'Give Your Home The Look It Deserves'
Trading Terms
To the fullest extent legally permissible all dealings between Kookaburra Roofing Pty Ltd trading as Roof FX and any Customer relating to any products (“Products”] and/or services are subject to the following terms and conditions of trade (“these Terms”) unless otherwise agreed in writing:
1. Payments to be by cash, cheque, bank cheque or EFTPOS and without deduction within 14 or 30 days (pending trading terms) of invoice date unless otherwise agreed.
2. Interest will be charged on overdue accounts at the rate prescribed by the Penalty Interest Rates Act 1983 (Vic) plus 4%.
3. Property: Even if Roof FX grants any credit facility and/or time to pay: a) property in Products shall not pass to the Customer until payment in full and of all monies owed to Roof FX and Roof FX reserves the right to take possession and dispose of Products as it sees fit at any time until full payment is received; b) the Customer grants permission to Roof FX to enter any property to recover the Products and with such force as is necessary; c) without derogating from Roof FXs rights as a creditor of the Customer or arising under these Terms if Products are used in any construction, building, fabrication and/or manufacturing process (“the Process”) which results in an entitlement of the Customer to receive money from any other person the Customer agrees to hold such part of any monies received by the Customer (or the corresponding book debt owed to the Customer in respect of those monies) as is equivalent to the value of any Products used in the Process as invoiced to the Customer by Roof FX for Roof FX until payment in full for those Products and all monies owed to Roof FX; d) nothing in this clause is intended to create a charge over any Products and this clause shall be read down to the extent necessary to avoid creating any charge.
4. Exclusions: The Customer agrees that: a) the Customer shall rely on its own knowledge and expertise in selecting Products for any purpose and any advice or assistance given by or on behalf of Roof FX shall be accepted at the Customer’s risk and shall not be deemed to have been given as expert or adviser nor to have been relied upon; b) Products are sold subject to each and every manufacturer’s trading terms and conditions and are protected by each and every manufacturer’s warranty and Roof FX shall not be liable to the extent that any manufacturer is liable under a manufacturer’s warranty unless otherwise required by law; and c) Roof FX shall not be liable nor responsible for any failure to comply with any requirements of the Customer or any other person (whether relating to manufacture, design, fabrication, installation and/or any other particular intended use of any Products and/or otherwise) which are not precisely and accurately communicated in writing directly to the appropriate personnel at Roof FX prior to the entry into any relevant sale contract.
5. Quotations: a) The Customer must sign, date, complete and return each quotation to Roof FX by way of acceptance; b) It shall be the sole responsibility of the Customer to ensure that each and every detail on the quotation is accurate; c) Each quotation is valid for twenty one days only; d) All quotations are based on plans and information supplied to Roof FX by the Customer; e) If a price rise occurs prior to acceptance to any quotation then Roof FX will issue the Customer with a new quotation;
6. Cancellations and Returns: The Customer agrees that: a) the Customer shall at no time cancel the whole or part of any order placed without Roof FX prior approval; b) the Customer shall not return Products without Roof FX prior written approval and if Products are not in brand new and unused condition with undamaged packaging and if three weeks or more have passed since the earliest delivery date; c) Roof FX may otherwise elect to take back Products in saleable condition on such terms as Roof FX considers to be reasonable;
7. Recovery Costs: The Customer shall pay all costs and expenses (including legal costs on an indemnity basis) incurred by Roof FX and/or its agents in respect of the Customer whether relating to any debt, possession of Products and/or otherwise.
8. Credit Limit The grant of any credit facility or nomination of any credit limit is an indication only of Roof FX’s intention at the time. Roof FX may vary and/or withdraw any credit facility at any time at its discretion and without any liability to the Customer or any other party.
9. Security for Payment: As security for payment to Roof FX of all monies payable by the customer, the customer does hereby charge in favour of Roof FX all of the customer’s interest in freehold and leasehold property both current and later acquired.
10. Notification of Defects: a) The Customer must notify Roof FX in writing of any defect in the product or workmanship within seven days of the date of the relevant invoice; b) Upon receipt of notification in accordance with Condition 19 a) Roof FX shall within a reasonable period of time send a representative to view the alleged defect and if no such defect is identified by Roof FX then the Customer shall be liable to pay to Roof FX its current callout charge.
11. Defaults: Upon default or breach of these Terms by the Customer Roof FX may retain all monies paid, cease further deliveries, recover from the Customer any loss of profits arising and/or at Roof FX’s election take immediate possession of Products not paid for without prejudice to any other rights Roof FX may have and without Roof FX being liable in any way to any person.
12. Warranty Policy: Save and except as required by law no warranty is given where Roof FX is not the manufacturer of Products other than the warranty offered by the manufacturer and to the fullest extent legally permissible Roof FX’s liability shall in all cases be strictly limited. Roof FX Standard Warranty applies for the period applicable, 7 year workmanship warranty
13. Credit Information: The Customer irrevocably authorises Roof FX and it’s agents to make such enquiries as Roof FX may deem necessary to obtain information and/or to investigate the creditworthiness of the Customer including enquiries with persons nominated as trade references, bankers of the Customer, any other credit provider, any credit reporting agency, any land titles office, the ASIC, ITSA and/or any similar body and/or related information service (“The Sources”) and including personal credit and consumer credit information and any property, business and/or solvency information. The Customer by this clause irrevocably authorises the Sources to disclose anything about the Customer which is in the Sources’ possession and the Customer agrees that Roof FX may disclose any information it has about the Customer to any interested person (subject only to any obligations Roof FX may have under the Privacy Act 1988 (Cth)).
14. Limitation of Liability: The Customer agrees: a) to limit any claim it makes to the cost of replacement of Products or of acquiring equivalent products; b) that Roof FX shall not be liable for any loss or expense arising after seven days from delivery (or at all once Products have been unpacked, affixed and/or otherwise used or applied) after which there shall be deemed to be unqualified acceptance; c) that to the fullest extent legally permissible Roof FX shall not be liable for any damages for personal injury, any damage to property and/or any contingent, consequential, direct, indirect, special or punitive damages whether due to negligence or otherwise and the Customer acknowledges this limit of liability and agrees to limit any claim accordingly; and d) that to the fullest extent legally permissible no other term, condition, agreement, warranty, representation and/or understanding whether express or implied, in any way extending to, otherwise rotating to or binding upon Roof FX other than these Terms is made or given by or on behalf of Roof FXother than by these Terms save and except to the extent otherwise required by law.
15. Customer Restructure: the Customer shall notify Roof FX in writing of any change in its structure and/or management including any change in director, shareholder and/or management and any change in partnership or trusteeship within seven days of the date of any such change.
16. Jurisdiction: The Customer agrees that all contracts made with Roof FX shall be deemed to be made in the State nominated by Roof FX and the Customer agrees to submit to the jurisdiction of the appropriate Court nominated by Roof FX in the capital city of that State.
17. Force Majeure: Roof FX shall not be or be deemed to be in default or breach of any contract as a result of Force Majeure. Force Majeure shall include any cause beyond the reasonable control of Roof FX including strikes and lockouts.