Standard Sale Terms & Conditions
Standard Sale Terms & Conditions
Battery Safes Australia — a trading name of International Safe Company Pty Ltd ABN: 23 131 133 992
1. Definitions
1.1 In these Conditions:
“Company” means International Safe Company Pty Ltd (trading as Battery Safes Australia), ABN 23 131 133 992, with its principal place of business in Western Australia; “Customer” means the person or entity placing an Order with the Company; “Goods” means the battery storage safes and related products supplied by the Company; “Order” means the Customer’s order for Goods submitted via the website, email, or quotation acceptance; “Contract” means the agreement between the Company and the Customer for the supply of Goods, incorporating these Conditions; “Delivery” means completion of unloading of Goods at the Delivery Address; “Delivery Address” means the address specified by the Customer at the time the Order is placed; “GST” has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth); “ACL” means the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
2. Basis of Agreement
2.1 These Conditions apply to every Contract between the Company and the Customer and supersede any other terms the Customer may seek to impose.
2.2 An Order constitutes an offer by the Customer to purchase Goods under these Conditions. The Customer is responsible for ensuring the Order is complete and accurate.
2.3 No variation to these Conditions is binding unless agreed in writing by an authorised representative of the Company.
2.4 The Company’s employees and agents are not authorised to make representations about the Goods unless confirmed in writing by an authorised representative.
2.5 The Company reserves the right to correct typographical or clerical errors in any quotation, invoice, or published material without liability.
3. Quotations and Orders
3.1 Quotations are valid for 30 days from the date of issue unless otherwise stated.
3.2 Orders are accepted at the Company’s discretion. Acceptance occurs when the Company confirms the Order in writing or dispatches the Goods, whichever is earlier.
3.3 Once accepted, an Order may only be cancelled with the Company’s written agreement. The Customer may be liable for reasonable costs incurred up to the point of cancellation.
3.4 The Company reserves the right to refuse or cancel any Order, or suspend delivery, where the Customer’s payment obligations are not being met.
3.5 The Customer is responsible for ensuring the Goods comply with any applicable requirements of the state or territory in which they are to be installed or used.
4. Pricing and GST
4.1 Prices are as quoted or as listed on the Company’s current price list at the time the Order is placed. All prices are in Australian dollars (AUD).
4.2 Unless otherwise stated, prices are exclusive of GST. GST will be added to invoices at the applicable rate and is payable by the Customer.
4.3 The Company may increase the price of Goods before Delivery to reflect factors beyond its reasonable control, including increases in supplier costs, freight, or duties, provided reasonable notice is given. The Customer may cancel the Order if they do not accept the revised price, and a full refund will be provided.
4.4 The price of Goods includes standard delivery to the Delivery Address within Australia unless otherwise stated. Changes to the Delivery Address may attract additional freight charges.
5. Payment
5.1 Payment is due within 30 days of the invoice date unless otherwise agreed in writing.
5.2 The Company may charge interest on overdue amounts at a rate of 5% per annum above the Reserve Bank of Australia cash rate, calculated daily, from the due date until payment is received.
5.3 The Company may suspend or cancel further deliveries if payment obligations are not met.
5.4 If overdue amounts are referred to a debt collection agency or solicitor, the Customer agrees to reimburse the Company’s reasonable costs of recovery.
6. Delivery
6.1 The Company will deliver Goods to the Delivery Address using its nominated carrier.
6.2 Delivery dates are estimates only. The Company will not be liable for delays caused by circumstances beyond its reasonable control.
6.3 If Delivery cannot be completed due to the Customer’s actions or omissions, the Company will notify the Customer and arrange an alternative delivery date. Additional costs arising from failed delivery may be charged to the Customer.
6.4 Where Goods are delivered in instalments, each instalment constitutes a separate contract. Failure to deliver one instalment does not entitle the Customer to cancel the Contract as a whole.
6.5 A signed delivery receipt is evidence of delivery of the Goods described in it.
7. Risk and Title
7.1 Risk in the Goods passes to the Customer upon Delivery.
7.2 Title to the Goods remains with the Company until the Customer has paid all amounts owing under the Contract and any other outstanding amounts owed to the Company.
7.3 Until title passes, the Customer must:
(a) hold the Goods separately and clearly identified as the Company’s property; (b) keep the Goods insured for their full replacement value; (c) not charge, pledge, or encumber the Goods.
7.4 If the Customer fails to pay on time, the Company may enter the Customer’s premises to recover the Goods, and the Customer irrevocably licences the Company to do so.
7.5 The Customer is responsible for obtaining all necessary consents and approvals for the installation and use of the Goods in accordance with applicable Australian laws, standards, and local by-laws.
8. Returns and Cancellation
8.1 The Customer may return Goods within 30 days of Delivery provided the Goods are unused, in original packaging, and undamaged.
8.2 To initiate a return, the Customer must contact the Company in writing and obtain a Return Authorisation Number. Returns will not be accepted without this number.
8.3 Return freight costs are the Customer’s responsibility unless the return is due to a fault or error by the Company.
8.4 Refunds will be processed within 14 days of the Company receiving the returned Goods in acceptable condition. The Company may deduct a restocking fee of up to 10% for change-of-mind returns.
9. Warranty
9.1 The Company warrants that the Goods, on Delivery:
(a) conform in all material respects to their description; (b) are free from material defects in materials and workmanship; and (c) are fit for the purpose for which they are ordinarily supplied.
9.2 The warranty period is 12 months from the date of Delivery.
9.3 The warranty does not apply where:
(a) the defect arises from misuse, neglect, abnormal use, or failure to follow the Company’s instructions; (b) the Goods have been modified or repaired without the Company’s written consent; (c) the defect arises from fair wear and tear.
9.4 Where a valid warranty claim is made, the Company will at its option repair, replace, or refund the Goods.
10. Australian Consumer Law
10.1 Nothing in these Conditions excludes, restricts, or modifies any right or guarantee the Customer has under the ACL that cannot be excluded, restricted, or modified by agreement.
10.2 If the Customer is a consumer under the ACL, the Customer has statutory guarantees in relation to the Goods that cannot be excluded. These Conditions operate in addition to, and do not limit, those statutory guarantees.
10.3 To the extent permitted by law, the Company’s liability for a failure to comply with a statutory guarantee that is not a major failure is limited to, at the Company’s election: replacing or repairing the Goods, or paying the cost of replacement or repair.
11. Limitation of Liability
11.1 To the maximum extent permitted by law, the Company’s total liability to the Customer for any claims arising out of or in connection with the Contract (whether in contract, tort, or otherwise) is limited to the price paid by the Customer for the Goods giving rise to the claim.
11.2 The Company is not liable for any indirect, consequential, or special loss, loss of profit, or loss of opportunity, except to the extent that such liability cannot be excluded under the ACL.
12. Force Majeure
The Company will not be liable for any failure or delay in performing its obligations where that failure or delay results from circumstances beyond its reasonable control, including but not limited to natural disasters, acts of government, supply chain disruption, labour disputes, or failure of third-party carriers.
13. General
13.1 Assignment — The Customer may not assign or transfer any rights under the Contract without the Company’s prior written consent.
13.2 Notices — Notices under these Conditions must be in writing and sent to the Company’s principal place of business or the Customer’s address on the Order.
13.3 Waiver — Failure by the Company to enforce any provision does not constitute a waiver of that provision.
13.4 Severance — If any provision is found to be invalid or unenforceable, it will be severed and the remaining provisions will continue in full force.
13.5 Entire Agreement — This Contract constitutes the entire agreement between the parties and supersedes all prior representations and agreements relating to the Goods.
13.6 Governing Law — These Conditions are governed by the laws of Western Australia. Each party submits to the non-exclusive jurisdiction of the courts of Western Australia.