we may charge you for any additional costs incurred.
18. You must ensure that the site complies with workplace health and safety laws. If it does not, we may charge you for any additional costs incurred by us in making the site comply.
19. The directors, in consideration of us agreeing to extend credit to you, hereby unconditionally guarantee to us the due and punctual payment of all amounts payable by you to us and the due performance of all terms and conditions which you are required to perform under these terms and conditions and any agreement you have with us. The directors further agree that:
(a) if any of the obligations guaranteed are not enforceable against you, this guarantee is to be construed as an indemnity and the directors hereby indemnify us against any failure by you to make any payment or so perform;
(b) this guarantee is a continuing guarantee and applies notwithstanding any partial payment or performance;
(c) no waiver of this guarantee or any part of it by us is effective unless in writing;
(d) no granting of any indulgence or postponement to you will affect the liability of the directors under this guarantee.
20. In these terms and conditions,
(a) "we", "us" or "our" means Sportcrete Synthetic Constructions Pty Ltd Pty Ltd ABN 95 694 800 227
(b) "you" or "your" means the party named as "customer" on any attached or overleaf quote
(c) "directors" means the director or directors of you (if you are a company) named on any attached or overleaf quote, jointly and severally if there are more than one, and includes any legal personal representative of the director or directors
(d) "our confidential information" includes all of our secrets, ideas, know how, concepts, information, copyright, computer programs, manuals, precedents whether in writing or in any other form and all other information relating to us or our affairs, businesses, sales, marketing or promotional information, and any information about the ingredients, mix, make-up or manufacturing process of the goods
(e) "goods" includes any associated services except where the context does not permit.