Last updated 8.3.18
Protective Roofing ABN - 34 618 176 113
Unless otherwise stated, prices do not include delivery charges. Unless otherwise stated, insurance will be provided from the freighter for a full comprehensive cover from warehouse to delivery address against all risks.
If the whole or any part payment for the goods is the consideration for a taxable supply for which the Sellers are liable for Goods and Services Tax (GST) under the relevant legislation the buyers must pay to the Sellers an additional amount equal to the GST amount. The Sellers will provide the Buyer with a GST tax invoice.
All orders are accepted and confirmed subject to the general rules, regulations and conditions applicable to the particular trade.
Property in any goods delivered or to be delivered to the Buyers shall not pass to the Buyers until receipt in full by the Sellers of the purchase price and any other money’s payable in respect of:
(a) The goods subject of this contract; and
(b) All other goods delivered by the Sellers to the Buyers under any other contract between the Sellers and the Buyers.
5. Payment, Retention Of The Title And Passing Of Risk
(a) Payment for the Goods must be made in full (without any set off) and received by the Seller by the payment date stated on the invoice for the Goods. In the event that no payment date is specified on the invoice, then payment for the Goods will be made in full and received by the Seller within 30 days of the close of the month in which the invoice is dated. Payment is only received by the Seller when it receives cash or when the proceeds of other methods of payment are credited to the Sellers bank account.
(b) Property in and ownership of:
(i) The Goods;
(ii) The Goods where they have been joined with other goods; and
(iii) The Goods where they have been incorporated into an end product in any manner, does not pass to the Buyer until full payment in
accordance with clause 7(a) of these Terms is received or
(c) The Seller may take possession of the Goods wherever the Goods are located and the Buyer agrees that representatives of the Seller may,
without notice, enter upon the Buyers premises for that purpose if:
(i) Payment for the Goods has not been received by the Seller within 14 days of the due date of payment; or
(ii) The Buyer becomes insolvent, commits an act of bankruptcy, is placed under official management or into liquidation,
a receiver or manager is appointed in respect of any of its assets or a mortgagee of property of the Buyer takes possession of any of that property.
(d) Until the Seller receives full payment of all monies due to it in respect of the Goods or until the Goods are on-sold – whichever is the earlier.
(e) the buyers’ company directors and/ or representatives responsible for placing this order agrees to secure payment against their personal assets including vehicles and residential/ commercial property. Protective Roofing P/L or associated companies with the same ABN has the right to place caveats according.
Inspection Of Goods
The Buyers shall inspect the goods immediately upon delivery (if not inspected earlier). The Buyer will be deemed to have agreed that the goods are in all respects, in accordance with the contract and shall be bound to accept and pay for the goods unless: Where a delivery receipt is signed by the Buyer, particulars of any reasonably apparent damage or non-conformance is notified to the Seller in writing within 8 hours of delivery together with evidence of damage or non-conformance and in any other case, particulars of any reasonably apparent damage or non-conformance is notified to the Seller in writing within 7 days of delivery together with evidence of damage or non-conformance. Notwithstanding any notification, payment for the goods must be made in full (without set off) by the payment due date stated on the invoice for the goods.
Each instalment (if any) deliverable under this contract shall be deemed to be sold under a separate contract containing the same terms and conditions. Default in delivery of any such instalment shall not entitle the Buyers to repudiate the contract with regard to any such instalments remaining deliverable BUT default by the Buyers in paying for any one instalment delivered shall, notwithstanding the Sellers remedies under any statute or at Common Law, entitle the Seller to repudiate the contract with regard to the instalment deliveries remaining.
8. Amendments And Alterations
No amendments or additions to the stipulations and conditions herein contained shall be binding upon the Seller unless expressly confirmed in writing by the Seller.
Law applicable to this contract shall be the Law of New South Wales and the Supreme Court of that State shall have exclusive jurisdiction in all disputes arising hereunder.
Due to the short lead time requirements of orders in our industry the consumer agrees to waive any state or federal cooling off period they are entitled to under our contract.
Any Warranty as to the quality or fitness for any particular purpose of the goods sold hereby arising by implication of law under the Sale of Goods Act or otherwise is hereby excluded to the extent permissible by consumer protection legislation. If payment is not received in full any warranties will be null and void.
Any possible warranty applicable for materials purchased are supplied by manufacturer and inline with their terms and conditions available on request. The onus is on the purchaser to register all warranties within 30 days of delivery.
11. Outstanding and/ or Disputed Payments
Protective Roofing Pty Ltd or other associated company using the same ABN reserves the right to use a third party to pursue debts that have either not been paid in a timely manner as per the quote or outside of the agreed terms of trade for an account. If no payment terms are shown on a quote - it will be payment prior to manufacture. If for any reason Protective Roofing or other associated company using the same ABN call in a debt it will be the following time period that cleared funds are required to be received by us.
Individual - 5 Working Day
Company or other entity - 10 Working Days
A letter will be issued 7 days prior to an escalation to our third party debt collection contractor.
After 7 days without payment we have the right to add the following percentage of fees and charges to cover our loss, as at March 2018 these are:
$1,000 to $3000 - 30%
$3,001 to $20,000 - 25%
$20,001 to $50,000 - 20%
$50,001 to $100,000 -15%
> $100,001 -12.5%
Further to this any other legal or court fees that are accrued prior to the matter being finalised.
Any dispute must be lodged in writing addressed to; The General Manager, PO Box 3600 Tuggerah NSW 2259 or email@example.com
If required, the Seller will utilise the services of whom they consider subject matter experts. Please be aware that in the event that the Buyer is unsuccessful with their litigation the Buyer will be responsible for any legal/ professional cost incurred by the Seller.
12. Quotes From Plans
For quotes that are done from plans - a final measure will allow for wastage created by cut lengths. The difference will not be absorbed by Protective Roofing Pty Ltd or other associated company using the same ABN.
13. Restocking Fee
A restocking fee of 20% will be charged for all non stock items (buy ins) & nil refund given for custom orders.
14. Right to cancel
Protective Roofing Pty Ltd or other associated company using the same ABN, has the right to cancel at anytime quotes or offers either issued or accepted based on our ability to supply due to changes beyond our control or if we no longer deem for any reason as it being viable to us to supply. We consider the term “quote” as being an offer not yet being accepted by us in writing with an order confirmation issued.
15. Error’s in quotes, order confirmation, tax invoices or account statements
Order confirmation are issued, check and advise of any errors immediately.
Should an error occur - For example a quote has 5 different lines of products, these 5 lines should add together along with a delivery charge to result in a value excluding and then including gst. If the value of a line is not calculated we will not be held liable. The onus remains on the receiver to check that values are correct.
The Buyer acknowledges and declares that he or she has read and accepted these items and conditions and fully understands the same. Agreeing verbally, in writing, making payment in part or full is agreeing with all terms and conditions.
Disclaimer: These terms and condition are a brief summary of our application for commercial credit which also apply in full to this agreement regardless if it applicable to a corporation or person.
They can be found here - https://protectiveroofing.com.au/wp-content/uploads/2018/02/TERMS-AND-CONDITIONS-OF-SALE.pdf
If for any reason you do not agree then do not proceed with your order.