ACROW FORMWORK & SCAFFOLDING PTY LTD

Terms & Conditions of Sale - Acrow Marketplace

1. General

These Terms of Sale constitute the entire agreement between Acrow Formwork & Scaffolding Pty Ltd (‘AFS’) and the Buyer concerning the supply of the goods and services (‘Goods’) by AFS to the Buyer, and shall prevail over all conditions appearing on any document of the Buyer.

2. Quotations

A quotation given by AFS to the Buyer (including any quotation provided by AFS via AFS’ website enquiry form) shall not constitute an obligation to sell and no contractual relationship shall arise until Buyer’s order has been accepted in writing by AFS.

3. Price

The prices of Goods, and any delivery or other charges, shown are in Australian dollars, inclusive of GST. The Buyer shall in addition to prices quoted or charged, be responsible for all applicable taxes and statutory charges.

4. Payment

The Buyer must pay or agree to pay (applies only to AFS’ existing trading customers) for all online purchases at the time of online checkout prior to order confirmation in accordance with one of the payment methods offered on AFS’ website, for AFS’ existing trading customers only this will include the option to purchase Goods online using the “On Account” payment method at checkout (any existing trading customers who purchase Goods using the “On Account” option at checkout will be bound by their existing credit terms as agreed between AFS and that existing trading customer). Where AFS cannot fulfil any items of Goods listed in an order, a refund will be provided as per Clause 15.

5. Orders

In respect of items of Goods listed in a summary of the Buyer’s purchase order presented to the Buyer prior to confirmation of the purchase (“Checkout Summary”), the Buyer’s order is an offer from the Buyer to AFS to buy those items of Goods from AFS. AFS will be bound to supply the Buyer those items of Goods once payment has been processed and AFS has sent the Buyer an email order confirmation.

6. Click and Collect

If Goods are being collected, the Buyer must collect within fourteen (14) business days after AFS informs the Buyer that the Goods are ready for collection. If the Buyer do not, then unless the Buyer make arrangements with AFS for late collection, AFS will assume the Buyer has cancelled its order. This means AFS may re-sell the Goods, and the Buyer may be required to pay to AFS the costs pursuant to Clause 14 and in the case of specially ordered or custom-made Goods, forfeit any deposit/payment the Buyer have made. AFS may need to verify the Buyer’s identity upon collection. Collection is not available on weekends and public holidays.

7. Loading of Goods

Acrow will load Goods on the motor vehicle as supplied by the Buyer when the Goods are collected by the Buyer subject to the following: - (i) The Buyer acknowledges that they are responsible for directing the loading and distribution of the purchased Goods on and in the motor vehicle and must also ensure the maximum applicable mass limit for the motor vehicle is complied with. Acrow reserves the right to refuse loading the motor vehicle if Acrow deems the motor vehicle as unsafe. (ii) The securing of the Goods on the motor vehicle shall be the sole responsibility of the Buyer. (iii) The Buyer warrants that they are aware of national heavy vehicle regulations, applicable state legislation and local laws in regards to motor vehicles and transporting of goods. (iv) The Buyer also acknowledges that on leaving Acrow’s premises the Buyer is solely responsible for the safe transportation of the purchased Goods. (v) The term “Buyer” referred in clauses (i)-(iv) above shall mean the Buyer or the Buyer’s agents utilised for the transportation of said Goods.

8. Delivery

Delivery of Goods will only be provided by AFS if requested by the Buyer at the point of sale and agreed by AFS. The terms of delivery will be subject to negotiations between the parties.

9. Title and Risk

Title in the Goods (sale) shall not pass to the Buyer until the full price has been paid to AFS. If prior to transfer of title, the Buyer sells the Goods or uses the Goods in some process, then the Buyer must hold the proceeds of such sale or process in trust for AFS. Risk in the Goods shall pass to the Buyer on collection or delivery.

10. Suspension

AFS may suspend performance in the event that any part of the Buyer’s account is overdue and may at its discretion charge interest at the then Westpac Prime Bank Overdraft Rate on so much of the monies due but unpaid. AFS shall be entitled to pro rata progress charges for part collection or deliveries.

11. Default

If the Buyer breaches these terms of sale, fails to make payments to AFS when due, goes into insolvency or bankruptcy or enters into a deed of arrangement or composition with its creditors, AFS may without prejudice to its other rights, retake possession of the Goods from the Buyer’s site and/or suspend further collections and deliveries (where applicable). The Buyer shall indemnify and keep AFS indemnified against all costs and liabilities incurred by AFS arising from:- (i) any breach of this these terms of sale by the Buyer, (ii) AFS entry on the Buyer’s site and/or (iii) any suspension by AFS in exercise of its rights.

12. Returns

AFS will not accept return of Goods unless prescribed by the Australian Consumer Law.

13. Information about Goods

Illustrations of the Goods in AFS’s website are not to be taken as exact representations of the Goods due to photographic and screen limitations associated with the representation of Goods.

14. Cancelled or Varied Orders

AFS reserves the right to charge for the cost of materials used or purchased and the cost of labour incurred, and all other costs associated with any order cancelled or altered by the Buyer.

15. Cancellation by AFS

AFS may cancel any order (in full or part) where:- (i) the Buyer is in breach of its payment obligations; (ii) AFS becomes aware after order confirmation that the items of Goods are out of stock; (iii) there has been a genuine pricing or product description error; or (iv) where the transaction is suspected of being the subject of credit card or payment-related fraud. AFS will refund any amount already paid in respect of any cancelled order. In the case of part cancellation of an order, a refund will be provided on the amount paid that relates to the cancelled portion of the order.

16. Licences and Approvals

The Buyer shall be responsible for obtaining all licences, consents, permits and approvals in connection with the use of the Goods.

17. Limited Warranty

AFS warrants that the Goods will be free from defects and of merchantable quality. All other warranties, expressed or implied, are hereby excluded, to the full extent permitted by law and other than those prescribed by the Australian Consumer Law where applicable. The liability of the AFS resulting from a breach of any warranty unable to be excluded by law is strictly limited to the resupply of the Good to the Buyer or the repair of the Good supplied to the Buyer.

18. Limitation of Liability

Notwithstanding anything else contained in these Terms of Sale, AFS shall under no circumstances be liable to Buyer in connection with the Goods for any loss of use, loss of profit or consequential loss, whether arising in negligence or otherwise. To the extent permitted by law and other than those prescribed by the Australian Consumer Law where applicable, AFS’s liability to Buyer is limited to the repair or replacement of the Goods.

19. Delays

AFS shall not be liable to Buyer for any costs, losses or damages caused by any delays in collection or delivery, which are beyond the reasonable control of AFS.

20. GST

If AFS has any liability to pay the Goods and Services Tax (“GST”) on any Goods supplied to the Buyer, the Buyer shall pay to AFS the amount of such GST or any other duty or statutory charge in connection with the sale of the Goods at the same time as payment is made for those Goods.