Contact Us

Phone

03 97467377 

 

Mobile

0418310858

 

Email

amelrose@theplasterboardshed.com.au 

 

Address

1/2-6 Gateway Drive,

Melton, VIC 3337

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Terms & Conditions

 

It is the client?s responsibility to obtain and check that the list of the terms and conditions which pertain to a purchase or service and are legally binding arrangements are acceptable before any purchase or service is provided. Failure to perform this prior to any purchase or service is considered acceptance of our terms and conditions.

The Plasterboard Shed Pty Ltd – Terms & Conditions of Trade

  1. Definitions
    • “The Plasterboard Shed” means The Plasterboard Shed Pty Ltd ATF The Plasterboard Unit Trust T/A The Plasterboard Shed Pty Ltd, its successors and assigns or any person acting on behalf of and with the authority of The Plasterboard Shed Pty Ltd ATF The Plasterboard Unit Trust T/A The Plasterboard Shed Pty Ltd.
    • “Customer” means the person/s buying the Goods as specified in any invoice, document or order, and if there is more than one Customer is a reference to each Customer jointly and severally.
    • “Goods” means all Goods or Services supplied by The Plasterboard Shed to the Customer at the Customer’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).
    • “Price” means the Price payable for the Goods as agreed between The Plasterboard Shed and the Customer in accordance with clause 4

 

  1. Acceptance
    • The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order for or accepts delivery of the Goods.
    • These terms and conditions may only be amended with The Plasterboard Shed’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Customer and The Plasterboard Shed.

 

  1. Change in Control
    • The Customer shall give The Plasterboard Shed not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s name, address, contact phone or fax number/s, or business practice). The Customer shall be liable for any loss incurred by The Plasterboard Shed as a result of the Customer’s failure to comply with this clause.

 

  1. Price and Payment
    • At The Plasterboard Shed’s sole discretion the Price shall be either:
      • as indicated on any invoice provided by The Plasterboard Shed to the Customer; or
      • the Price as at the date of delivery of the Goods according to The Plasterboard Shed’s current price list; or
      • The Plasterboard Shed’s quoted price (subject to clause 2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.
    • The Plasterboard Shed reserves the right to change the Price if a variation to The Plasterboard Shed’s quotation is requested. Any variation from the plan of scheduled Services or specifications of the Goods (including, but not limited to, any variation as a result of increases to The Plasterboard Shed in the cost of taxes, levies, materials and labour or where additional Services are required due to the discovery of hidden or unidentifiable difficulties including, but not limited to, limitations to accessing the site, safety considerations, prerequisite work by any third party not being completed or hidden pipes and wiring in walls etc which are only discovered on commencement of the Services) will be charged for on the basis of The Plasterboard Shed’s quotation and will be shown as variations on the invoice.
    • At The Plasterboard Shed’s sole discretion a deposit may be required.
    • Time for payment for the Goods being of the essence, the Price will be payable by the Customer on the date/s determined by The Plasterboard Shed, which may be:
      • on delivery of the Goods;
      • A-Plus may submit detailed progress payment claims in accordance with A-Plus specified payment schedule. Such payment claims may include the reasonable value of authorised variations and the value of any Goods delivered to the site but not yet installed;
      • thirty (30) days following the end of the month in which a statement is posted to the Customer’s address or address for notices;
      • the date specified on any invoice or other form as being the date for payment; or
      • failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Customer by The Plasterboard Shed.
    • Payment may be made by cheque, bank cheque, electronic/on-line banking, credit card (plus a surcharge of up to two percent (2%) of the Price), or by any other method as agreed to between the Customer and The Plasterboard Shed.
    • Unless otherwise stated the Price does not include GST. In addition to the Price the Customer must pay to The Plasterboard Shed an amount equal to any GST The Plasterboard Shed must pay for any supply by The Plasterboard Shed under this or any other agreement for the sale of the Goods. The Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Customer pays the Price. In addition the Customer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

 

  1. Delivery of Goods
    • Delivery (“Delivery”) of the Goods is taken to occur at the time that:
      • the Customer or the Customer’s nominated carrier takes possession of the Goods at The Plasterboard Shed’s address; or
      • The Plasterboard Shed (or The Plasterboard Shed’s nominated carrier) delivers the Goods to the Customer’s nominated address even if the Customer is not present at the address; or
      • the Customers nominated carrier takes possession of the Goods in which event the carrier shall be deemed to be the Customers agent.
    • At The Plasterboard Shed’s sole discretion the cost of delivery is either:
      • in addition to the Price; or
      • for the Customer’s account.
    • The Customer must take delivery by receipt or collection of the Goods whenever they are tendered for delivery. In the event that the Customer is unable to take delivery of the Goods as arranged then The Plasterboard Shed shall be entitled to charge a reasonable fee for redelivery and/or storage.
    • The Plasterboard Shed may deliver the Goods in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.
    • Any time or date given by The Plasterboard Shed to the Customer is an estimate only. The Customer must still accept delivery of the Goods even if late and The Plasterboard Shed will not be liable for any loss or damage incurred by the Customer as a result of the delivery being late.

 

  1. Risk
    • Risk of damage to or loss of the Goods passes to the Customer on Delivery and the Customer must insure the Goods on or before Delivery.
    • If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Customer, The Plasterboard Shed is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by The Plasterboard Shed is sufficient evidence of The Plasterboard Shed’s rights to receive the insurance proceeds without the need for any person dealing with The Plasterboard Shed to make further enquiries.
    • If the Customer requests The Plasterboard Shed to leave Goods outside The Plasterboard Shed’s premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Customer’s sole risk.
    • Where The Plasterboard Shed is required to install the Goods the Customer warrants that the structure of the premises or equipment in or upon which these Goods are to be installed or erected is sound and will sustain the installation and work incidental thereto and The Plasterboard Shed shall not be liable for any claims, demands, losses, damages, costs and expenses howsoever caused or arising in connection with the installation and work incidental thereto.
    • The Customer acknowledges that Goods supplied may exhibit variations in shade, colour, texture, surface and finish, and may fade or change colour over time. A-Plus will make every effort to match batches of product supplied in order to minimise such variations but shall not be liable in any way whatsoever where such variations occur.

 

  1. Customer Responsibilities
    • It is the intention of The Plasterboard Shed and agreed by the Customer that it is the responsibility of the Customer to provide and have erected scaffolding to enable the Services to be undertaken (where in The Plasterboard Shed’s opinion it is deemed necessary). It is also agreed that all scaffolding erected will comply with industry safety standards and that any person erecting the scaffolding shall be suitably qualified to ensure its safe and proper erection and where necessary shall hold a current certificate of competency and/or be fully licensed.
    • The Customer agrees to remove any furniture, furnishings or personal goods from the vicinity of the Services and agrees that The Plasterboard Shed shall not be liable for any damage caused to those items through the Customers failure to comply with this clause.

 

  1. Dimensions, Plans and Specifications
    • All customary building industry tolerances shall apply to the dimensions and measurements of the Goods unless The Plasterboard Shed and the Customer agree otherwise in writing.
    • The Plasterboard Shed shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Customer
    • If the giving of an estimate or quotation for the supply of Goods involves The Plasterboard Shed estimating measurements and quantities, it shall be the responsibility of the Customer to verify the accuracy of The Plasterboard Shed’s estimated measurements and quantities, before the Customer places an order based on such estimate or accepts such quotation.
    • Should the Customer require any changes to The Plasterboard Shed’s estimated measurements and quantities, the Customer shall request such changes in writing, in the case of an estimate before placing an order based on that estimate and in the case of a quotation before acceptance of that quotation.

 

  1. Access
    • The Customer shall ensure that The Plasterboard Shed has clear and free access to the work site at all times to enable them to undertake the Services. The Plasterboard Shed shall not be liable for any loss or damage to the site (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas) unless due to the negligence of The Plasterboard Shed.

 

  1. Title
    • The Plasterboard Shed and the Customer agree that ownership of the Goods shall not pass until:
      • the Customer has paid The Plasterboard Shed all amounts owing to The Plasterboard Shed; and
      • the Customer has met all of its other obligations to The Plasterboard Shed.
    • Receipt by The Plasterboard Shed of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
    • It is further agreed that:
      • until ownership of the Goods passes to the Customer in accordance with clause 1 that the Customer is only a bailee of the Goods and must return the Goods to The Plasterboard Shed on request.
      • the Customer holds the benefit of the Customer’s insurance of the Goods on trust for The Plasterboard Shed and must pay to The Plasterboard Shed the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed.
      • the Customer must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Customer sells, disposes or parts with possession of the Goods then the Customer must hold the proceeds of any such act on trust for The Plasterboard Shed and must pay or deliver the proceeds to The Plasterboard Shed on demand.
      • the Customer should not convert or process the Goods or intermix them with other goods but if the Customer does so then the Customer holds the resulting product on trust for the benefit of The Plasterboard Shed and must sell, dispose of or return the resulting product to The Plasterboard Shed as it so directs.
      • the Customer irrevocably authorises The Plasterboard Shed to enter any premises where The Plasterboard Shed believes the Goods are kept and recover possession of the Goods.
      • The Plasterboard Shed may recover possession of any Goods in transit whether or not delivery has occurred.
      • the Customer shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of The Plasterboard Shed.
      • The Plasterboard Shed may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Customer.

 

  1. Personal Property Securities Act 2009 (“PPSA”)
    • In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPS
    • Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Goods that have previously been supplied and that will be supplied in the future by The Plasterboard Shed to the Customer.
    • The Customer undertakes to:
      • 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 The Plasterboard Shed may reasonably require to;
        • register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
        • register any other document required to be registered by the PPSA; or
        • correct a defect in a statement referred to in clause 3(a)(i) or 11.3(a)(ii);
      • indemnify, and upon demand reimburse, The Plasterboard Shed for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Goods charged thereby;
      • not register a financing change statement in respect of a security interest without the prior written consent of The Plasterboard Shed;
      • 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 The Plasterboard Shed;
      • immediately advise The Plasterboard Shed of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.
    • The Plasterboard Shed and the Customer agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
    • The Customer waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
    • The Customer waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
    • Unless otherwise agreed to in writing by The Plasterboard Shed, the Customer waives their right to receive a verification statement in accordance with section 157 of the PPSA.
    • The Customer must unconditionally ratify any actions taken by The Plasterboard Shed under clauses 3 to 11.5.
    • Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.

 

  1. Security and Charge
    • In consideration of The Plasterboard Shed agreeing to supply the Goods, the Customer charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Customer either now or in the future, to secure the performance by the Customer of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
    • The Customer indemnifies The Plasterboard Shed from and against all The Plasterboard Shed’s costs and disbursements including legal costs on a solicitor and own Customer basis incurred in exercising The Plasterboard Shed’s rights under this clause.
    • The Customer irrevocably appoints The Plasterboard Shed and each director of The Plasterboard Shed as the Customer’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 12 including, but not limited to, signing any document on the Customer’s behalf.

 

  1. Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)
    • The Customer must inspect the Goods on delivery and must within seven (7) days of delivery notify The Plasterboard Shed in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Customer must notify any other alleged defect in the Goods as soon as reasonably possible after any such defect becomes evident. Upon such notification the Customer must allow The Plasterboard Shed to inspect the Goods.
    • Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).
    • The Plasterboard Shed acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
    • Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, The Plasterboard Shed makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods. The Plasterboard Shed’s liability in respect of these warranties is limited to the fullest extent permitted by law.
    • If the Customer is a consumer within the meaning of the CCA, The Plasterboard Shed’s liability is limited to the extent permitted by section 64A of Schedule 2.
    • If The Plasterboard Shed is required to replace the Goods under this clause or the CCA, but is unable to do so, The Plasterboard Shed may refund any money the Customer has paid for the Goods.
    • If the Customer is not a consumer within the meaning of the CCA, The Plasterboard Shed’s liability for any defect or damage in the Goods is:
      • limited to the value of any express warranty or warranty card provided to the Customer by The Plasterboard Shed at The Plasterboard Shed’s sole discretion;
      • limited to any warranty to which The Plasterboard Shed is entitled, if The Plasterboard Shed did not manufacture the Goods;
      • otherwise negated absolutely.
    • Subject to this clause 13, returns will only be accepted provided that:
      • the Customer has complied with the provisions of clause 1; and
      • The Plasterboard Shed has agreed that the Goods are defective; and
      • the Goods are returned within a reasonable time at the Customer’s cost (if that cost is not significant); and
      • the Goods are returned in as close a condition to that in which they were delivered as is possible.
    • Notwithstanding clauses 1 to 13.8 but subject to the CCA, The Plasterboard Shed shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
      • the Customer failing to properly maintain or store any Goods;
      • the Customer using the Goods for any purpose other than that for which they were designed;
      • the Customer continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
      • the Customer failing to follow any instructions or guidelines provided by The Plasterboard Shed;
      • fair wear and tear, any accident, or act of God.
    • The Plasterboard Shed may in its absolute discretion accept non-defective Goods for return in which case The Plasterboard Shed may require the Customer to pay handling fees of up to fifteen percent (15%) of the value of the returned Goods plus any freight costs.
    • Notwithstanding anything contained in this clause if The Plasterboard Shed is required by a law to accept a return then The Plasterboard Shed will only accept a return on the conditions imposed by that law.

 

  1. Intellectual Property
    • Where The Plasterboard Shed has designed, drawn or developed Goods for the Customer, then the copyright in any designs and drawings and documents shall remain the property of The Plasterboard Shed.
    • The Customer warrants that all designs, specifications or instructions given to The Plasterboard Shed will not cause The Plasterboard Shed to infringe any patent, registered design or trademark in the execution of the Customer’s order and the Customer agrees to indemnify The Plasterboard Shed against any action taken by a third party against The Plasterboard Shed in respect of any such infringement.
    • The Customer agrees that The Plasterboard Shed may (at no cost) use for the purposes of marketing or entry into any competition, any documents, designs, drawings or Goods which The Plasterboard Shed has created for the Customer.

 

 

 

 

  1. Default and Consequences of Default
    • Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at The Plasterboard Shed’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
    • If the Customer owes The Plasterboard Shed any money the Customer shall indemnify The Plasterboard Shed from and against all costs and disbursements incurred by The Plasterboard Shed in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own Customer basis, The Plasterboard Shed’s collection agency costs, and bank dishonour fees).
    • Without prejudice to any other remedies The Plasterboard Shed may have, if at any time the Customer is in breach of any obligation (including those relating to payment) under these terms and conditions The Plasterboard Shed may suspend or terminate the supply of Goods to the Customer. The Plasterboard Shed will not be liable to the Customer for any loss or damage the Customer suffers because The Plasterboard Shed has exercised its rights under this clause.
    • Without prejudice to The Plasterboard Shed’s other remedies at law The Plasterboard Shed shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to The Plasterboard Shed shall, whether or not due for payment, become immediately payable if:
      • any money payable to The Plasterboard Shed becomes overdue, or in The Plasterboard Shed’s opinion the Customer will be unable to make a payment when it falls due;
      • the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
      • a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.

 

  1. Compliance with Laws
    • The Customer and The Plasterboard Shed shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the Services.
    • The Customer shall obtain (at the expense of the Customer) all licenses and approvals that may be required for the Services.
    • The Customer agrees that the site will comply with any occupational health and safety laws relating to building/construction sites and any other relevant safety standards or legislation.

 

  1. Dispute Resolution
    • If a dispute arises between the parties to this contract then either party shall send to the other party a notice of dispute in writing adequately identifying and providing details of the dispute. Within fourteen (14) days after service of a notice of dispute, the parties shall confer at least once, to attempt to resolve the dispute. At any such conference each party shall be represented by a person having authority to agree to a resolution of the dispute. In the event that the dispute cannot be so resolved either party may by further notice in writing delivered by hand or sent by certified mail to the other party refer such dispute to arbitration. Any arbitration shall be:
      • referred to a single arbitrator to be nominated by the President of the Institute of Arbitrators Australia; and
      • conducted in accordance with the Institute of Arbitrators Australia Rules for the Conduct of Commercial Arbitration.

 

  1. Cancellation
    • The Plasterboard Shed may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Customer. On giving such notice The Plasterboard Shed shall repay to the Customer any money paid by the Customer for the Goods. The Plasterboard Shed shall not be liable for any loss or damage whatsoever arising from such cancellation.
    • In the event that the Customer cancels delivery of Goods the Customer shall be liable for any and all loss incurred (whether direct or indirect) by The Plasterboard Shed as a direct result of the cancellation (including, but not limited to, any loss of profits).
    • Cancellation of orders for Goods made to the Customer’s specifications, or for non-stocklist items, will definitely not be accepted once production has commenced, or an order has been placed.

 

  1. Privacy Act 1988
    • The Customer agrees for The Plasterboard Shed to obtain from a credit reporting agency a credit report containing personal credit information about the Customer in relation to credit provided by The Plasterboard Shed.
    • The Customer agrees that The Plasterboard Shed may exchange information about the Customer with those credit providers either named as trade referees by the Customer or named in a consumer credit report issued by a credit reporting agency for the following purposes:
      • to assess an application by the Customer; and/or
      • to notify other credit providers of a default by the Customer; and/or
      • to exchange information with other credit providers as to the status of this credit account, where the Customer is in default with other credit providers; and/or
      • to assess the creditworthiness of the Customer.

The Customer understands that the information exchanged can include anything about the Customer’s creditworthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988.

  • The Customer consents to The Plasterboard Shed being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
  • The Customer agrees that personal credit information provided may be used and retained by The Plasterboard Shed for the following purposes (and for other purposes as shall be agreed between the Customer and The Plasterboard Shed or required by law from time to time):
    • the provision of Goods; and/or
    • the marketing of Goods by The Plasterboard Shed, its agents or distributors; and/or
    • analysing, verifying and/or checking the Customer’s credit, payment and/or status in relation to the provision of Goods; and/or
    • processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Customer; and/or
    • enabling the daily operation of Customer’s account and/or the collection of amounts outstanding in the Customer’s account in relation to the Goods.
  • The Plasterboard Shed may give information about the Customer to a credit reporting agency for the following purposes:
    • to obtain a consumer credit report about the Customer;
    • allow the credit reporting agency to create or maintain a credit information file containing information about the Customer.
  • The information given to the credit reporting agency may include:
    • personal particulars (the Customer’s name, sex, address, previous addresses, date of birth, name of employer and driver’s licence number);
    • details concerning the Customer’s application for credit or commercial credit and the amount requested;
    • advice that The Plasterboard Shed is a current credit provider to the Customer;
    • advice of any overdue accounts, loan repayments, and/or any outstanding monies owing which are overdue by more than sixty (60) days, and for which debt collection action has been started;
    • that the Customer’s overdue accounts, loan repayments and/or any outstanding monies are no longer overdue in respect of any default that has been listed;
    • information that, in the opinion of The Plasterboard Shed, the Customer has committed a serious credit infringement (that is, fraudulently or shown an intention not to comply with the Customer’s credit obligations);
    • advice that cheques drawn by the Customer for one hundred dollars ($100) or more, have been dishonoured more than once;
    • that credit provided to the Customer by The Plasterboard Shed has been paid or otherwise discharged.

 

  1. Unpaid The Plasterboard Shed’s Rights
    • Where the Customer has left any item with The Plasterboard Shed for repair, modification, exchange or for The Plasterboard Shed to perform any other service in relation to the item and The Plasterboard Shed has not received or been tendered the whole of any moneys owing to it by the Customer, The Plasterboard Shed shall have, until all moneys owing to The Plasterboard Shed are paid:
      • a lien on the item; and
      • the right to retain or sell the item, such sale to be undertaken in accordance with any legislation applicable to the sale or disposal of uncollected goods.
    • The lien of The Plasterboard Shed shall continue despite the commencement of proceedings, or judgment for any moneys owing to The Plasterboard Shed having been obtained against the Customer.

 

  1. Building and Construction Industry Security of Payment Act 2002
    • At The Plasterboard Shed’s sole discretion, if there are any disputes or claims for unpaid Goods and/or Services then the provisions of the Building and Construction Industry Security of Payment Act 2002 may apply.
    • Nothing in this agreement is intended to have the affect of contracting out of any applicable provisions of the Building and Construction Industry Security of Payment Act 2002 of Victoria, except to the extent permitted by the Act where applicable.

 

  1. General
    • The failure by The Plasterboard Shed to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect The Plasterboard Shed’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
    • These terms and conditions and any contract to which they apply shall be governed by the laws of the state in which The Plasterboard Shed has its principal place of business, and are subject to the jurisdiction of the courts in that state.
    • Subject to clause 13 The Plasterboard Shed shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by The Plasterboard Shed of these terms and conditions (alternatively The Plasterboard Shed’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods).
    • The Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Customer by The Plasterboard Shed nor to withhold payment of any invoice because part of that invoice is in dispute.
    • The Plasterboard Shed may license or sub-contract all or any part of its rights and obligations without the Customer’s consent.
    • The Customer agrees that The Plasterboard Shed may amend these terms and conditions at any time. If The Plasterboard Shed makes a change to these terms and conditions, then that change will take effect from the date on which The Plasterboard Shed notifies the Customer of such change. The Customer will be taken to have accepted such changes if the Customer makes a further request for The Plasterboard Shed to provide Goods to the Customer.
    • Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
    • The Customer warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it.