Application for Credit Account
To establish a 30 day credit account with TrussCorp Pty Ltd, fill in the Credit Application attached, complete and return the original to PO Box 6194, YATALA DC QLD 4207. It is important that all information is supplied in full. An incomplete form may delay the processing of your application and a decision.
TERMS AND CONDITIONS
terms of payment are strictly thirty (30) days (or such other period as
nominated by the supplier herein) from end of month. TrussCorp Pty Ltd
ABN 99 124 771 848 and its related bodies corporate (as that term is defined in
the Corporations Act 2001) (Supplier) may, at any time,
unilaterally vary the terms of trade in its absolute and unfettered discretion.
the Applicant not pay for the goods or services supplied by the Supplier in
accordance with the credit terms as provided herein, or as agreed in writing by
the Supplier from time to time, the Supplier will be entitled to charge an
administration fee of 10 percent of the amount of the invoice payable per year, or part
thereof, from the date the goods or services were supplied (and not the day
when the Supplier’s invoice was payable) until payment by the Applicant.
prices will be as quoted or in accordance with the Supplier's current price at
the time of order whichever will be the higher. Verbal quotations are subject
to written confirmation.
expressly stated otherwise, all prices quoted or specified are expressed to be
exclusive of GST. In addition to the price, the Applicant must pay the full
amount of GST on the price of the Goods at the same time and in the same manner
as the price of the goods.
quotations shall be subject to rise and fall and shall remain valid for thirty
(30) days only from the date of issue unless subsequently confirmed in writing
by the Supplier after such period has elapsed.
prices quoted are these ruling at the date of issue and are based on rates for
freight, insurance, sorting, packing, waste, cost of materials and other
charges affecting the cost of production when the quote is made.
- The Applicant is to check and confirm all sizes,
quantities and dimensions prior to accepting Supplier’s quotation, as only
those items displayed will be supplied, all extras will be charged to the
Applicant or their account. Acceptance of the Supplier’s quotation shall be
confirmed by the Applicant in writing and be accompanied by sufficient
information to enable work to proceed, failing either of which the commencement
of work shall be withheld and requested delivery dates deferred until such time
as the said information is received.
- It is the final responsibility of the Applicant to
ensure that the plans, information and relevant details contained in the
documents provided for quoting are complete and accurate in every sense.
Information and changes to plans or special construction/fixing details that
are provided to the Supplier after accepting the initial quotation will attract
additional costs if not in accordance with the quotation. To avoid unexpected
costs, the Applicant must provide all details and clear direction on its
requirements at the quotation stage. The Supplier must receive all changes in
writing before those instructions are deemed as being received and sub
- Layouts provided at the quotation stage must not be
used for construction. Installation layouts, details and set out dimensions of
critical components will be supplied following the placement of order and
design for manufacture is completed.
- The Supplier
reserves the right to re-price all or any part of any quotation that has been
ordered by the Applicant, where the delivery and/or invoice of the product has
not occurred within ninety (90) days of the quotation’s acceptance date.
- In any
quotation the price of materials, transport and labour are quoted as at the
date thereof. If any such price be varied in any way between the date of the
quotation and the completion of the works so as to increase the total cost, the
Supplier reserves the right to adjust the quoted price(s) accordingly and this
clause shall apply to all quotations unless prices are stated therein as
- All sizes and
measurements required for goods or the manufacture thereof, the subject of any
quotation, are to be supplied and guaranteed correct by the Applicant.
Quotations given for bills of quantities provided by the Applicant are limited
to the quantities and descriptions shown in such bills and the Supplier accepts
no responsibility for the accuracy of or for an omission in such bills of
quantities. The cost of any special packing and packing materials used in
relation to goods are at the Applicant’s expense regardless of any omission
from any quotation.
will expire after thirty (30) days without further notice to the Applicant.
- The Applicant
acknowledges that the Supplier is not and does not represent to be qualified
quantity surveyors. The Applicant acknowledges that in the choice of goods, the
quantity, quality and specifications thereof and the assessment of their suitability
for the purpose required, the Applicant has relied entirely on his own
knowledge, skill and judgement. All specifications, drawings and details
submitted are approximate only and any deviation will not void any contract or
give rise to a claim from the Supplier. The descriptions, illustrations and
performance statements in any brochure, price lists or advertising matter do
not form part of the contract of sale or description of the goods. If any
specifications are supplied by the Applicant the price is made on estimates of
quantities required. Any adjustments to the quantities from quotation then the
price will be adjusted on a unit rate basis according to unit prices set out in
the quotation or other document supplied to the Applicant.
Contract for sale of goods
made by the Supplier will not be construed as an offer or obligation to supply
in accordance with the quotation. The Supplier reserves the right to accept or
reject, at its discretion, any offer to purchase received by it. Only written
acceptance by the Supplier of the Applicant’s offer will complete a contract.
- Each order
constitutes an offer by the Applicant to acquire the goods subject to these
terms and conditions and to the exclusion of any other terms and conditions
asserted by the Applicant.
- A contract
will be made between the Supplier and the Applicant for the supply of goods
only when an order is accepted by the Supplier in writing and accompanied by
sufficient information to enable the work to proceed, failing either of which,
the Supplier shall be entitled to withhold commencement of work. Any additional
work or variations to that specified in the quotation shall be at the
additional cost to the Applicant and the Supplier will not proceed to execute
same until confirmed and accepted in writing.
- No order may
be cancelled except with the Supplier’s consent in writing and on terms which
will indemnify the Supplier against all losses.
requests and back-charges from the Applicant to the Supplier when submitted
must be accompanied by the Supplier’s order number. All other requests will be
Delivery and risk
- Risk of Ioss or damage to the goods will pass to the Applicant when
the goods are collected by the Applicant or are delivered by the carrier. The
Applicant appoints the Supplier as agent to deliver or procure the delivery of
the goods to the consignment address and in such case a separate contract is
deemed to be created in relation to such delivery.
otherwise agreed between the Supplier and the Applicant, the Supplier may in
its absolute discretion select a carrier to deliver the goods to the Applicant.
- The Applicant
will not be relieved of any obligation to accept or pay for goods by reason of
any delay in delivery or despatch. The Supplier reserves the right to accept
any order in whole or in part, or to decline any order. The Supplier reserves
the right to deliver by instalments, and each instalment will be deemed to be
sold under a separate contract. Failure to deliver any instalment will not entitle
the Applicant to repudiate the contract only a claim for compensation for that
- The delivery
times made known to the Applicant are estimates only and the Supplier will not
be liable for late delivery or non-delivery and under no circumstances will the
Supplier be liable for any loss, damage or delay occasioned to the Applicant or
its applicants arising from late or non-delivery of the goods.
- The Supplier
will be conclusively presumed to have delivered the goods in accordance with
this agreement if the goods are delivered to the Consignment Address, whether
or not the Supplier obtains a receipt or signed delivery docket for the goods
from any person.
- If delivery
cannot be effected, the Supplier may store the goods or redeliver the goods to the
Applicant and the Applicant must pay or indemnify the Supplier for all costs
and expenses incurred.
- The Supplier
will not be responsible for any loss or damage to goods in transit. The
Supplier will render the Applicant such assistance as may be necessary to press
claims on carriers provided the Applicant will have notified the Supplier and
the carrier in writing immediately loss or damage is discovered on receipt of
goods and must lodge a claim on the carrier within three days of the date of
receipt of the goods.
- In the event
of the Supplier agreeing to the return of the goods by the Applicant, the goods
will be at the Applicant's risk until such time as the goods reach the
Supplier's place of business. The expense of return will be borne by the
Applicant, the expense of re-delivery will be borne by the Applicant.
- Where goods
have been manufactured to meet a confirmed delivery date as set by the
Applicant and subsequently placed on hold, the Supplier reserves the right to
charge/invoice the Applicant in the month in which delivery was to have been
- The Supplier
will not accept responsibility and will not be held liable for the aesthetic
appearance and structural integrity of finished goods which have been
manufactured to meet a delivery date in the current month and have then been
deferred by the Applicant into the following month or beyond. Additional labour
and/or materials required to ensure the structural integrity of the finished
product will be charged to the Applicant. Including but not limited to:
dismantling packs, repressing nail plates, removal and replacement of
deteriorated timbers, re-assemble ready for transport. Instances where goods
have been on hold for an extended period of time, (greater than one month);
goods may be in a condition such that they require replacement /
re-manufacture, this will be at the Applicants cost. All remedial work will be
at the Applicants cost and will not be undertaken until the Applicant provides
the Supplier with a signed order or Supplier purchase order accepting the costs
for remedial work to be undertaken.
- Where a
delivery date has been requested by the Applicant and is then deferred into the
next month, the Supplier reserves the right to invoice the Applicant for the
goods within the current month, the delivery was originally requested. The
Supplier reserve the right to charge “Holding Fees” for finished goods where
the delivery date has been deferred or remains unconfirmed /or on hold in our
yard. Where “Holding Fees” have been charged to the Applicant, the Supplier
does not accept responsibility and will not be held liable, for the aesthetic
appearance and structural integrity of finished goods.
reasonable effort will be made by the Supplier or their nominated carrier to
assist the Applicant in the placement of product on the building site. However
the final decision regarding the placement of product will remain with the
delivery driver. The placement of roof trusses on to top plates is not
guaranteed and costs incurred by the Applicant to do so are in all cases at the
reasonable effort will be made by the Supplier to assist the Applicant in the
placement of roof trusses on the standing building structure, subject to the
following conditions being met.
- the builder guarantees that where the goods are
required to be placed on a standing frame, that the frame is fully braced and
structurally sound enough to support the load (see WH&S Safety Sheet
96-1-15 Appendix 5) and (4.1(g) AS2550.5-1993 Appendix 4), and to the
satisfaction of the driver hoisting the load
- the builder is
required to advise the Operator of any weaknesses in the ground, i.e. freshly
dug drains, and holes, sullage pits, etc that is likely to compromise the safety or safe
workings of the vehicle or crane (Part 5 Clause 4.1(d) of AS2550.5-1993 - see
Appendix 4). Sufficient access is required for the vehicle to extend the cranes
supporting legs onto solid ground. Muddy and water-laden sites will be subject
to the driver's discretion.
- no obstructions
exist in the path of the crane. E.g.: power lines, trees or erected
- the crane
operator must have a clear field of vision in both direction of travel and of
slew and lift to enable safe operation.
- in the instance where the Applicant has requested the placement of roof
trusses onto top plate, the Applicant or its representative will be required to
assist the driver in dogging the hoisted load. If assistance is not available
on the site, the driver will have no alternative than to place the load on
stable ground, enabling them to leave the crane controls.
- the vehicles have
a limited reach to load rating and in some cases will be unable to position
trusses to the extent requested by the Applicant.
- in the instance
where these conditions cannot be fulfilled, then the operator will unload the
goods onto the ground as close as practicable to the site.
- the final
decision regarding the placement of goods on site will remain with the driver
of the vehicle, as the condition of the site is unknown until the time of the
Standard manufacturing specifications and
- Unless noted
otherwise on the quotation:
- all products are
supplied in “Untreated” framing materials, unless specified at each item
description on the quotation.
- quotations do not include the following items, unless
- F.C sheeting, Compressed F.C, Cladding, Fixings,
Feature Timber, Post supports, Stairs, Handrails, Steel beams/posts, Roof
battens, Ceiling battens, Gable battens, Framing Tie-down, Truss spacers or
temporary top chord bracing, Box gutter linings/floors.
- all prices are
based on the sizes and dimensions shown on the plan, where the Applicant’s plan does not nominate sizes of timbers, etc, the Supplier will quote in as per relevant codeAS1684, unless otherwise
- double Top plates
are supplied with ribbon plate’s being installed on site by builder, Single
Bottom plates are designed with solid / full support being required.
- wall framing
systems are designed with tie-down restraints located at 1200mm maximum centres
(tie down to be supplied by Applicant).
- hip end framing
is quoted standard as "Hanging Beam" ceiling frames and Pre-cut
raftered hip ends.
- overhang fascia’s have
been designed in accordance with AS1684.1, assuming the builder is propping all overhangs back to frame.
- the wall frame
and/or Roof Trusses have not been designed to accommodate any "Guardrail
or Fall Arrest" barrier system being fixed to any component of the
product. Where the Applicant intends fixing a Guardrail or Fall Arrest system
to these products, additional strengthening and third party engineering will be
- large span and
high/tall apex height trusses will in all cases need to be hoisted onto the
building structure by a mobile crane service, this service and its associated
costs do not form part of the Supplier’s quotation unless specified. It is the
Applicant's responsibility to inform the Crane Company, that an appropriate
spreader bar device to sufficiently support the load without damage occurring
will be required.
- Projects that require site visits to check dimensional
variations from the plans do not form part of this quotation. Where the
Supplier is required to attend site, the cost of travel and time spent on site
will be charged at an agreed hourly rate and charged to the Applicant or its
- Manufactured Products must be installed, erected,
braced or used in accordance with the relevant Australian Standards, plans,
diagrams and installation details provided and such installation, erection or
use must comply with the requirements of any statutes, regulations, ordinances
or by-laws so far as the same apply to the installation, erection and use
of the manufactured product.
- The Applicant
shall not install, erect, overload or use manufactured products in any manner
whatsoever which may impair the structural efficiency of the product.
- Manufactured products must be properly installed,
erected or used and adequately protected from the weather within twenty-one
(21) days from the date of delivery to site.
Applicant acknowledges and agrees that this agreement will be governed by the
laws of Queensland, and the laws of the Commonwealth of Australia which are in
force in Queensland.
Applicant acknowledges and agrees that any contract for the supply of goods or
services between the Supplier and the Applicant is formed at the address of
parties to this agreement submit to the non-exclusive jurisdiction of the
courts of Queensland and the relevant federal courts and courts competent to
hear appeals from those courts.
Applicant charges in favour of the Supplier all of its estate and interest in
any real property that the Applicant owns at present and in the future with the
amount of its indebtedness hereunder until discharged.
Applicant charges in favour of the Supplier all of its estate and interest in
any personal property that the Applicant owns at present and in the future with
the amount of its indebtedness hereunder until discharged.
Applicant appoints as its duly constituted attorney the Supplier's secretary
from time to time to execute in the Applicant's name and as the Applicant's act
and deed any real property mortgage, bill of sale or consent to any caveat the
Supplier may choose to lodge against real property that the Applicant may own
in any Land Titles Office in any state or territory of Australia, even though
the Applicant may not have defaulted in carrying out its obligations hereunder.
the Applicant has previously entered into an agreement with the Supplier by
which the Applicant has granted a charge, mortgage or other security over real
or personal property, those charges, mortgages or other security interests will
continue and co-exist with the obligations and security interests created in
this agreement. The Supplier may, at its election, vary the terms of such
previous charges, mortgages or other securities to reflect the terms herein.
Purpose of credit
Applicant acknowledges and agrees that the credit to be provided to the
Applicant by the Supplier is to be applied wholly or predominantly for
Retention of title
the Applicant has not paid for the goods supplied in full at any time, the
Applicant agrees that property and title in the goods will not pass to the
Applicant and the Supplier retains the legal and equitable title in those goods
supplied and not yet sold.
payment in full has been made to the Supplier, the Applicant will hold the
goods in a fiduciary capacity for the Supplier and agrees to store the goods in
such a manner that they can be identified as the property of the Supplier, and
will not mix the goods with other similar goods.
Applicant will be entitled to sell the goods in the ordinary course of its
business, but until full payment for the goods has been made to the Supplier,
the Applicant will sell as agent and bailee for the
Supplier and the proceeds of sale of the goods will be held by the Applicant on
trust for the Supplier absolutely.
Applicant’s indebtedness to the Supplier, whether in full or in part, will not
be discharged by the operation of clause 43 hereof unless and until the funds
held on trust are remitted to the Supplier.
Applicant agrees that whilst property and title in the goods remains with the
Supplier, the Supplier has the right, with or without prior notice to the
Applicant, to enter upon any premises occupied by the Applicant (or any
receiver, receiver and manager, administrator, liquidator or trustee in
bankruptcy of the Applicant) to inspect the goods of the Supplier and to
repossess the goods which may be in the Applicant’s possession, custody or
control when payment is overdue.
Applicant will be responsible for the Supplier’s costs and expenses in
exercising its rights under clause 45. Where the Supplier exercises any power
to enter the premises, that entry will not give rise to any action of trespass
or similar action on the part of the Applicant against the Supplier, its
employees, servants or agents.
Applicant agrees that where the goods have been retaken into the possession of
the Supplier, the Supplier has the absolute right to sell or deal with the
goods, and if necessary, sell the goods with the trademark or name of the
Applicant on those goods, and the Applicant hereby grants an irrevocable
licence to the Supplier to do all things necessary to sell the goods bearing
the name or trademark of the Applicant.
Applicant will be responsible for the Supplier’s costs and expenses in
exercising its rights under clause45. Where the Supplier exercises any power to
enter the premises, that entry will not give rise to any action of trespass or
similar action on the part of the Applicant against the Supplier, its
employees, servants or agents.
the avoidance of doubt, the Supplier’s interest constitutes a ‘purchase money
security interest’ pursuant to the Personal Property Securities Act 2009.
- The Supplier agrees and acknowledges that the
Applicant is entitled to all rights and remedies in respect of the goods which
the customs has under the Competition and Consumer Act 2010 and similar Stale
and Territory laws and which cannot be lawfully excluded, restricted or
modified. These terms and conditions do not purport to, and do not have the
effect of, excluding, restricting or modifying the exercise of any such right or
remedy or the liability of the Supplier in respect of any such right or remedy.
- The Applicant does not have any rights or remedies in
respect of the goods other than the rights and remedies expressly provided for
in these terms and conditions or agreed and acknowledged by the Supplier in
these terms and conditions.
- Subject always
to clauses 51 and 52 :
- all conditions, warranties and guarantees other than
those expressly provided for in these terms and conditions or agreed and
acknowledged by the Supplier in those terms and conditions are excluded to the
fullest extent permitted by law, and
- the Supplier will
not be liable to the Applicant for any loss caused (in whole or in part) by or
arising out of any use of the goods or any defect in the goods or any failure,
malfunction, breakdown or deterioration of the goods and any delay in delivery.
- Where the
Applicant is a consumer under the Competition and Consumer Act 2010 or similar
State and Territory laws and goods supplied or services provided to the
Applicant are not of a kind ordinarily acquired for personal, domestic or
household use or consumption, then unless the Applicant establishes that
reliance on this provision would not be fair and reasonable, the liability for
a breach of a condition or warranty implied into these terms and conditions by
the Competition and Consumer Act 2010 or by any similar State or Territory laws
(other than a condition implied by sections 51-53 of the Competition and
Consumer Act 2010 or by the equivalent provisions of any similar State or
Territory laws) is limited to any one of the following as determined by the
- in the case of
- the replacement of the goods or the supply or equivalent
- the repair of the
- the payment of the cost or replacement of the goods or
of acquiring equivalent goods; or
- for the payment
of the cost of having the goods repaired.
- in the case of services provided:
- the supply of the services again; or
- the payment of
the cost of having the services supplied again.
- The Applicant
acknowledges that neither the Supplier nor any person purporting to act on its
behalf has made any representation or inducement or given any promise or
undertaking which is not expressly set out in the order or these conditions
whether as to the fitness of the goods for any particular purpose or any other
Claims and disputes
- Any claims as
to quality or quantity of goods should require any claims to be notified within
seven (7) days and the Supplier evidence of delivery of a quantity will be
conclusive. In the event of a dispute between the Applicant and the Supplier
relating to either the quality or delivery of the goods the Applicant agrees to
pay the Supplier all such amounts owing to the Supplier by the Applicant until
such time as the dispute is resolved.
- Back charges /
credit claim requests for alterations or repairs made to product will require
prior approval for works undertaken and an “Order Number” to be issued by
Supplier. Credit claims will only be issued following inspection and assessment
by one of the Supplier’s representatives prior to completion of any works.
Requests that are not accompanied by an order number will not be accepted.
Cancellation of terms of credit
Supplier reserves the right to withdraw credit at any time, whether the
Applicant is in default under the terms of this agreement or not.
cancellation with or without notice all liabilities incurred by the Applicant
become immediately due and payable to the Supplier.
Applicant agrees to indemnify the Supplier and keep the Supplier indemnified
against any claim. This indemnity includes any legal fees and expenses the
Supplier incurs in order to enforce its rights, on an indemnity basis.
Provision of further information
Applicant undertakes to comply with any request by the Supplier to provide
further information for the purpose of assessing the Applicant’s
creditworthiness, including an updated credit application.
the Applicant is a corporation (with the exception of a public listed
Supplier), it must advise the Supplier of any alteration to its corporate
structure (for example, by changing directors, shareholders, or its
constitution). In the case of a change of directors or shareholders the
Supplier may ask for new guarantors to sign a guarantee and indemnity.
information provided in this application is true and correct in every
particular and the Applicant acknowledges that the Supplier will be relying
upon the information to determine whether or not to grant this application for
- The Supplier
may make additional periodic checks that it sees fit to continue its
the Applicant is a corporation, the Applicant warrants that all of its
directors have signed this agreement and that all of its directors will enter
into a guarantee and indemnity with the Supplier in relation to the Applicant's
obligations to the Supplier.
the Applicant is the trustee of a trust (whether disclosed to the Supplier or
not), the Applicant warrants to the Supplier that:
- the Applicant enters into this agreement in both its
capacity as trustee and in its personal capacity;
- the Applicant has the right to be indemnified out of
- the Applicant has the power under the trust deed to
sign this agreement; and
- the Applicant
will not retire as trustee of the trust or appoint any new or additional
trustee without advising the Supplier.
Applicant must give the Supplier a copy of the trust deed upon request.
the Applicant enters into this agreement as partners, the Applicant warrants
that all of the partners have signed this agreement and that all of the
partners will enter into a guarantee and indemnity with the Supplier in
relation to the Applicant's obligations to the Supplier.
the Applicant is a partnership, it must not alter its partnership (for example,
adding or removing partners or altering its partnership agreement) without
advising the Supplier. In the case of a change of partners, the Supplier may
ask for new guarantors to sign a guarantee and indemnity.
the Applicant becomes insolvent, the Applicant remains liable under this
agreement for payment of all liabilities incurred hereunder. The Applicant
remains liable under this agreement even if the Supplier receives a dividend or
payment as a result of the Applicant being insolvent.
waiver of any provision or breach of this agreement by the Supplier must be
made by an authorised officer of the Supplier in writing. A waiver of any
provision or breach of this agreement by the Applicant must be made by the
Applicant's authorised officer in writing.
ownership of the goods passes, the Applicant waives its rights it would
otherwise have under the PPSA:
section 95 to receive notice of intention to remove an accession;
- under section 118 to receive notice that the Supplier
intends to enforce its security interest in accordance with land law;
- under section 121(4) to receive a notice of enforcement
action against liquid assets;
- under section 129 to receive a notice of disposal of
goods by the Supplier purchasing the goods;
- under section 130 to receive a notice to dispose of
- under section 132(2) to receive a statement of account
following disposal of goods;
- under section 132(4) to receive a statement of account
if no disposal of goods for each 6 month period;
- under section 135 to receive notice of any proposal of
the Supplier to retain goods;
- under section 137(2) to object to any proposal of the
Supplier to retain or dispose of goods;
- under section 142 to redeem the goods;
- under section 143 to reinstate the security agreement;
- under section
157(1) and 157(3) to receive a notice of any verification statement.
Applicant must pay for its own legal, accounting and business costs and all
costs incurred by the Supplier relating to any default by the Applicant. The
Applicant must also pay for all stamp duty and other taxes payable on this
agreement (if any).
Applicant will pay the Supplier’s costs and disbursements incurred in pursuing
any recovery action, or any other claim or remedy, against the Applicant,
including collection costs, debt recovery fees and legal costs on an indemnity
basis. Such costs and disbursements will be due and payable by the Applicant to
the Supplier irrespective of whether pursuit of the recovery action, claim or
remedy is successful.
Applicant acknowledges and agrees that payments by the Applicant will be
applied by the Supplier as follows.
in payment of any and all collection costs and legal costs in accordance with
clauses 45 and 73 .
in payment of any interest incurred in accordance with clause 78 .
in payment of the outstanding invoice(s).
Taxes and duty
- The Applicant
must pay GST on any taxable supply made by the Supplier to the Applicant under
this agreement. The payment of GST is in addition to any other consideration
payable by the Applicant for a taxable supply.
- If as a result
- any legislation becoming applicable to the subject
matter of this agreement; or
- any changes in legislation or its interpretation by a
court of competent jurisdiction or by any authority charged with its
- the Supplier
becomes liable to pay any tax, duty, excise or levy in respect of the amounts
received from the Applicant, then the Applicant must pay the Supplier these
additional amounts on demand.
interest rate on any outstanding debts is a fixed rate of 15 percent per annum.
payments required to be made by the Applicant under this agreement will be made
free of any set-off, or counterclaim and without deduction or withholding.
amount due to the Supplier from time to time may be deducted from any monies
which may be or may become payable to the Applicant by the Supplier.
Supplier is not liable for any loss caused to the Applicant by reason of
strikes, lockouts, fires, riots, war, embargoes, civil commotions, acts of God
or any other activity beyond the Supplier's control.
Supplier is not liable, whether claims are made or not, for loss of profit,
economic or financial loss, damages, consequential loss, loss of opportunity or
benefit, loss of a right or any other indirect loss suffered by the Applicant.
the continuance of an event of force majeure affecting the Supplier, it will
provide notice in writing that its obligations hereunder will be suspended and
will resume as soon as possible after the cause or circumstance has ceased to
- The Applicant will, at the request of
the Supplier, execute documents and do such further acts as may be required for
the Supplier to register the security interest granted by the Applicant under
the PPSA. The Supplier may
register the Applicant for security interest under the PPSA without
notification to the Applicant.
Applicant agrees to accept service of any document required to be served,
including any notice under this agreement or the PPSA or any originating
process, by prepaid post at any address nominated in this application or any
other address later notified to the Supplier by the Applicant or the
Applicant’s authorised representative.
Applicant further agrees that where the Suppliers has rights in addition to
those under part 4 of the PPSA, those rights will continue to apply.
Applicant irrevocably grants to the Supplier the right to enter upon the
Applicant’s property or premises, without notice, and without being in any way
liable to the Applicant or to any third party, of the Supplier has cause to
exercise any of their rights under sections 123 and/or 128 of the PPSA, and the
Applicant shall indemnify the Supplier from any claims made by any third party
as a result of such exercise.
limiting any other clause, the goods remain at the risk of the Applicant and
not the Supplier and the Supplier will not be under any liability to the
Applicant or any other person (other than liability which may not be lawfully
excluded) for loss or damage (including direct or consequential loss or damage
such as, without limitation, loss of profit or anticipated profit, loss of use,
damage to goodwill and loss due to delay) however caused (and without
limitation whether by negligence, breach of statute, breach of contract, wilful
act or otherwise) which may be suffered or incurred or which may arise from or
in connection with directly or indirectly the supply of the goods and/or any
failure by the Supplier to comply with or breach by the Supplier of any of its
obligations under any order and whether or not its occurrence was contemplated
or should reasonably have been foreseen by the Supplier and/or the Applicant,
or it constitutes a fundamental breach by the Supplier of the contract or a
breach by the Supplier of a fundamental term of it.
any provision of this agreement is not enforceable in accordance with its
terms, other provisions which are self-sustaining are, and continue to be,
enforceable in accordance with their terms.
any part of this agreement is invalid or unenforceable, that part is deleted
and the remainder of the agreement remains effective.
Applicant agrees that these terms and conditions may be varied, added to, or
amended by an authorised officer of the Supplier at any time by written notice
to the Applicant.
proposed variation to these terms and conditions by the Applicant must be
requested in writing. The Supplier may refuse any such request without
providing reasons either orally or in writing.
Consent to register
Applicant hereby consents to the Supplier recording the details of this
Agreement on the Personal Property Securities Register and agrees to do all
things necessary and reasonably required by the Supplier to effect such
Applicant waives any right or entitlement to receive notice of the registration
of any security interest(s) created by this instrument on the Personal Property
agreement constitutes the entire agreement between the parties relating in any
way to its subject matter. Subject to clause 40 all previous negotiations,
understandings, representations, warranties, memoranda or commitments about the
subject matter of this agreement are merged in this agreement and are of no
further effect. No oral explanation or information provided by a party to
another affects the meaning or interpretation of this agreement or constitutes
any collateral agreement, warranty or understanding.
terms and conditions supersede all previous terms and conditions and may only
be varied if authorised in writing on behalf of the Supplier.
- The Applicant
agrees to the terms of the Privacy Act 1988 authorisation contained in this
Conditions of Sale
- The Applicant
and each of the officers of the Applicant and any Guarantor/s gives consent to
the Supplier to:-
- Disclosing and
obtaining personal information to and/or from another credit provider or credit
reporting agency including information relating to the commercial
creditworthiness and personal creditworthiness of them;
- Using any
information obtained for the purposes of assessing this credit application,
collecting payments due under this Application and notifying other credit
providers of the commercial creditworthiness of them;
information about you where it has a duty to the public to disclose that
information, and/or where it is required by law;
- Register any
security interest on any register (eg registering a
PMSI on the PPSR);
advertising material from you.
- The Applicant
may at any time gain access, upon request to the Supplier for information held
about the Applicant.
- The Supplier may without notice to the Applicant
disclose the Applicant’s repayment history information are for example, but not
limited to: Veda, Dunn & Bradstreet, BICB, NCI, Atradius,
other suppliers, etc.
- The Supplier takes the Applicant’s privacy seriously.
The Supplier will comply with the Privacy
Act including the Australian Privacy Principles.
manufactured products, defined as (Roof Truss systems, Floor Truss systems,
Prefabricated Wall Frame systems, Engineered Timber, Products) will be
supplied subject to the Suppliers (TrussCorp/Company)
standard: "GENERAL TERMS AND CONDITIONS OF SALE AND QUOTATION", a
copy accompanies every quotation and is contained within the Suppliers
application for a Commercial Credit Account.
- Please refer
to the Quotation, estimation sheets and layouts for specific notes, details
& conditions applying to its content. If this additional information has not been received, please request a
copy and review it in detail prior to placing any order for supply.
- The Supplier
will not accept orders where the terms of supply are subject to retention of
payment and /or liquidated damages.
of orders after acceptance have been signed in writing will be at the
discretion of the Supplier. Costs
incurred by the Supplier, prior to the order being cancelled will be charged to
the Customer, for items such as design work, detailing for manufacture and any
labour or materials for manufacture already consumed.
- In the event
where payment of an account is in arrears, the Supplier reserves the right to
withhold product certification and/or any other documentation until payment is
received in full.
- Whilst the
Supplier will make every endeavour to meet the requested delivery dates and
time, NO CLAIM for costs incurred by the customer will be accepted in
the event of the Company failing to do so; including occasion where
manufactured products are not positioned on to top plates. All deliveries are net on the ground unless
carried out on manufactured products by the customer, without the approval of
the Supplier will render the warranty and certification of the product, NULL
- In the event
that the Supplier is requested by the client to visit a site where there is a
perceived problem with the fabricated product supplied, then a representative
will attend. However should the
aforesaid problem be in no way attributable to the Supplier then the Supplier
reserves the right to charge the customer at an hourly rate for services
provided, including travel to and from site.
- Site access – Adequate
and clear site access for semi-trailers and body trucks is in every case the
Applicant’s responsibility. The costs
for (recovering bogged vehicle’s; fine’s issued to the Supplier or the
Applicant’ from Local Councils due to muddy or water laden sites; or delays to the
Supplier’s representative vehicles once on the Applicant’s site); that are due
or associated to problems with access, will be charged to the Applicant’s
account. Heavy vehicles are not
permitted to cross street kerbing, channel, footpaths or car tracks without
written or verbal permission from the Applicant or his representatives, (which
includes the builder’s sub-contractor / tradesman).
- The Supplier
will be entitled to immediately terminate any Order with the Applicant or
revoke any credit terms granted if the Applicant fails to punctually pay moneys
due to the Supplier, has any security enforced against it, commits an act of
bankruptcy or, being a company, passes a resolution for winding up (except for
the purposes of reconstruction) or a court makes an order winding the company
of if the company notifies the Applicant that it is of the view that the
Applicant or any Related Body Corporate of the Applicant has credit claims
against it legal demand or action or a judgment entered.
- Upon the
occurrence of a termination event referred to in Clause 107, the Supplier
reserves the right to cancel an Order with the Applicant (to the extent that
the Order remains unperformed) in whole or in part without any liability
attaching to the Supplier, stop any Goods in transit and dispose of the Goods
produced for the Applicant to a third party and all moneys owing to the
Supplier in respect of any Order will be immediately payable.
- Termination is
without prejudice to any right or obligation which may have accrued prior to