TERMS AND CONDITIONS OF SALE
Definitions:
In these terms and conditions of sale, the “supplier” shall mean DECORATOR FENCING PTY LTD and the “purchaser” shall mean the company, firm or person who places an order with DECORATOR FENCING PTY LTD.
Prices and Payment:
1.1 Unless otherwise indicated in writing, prices are ex-works and exclude freight, insurance, delivery charges and other taxes or duties.
1.2 The terms of trading accounts are that all invoices are payable within seven (7) days after delivery and in no circumstances shall the purchaser be entitled to make any deduction or withhold payment for any reason, unless otherwise indicated in writing.
1.3 Time for payment shall be of the essence of the contract. Without prejudice to any other rights of the supplier, if the purchaser fails to pay the invoice price by the due date, the purchaser shall not be allowed any discount given in that invoice and shall pay interest on any overdue amount from the date payment was due to the date of payment (whether before or after judgment) at the rate of 1.5% per month and shall reimburse the supplier all costs and expenses (including legal costs) incurred in the collection of any overdue amount.
Ownership of Products:
2.1 Notwithstanding the earlier passing of risk, title to the products shall remain with the supplier and shall not pass to the purchaser until the amount due under the invoice for the products has been paid in full.
2.2 Until title passes, the purchaser shall hold the goods as bailee for the supplier. Notwithstanding the foregoing, the supplier shall be entitled at any time before title passes to re-possess and dismantle and use or sell all or any of the products and so terminate without any liability to the purchaser the purchaser’s right to use, sell or otherwise deal in them and for that purpose to enter any premises of the purchaser and further the supplier shall be entitled to maintain an action for the price of the products notwithstanding that title
in them has not passed to the purchaser.
Risk, Delivery and Performance:
3.1 Products are delivered to the purchaser when the supplier makes them available to the purchaser or any agent of the purchaser or any carrier (who shall be purchaser’s agent whoever pays his charge(s) at the supplier’s premises or other delivery point agreed upon by the supplier.
3.2 Risk in the products passes when they are delivered to the purchaser.
3.3 The supplier may, at its discretion, deliver the products by installments in any sequence. Where the products are delivered by installments each installment shall be deemed to be the subject of a separate contract and no default or failure by the supplier in respect of any one or more installments shall vitiate the contract in respect of the products previously delivered or undelivered products.
3.4 Products will be delivered to unattended sites upon the purchaser’s request only on the basis that, upon the products being unloaded from the delivery vehicle at the location, the products shall be deemed to have been delivered and accepted by the purchaser and the supplier shall be absolved from further responsibility. Where delivery cannot be effected, a delivery and return fee will be charged to the purchaser or the purchaser’s account.
3.5 Except where products are delivered to unattended sites, the purchaser agrees to check all products received against delivery dockets immediately upon unloading at the destination. The supplier’s invoicing charge will be based on the quantity of products delivered as per the delivery docket. Any claim for alleged short delivery must be made in writing within forty-eight hours of delivery otherwise it will not be recognised by the supplier and in the absence of any such claim, the purchaser shall be liable to pay for the full quantity of products stated in the supplier’s delivery docket.
3.6 The supplier shall not be liable for any claim resulting from the use by the purchaser of any improper, defective or damaged products and no claim will be allowed on account of any purchases or returned products unless authorised by the supplier.
3.7 The supplier will use every effort to execute orders within any time specified or quoted but no liability or responsibility will be accepted for delays arising from causes beyond the supplier’s control.
3.8 Delivery and/or performance of the contract is subject to the ability of the supplier to obtain materials from its normal source of supply. The supplier reserves the right to cancel or postpone delivery due to war, civil commotions, strikes, lockouts, unavailability of transport and/or any other causes beyond it reasonable and practical control.
3.9 The supplier reserves the right to rectify errors and/or omissions at its own expense within a reasonable time after notification to the purchaser.
3.10 Products will be supplied in accordance with the following Australian Standards:-
AS1170 - Live and dead loads.
AS1288 - Glass standard.
AS1926 - Fences and gates for private swimming pools.
3.11 Any increase in the cost of raw materials and/or labour and/or freight charges to the supplier occurring after the date of quotation and/or prior to delivery, shall be to the purchaser’s account and shall be added to the price quoted.
3.12 The supplier may, at its discretion, suspend or terminate the supply of any products if the purchaser fails to make any payment when and as due or otherwise defaults in any of its obligations under the contract or any other agreement with the supplier or becomes insolvent, has a receiver appointed of its business or is compulsory or voluntarily wound up or the supplier bona fides believes that any of those events may occur, and in case of termination shall be entitled to forfeit any deposit paid.
Warranties and Liability:
4.1 Except to the extent that implied conditions and warranties contained in the Trade Practices Act or any other Act cannot be excluded, all implied conditions and warranties are hereby excluded.
4.2 Subject to the extent that conditions and warranties cannot be excluded under the Trade Practices Act, the supplier’s liability shall be limited and the purchaser’s sole and exclusive remedy for any damages whether direct, indirect, special or consequential shall be limited to any one of the following:-
(i) In the case of goods-
(a) the replacement of the products or supply of equivalent products;
(b) the repair of products;
(c) after agreement with the supplier, the payment of the cost of replacing, repairing or having products replaced or repaired;
(ii) In the case of services-
(a) The supply of the services again;
(b) Payment of the cost of having the services supplied again.
4.3 Fencing products are sold on the express understanding that DECORATOR FENCING PTY LTD the distributor accepts no responsibility should an accident occur in a pool or area where this fence has been erected. Final responsibility for pool safety is with the owner or occupier of the property where the pool is situated.
4.4 To maintain the appearance and service life of the product regular washing down with clean soapy water and a soft cloth is recommended.
Non-standard Product and Cancellation:
5.1 Where an order has been placed for a non-standard product or colour range, a deposit of 50% may be required prior to manufacture with the balance of the contract price payable on completion and prior to delivery.
5.2 Where notice of cancellation of an order for a non-standard product or colour range is received, the supplier shall be entitled to charge in full and for this purpose shall be entitled to forfeit the deposit and sue for the balance contract price. Orders for standard products or colour range may be cancelled by written notice at any time prior to the products being manufactured and/or allocated to the contract but if the cancellation notice is received after the products have been manufactured and/or allocated to the contract, then a packing and handling charge will be payable by the purchaser.
General:
6.1 Any taxes or Government charges imposed upon the supplier relating to the supply of products or services pursuant to the quotation or contract
shall be an additional charge of the purchaser.
6.2 It is the purchaser’s responsibility to ensure that all floors and wall sub- structures are adequate for the purpose of the installation of balustrading and its compliance with AS1170
6.3 No work will commence until the stated deposit and acceptance slip is received or in the case of account customers a written Company order or quoted sheet has been signed.
6.4 Council approval. Any Council approval for fencing or balustrading is the responsibility of the purchaser.
ROCK CLAUSE:
If Rock etc. is encountered extra costs of $100 per day for jack hammer hire plus $45 per man hour will be charged. It is the purchaser’s responsibility to advise Decorator Fencing of the location of all underground and hidden services. Decorator Fencing will take reasonable care during installation of the works. However, no responsibility will be accepted, nor compensation paid, for damage to or repair of underground or hidden services.

LEGEND
X - our post - timber post - steel post - concrete/brick column
W/M - wall mount
F/W - frame width
AOS - actual opening size
C/D - core drill
I/G - in ground
FL - flange post
F - footing