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
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
“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
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