Terms and Condition of Trade
1 Acceptance
1.1 Any instructions received by Boustead and Brown from the customer for the supply of goods and /or goods supply by Boustead and Brown with constitute acceptance of the terms and conditions contained.
1.2 Where more than one client has entered into this agreement all the clients are jointly liable for all payments of the price
1.3Upon accepting these terms and conditions by the client the terms and conditions are binding and can only be amended by written consent from Boustead and Brown
2 Price and Payment
2.1 Boustead and Brown reserves the right to change the price in the event of a variation or change in the price of materials and supplies to the quotation supplied by Boustead and Brown.
2.2 It’s Boustead and Brown sole discretion on the price subject to the indicated invoices provided in respect to the good or service being supplied.
2.3 Quoted prices must be accepted in writing within fourteen (14) days.
2.4 Boustead and Brown requires a 50% deposit before any job/goods is started. This is non-refundable once the job is started or materials have been bought.
2.5 The full payment is required before jobs/goods leave the factory.
2.6 GST and other taxes and duties that may apply shall be added to the price except when they are expressly included in the price.
3 Delivery of goods
3.1 It’s the sole discretion of Boustead and Brown that delivery of the goods shall take place.
3.2 The client takes possession of the goods at the client’s nominated address, in the event that goods are delivered by Boustead and Brown or a nominated carrier by Boustead and Brown.
3.3 It’s the sole discretion of Boustead and Brown that delivery of the goods is included or not.
3.4 It’s up to the client to make all arrangements necessary to take delivery of the goods whenever they are tendered for delivery. In the event that a client is unable to take delivery of the goods as arranged then Boustead and Brown shall be entitled to charge a fee for the redelivery.
3.5 The delivery of goods can be made to a third party nominated by the client. This is deemed as delivery for the purposes of this agreement.
3.6 Boustead and Brown may deliver the goods in separate instalments. Each instalment must be paid in full in accordance to the terms and conditions.
3.7 The failure of Boustead and Brown to deliver shall not entitle either party to treat this contract as repudiated.
3.8 Boustead and Brown is not liable for any damage, loss or failure to deliver the goods promptly or at all, where circumstances outside Boustead and Brown control.
4 Risk
4.1 If Boustead and Brown retains ownerships of the goods nonetheless, all risk for the goods passes to the client on delivery.
4.2 If any goods are damage or destroyed before delivery or change of ownership Boustead and Brown is entitled to receive all insurance proceeds payable for the goods.
4.3 Timber is a natural product and colour, grain, gum veins and other defects may vary. Boustead and Brown will make every effort to match goods, but will not be liable in any way whatsoever for differing goods to samples supplied.
4.4 Clients acknowledges goods may
4.4.1 Exhibit variations in colour, texture, grain, indentations, surface, finish and may contain natural defects. Colour may fade or change over time.
4.4.2 Expand, contract or distort as a result of heat, cool and weather exposure.
4.4.3 May mark or stain when exposed to certain substances.
4.4.4 Be damaged or disfigured by impacts or scratching.
5 Title
5.1 Both Boustead and Brown and the Client agree that ownership of the goods shall not pass until the client has paid in full and taken delivery, and all other obligations are meet in respect to the contacts between Boustead and Brown and the client.
5.2 Receipts from Boustead and Brown of any form of payment other than cash shall not be deemed as payment until that form of payment has been honoured, cleared or recognised. Until then Boustead and Brown has ownership and rights in respect to the goods continue.
5.3 It is agreed that where practicable the goods shall be kept separate and identifiable until Boustead and Brown have received full payment and all obligation of the client have been meet. Until such time as the ownership of the goods have passed from Boustead and Brown to the client, Boustead and Brown may give notice in writing to the client to return the goods back to Boustead and Brown. Upon Such times the right of ownership will remain with Boustead and Brown, and all rights of ownership or any other interest from the client shall cease.
5.4 If the client fails to return any goods to Boustead and Brown, then Boustead and Brown or agents of Boustead and Brown have the right to enter upon and into lands and premises owed, occupied, used or where the goods are being kept or any premises as invitee of the client and take possession of the goods.
5.5 The client is only the Bailee of the good until such time as Boustead and Brown has received payment in full for the goods then the client shall hold any proceeds from the sale or disposal of the goods, up to and including the amount the client owes Boustead and Brown for the goods or on trust for Boustead and Brown.
5.6 Boustead and Brown have the right to stop goods in transit whether or not delivery has been made.
5.7 The client shall not deal with money of Boustead and Brown in any way which might be adverse to Boustead and Brown.
5.8 The client shall not charge the goods in any way nor grant nor otherwise give any interest in the goods while they remain the property of Boustead and Brown.
5.9 Boustead and Brown may issue proceeding to recover the price of the goods sold notwithstanding that ownership of the goods may not have passed to the client and until such time that ownership of the goods have passes to the client.
5.10 If the goods are converted into other products, the parties agree that Boustead and Brown will be the owner of the end products.
6 Defects
6.1 The client will inspect the goods on delivery and will within seven (7) days of delivery notify Boustead and Brown of any alleged defects, shortage in quantity, damage or failure to meet with the description of the quote. The client will give Boustead and Brown an opportunity to inspect the good within a reasonable time after delivery, if the client believes the goods are defective in any way. If the client fails to do so, the goods shall be presumed to be free from any defects or damage.
6.2 For goods that are agreed to be defective by both the client and Boustead and Brown. Boustead and Brown liability is limited to either (Boustead and Browns discretion) replacing or repairing the goods.
6.3 Goods will not be accepted for return. Except where the client has acquired goods as a consumer within the meaning of the Trade Practices Act 1974 or the Fair Trading Acts of the relevant state or territories of Australia, and is therefore also entitled to, at the consumer’s discretion either s refund of the purchase price of the goods, or repair of the goods, or replacement of the goods.
7 Warranty
7.1 For the original client only (proof of purchase is required) and subject to conditions of the warranty that if any defects in workmanship of Boustead and Brown become apparent and is reported to Boustead and Brown in Five (5) years of the date of delivery then Boustead and Brown will either replace or repair the defect at Boustead and Brown discretion.
7.2 The conditions of the warranty do not cover damage or defects which might be caused by or partly caused by or arise from
7.2.1 Failure to maintain the goods properly.
7.2.2 Failure to on part of the client to follow any instructions or guidelines given.
7.2.3 Any use of the goods other than what they were designed for specified in the quote or order for.
7.2.4 The continued use of the goods after the defect becomes apparent or would have become apparent to a reasonably prudent operator or user.
7.2.5 Warranty doesn’t cover normal wear and tear, damage caused by abuse, misuse, neglect accident or acts of God.
7.2.6 Should it be necessary to return the product for inspection and/or repair all transportation charges shall be paid for by the purchaser, unless the manufacturer determines in writing to the contrary.
7.2.7 Outdoor environment use of the product where the product is exposed to moisture and adverse weather will not be warranted.
7.2.8 The warranty shall cease and Boustead and Brown will not be liable under the terms of the warranty if the workmanship is repair, altered or overhauled without Boustead and Brown consent.
7.2.9 In respect of all claims Boustead and Brown are not liable to compensate the client for any delay in either replacing or remedying the workmanship or in properly assessing the client’s claim.
7.2.10For goods not manufactured by Boustead and Brown the warranty shall be the current warranty provided by the manufacturer of the goods. Boustead and Brown shall not be bound by nor be responsible for any terms, conditions representation or warranty other than that which is given by the manufacturer of the goods.
8 Intellectual Property
8.1 Where Boustead and Brown has designed, drawn or written goods for the client, then the copyright in those designs and drawings and documents shall remain vested in Boustead and Brown, and only be used by Boustead and Brown’s discretion.
8.2 The client warrants that all designs or instructions to Boustead and Brown will not cause Boustead and Brown to infringe on any patents, trademarks or registered designs in the execution of the client’s orders. The clients agree to indemnify Boustead and Brown against any action taken by a third party against Boustead and Brown in respect of any such infringement.
8.3 Some photos are used to demonstrate what type of work can be carried out by Boustead and Brown and not necessarily work done by Boustead and Brown.
9 Default and Consequences of Default
9.1 Interest on overdue invoices shall accrue daily from the date when the payment becomes due. Until the date of payment, at a rate of two and a half per cent (2.5%) per calendar month and will compound monthly at such rate after as well as before any judgement.
9.2 If the client defaults in payment of any invoice when due, the client shall indemnify Boustead and Brown from and against all costs and disbursements incurred by Boustead and Brown in pursuing the debt, including all legal costs, solicitor and own client basis and Boustead and Brown’s collection agency costs.
9.3 Without prejudice to any other remedies Boustead and Brown may have, if at the time the client is in breach of any obligation (including those relating to payments), Boustead and Brown may suspend or terminate the supply of goods to the client and any of it’s other obligations under the terms and conditions. Boustead and Brown will not be liable to the client for any loss or damage the client suffers because Boustead and Brown has exercised it’s rights under this clause.
9.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20) or ten percent (10%) of the amount overdue (up to a maximum of two hundred dollars ($200)) shall be levied for administration fee which sum shall become immediately due and payable.
9.5 Without prejudice to Boustead and Brown’s other remedies at law Boustead and Brown shall be entitled to cancel all or any part of any order of a client which remains unfulfilled and all amounts owing to Boustead and Brown shall, whether or not due for payment, become immediately payable in the event that,
9.5.1 Any money payable to Boustead and Brown becomes overdue, or in Boustead and Brown opinion the client will be unable to meet it’s payments as they fall due.
9.5.2 The client becomes insolvent, convenes a meeting with it’s creditors or proposes or enters into an arrangement with creditors or makes an assignment for the benefit for it’s creditors.
9.5.3 A receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the client or any asset of the client.
10 Security and Charge
10.1 Despite anything to the contrary contained herein or any other rights which Boustead and Brown may howsoever,
10.1.1 Where the client and/ or the guarantor (if any) is the owner of the land, realty or any other asset capable of being charged, both the client and/or the guarantor agree to mortgage and/ or charge all of their joint and/or several interests in the said land, realty or any other asset to Boustead and Brown or to Boustead and Brown nominee to secure all amounts and other monetary obligations payable under these terms and conditions. The client and/or the guarantor acknowledge and agree the Boustead and Brown (or Boustead and Brown nominee) shall be entitled to lodge where appropriate caveat, which caveat shall be withdrawn once all payments and other monetary obligations payable hereunder have been met.
10.1.2 Should Boustead and Brown elect to proceed in any manner in accordance with this clause and/or it’s sub-clause the client and/or the guarantor shall indemnify Boustead and Brown from and against all Boustead and Brown costs and disbursements including legal cost on a solicitor and own clients basis.
10.1.3 The client and/or the guarantor (if any) agree to irrevocably nominate constituted the appoint Boustead and Brown or Boustead and Brown’s nominee as the client’ and/or guarantor’s true and lawful attorney to perform all necessary acts to give effort to the provisions of this clause.
11 Cancellation
11.1 Boustead and Brown may cancel any contract to which these terms and conditions apply or cancel delivery of goods at any time before the goods are delivered by giving written notice to the client. On giving such notice Boustead and Brown shall repay to the client any sum paid in respect to the price. Boustead and Brown will not be liable for any loss or damage whatsoever arising from such cancellation.
11.2 In the event that the client cancels delivery of goods the client shall be liable for any loss incurred by Boustead and Brown (including, but not limited to, any loss of profits) up to the time of cancellation.