The following terms and conditions of sale and installation apply to products (“Goods”) sold directly by Kev’s Outdoors Pty Ltd (ABN 96 101 109 639) trading as Aussie Clotheslines and Letterboxes (“Aussie” or “us”) to you (“Customer” or “you”).
Quotes and Measurements
1. Our quotes are valid for 30 days. Once accepted, if completion (refer to clause 16) is delayed for more than 6 months from the acceptance date for any reason, we reserve our right to review the price of Goods the subject of the quote.
2. Any quote provided by us is an estimate only whereby we recommend a type and size of Goods suitable for the application which you have presented to our salesperson.
3. On receipt of a quote, you are solely liable to confirm the recorded particulars and specifications set out in the quote.
4. If you advise us of any alterations to the style, colour or type of Goods, the size, location or any other material information regarding the order, we may adjust and reissue our quote. Tailoring or customisation required to standard Goods will be charged in addition to the quoted price.
5. On acceptance of the quote, the quote shall be a binding contract between you and us. Acceptance will occur on the earlier in time of you signing and returning the quote, providing a deposit, booking a time for delivery of Goods or services or otherwise confirming verbally or in writing that you wish to proceed.
6. We will not commence processing your order until you have (whichever occurs first in time): -
a. with respect to custom Goods (Goods which are not off-the-shelf products and require some tailoring or customisation), accepted the quote (see clause 5) and paid the deposit required; or
b. with respect to standard Goods (Goods which are off-the-shelf and require no tailoring or customisation), accepted the quote (see clause 5) or have an approved credit account with us.
7. Where Goods are made to suit specifications or measurements provided by you, it is your sole responsibility to advise us of any alteration to those specifications or measurements as soon as practicable after you become aware of them. You will be solely liable for any increase in costs to accommodate any alterations needed to the Goods where any specifications or measurements (whether provided by you or measured by us) are altered.
8. Quotations apply only to the specifics contained therein and taking into account standard building and industry practice.
9. A distance loading charge may be applicable at our discretion.
10. We may amend our price list at any time. Our amended prices will apply to all orders and Customer Placements after the date of amendment. The amended prices will not apply to any issued quotes that have not expired.
11. You are not entitled to delay, suspend or cancel any orders once your quote has been accepted.
Payments – General Terms for all Customers
12. A deposit equal to 50% of the total order value (inclusive of GST) is payable on acceptance of the quote for all custom Goods unless we have waived the deposit requirement (i.e. you are an account customer).
13. Where the value of Goods and/or services the subject of an order exceeds the sum of $1000, payment is required in full and we will render an invoice to you once the Goods are available for delivery/pick up/installation (as applicable).
14. Except where clause 13 applies, we will issue an invoice to you on completion. 15. Completion means the sooner of the time: -
a. we complete installation of Goods where we are contracted to install Goods (supply and install); or
b. delivery of Goods to you (delivery or pick up) where we are not contracted to install products (supply only).
16. If we complete a final inspection and conclude that the Goods have been made and installed to standard building and industry practice then we will be deemed to have completed our obligations to you.
17. Our terms of trading are strictly payment on or before completion pursuant to clauses 15 or 16 (as applicable) unless you are an account customer in which case payment must be made in accordance with the terms of the account (i.e. 14 days).
18. You must make payment of all amounts invoiced together with all GST.
19. Payments can be made by bank transfer, Eftpos, cash, cheque or credit card. We do not accept Amex. If your cheque is dishonoured you will be liable to us for any bank fees incurred by us.
20. Late payments attract interest of 10% per annum calculated daily.
21. Deposits are only refundable if you advise us that you wish to cancel the custom Goods order before we commence manufacture of the custom Goods order and we agree to cancel the custom Goods order (in our discretion). We reserve the right to deduct from the deposit before refunding it, an administration fee of $150 plus GST for any cancelled custom Goods order. Once we (or our supplier) have commenced manufacture, then you will forfeit the deposit if you cancel the order.
22. If you fail to make payment of any monies to us when they fall due, we may report your failure to such credit agencies as we consider appropriate.
23. You will be liable to us for all costs incurred by us (on a full indemnity basis) in recovering any monies you owe to us.
24. We may set off any monies owing by us to you against any monies owing by you to us. You may not set off or deduct any amounts you allege we owe you from amounts you owe us.
Payments – Specific to Account Customers
25. If an account customer places a Purchase/Work/Job Order (“Customer Placement”) (whether or not we have provided a quotation) then we will only be deemed to have accepted that Customer Placement on approval from our accounts department.
26. Account customers must abide at all times by our payment terms. If you fail to make payment of any amount when it falls due for payment, we may suspend the processing and delivery of all orders placed on your account until payment is received in full.
27. We may suspend the processing and delivery of all orders placed on your account if your account is over its account limit until you reduce the account to an amount acceptable to us.
28. We may reduce your account limit, or refuse to increase your account limit, at any time without reason.
29. We may require you provide us references before we approve any account limit. We may also undertake credit reports and on charge any costs to you for same.
30. Late payments attract interest of 10% per annum calculated daily.
31. We do not offer refunds for change of mind. If we, in our discretion, agree to accept a refund you will be liable to us for a restocking fee of 20% of the price of the Goods.
Retention of Title, Charges and Registrations
32. Ownership, interest and title in the Goods and all ancillary products supplied by us remains with us until payment is received in full. Risk passes in accordance with clause 36.
33. If you fail to make payment of any monies when they fall due, we may remove any products supplied and we will not be liable to you in trespass or for any damage caused by such removal.
34. We may register our interest in the products supplied by us to you, or your account generally, on the Personal Property Securities Register and on charge you the costs of registration.
35. You charge your right, title and interest in all of your assets with due and punctual payment of all monies owing to us at any time. Where such amount exceeds $10,000 you expressly authorise us to place a caveat on any real estate as security for that charge.
Delivery and Installation
36. Risk in the Goods passes to you on the earlier of delivery, completion or installation.
37. Any delivery or installation dates specified by us are approximates only. We will not be liable to you for any delay in delivery or installation regardless of the reason for the delay. You are not entitled to cancel your order because it has been delayed.
38. We will make every reasonable attempt to address any delays as soon as practical and complete as soon as possible.
39. If for any reason beyond our control, we are unable to effect delivery or provision of Goods or services to you, then we may (in our discretion) cancel your order (even if it has already been accepted) by notice in writing to you.
40. The installer will make contact with you by no later than one day before the installation date to give an approximate time frame for attendance to perform the installation of the Goods (if applicable).
41. Where we are not installing the Goods and we have agreed to deliver the Goods (either personally or via a courier or freight service), delivery will be made as per your instructions. We may in our discretion elect to deliver the goods even if there is no one at the delivery site to accept delivery. For the avoidance of doubt, we may leave the goods at the delivery address provided by you without requiring a signature for delivery. We will not be liable to you for any loss, theft or damage of any delivered goods. If we are required to re-attend for delivery (if delivery could not be finalised on the booked date), then we are entitled to charge you an additional delivery fee of $50.
42. In relation to installations, we are not responsible for any electrical fittings, wires, sewerage, soak-wells, reticulation, gas fittings, water pipes or alarm systems. You must advise us of the location of any of the foregoing before we commence installation of your Goods. We will not be liable to you if we drill, dig or fix into any of the foregoing if you have not expressly advised us of their specified location.
43. If an alarm system needs to be disengaged for installation you are responsible for rearming or reconnecting the alarm system.
44. Whilst all reasonable care will be taken whilst drilling, digging or fixing during installation, we will not be liable to you for any masonry, rendered or other surface cracking, collapsing or otherwise being damaged.
45. Where we are installing into the ground, you must ensure that all ground surfaces are level otherwise the Goods will not sit level with the ground. This includes uneven concrete/pavers surrounding the Goods. Where paving is completed prior to our installation we may need to lift pavers at each post to lay concrete footings. If this is required, we will only replace existing pavers into their original position where possible without cutting. It may be necessary for us to break pavers to remove them to allow installation of our Goods. Whilst we will use reasonable efforts to not cause unnecessary damage to the pavers and reinstate them when installation is completed, you expressly acknowledge that relaying and cutting of pavers is not included in our quotations and you are responsible for arranging a third party to attend to same where necessary.
46. Our quote includes the installation of goods in soft (soil/grass) grounds. Rocky grounds or other obstacles may require the use of machinery which will attract additional costs on account of the hire of the machinery and labour.
47. Installation onto concrete slabs, liquid limestone or poured concrete paving may require core drilling or plated feet for ground mounted Goods and may, in our discretion, attract additional costs on account of fixings, drill hire and/or labour.
48. Limestone has different properties depending on the limestone product. We will select the fittings most suitable to the limestone but provide no warranty with respect to same.
49. Height restrictions apply to installations on single brick walls to ensure the Goods remain structurally sound when loaded up with heavy items. The installer will assess the installation wall and make general recommendations to you as to the height of installation. We will not be liable to you if you choose to ignore such recommendations.
50. You must ensure that nothing in the surrounds of the Goods will cause damage to the Goods, and it is your responsibility to ensure that the environmental conditions are appropriate for the Goods. If our personnel advise you that the Goods are not suitable for the requested application and you choose to proceed, you will be solely liable for any damage or other issues arising in relation to the Goods (or its surrounds).
51. We reserve the right to touch up minor scratches on site on pre-painted surfaces on our range of Goods. We take no responsibility for any paint rubs or scuffing’s from use of the Goods.
52. It is your responsibility to ensure that access to the installation site is unobstructed and suitable for vehicle access.
53. You must ensure that the area for installation is clear and free of any hazards. We may, in our absolute discretion, refuse to install any products in any location that has not been cleared or that we otherwise determine to be unsafe.
54. Goods cannot and will not be installed around objects, this causes safety issues and may result in damage to those objects or the Goods.
55. It is your responsibility to ensure the Goods (including the placement of installation and characteristics of the Goods) are in compliance with any local government, strata, gas/electricity/water provider requirements.
56. We will not tolerate any abuse or unsatisfactory behaviour and we will remove our personnel if we consider it appropriate to do so.
57. Where we are engaged to provide clothesline removal services, we confirm that such services include the dismantling of the old unit from its fixtures or the ground and/or taking it (or part of it) away off-site for disposal. Our dismantling service fee is the same whether or not you have dismantled the old unit from its fixtures or the ground and we are only required to dispose of it. We will endeavour to cut ground mounted clotheslines below ground (leaving part of the post below the ground). Old concrete in the ground will not be removed. We will not be liable to you for any damage to any property attributable to the dismantling service. We will not be liable to you, or any other person, for any injury to person resulting from any part of the post or footings remaining in place after the dismantling service.
58. If we have to reattend the site because you failed to comply with any of the foregoing requirements, or if we have to assist with any clearing of the site or objects within the excluded zone noted above, then we are entitled to charge an additional call out fee (as the case may be) of $95 plus labour on a time spent basis (both plus GST).
59. If the Goods are concreted into position, you must not touch the Goods for at least 48 hours after installation. Re-concreting will attract an additional a service charge.
60. You must maintain the Goods in accordance with the manufacturer specifications and any other specifications we advise to you.
61. We will not be held liable for any defect arising from or attributed to your failure to carry out ordinary preventative maintenance or adjustments to the Goods.
Warranties, Defects and Limitation of Liability
62. Subject always to the subsequent clauses of this section, if at law we are held to be liable for the manufacturer’s products, then those products come with guarantees that cannot be excluded under the Australian Consumer Law. In such circumstances you will be entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You would also be entitled to have the products repaired or replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure.
63. To the extent permitted by law, the only warranty that applies to products is the manufacturer’s warranty. We otherwise expressly disclaim any warranty express or implied in relation to the products and we will not be liable to you for any failure of the products.
64. We provide the Australian Consumer Law statutory warranties with respect to our services together with a 12-month warranty on our workmanship, including installation, repairs, rewiring, removals, servicing and labour etc. We do not provide any additional or other warranties.
65. Without limiting the foregoing, we expressly confirm that we will not be liable for any of the following events or any damage attributable to the event, howsoever arising: -
a. any damage caused in any way by any other device being in operation in conjunction with the Goods;
b. any defect damage or deterioration arising from or attributable to the use of the Goods if the Goods are reasonably known to be defective;
c. any salt or rust damage to Goods installed within 800m of the ocean or any other body of water or an area otherwise subject to industrial fall out;
d. any Goods or part reacting to any other metal or material surrounding the Goods (if we have not installed that metal or material);
e. children or other unfit persons operating the Goods.
66. In no circumstances will we be liable to you for any failure by us where such failure is attributable: -
a. to you or to a breach by you of these terms;
b. to us exercising any right(s) we have under these terms;
c. an event of force majeure including fire, storm, tempest, Act of God, strike war, power outage and floods.
67. Except to the extent expressly provided in these terms, we have no liability (including liability in tort, contract or negligence) to you or any third person for any loss or damage, suffered or incurred by you or that person in relation to any Goods or services provided howsoever arising and you indemnify us with respect to same.
68. To the extent we are held at law to be liable to you, the maximum extent of our liability to you will be, in our discretion, a resupply of the products or services (as applicable) or a refund of the amount of monies paid by you to us in relation to the defect for which are held to be liable.
69. We will not be liable to you for any consequential losses howsoever arising.
70. You are solely responsible for satisfying yourself that the Goods are suitable for the use contemplated by you.
71. Any description of the goods provided on our website, in any brochure, catalogue, other marketing material, quotation or invoice is given by way of identification only and the use of such description does not constitute a contract of sale by description.
Reporting Defects or Issues
72. You must provide us a notice of any purported defect no later than 14 days after completion at which time you must provide us with the invoice number. We will otherwise be free to deem you to have accepted the Goods as installed.
73. Any issues or defects with the products must be taken up directly with the manufacturer. We are not liable for any issues or defects with the products and whilst we may offer to assist you with dealing with the manufacturer, we are under no obligation to do so.
74. Our installer will remove any surplus materials and/or rubbish that is brought by them onto the installation site. We are not required to remove any surplus soil, sand, debris, tree or bush trimmings debris resulting from the installation. Such matters will be left on site and your responsibility to remove.
Our Terms Prevail
75. In terms of priority, any express terms on a quotation issued by us will have priority to these terms.
76. Notwithstanding any terms written on or purported to be incorporated by the Customer Placement, our terms and conditions (as contained herein) shall prevail at all times, regardless of the timing of exchange of documents. Without limiting the foregoing, nothing in our conduct shall be deemed to have accepted any terms contained or implied in a Customer Placement (including where we have supplied the products requested in the Customer Placement) and any purported term in the Customer Placement to the contrary, or any operation of law, that would otherwise prioritise the Customer Placement over our terms and conditions is hereby expressly agreed by both parties to have no application.
77. The undersigned party warrants that they have authority to bind the customer and will be liable to us if they do not have such authority.
78. To the extent that the customer is not one or more individuals, each director or officeholder of the customer may be required by us to provide a personal guarantee for the customer’s obligations here under.
79. If the customer is a trust, you warrant that the assets of the trust will be available to pay any monies due to us.
80. We may update and amend these terms at any time and from time to time provided that the version of the terms available at the time of your quotation or Customer Placement will apply to the products and services the subject of the quotation/Customer Placement (as applicable) and may not be amended without your consent. You must check our website or enquire with us to determine if the terms have been amended or updated prior to placing each subsequent order. Your placement of an order via a Customer Placement or acceptance of a quotation after a published change to these terms is deemed acceptance by you of the change.
81. These terms are governed by the laws of Western Australia and the parties submit to the jurisdiction of the Courts of Western Australia.
82. If any provision of these terms is invalid, void or unenforceable, then that provision will be considered severable and severed and the remaining provisions shall continue unaffected.
83. You may not assign your rights or obligations under these terms without our prior consent. We may assign our rights or obligations under these terms in our discretion.
84. A failure or delay by us to exercise our rights shall not be deemed a waiver of our rights.
85. These terms are binding on and for the benefit of each party’s successors, assigns, employees, contractors, agents and other personnel.
86. These terms and any quote and/or Customer Placement contain the entire agreement between the parties. In the event of any conflict between the documents then the quote and, subject to clauses 75 and 76 the Customer Placement, shall have priority to these terms to the extent of the conflict. For the avoidance of doubt clauses 75 and 76 shall override this clause.