Terms and conditions of supply of waste water treatment system only
R & F Building Industries
Please read these terms and conditions carefully. These terms and conditions may have changed since your last visit to this site. By using this site, you acknowledge acceptance of these terms and conditions.
All goods and services supplied by R & F Building Industries (“the Supplier”) are supplied on these terms and conditions.
- Supply of goods
- All supplies of goods and or services by the Supplier to the Customer during the term of this agreement will be on the terms and conditions herein.
- No other terms and conditions will apply to the supplies of goods and or services by the Supplier unless they are accepted in writing by the Supplier
- The Customer acknowledges that the Supplier’s supply of goods and or services is subject to availability at the time of ordering.
- The Supplier will not be liable in any circumstances for failure to supply any goods and or services ordered by the Customer.
- The Supplier reserves the right to discontinue any product of change its design at any time.
- In the event of the discontinuance of change in design of goods, the Supplier is not liable for supply of any outdated goods. The Customer may update to the new model at their own cost.
- Property in any goods delivered to the Customer will not pass to the Customer until payment in full for the goods and services is made to the Supplier as set out in the tax invoice.
- The Customer must submit an order directly to the Supplier.
- Any Customer Order submitted by the Customer to the Supplier will constitute an offer on the terms and conditions of this agreement, as amended or supplemented by the express terms of the Customer Order.
- If the Supplier accepts an order, the Supplier and the Customer will be contractually bound to complete the order in accordance with the terms and conditions herein.
- Upon payment of the tax invoice, the Supplier will arrange the dispatch date and the goods to be removed from the holding yard and delivered to the delivery address (‘the site’) within 14 days subject to clause 4.
- All credit orders are accepted by the Supplier subject to satisfactory credit approval of the Customer, and are governed by the Supplier’s credit terms and conditions in force at the time of order placement, including the right to charge interest. Credit approval once granted may be withdrawn at any time.
- Payment must be made in full without set off or deduction before the goods are dispatched. The Supplier will investigate any disputed amounts, and if resolved in favour of the Customer, a credit will be issued to the Customer.
- The Supplier reserves the right to charge Card Surcharges in the event payments are made using a credit, debit or charge card including Visa, MasterCard, American Express or Diners Club.
- All prices quoted by the Supplier will be firm for 30 days of the date of the quote.
- Payment for material, goods and services pursuant to this agreement including GST is due on the last day of the month following the month in which the goods were delivered or services provided unless other stated in writing by the Supplier. GST has the same meaning as in a new Tax System (Goods and Services Tax) Act 1999.
- Upon payment of the tax invoice, the Supplier will arrange the dispatch date and the goods to be removed from the holding yard and delivered to the delivery address within 14 days in accordance with clause 3(d).
- The Supplier reserves the right to change the price of the goods without prior notice to the Customer.
- After the due date of payment, the Supplier may charge interest on outstanding amounts payable, calculated on a daily balance, at the reference rate of our nominated Banking Corporation +2%.
- The Customer agrees to pay and reimburse the Supplier on demand for all legal costs, stamp duty or other costs or expenses suffered or incurred by the Supplier in respect of the preparation of any agreements, personal guarantees, securities or other documentation required by the Supplier or to document or secure the provision of credit to the Customer together with all collection and enforcement costs and expenses which the Supplier may suffer or incur in connection with the sale of goods or supply of services or provisions of credit to the Customer (without limitation) legal costs on a full indemnity basis.
- The Supplier will make all reasonable efforts to deliver the goods to the site at agreed time and date subject to factors causing any delays whatsoever in the delivery or installation of the goods and will not be liable for any losses incurred by the Customer or the installer of the goods as a result of any such delays.
- The parties agree and acknowledge that delivery and unloading of goods are at the truck driver’s discretion and the Supplier reserves the right to cancel the order to in the event that the conditions of the site are unsafe.
- The parties agree and acknowledge that the Supplier will decide the delivery method of the goods to the site referred to in the invoice:
(i) If the delivery of the goods to the site is on a tray truck, the Customer must supply an excavator or crane and certified lifting equipment at the Customer’s expense and to unload the goods the Customer must ensure that there must be level ground at the site free from obstruction to unload the goods off the truck and the tray truck is able to park on level solid ground. The Supplier and the Customer agree that 1 hour has been allowed for the unloading of the goods and the Customer agrees to pay the additional costs and charges incurred by the Supplier in the event that more than 1 hour is required to unload the goods;
(ii) If the delivery of the goods to the site is on a crane truck, the Customer shall always ensure there is a suitable adjacent area of flat, firm ground on the site for the delivery truck to obtain access and it must be stable at all times during craning. The Customer shall always ensure that there is a suitable adjacent side space for the goods to be unloaded, and that there are no overhead obstructions such as power lines or trees. The Customer acknowledges and agrees that the truck will reverse into the excavation area on the site and that the truck needs to be within 1 metre of the excavated area. The following conditions apply to all deliveries:
- Standard delivery charge includes max. 1 hour site time. Any additional time will be charged to the Customer; and
- If there is no safe access to the excavation area for craning in, the goods will be unloaded and left at the closest accessible point on the site. Any additional charges in this regard will be the Customer’s responsibility; and
- Delivery and unloading are at the driver’s discretion.
For safety advice and to ensure the waste water treatment system’s (‘ the system ’) warranty is not affected, always consult the Supplier before attempting to move or install goods.
The Supplier will not be responsible for any problems, malfunction, damage or any other consequences which result directly or indirectly from failure to comply with any of the instructions above.
(iii) in the event that the Customer picks up the goods from the Supplier’s holding yard, the Customer acknowledges and agrees that the risk to the goods will be deemed to have passed to the Customer upon pick up of the goods from the Supplier’s holding yard. The Supplier in no circumstances will be liable for any loss or damage to the goods upon the goods being picked up from the Supplier’s holding yard.
(iv) in the event that the Supplier delivers the goods to the site, the Customer acknowledges and agrees that the risk to the goods will be deemed to have passed to the Customer upon delivery of the goods to the site. The Customer must be present at the site on the date of delivery of the goods and must sign the Supplier’s delivery docket and acknowledge that the goods and quantities described on the delivery docket comply with the Customer order. In the event that the Customer does not sign the Supplier’s delivery docket, the Supplier will rely upon directions from the person apparently in charge of that part of the site for which the goods and services are supplied as proper and sufficient delivery. The signature of the driver on the delivery docket shall be sufficient evidence of delivery of the goods and quantities described in the delivery docket to the Customer.
- The Customer is solely responsible for acceptance of orders and shall raise no claims for loss or damage to orders where same are, by arrangement, delivered to and left at unattended sites.
- The Customer shall notify the Supplier of any defects in goods or wrongly supplied goods within seven (7) days of delivery of the goods. The Supplier shall only be liable for correction of such defects or error as are notified and agreed within the stipulated time.
- Specially procured items cannot be returned. Stock line items delivered to order may be returned within fourteen (14) days of delivery if approved by the Supplier and must be accompanied by the corresponding invoice/ delivery docket. The Supplier reserves the right to charge a handling fee of 10% on all returns.
- The Supplier reserves the right to charge for delivery of the goods at any time, notwithstanding that it may not have previously done so. Administrative fees may also be imposed for orders under certain dollar values. Where prices are stated as inclusive of delivery, delivery is to the delivery point specifically accepted by the Supplier.
The parties agree that cancellations require 24 hours’ written notice prior to the date of delivery, before 10.00am the day before.
- Unless otherwise agreed in writing the price for the goods and services shall be that price listed by the Supplier at the date of order on its invoice. The Supplier’s price list is GST inclusive. GST will be charged at the appropriate rate as at the date of invoice.
(i) the Customer acknowledges and agrees that as per state and local government regulations the system on the site is required to be serviced every 3 months, 4 times per year. The system comes to the Customer with its first year of servicing, the initial commissioning and 3 services calls. The commissioning and servicing of the system will be completed by the Supplier (an accredited Taylex service agent) as per the service agreement which will be provided to you with the Customer Order or shortly thereafter. The Supplier at its discretion may arrange for the commissioning and the servicing for the first twelve months to be undertaken by another accredited Taylex service agent at the Supplier’s expense.
(ii) There is a 12 month warranty on all electrical components in the system (provided strictly that the system is serviced every 3 months by an accredited Taylex service agent for the duration of this warranty period). A copy of the manufacturer’s warranty may be found on Taylex’s website.
(iii) the Customer must contact the service agent to arrange the service of the system after the first years’ service;
(iv) After the first years’ service, customers who continue to have the system serviced by an accredited Taylex service agent will have the benefit of an extended warranty of up to an additional two years on electrical components (‘the extended warranty period’) being three years in total from the date of delivery on the system instead of normal 12 months (provided strictly that the system is serviced every 3 months by an accredited Taylex service agent for the duration of the extended warranty period).
(v) the Supplier reserves the right at its absolute discretion to engage a third party to carry out the service on the system. In the event that the Supplier engages a third party to carry out the service of the system, it will notify the Customer beforehand.
(vi) In the event that the Supplier engages another accredited Taylex service agent to carry out service of the system as set out in (i) above, the Customer acknowledges and agrees that the Supplier takes no responsibility or has any liability for any loss or damage to the Customer arising from the service of the system by another accredited Taylex service agent.
(vii) in order for the Supplier to attend to the service of the system, the Customer will need to read and complete the Service Agreement which will be provided to you with the Customer Order or shortly thereafter.
(viii) The Customer must sign, date and return the Customer and Property Details Form which is attached to this document, prior to the system being delivered.
- The parties acknowledge and agree that the service on the system excludes any laboratory testing annual sampling of effluent repairs to irrigation area on the property, plumbing repair to treatment plant, desludging of treatment plant and electrician connections.
- The parties further acknowledge that the price set out in the invoice excludes the following and the parties agree and acknowledge that the Customer is responsible for the following:
(i) submission of assessment to council for approval (i.e. compliance permit, plumbing approval/permit to install /permit to use etc.);
(ii) excavation of tank holes in ground, supply and preparation of the gravel base, backfilling around the tanks and water to fill tanks to avoid flotation. For the purpose of these terms and conditions, ‘tanks’ mean the same as tanks referred to in the tax invoice and order form. ;
(iii) subsurface irrigation (i.e. trenches, pressure compensated drippers, garden beds etc.);
(iv) preparation of land application area (i.e. turfing, levelling reduction in gradient terracing importation of soils, mulching, planting out, diversion moulds, scarification or addition of gypsum to existing soils etc.);
(v) connections between building premises on the site and the system. The Customer is required to engage a licensed plumber for the sewer connection to the system and installation of irrigation;
(vi) the installation of the system or any repairs to or replacement of the system. The Customer is required to engage a licensed plumber; and
(vii) installation of the power connection. The Customer is required to engage a licensed electrician to install the power connection. All tanks shall be installed as per Taylex tanks installation and excavation details. Tanks must be lifted as per Taylex tanks lifting procedure.
- Responsibility to notify
The parties agree that it is the responsibility of the Customer to notify the Supplier in relation to the commissioning of the system on the property.
- Change of Ownership
In the event of the Customer, being an individual or partnership, incorporates his/her business and Company continues to use the existing account, or the account is used by a Company of which he/she is a director, he/she hereby agrees to personally guarantee all due debts. If ownership of the Customer’s business changes, the Customer will remain liable for all debt incurred on this account until such time as the Supplier is notified in writing of such change.
- Limitation of Liability
The Customer acknowledges that no warranty, condition, description or representation in relation to goods supplied is given by the Supplier, expressly or implied. All warranties, terms and conditions in relation to the state, quality of fitness of the goods and or every other kind whether implied by use, statute or otherwise be hereby exclude. The Supplier shall not be liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind rising out of the supply of the goods arising out of the Supplier’s negligence or in any way whatsoever. The Supplier’s liability for breach of a condition or warranty implied by sections 54 – 64 of the Competition and Consumer Act 2010 (Cth) governed by Australian Consumer Law is hereby limited to:
- In the case of goods, any one or more of the following:
- The replacement of the goods of the supply of equivalent goods;
- The repair of the goods;
- The payment of the cost of replacing the goods or of acquiring equivalent goods;
- The payment of the cost of having the goods repaired; or
- In the case of services:
- The supplying of the services again; or
- The payment of the cost of having the services supplied again.
The Supplier’s liability under section 274 of the Competition and Consumer Act 2010 (Cth) governed by Australian Consumer Law is expressly limited to a liability to pay the Customer an amount equal to: (a) the cost of replacing the goods or the cost of obtaining equivalent goods; or (b) the cost of having the goods repaired, whichever is the lowest amount.
- Exercise of legal rights
The failure, delay, relaxation or indulgence on the part of the Supplier in exercising any power or right conferred upon the Supplier by these Terms and Conditions of Sale does not operate as a waiver of that power or right, nor does any single exercise of any power or right preclude any other or further exercise of it or the exercise of any other power or right under these Terms and Conditions of Sale.
- Governing Law
These Terms and Conditions of Sale shall be construed in accordance with the law in force in Victoria, Australia and the parties agree to submit to the non- exclusive jurisdiction of the Courts of that state. It shall be competent for the Supplier to issue proceedings in Victoria, Australia in a Court of competent jurisdiction.
Where these Terms and Conditions of Sale are qualified by any provision of law which applies and which cannot be excluded, where nay such provision in these Terms and Conditions of Sale is deemed to be unlawful or unenforceable, such provision shall be severed from these Terms and Conditions of Sale and all other provisions hereof shall remain in force to the fullest extent permitted by law.