Terms & Conditions

1. Risk and Title to Goods

Risk of damage to, or loss or deterioration of any goods supplied will pass to the buyer on the delivery of such goods, but property in and title to such goods will not pass to the buyer until all goods and services supplied by the company to the buyer have been paid for in full.

Until then:

a) the buyer will hold the goods supplied as bailee of the Company;
b) the buyer may sell the goods supplied in the ordinary course of its business as agent for the Company and will account to the Company for any sale proceeds; and
c) the Company may require the buyer to return the goods supplied on demand and may go onto the premises of the buyer and repossess the goods.

2. Goods and Services Tax

The buyer must pay the Company a total price which includes the goods and services tax paid or payable by the Company in respect of goods and services supplied by the Company to the buyer. The amount payable by the buyer will be stated in an invoice to the buyer. Any other relevant taxes on the goods supplied will, to the extent not included in the price list, be debited to the buyer's account.

3. Trading Terms

Trading terms are net and no settlement discount will be allowed. Payment is required by not later than the end of the month following the month of despatch of the goods from the Company's premises.

4. Price Fluctuations

All prices and charges are subject to alteration without notice. Orders are accepted by the Company subject to the condition that the buyer agrees to pay the Company prices ruling for such goods on the date delivery is made or goods are collected from the Company's premises.

5. Ability to Supply

Every effort will be made to fulfil orders placed with the Company. But if the Company's ability to fill an order or to obtain the necessary labour and materials or articles or the cost thereof or of obtaining or importing the same be affected (directly or indirectly and whether by circumstances already existing or otherwise) by war, any law or provision having or purporting to have the effect of law, strikes, lockouts, civil commotion, restraints of government, rise in freight, duties or other charges acts of God, loss at sea, or by any cause beyond the control of the Company, it shall have the right:
a) to elect to extend the time for fulfilment of the order or compliance with any delivery or completion date;
b) with the buyer's approval, to alter the specifications for the goods so as to allow the substitution of equivalent goods; or
c) to terminate the order without liability for breach of contract or for any antecedent breach.

In any event the Company will be entitled to full payment for all goods which have been delivered and for any services which have been performed. The Company will not be liable for any loss, including but not limited to consequential loss and loss of profits, arising from any delay in its performance of the contract or the early termination of any order.

6. Insurance

Goods in transit are not insured by the Company unless a specific agreement to do so is made in writing. Charges for agreed insurance will be debited to the buyer's account.

7. Responsibility

Where goods are consigned by rail or ship or taken by the buyer's own transport from the Company's premises the Company's responsibility ceases on delivery to rail, ship or carrier's lorry.

Where goods are delivered by the Company's carriers direct to buyer's or to country carrier's depot, the Company's responsibility ceases on completion of such delivery.

Any claim for loss or damage in transit should be made direct to the railway, shipping authority or carrier concerned. Where goods are delivered by the Company's own transport, claims for credit for damaged or missing goods must be made within seven (7) days of date of invoice.

8. Crating

Pipes are normally supplied in standard packs at no extra charge. If requested, additional crating for remote areas, rough terrain and sea transport is supplied at agreed prices and charged to the buyer's account.

9. Delivery Charges and Conditions

Where reference is made in the price list to delivery, this shall mean delivery to rail, wharf or carrier's depot in Brisbane, Sydney or Melbourne (as applicable and not including any charges incurred at rail-head or wharf) or delivery as nominated by the buyer within the defined metropolitan area. For delivery outside the defined metropolitan area, freight costs will be charged to the buyer with due consideration to delivery location, quantity ordered and 'on-truck' requirements. Where the price of any order is less than $1500, a delivery fee minimum of $150 will be added to the invoice, for deliveries within and outside the metropolitan area.

10. Returns

Goods will not be accepted for credit without prior arrangement with the Company.

Credit for goods returned to the Company's premises is subject to acceptance of the goods in resale condition. Non standard goods and goods in non standard sizes will not be accepted for credit under any circumstances.

Claims for credit must quote the date and the invoice number on which the goods to be credited were purchased. A handling charge of 25% of the total return will be made to cover the cost of sorting, restacking and testing.

11. Non Standard Goods and Charges

Cancellation of non standard goods and goods of non standard size will only be accepted before delivery, on the basis that the buyer pays for all costs incurred in manufacture up to the date of cancellation.

The company reserves the right to request a deposit from the buyer before commencing the manufacture of non standard goods and/or goods of non standard size. The deposit may be forfeited if the buyer fails to accept delivery of the non standard size/goods by the date indicated for delivery by the buyer at the time of placing the order.

12. Warranty

The Company warrants that its goods are free from defects caused by faulty manufacture or materials. If any of its goods are so defective, the Company's liability will be limited (as its option) to either supply of replacement goods or reimbursement of the purchase price.

All warranties other than those specified by the Company are hereby excluded, and all conditions, obligations and liabilities however arising are hereby excluded. Nothing in the warranty, however shall be construed as affecting any rights the buyer may have under the Trade Practices Act or any other Commonwealth or State Legislation which gives the buyer rights which cannot be modified or excluded by agreement.

To the fullest extent permitted by law the Company will not be liable to the buyer for loss of profit or other economic loss; direct, indirect or consequential loss; special general or other damages; or expenses or costs arising out of any breach of warranty or contract or any common law duty (including negligence) by the Company, its agents or employees.