Terms & Conditions

TERMS AND CONDITIONS OF TRADE
1. Interpretation
 1.1 Unless otherwise inconsistent with the context the word “person” shall include a corporation:
 1.2 “goods” shall include services.
 1.3 Words importing the singular number shall be deemed to include the plural and vice versa.  Words importing the male gender shall be deemed to include the female and neuter gender and vice versa.
 1.4 “Steeline Metal Framing Systems” shall  mean Crayvine Pty Ltd, its successors and assigns.
 1.5 “customer” shall mean the person named as “the Applicant” on the credit application annexed hereto.
 1.6 “GST” means any goods and services tax.
2. Offer and Acceptance
 2.1 Any quotation made by Steeline Metal Framing Systems is not an  offer to sell or to provide goods. Steeline Metal Framing Systems shall not be bound by any order given in pursuance of any quotation until it is accepted in writing.   All orders are subject to acceptance by Steeline Metal Framing Systems within thirty (30) days of receipt by Steeline Metal Framing Systems of the order.  These terms and conditions shall be deemed to be incorporated into any agreement between Steeline Metal Framing Systems and the customer.  Any terms and conditions contained in any order, offer, acceptance or other document of the customer and all representations, statements, terms and conditions and warranties (whether implied by statute or  otherwise) not embodied herein are expressly excluded to the fullest extent permitted by law.
 2.2 In so far as goods or services supplied by Steeline Metal Framing Systems are not of a kind ordinarily acquired for personal, domestic or household consumption, the liability for breach of a condition or warranty, implied into this contract by the Sale of Goods Act or the Trade Practices Act (other than a condition implied by Section 69) is limited:
  (a)  in the case of goods to any one of the following as determined by Steeline Metal Framing Systems:
 (i) the refund of the price paid by the customer for the goods or the issue of a credit note for such amount; or
  (ii) the replacement of the goods or the supply of equivalent goods; or
  (iii) the repair of the goods; or
  (iv) the payment of the cost of replacing the goods or at acquiring equivalent goods; or
  (v) the payment of the costs of having the goods repaired;
 (b)  in the case of services to any one of the following as determined by Steeline Metal Framing Systems;
 (i) the supplying of the services again; or
 (ii) the payment of the cost of having the services supplied again.
3. Delivery
 3.1 Any date quoted for delivery (“the quoted date”) is an estimate only and unless a guarantee shall be given by Steeline Metal Framing Systems in writing  providing for liquidated damages for failure to deliver by the quoted date Steeline Metal Framing Systems shall not be liable to the customer for any loss or damage howsoever arising even if arising out of the negligence of Steeline Metal Framing Systems for failure to deliver on or before the quoted date.  The customer shall accept and pay for goods and any “GST”  if and when tendered notwithstanding any failure by Steeline Metal Framing Systems to deliver by the quoted date.  Written advice to the customer that goods are ready for delivery whether in whole or in part shall constitute tendering and the terms of payment shall apply.
 3.2 Steeline Metal Framing Systems shall not be liable to any customer or any other party for direct or indirect or consequential injury, loss or damage whatsoever by reason or any delay in delivery whether the same is due to the negligence of  Steeline Metal Framing Systems or any other party, strike or any other industrial action be it of  Steeline Metal Framing Systems or other party or any other cause whatsoever.
 3.3 Steeline Metal Framing Systems reserves the right to deliver by installments. If delivery is made by installments the customer shall not be entitled:
  (a) to terminate or cancel the contract; or
  (b) to any claim, loss or damage howsoever arising failure by Steeline Metal Framing Systems to deliver any installments on or before the quoted date.
 3.4 It is agreed that Steeline Metal Framing Systems shall not be responsible for the delay in delivery caused by,  or in any way incidental to an act of God, war, fire, breakages of  machinery, strikes or arising out of any other unexpected exceptional cause, or any cause beyond reasonable control  of Steeline Metal Framing Systems.  
 3.5 Any quotation containing a provision to supply goods “ex stock” is subject to fulfillment of prior orders at the date of receipt of the customer’s order. 
4. Payment
 4.1 The customer shall pay the price of any goods supplied by Steeline Metal Framing Systems and any GST in addition to the price.
 4.2 Unless otherwise agreed in writing, payment terms are net cash 30 days from the end of the month in which the goods are invoiced to the customer.
 4.3 This term as to the payment shall be of the essence of the contract.
5. Title 
 5.1 Notwithstanding the delivery of the goods or part thereof, the goods remain the sole and absolute property of Steeline Metal Framing Systems  as full legal and equitable owner until such time as the customer shall have paid Steeline Metal Framing Systems the full price including any  GST together with the full price of any goods then the subject of any other contract with Steeline Metal Framing Systems including any GST.
 5.2 The customer acknowledges that he receives possession of and holds goods delivered by Steeline Metal Framing Systems solely as bailee for
  Steeline Metal Framing Systems until such time as the full price thereof is paid to Steeline Metal Framing Systems together with the full price of any goods then the subject of any other contract with Steeline Metal Framing Systems including any GST.
 5.3 Until such time as the customer becomes the owner of the goods, he will;
  (a) store them on the premises separately;
  (b) ensure that the goods are kept in good and serviceable condition;
  (c) secure the goods from risk, damage and theft; and
  (d) keep the goods fully insured against such risks that are usual or common to insure against in a business of a similar nature to that of the customer.
 5.4 (a) Until the goods are paid for in full, including GST, Steeline Metal Framing Systems authorises the customer to sell the goods as its agent.  However, the customer shall not represent to any third parties that it is acting in any way for Steeline Metal Framing Systems. Steeline Metal Framing Systems will not be bound by any contracts with third parties to which the customer is a party.
  (b) The proceeds of any sale of the goods shall be paid into a separate account and held in trust for Steeline Metal Framing Systems.  The customer shall account to Steeline Metal Framing Systems from this fund for the full price of the goods including any GST.
  (c) The customer is entitled to a period of credit, but if prior to the expiration of the period of credit the goods are sold and the proceeds of sale are received by the customer then the customer shall account to Steeline Metal Framing Systems for the price of the goods including any GST.
  (d) Should the customer die, stop payment or call a meeting of its creditors or become insolvent or subject to the bankruptcy laws, or being a company, appoints an administrator or calls a meeting for the purpose of or to go into liquidation or has a winding-up application presented against it or has a receiver appointed, Steeline Metal Framing Systems may at its option notwithstanding its waiver of such default or failure and without prejudice to its other rights under this contract, suspend or cancel this contract or require payment in cash before or on delivery or tender of goods notwithstanding the terms of payment previously specified, or may repossess and take over the goods and dispose of the same in its own interest without prejudice to any claim it may have for damages for any loss resulting from such resale.
      
 5.5 If  the customer does not pay for any goods on the due date then Steeline Metal Framing Systems is hereby irrevocably authorised by the customer to enter the customer’s premises (or any premises under the control of the customer or as agent of the customer in which the goods are stored) and use reasonable force to take possession of the goods without liability for the tort of trespass, negligence, assault and battery or payment of any compensation to the customer whatsoever.
 5.6 On retaking possession of the goods Steeline Metal Framing Systems may elect to refund to the customer any part payment that may have been made and to credit the customer’s account with the value of the goods less any charge for recovery of the goods, or to resell the goods.
6. Risk
 Unless otherwise agreed in writing, risk in the goods shall pass to the customer at the time when the goods have been placed on the vehicle which is to effect delivery from Steeline Metal Framing Systems’s store or warehouse.  The goods shall remain at the customer’s risk at all times unless and until Steeline Metal Framing Systems retakes possession of the goods pursuant to these terms and conditions.
7. Claims and Returns
 7.1 Subject to clause 2.2 herein, Steeline Metal Framing Systems shall not be liable for any loss or damage whatsoever and however arising whether direct or indirect or consequential or in respect of any claim whenever and however made for any loss or damage, deterioration, deficiency or other fault or harm in the goods provided by or on behalf of or in any arrangement with Steeline Metal Framing Systems or occasioned to the customer or any third party or to his or their property or interest and whether or not due to the negligence of Steeline Metal Framing Systems, its servants or agents.
 7.2 As soon as any of the facts or matters which form any part of any claim or complaint whatsoever become known to the customer, the customer shall within fourteen (14) days notify Steeline Metal Framing Systems in writing of the same.
 7.3 Steeline Metal Framing Systems shall not be liable in any circumstances for any:
  (a)  defects or damages caused in whole or in part by misuse, abuse, neglect, improper application, repair or alteration (other than by Steeline Metal Framing Systems) or accident;
  (b) any transport installation removal, labour  or other costs;
  (c) details in goods not manufactured by it but Steeline Metal Framing Systems will endeavour to pass on to the customer the benefit of any claim made by Steeline Metal Framing Systems and accepted by the customer and the benefit of any claim made by Steeline Metal Framing Systems and accepted by the manufacturer of such goods under a warranty given by the manufacturer of such goods provided that nothing contained in this subparagraph shall limit the rights of  the customer to proceed against Steeline Metal Framing Systems  pursuant to the Trade Practices Act; and
  (d) technical advice or assistance given or rendered by it to the customer or not in connection with the manufacture construction or supply of goods for or to the customer.
8. Force Majeure
 If  by reason of any fact, circumstance, matter or thing beyond the reasonable control of Steeline Metal Framing Systems, Steeline Metal Framing Systems is unable to perform in whole or in part any obligation under this contract, Steeline Metal Framing Systems shall be relieved of that obligation under this contract to the extent and for the period that it is so unable to perform and shall not be liable to the customer in respect of such inability.
9. Default
 Upon the occurrence of default by the customer in compliance with the terms herein:
 9.1 Steeline Metal Framing Systems may at its discretion withhold further supplies of goods or cancel the contract, or vary the terms of this contract without prejudice to its rights hereunder PROVIDED HOWEVER that Steeline Metal Framing Systems may at any time and from time to time upon such terms as it may determine waive any of its rights under this clause, but without prejudice to its rights thereafter of any of the events herein before referred to or upon the continuation after any such waiver of any state of affairs the subject of such waiver.
 9.2 The customer hereby authorises Steeline Metal Framing Systems or its agent to review its books and records, including all bank statements and other bank records, to determine whether the customer is able to pay its debts as and when they fall due and the customer further irrevocably grants to Steeline Metal Framing Systems a licence to enter upon the customer’s premises for such purpose.
 9.3 The customer shall pay to Steeline Metal Framing Systems interest at the rate of 1.5% per  month on daily balances in respect of any amounts as may from time to time be overdue until paid and such money together with all interest shall be recoverable forthwith from the customer as a liquidated debt.
 9.4 Without prejudice to any other right or remedy the customer shall indemnify Steeline Metal Framing Systems against any costs, fees, charges and disbursements (inclusive of any GST) charged by any mercantile or collection agent or solicitor engaged for the purpose of the collection or recovery of monies due and payable by the customer  to Steeline Metal Framing Systems on an indemnity basis and all such costs shall be recoverable as a liquidated debt and, at the option  of Steeline Metal Framing Systems, may be recovered in the Minor Debts Court.
 9.5 The customer shall pay to Steeline Metal Framing Systems an administration fee of $50.00 on the occurrence of every event of default as a liquidated debt being a genuine pre-estimate of the loss of  Steeline Metal Framing Systems in respect of such act of default, however such fee shall not preclude Steeline Metal Framing Systems from claiming any  higher amount from the customer for any loss occasioned by such act of default.
10. Change Of Ownership
 The customer agrees to notify Steeline Metal Framing Systems in writing of any change of ownership of the customer or its business, or of directorships in the case of a corporate customer, or of any other change whatsoever affecting this agreement within seven (7) days from the date of such change and indemnifies Steeline Metal Framing Systems against any loss or damage incurred by it as a result of the customer’s failure to notify Steeline Metal Framing Systems of any change.
11. Lien Charge
 11.1 The customer hereby acknowledges and agrees that Steeline Metal Framing Systems has a lien over all goods in it’s possession belonging to the customer  to secure payment of any or all amounts outstanding from time to time.
 11.2 The customer hereby charges all property, both equitable and legal, of the customer in respect of any monies that may hereinafter be owing to Steeline Metal Framing Systems under  this contract by the customer or otherwise and hereby authorise Steeline Metal Framing Systems or its solicitors to execute any consent form as its attorney for the purpose of registering a caveat over any real property owned by the customer at any time, or to register this charge over assets of the customer with the Australian Securities Commission.
12. Jurisdiction
 12.1 This contract for the supply of the goods is deemed to have been entered into in the State of Queensland.  Any legal action arising out of or in respect of the contract and/or the interpretation thereof shall be brought only in the Courts of Brisbane in the State of Queensland and the customer irrevocably submits itself to the jurisdiction of the Courts of Brisbane in the State of Queensland.
 12.2 If  the subject matter of any dispute arising hereunder is within the jurisdiction of the Queensland Building Tribunal then the customer hereby elects not to have such dispute determined in the Queensland Building Tribunal but instead to have such dispute heard and determined either in the Magistrates, District or Supreme Court according to the jurisdiction of each such court.