Lockyer Lawns – Terms and Conditions of Trade
1. Definitions
1.1 Supplier means Lockyer Lawn Supplies Pty Ltd T/A Lockyer Lawns, its successors and assigns, or any person acting on behalf of and with the authority of Lockyer Lawn Supplies Pty Ltd T/A Lockyer Lawns.
1.2 Client means the person/s ordering the Goods as specified in any quotation, order, invoice or other document and if there is more than one Client is a reference to each Client jointly and severally.
1.3 Goods means all Goods and Services supplied by the Supplier to the Client at the Client’s request from time to time.
1.4 Price means the Price payable for the Goods as agreed between the Supplier and the Client in accordance with clause 4.
2. Acceptance
2.1 The Client is taken to have exclusively accepted and is immediately bound by these terms and conditions if the Client places an order for Goods or accepts Delivery.
2.2 These terms and conditions may only be amended with the Supplier’s consent in writing.
2.3 Electronic signatures shall be deemed accepted in accordance with the Electronic Transactions (Queensland) Act 2001.
3. Change in Control
3.1 The Client shall give not less than fourteen (14) days written notice of any change of ownership or business details.
4. Price and Payment
4.1 At the Supplier’s discretion the Price shall be as shown on invoices or quoted prices.
4.2 The Supplier may change the Price due to variations or cost increases beyond its control.
4.3 A deposit may be required prior to Delivery.
4.4 Payment is due on dates specified on invoices or within fourteen (14) days.
4.5 Payments accepted include cash, cheque, bank transfer and credit card (surcharge up to 1.5%).
4.6 Prices exclude GST unless stated. The Client must pay all applicable taxes.
5. Delivery
5.1 Delivery occurs when Goods are collected or delivered to the nominated address.
5.2 Delivery costs may be included in the Price.
5.3 Goods may be delivered in instalments.
5.4 Delivery times are estimates only.
6. Risk
6.1 Risk passes to the Client upon Delivery.
6.2 Insurance proceeds for damaged Goods prior to ownership passing belong to the Supplier.
6.3 Unattended deliveries are at the Client’s risk.
6.4 All advice is given in good faith without liability.
6.5 Variations in Goods appearance may occur.
6.6 Goods may fade, stain or be damaged due to conditions.
6.7 The Client warrants suitable installation surfaces.
6.8 The Supplier is not liable for faulty third-party installations.
6.9 Asbestos removal is the Client’s responsibility.
6.10 The Supplier is not liable for future structural movement.
7. Dimensions, Plans and Specifications
7.1 The Client is responsible for accuracy of all supplied specifications.
7.2 Client must verify all estimated measurements.
8. Underground Locations
8.1 The Client must clearly identify underground services.
8.2 The Client indemnifies the Supplier for undisclosed services.
9. Title
9.1 Ownership does not pass until full payment is received.
9.2 Non-cash payments must clear before ownership passes.
9.3 The Client holds Goods on trust until paid in full.
10. Personal Property Securities Act 2009 (PPSA)
10.1 These terms create a security interest under the PPSA.
10.2 The Client authorises PPSR registrations.
10.3 The Client must assist in all registration processes.
10.4 Specific PPSA rights are waived as permitted.
11. Security and Charge
11.1 The Client charges all assets as security.
11.2 The Client indemnifies the Supplier for enforcement costs.
11.3 The Supplier is appointed attorney to enforce security.
12. Defects, Warranties and Returns
12.1 Inspection must occur within 36 hours of Delivery.
12.2 Consumer guarantees under the CCA apply.
12.3 Liability is limited to the maximum extent permitted by law.
12.4 Returns are subject to inspection and approval.
13. Intellectual Property
13.1 All designs remain the Supplier’s property.
13.2 The Client indemnifies the Supplier for IP breaches.
13.3 The Supplier may use materials for marketing.
14. Default and Consequences
14.1 Interest accrues at 2.5% per month on overdue accounts.
14.2 The Client indemnifies recovery costs.
14.3 Reversed credit card payments remain payable.
14.4 Supply may be suspended for breach.
14.5 All monies become immediately due upon default.
15. Cancellation
15.1 The Supplier may cancel prior to delivery.
15.2 The Client bears all losses from cancellation.
15.3 Custom Goods cannot be cancelled once production begins.
16. Privacy Act 1988
16.1 Credit information may be obtained.
16.2 Information may be exchanged with credit agencies.
16.3 Information can be used for debt collection.
16.4 Data may be used for account management.
16.5 The Client may request access or corrections.
16.6 Complaints can be lodged with the OAIC.
17. Building and Construction Industry Payments Act 2004
17.1 The Act may apply to unpaid disputes.
17.2 Rights under the Act are preserved.
18. General
18.1 No waiver of rights.
18.2 Queensland law governs this agreement.
18.3 No liability for indirect or consequential loss.
18.4 No set-off is permitted.
18.5 The Supplier may subcontract.
18.6 Terms may be amended by notice.
18.7 Force majeure applies.
18.8 The Client warrants full authority to enter this contract.
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