Terms and Conditions

1.PRICES

Prices are subject to alteration without notice. Prices do not include a Goods & Service Tax. Goods will be invoiced on the date of despatch at the ruling price on that date. Prices referred to in this catalogue are recommended prices only. There is no obligation to comply with our recommendations.

2.DELIVERY

Unless otherwise agreed in writing a delivery charge will be charged on all metropolitan deliveries including those to transport depots. Deliveries to other areas using an IFS nominated Freight Company will also incur a freight charge. All freight costs beyond the above are the responsibility of the purchaser. No responsibility will be accepted for goods damaged in transit.

Delivery by Australia Post

Australia Post deliveries that IFS pay for are sent by 'receipted mail'. The appropriate charge will then be added to the purchaser's invoice. For those purchasers using Reply Paid Post numbers, an extra charge for 'registered mail' will be added to the purchaser's invoice.
This allows IFS to track parcels, as well as hopefully find any parcels that may go missing.
Those purchasers not wishing to have their goods sent by registered mail can do so, but IFS will take no responsibility for goods lost in transit and no credit will be issued.

3.CLAIMS/CREDITS

Claims for short or incorrect deliveries will not be recognised unless they are made within five working days of the date of delivery. Goods accepted as faulty will be credited at invoice value or replaced. No responsibility will be accepted for the cost of any repairs or alterations executed without previous consent in writing. No claim will be recognised unless the invoice and/or delivery docket number is quoted.

4.RETURNS

Specially ordered or manufactured goods will not be accepted for credit. Stock items will not be accepted for return unless prior arrangement has been made. Freight charges on returned goods are the responsibility of the purchaser. Goods correctly delivered, as ordered, may be subject to a handling fee if accepted for return.

5.TRADING TERMS

Our terms are 30 days which means invoices are payable by the end of the following month i.e. an invoice raised in January is payable by the end of February. If payments are not received by the fifteenth day after the due date, credit facilities may be suspended without notice.

6.LIABILITY

Unless specifically agreed to in writing, under no circumstances does INDUSTRIAL FITTINGS SALES PTY LTD undertake liability for any loss or damage to persons or property of any nature due to any cause or any amount as a result, direct or indirect of any defect, deficiency or discrepancy in goods or materials sold or supplied by us in this respect, all conditions, warranties and liabilities, expressed or implied, statutory or otherwise not contained herein, are expressly negatived. It is the purchaser's sole responsibility to ensure that the goods are sufficient and suitable for their purpose. Information given in this catalogue is considered to be reliable, but should only be used as a guide and is not guarantee.

7.TITLE

Ownership of goods does not pass to the purchaser until payment is received in full.

8.ACCEPTANCE OF TERMS AND CONDITIONS

The placement of an order either verbally or in writing constitutes the acceptance of these terms and conditions.

9.THE COMPETITION AND CONSUMER ACT2010 AND FAIR TRADING ACT

Nothing in this agreement is intended to have the affect of contracting out any applicable provisions of the Competition and Consumer Act 2010 or the Fair Trading Acts in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.

10.PERSONAL PROPERTIES AND SECURITIES

10.1In this clause the following definitions apply:

  1. 'PPS Register' means the Personal Property Securities Register established under the PPSA;
  2. 'PPSA' means the Personal Property Securities Act 2009 (Cth) as amended, re-enacted or replaced, and includes any subordinate legislation; and
  3. 'financing statement', 'financing change statement', 'security agreement' and 'security interest' have the meanings given to those terms by the PPSA.

10.2The purchaser acknowledges and agrees that these terms and conditions:

  1. constitute a security agreement for the purposes of the PPSA; and
  2. create a security interest in:
    1. all Goods previously supplied by IFS to the purchaser (if any);
    2. all Goods that will be supplied in the future by IFS to the purchaser;
    3. the proceeds of sale of all Goods previously supplied or to be supplied; and
    4. all present and after acquired personal property of the purchaser,

to secure payment of all monies (including but not limited to the Price and any interest) owing by the purchaser to IFS from time to time under these terms and conditions and under any other agreement or arrangement between the purchaser and IFS.

10.3The purchaser undertakes to:

  1. promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which IFS may reasonably require to:
  1. register a financing statement or financing change statement in relation to a security interest on the PPS Register and otherwise do all things necessary and required by IFS to ensure that any security interest registered by IFS is a perfected security interest under the PPSA;
  2. register any document on any register reasonably necessary to secure IFS's interest under these terms and conditions;
  3. register any other document required to be registered under the PPSA; or
  4. correct a defect in a statement referred to in clauses 10.3(a)(i), (ii) or (iii);
  1. indemnify, and upon demand reimburse, IFS for all expenses incurred in registering a financing statement or financing change statement on the PPS Register or releasing any Goods that are the subject of a security interest;
  2. not make an amendment demand in respect of a security interest, apply to the Registrar to register a financing change statement in respect of a security interest, without the prior written consent of IFS; and
  3. not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods in favour of a third party without the prior written consent of IFS; and
  4. immediately advise IFS of any material change in its business practices of selling the Goods which may result in a change in the use of the Goods by the purchaser or in the nature of proceeds derived from the sale of the Goods.

10.4IFS and the purchaser agree that sections 96 and 125 of the PPSA do not apply to the security interest created by these terms and conditions.

10.5The purchaser hereby waives its rights to receive notices, information or statements (as the case may be) under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.

10.6The purchaser waives its rights as a grantor and/or a customer under sections 142 and 143 of the PPSA.

10.7Unless otherwise agreed to in writing by IFS, the purchaser waives its right to receive a verification statement in accordance with section 157 of the PPSA.

10.8The purchaser unconditionally ratifies any actions taken by IFS under clauses 10.3 to 10.5.

10.9The purchaser irrevocably appoints IFS to be its attorney to do such acts and execute such documents as the purchaser could personally do or execute (including the appointment of a substitute attorney) which in the opinion of IFS (acting reasonably) is necessary or expedient to give effect to any right, power or remedy conferred on IFS by these terms and conditions or the PPSA and to give effect to the matters contemplated by these terms and conditions.

10.10The provisions of this clause 10 will survive termination of these terms and conditions or any other agreement between IFS and the purchaser for the sale of Goods, for whatever reason.

11.PRIVACY ACT 1988

11.1The purchaser authorises IFS to obtain from a credit-reporting agency a credit report containing personal credit information about the purchaser in relation to credit provided by IFS.

11.2 The purchaser authorises IFS to exchange information about the purchaser with credit providers named in this credit application and credit providers that may be named in a consumer credit report issued by a reporting agency for the following purposes:

  1. to assess this credit application by the purchaser;
  2. to notify other credit providers of a default by the purchaser;
  3. to exchange information with other credit providers as to the status of this credit account, where the purchaser is in default with other credit providers; and
  4. to assess the credit worthiness of the purchaser.

11.3 Supplier may give personal or commercial information about the purchaser to a credit reporting agency for the following purpose:

  1. to obtain a consumer credit report about the purchaser; and/or
  2. allow the credit reporting agency to create or maintain a credit information file containing information about the purchaser.

12. CONSUMER

For the purposes of this clause, 'ACL' means the Australian Consumer Law contained in schedule 2 of the Competition and Consumer Act 2010 (Cth) as amended, re-enacted or replaced, and includes any subordinate legislation.

Where the purchaser is a consumer, as that term is defined in the ACL, the goods and services come with consumer guarantees that cannot be excluded under the ACL.

If the purchaser is a consumer, then the purchaser is entitled to a replacement or refund for a 'major failure' and for compensation of any other reasonably foreseeable loss or damage. The consumer is also entitled to have the goods repaired or replaced if the goods fail to be of an acceptable quality and the failure does not amount to a major failure. What constitutes a 'major failure' is set out in the ACL.

13.LEGISLATION

If, as a result of:

13.1 any legislation becoming applicable to the subject matter of this agreement; or

13.2 any changes in legislation or its interpretation by a court of competent jurisdiction or by any authority charged with its administration,

IFS becomes liable to pay any tax, duty, excise or levy in respect of the amounts received from the purchaser, then the purchaser must pay IFS these additional amounts on demand.