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Terms and Conditions

 

Terms of Credit

In the following “you” means the individual, partnership, or corporation to whom credit may be granted

“We” and “us” means Blacktown Timber Pty Ltd ABN 28 003 135 304 (and/or any related and/or associated companies, trusts and/or other entities and/or any successors and/or assigns)

 

By applying the credit with Blacktown Timber Pty Ltd, you agree that –

You will settle your account at 30 days. We must receive your payment by the last working day of the month after the month of invoice.  Any variation must be agreed in writing.

Acceptance. A binding “security agreement (for the purposes of the Personal Property Securities Act 2009 (Cth) [”PPSA”]) which incorporates the Offer Terms [the “Security Agreement”] shall be deemed to have been formed between Blacktown Timber Pty Ltd and the Customer on and from the earliest of the following events: (i) written communication of acceptance of this Application by or on behalf of Blacktown Timber Pty Ltd; (ii) registration of the Security Agreement on the Personal Property Securities Register [”PPSR”]; or (iii) provision of credit to the Customer by Blacktown Timber Pty Ltd.  The Customer ALSO AGREES that the Security Agreement creates for Blacktown Timber Pty Ltd a security interest in respect of all goods, services and/or any other property of any kind supplied by Blacktown Timber Pty Ltd to the Customer whether present or after acquired for the purposes of the PPSA [the “Security Interest”], that PPSA Sections 95, 118, 121(4), 125, 129(2), 129(3), 130, 132(3)(d), 132(4), 134, 135, 137 & 157 shall not apply to the Security Interest and that this Application may be produced by Blacktown Timber Pty Ltd at any time and from time to time as evidence of the Customer’s unconditional and irrecoverable consent to the creation of the Security Interest and registration of the Security Interest on the PPSR.  The Customer AGREES that notwithstanding items 7. & 8. above Blacktown Timber Pty Ltd shall be entitled to vary its terms for the provision of credit and/or withdraw the provision of credit altogether in the exercise of Blacktown Timber Pty Ltd unfettered and absolute discretion at any time and from time to time.

You are liable for debt collection and legal costs. You must pay any dishonoured cheque fees associated with cheques received by us in payment of your account.  You must pay any collection, legal or other costs we incur if your account is in default.

You will tell us if your details change. You must tell us in writing if there is any change to the details given on your commercial credit application. 

We may withdraw credit at any time.  We may withdraw your credit, withhold supply, or put your account on hold at any time and without prior notice.

We may assign our rights.  We may assign our rights under the agreement.

We may change these terms.  We may change these terms of credit if we give you written notice of the change.

This account may be closed.  Your account may be closed by you or us on seven days written notice.  Your account will be closed without notice if you do not use it for 12 months.  You must settle any outstanding amounts at the time your account is closed.

Terms of Sale

In the following “you” means the individual, partnership, or corporation to whom goods or services may be supplied.

“We” and “us” means Blacktown Timber Pty Ltd (and/or any related and/or associated companies, trust and/or other entities and/or any successors and/or assigns).

 

By ordering goods or services from us, you agree that –

The price will be the price current at the time of delivery plus freight and handling unless otherwise agreed in writing.  All prices quoted are strictly net of all discounts.  Any sales tax, goods or services or similar government taxes, if applicable, are additional to the quoted price.

 

Goods are at your risk from the moment of delivery.

 

Warranties and representations.  We make no warranties or representations about goods offered for sale other than warranties contained in these terms of sale.  We warrant only that goods offered for sale will be generally similar to other goods of the same description.  You accept that any particular delivery of goods may vary from goods of the same description displayed, advertised, or delivered on a different occasion.

To the fullest extent permitted by law, all terms, conditions, and warranties, statutory or otherwise, not expressly provided in these terms of sale, are excluded.

To the extent that

§     any terms, condition, or warranty not expressly provided in these terms of sale cannot be excluded due to the

       provisions of section 68A of the Trade Practices Act 1974 or any other statute, and we breach such term,    

       condition, or warranty, or 

§     you make a claim as provided below and we agree that goods were damaged or defective at the time of delivery

       our liability is limited to (at our option) replacing the goods or credited you with the purchase price of the goods.

 

Delivery.  Any advice we give about the date of intended delivery is given subject to the goods ordered being available and our having the ability to effect delivery on that date.

You indemnity us and our carrier against any claim for damages resulting from the entry of the carrier’s vehicle onto the delivery site.

 

Claims.  We will consider a claim for credit if the claim relates to

§     an error on our part in delivery or invoicing or

§     significant defects or damage.

You must tell us about your claim by phone within 48 hours of delivery and in writing within seven days.

We are not liable for any loss or damage you suffer as a result of our failure or delay in performing the contract due to reasons beyond our control.

 

Returns.  Goods requested to be picked up and returned through no fault of ours will incur a restocking fee of 20% of the face value of the goods plus GST.  Furthermore, a pick up fee equal to our normal delivery fee will also apply.

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