Terms and Conditions

Terms and Condition of use

SHEDFAST Internet Web Site

SHEDFAST PTY LTD, ABN: 69 105 063 901, trading as ShedFast provides this Internet Web site www.shedfast.com.au (“Site”) for your browsing, information, and use. The contents and design of the Site, including logos, text, pictures, images, graphics, brochures and other items provided by the Site are the intellectual property of ShedFast and copyrighted by ShedFast. The contents and design of the Site are protected under copyright law and international treaty. All rights reserved. No part of the Site may be reproduced or transmitted by any process without prior permission in writing from ShedFast.

The layout and content of the Site is updated from time to time. ShedFast shall not be responsible for any errors or omissions contained within the Site. ShedFast does not make any representation or warranty about the accuracy, suitability for any purpose, or usefulness of the information provided on the Site. Information contained within the Site is intended to provide a broad overview of the capabilities of ShedFast products and services and information provided may not be relevant to your specific situation/requirements. It is your responsibility to assess the information provided and decide if it is accurate and useful.

Except as may be prescribed or implied by law, ShedFast shall not be liable for any damages whatsoever (including special, indirect, consequential, or incidental damages or damages for loss of profits, revenue, or loss of use) arising out of or relating to the Site or the information contained therein or the products it supplies whether such damages arise in contract, in tort, in equity, under statute, at law or otherwise.

By accessing the Site, you accept these ShedFast Internet Web Site Terms and Conditions of Use as a legal agreement between you and ShedFast.

TERMS AND CONDITIONS OF PURCHASE

General Terms & Conditions                     

(a)   For the purpose of these Term & Conditions of Trade, SHEDFAST is the (Supplier) and the purchaser of a SHEDFAST product/Goods, is a (Customer). 

(b)   SHEDFAST PTY LTD reserves the right to amend these Terms & Conditions from time to time and ensure availability via our web site.

(c)   By accepting a quotation from the supplier, the customer agrees to be bound by these General Terms & Conditions.

1. DEFINITIONS AND INTERPRETATIONS

1.1 Definitions

In these Terms and Conditions of Trade:

Additional Charge means:-

(a) fees or charges for additional work performed at the Customer’s request or reasonably required as a result of the Customer’s conduct, calculated in accordance with the Supplier’s then current prices or hourly rates;

(b) expenses incurred by the Supplier, at the Customer’s request or reasonably required as a result of the Customer’s conduct.

Business Day means a day that is not a Saturday, Sunday or public holiday in the place where the Services are principally being carried out or the Goods provided.

Customer means the person that the Quotation is addressed to (non-commercial) or the Company that provides the Order (commercial) and includes the Customer’s agents and permitted assigns.

Delivery means when the goods are transferred to the Customer either by physical delivery or to the customer’s agent or assignee.

Goods means any goods supplied by the Supplier including those supplied in the course of providing Services.

GST means Goods and Services Tax as defined in A New Tax System (Goods and Services) Act 1999

Intellectual Property Rights means intellectual property rights at any time protected by statute or common law, including copyright, trademarks, patents and registered designs.

Loss includes, but is not limited to, costs (including, but not limited to, party to party legal costs and the Supplier’s legal costs), expenses, lost profits, award of damages, personal injury and property damage.

Quote means a written description of the Goods or Services to be provided to a Customer.

Supplier means the entity specified as the supplier of Goods or Services on the Quote and includes the Supplier’s agent and permitted assigns.

Terms and Conditions means this document.

2. AGREEMENT TO BUY AND SELL

In consideration of payment of the price specified in the Quotation, the Supplier agrees to sell and the Customer agrees to buy the Products / Goods, accepting these terms and conditions.

3. QUOTES

(a) The Supplier may provide the Customer with a Quote.  Any Quote issued by the Supplier is valid for a maximum of 30 days from the date of issue.

(b) Unless specifically included in the Quote, delivery and/or installation of the Goods are not included.

(c) Quotes are based upon the cost of materials available at the time of preparation of the Quote and assume the timely supply by the Customer of necessary material, instructions and information to the Supplier.

(d) Following provision of a Quote to the Customer, the Supplier is not obliged to commence work until the Quote has been accepted in writing, with deposit paid or Company Order received.

(e) The Supplier reserves the right to amend any Quote before an Order has been made to take into account any rise or fall in the cost of completing the Order. The Supplier will notify the Customer of any amendment as soon as practicable, at which point the amended quote will be the Quote for the purposes of these Terms and Conditions.

(f) An indication in a Quote of the timeframe for the provision of the Goods or Services is an estimate only and is not a fixed timeframe. Subject to any obligations in respect of consumer guarantees under the Australian Consumer Law, this estimate is not binding upon the Supplier.

4. ACCEPTANCE OF QUOTE

The Customer may accept a Quotation either in writing or verbally. Acceptance shall be deemed to be an agreement by the Customer to be legally bound by this Agreement.

5. SITE SPECIFIC ENGINEERING

(a) The Customer is required to provide the intended location of Goods installation on placement of an order.  This includes all information to clearly define the location of intended install for the purpose of accurate engineering assessment.  Including, but not limited to; Street Address, RP, Lot No.  This information is used in the engineering assessment and certification of the goods. 

(b) If the location information is incorrectly provided and additional free will be charge for re-assessment and certification.

6. COMMUNICATION

(a) It is the responsibility of the Customer to provide the Supplier with all contacts relevant to the approval of all parts of the project at the commencement of the Job. Any delays caused by not providing the Supplier with contacts including but not limited to contacts for design approval and site procedures may incur an Additional Charge.

7. PURCHASE ORDERS

(a) Orders must be signed by an authorised representative of the Customer and must specify a date range of delivery.

(b) Placement of an Order by the Customer signifies acceptance by the Customer of these Terms and Conditions

(c) The Supplier’s Quote number will be specified on the Order.

(c) The Supplier may in its absolute discretion refuse to provide Goods or Services where:-

      (i) Goods are unavailable for any reason whatsoever;

      (ii) Credit limits cannot be agreed upon or have been exceeded.

      (iii)  A Deposit has not been paid.

(d) An Order cannot be cancelled without the prior written consent of the Supplier. Where an Order is cancelled, the Customer indemnifies the Supplier against any Losses incurred by the Supplier as a result of the cancellation, including, but not limited to loss of profit from other orders foregone as a result of the scheduling of the Order which is subsequently cancelled.

(g) Following placement of an Order, any delays caused by the Customer exceeding 90 days which subsequently delays the Supplier’s purchase of materials for the Goods including but not limited to steel frame materials or sheeting, may incur an Additional Charge.

8. INVOICING AND PAYMENT

(a) Non-commercial Customers and commercial Customers who do not have an approved credit account with the Supplier must pay a deposit of 10% of the Price to confirm the Customer’s order. The Customer must pay for the Product in full upon manufacture completion, prior to delivery or dispatch of the Product from the Supplier’s premises.

(b) For Customers who require site specific engineering certification upfront when proceeding with an order the Supplier may, at its sole discretion, choose to invoice a nominal $200 (non-refundable) deposit only, to cover the cost of engineering assessment. This amount is still considered a deposit, and the order will proceed as per the Quotation in its entirety unless Council approval for construction is not approved. In this instance, the Company may agree to terminate part or all of the order upon request of the Customer.

(c) No Credit Accounts will be entered into with Overseas Customers and all Overseas Customers must provide payment in full of the Supplier’s invoice prior to the Supplier arranging Shipping of the Goods.

9. ACCEPTANCE OF GOODS

(a) If the Customer fails to advise the Supplier in writing of any fault in Goods or failure of Goods to accord with the Customer’s Order within 48 hours of delivery, the Customer is deemed to have accepted the Goods and to have accepted that the Goods are not faulty and accord with the Customer’s order. Nothing in this paragraph affects the Customer’s rights for any alleged failure of a guarantee under the Australian Consumer Law.

(b) Any claims or disputes by the Customer in relation to an invoice must be notified in writing to the Supplier within 7 days from the date of the invoice.

10. TITLE AND RISK

(a) Risk in the Goods passes to the Customer immediately upon delivery.

(b) Property in Goods supplied to the Customer pursuant to these Terms and Conditions does not pass to the Customer until all money (including money owing in respect of other transactions between the Supplier and the Customer) due and payable to the Supplier by the Customer has been fully paid.

(c) Where Goods are supplied by the Supplier to the Customer without payment in full of all moneys payable in respect of Goods and any Services provided by the Supplier in respect of those Goods, the Customer:

(i) is a bailee of the Goods until property in them passes to the Customer;

(ii) irrevocably appoints the Supplier its attorney to do all acts and things necessary to ensure the retention of title to goods including the registration of any security interest in favour of the Supplier with respect to the Goods under applicable law;

(iii) must be able upon demand by the Supplier to separate and identify as belonging to the Supplier Goods supplied by the Supplier from other goods which are held by the Customer;

(iv) must not allow any person to have or acquire any security interest in the Goods;

(v) agrees that the Supplier may repossess the Goods if payment is not made within 30 days (or such longer time as the Supplier may, in its complete discretion, approve in writing) of the supply of the Goods; and

(vi) the Customer grants an irrevocable license to the Supplier or its agent to enter the Customer’s premises in order to recover possession of Goods pursuant to this paragraph. The Customer indemnifies the Supplier in respect of any damage to property or personal injury which occurs as a result of the Supplier entering the Customer’s premises.

(d) Where Goods are supplied by the Supplier to the Customer without payment in full of all moneys payable in respect of the Goods and any Services provided by the Supplier in respect of those Goods, and the Customer makes a new object from the Goods, whether finished or not, or the Customer mixes the Goods with other goods or the Goods become part of other goods (New Goods), the Customer agrees with the Supplier that the ownership of the New Goods immediately passes to the Supplier. The Customer will hold the New goods on trust for the Supplier until payment of all sums owing to the Supplier where under these Terms and Conditions or any other contract have been made and the Supplier may require the Customer to store the New Goods in a manner that clearly shows the ownership of the Supplier.

(e) For the avoidance of doubt, under paragraph (d), the ownership of the New Goods passes to the Supplier at the beginning of the operation or event by which the Goods are converted into, are mixed with or become part of other goods.

(f) Notwithstanding paragraph (c), the Customer may transfer, sell or dispose of Goods, including New Goods, to a third party in the ordinary course of business provided that:-

(i) where the Customer is paid by a third party in respect of Goods including New Goods, the Customer holds the whole of the proceeds of sale less any GST on trust for the Supplier – in a separate account – until all amounts owed by the Customer to the Supplier have been paid; or

(ii) where the Customer is not paid by a third party, the Customer agrees to assign all of its rights against the third party to the Supplier upon the Supplier giving the Customer notice in writing to that effect and for the purpose of giving effect to that assignment the Customer irrevocably appoints the Supplier as its attorney.

(g) Where Goods are supplied by the Supplier to the Customer without payment in full of all moneys payable in respect of the Goods and any Services provide by the Supplier in respect of those Goods, the Customer acknowledges that the Supplier has a right to register and prefect a personal property security interest.

(h) The Supplier may sell or otherwise dispose of the Goods in its absolute discretion and on its own account without limiting any other rights the Supplier has.

(i) The Customer indemnifies the Supplier against any loss damage liability or expense incurred or sustained as a result of the exercise of the Suppliers rights under this clause.

(j) This clause is for the benefit of the Supplier and the Supplier may waive it by giving written notice to the Customer at any time.

(k) Notwithstanding any other provision in this agreement, the Supplier may take any action it deems necessary including legal proceedings to recover as a liquidated debt any amount payable by the Customer under this agreement.

(l) The Customer grants to the Supplier a purchase money security interest (as defined in the PPS Law) in the Goods and any proceeds of sale of the Goods (“PMSI”) to secure the payment by the Customer to the Supplier of all monies owing by the Customer to the Supplier, on any account.

(m) The costs of registering a financing statement under the PPS Law will be paid by the Customer to the Supplier.

(n) The Customer must not do anything or permit anything to be done that may result in the PMSI granted to the Supplier ranking in priority behind any other security interest.

(o) The Customer must take all further steps and sign all further documents as may be required by the Supplier to further or better secure the Suppliers rights under this agreement and the security under the PPS Law in respect of the Goods or to maintain the effectiveness of or priority of the security interest under the PPSA.

(p) The Customer agrees that nothing in sections 125, 132(3)(d), 132(4), 135, 142 and 143 of the PPS Law shall apply to this agreement or the security under this agreement.

11. INDEMNITY

(a) The Customer indemnifies and keeps indemnified the Supplier, its servants and agents in respect of any claim or demand made or action commenced by any person (including, but not limited to, the Customer) against the Supplier or, for which the Supplier is liable, in connection with any Loss arising from or incidental to the provision of Goods or Services, any Order or the subject matter of these Terms and Conditions including, but not limited to any legal costs incurred by the Supplier in relation to meeting any claim or demand or any party/party legal costs for which the Supplier is liable in connection with any such claim or demand. This provision remains in force after the termination of these Terms and Conditions.

12. FORCE MAJEURE

(a) If circumstances beyond the Supplier’s control prevent or hinder its provision of the Goods or Services, the Supplier is free from any obligation to provide the Goods or Services while those circumstances continue. The Supplier may elect to terminate this agreement or keep the agreement on foot until such circumstances have ceased.

(b) Circumstances beyond the Supplier’s control include, but are not limited to, unavailability of materials or components, strikes, lockouts, riots, natural disasters, fire, war, acts of God, public health emergencies, disease, epidemics and pandemics (including events relating to the SARS-CoV-2 virus and COVID-19 disease), Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.

13. EXCLUSIONS AND LIMITATION OF LIABILITY

(a) The Customer expressly agrees that use of the Goods and Services is at the Customer’s risk. To the full extent allowed by law, the Supplier’s liability for breach of any term implied into these Terms and Conditions by any law is excluded.

(b) All information, specifications and samples provided by the Supplier in relation to the Goods or Services are approximations only and, subject to any guarantees under the Australian Consumer Law, small deviations or slight variations from them which do not substantially affect the Customer’s use of the Goods or Services will not entitle the Customer to reject the Goods upon delivery, or to make any claim in respect of them.

(c) Except as set out in SHEDFAST WARRANTY, the Supplier gives no warranty in relation to the Goods or Services provided or supplied. Under no circumstances is the Supplier or any of its suppliers liable or responsible in any way to the Customer or any other person for any loss, damages, costs, expenses or other claims (including consequential damages and loss of profits or loss of revenues), as a result, direct or indirect of any defect, deficiency or discrepancy in the Goods or Services including in their form, content and timeliness of deliveries, failure of performance, error, omission, defect, including, without limitation, for and in relation to any of the following:-

(i) any Goods or Services supplied to the Customer;

(ii) any delay in supply of the Goods or Services; or

(iii) any failure to supply the Goods or Services.

(d) Any advice, recommendation, information, assistance or service given by the Supplier in relation to Goods and/or Services is given in good faith and is believed to be accurate, appropriate and reliable at the time it is given, but is provided without any warranty or accuracy, appropriateness or reliability. The Supplier does not accept any liability or responsibility for any Loss suffered as a result of the Customer’s reliance on such advice, recommendation, information, assistance or service.

(e) To the fullest extent permissible at law, the Supplier is not liable for any direct, indirect, punitive, incidental, specific, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the provision of or failure to provide Goods or Services, or otherwise arising out of the provision of Goods or the Services, whether based on Terms and Conditions, negligence, strict liability or otherwise, even if the Supplier has been advised of the possibility of damages.

 (f) The Australian Consumer Law may give the Customer certain guarantees. Where liability for breach of any such guarantee can be limited, the Supplier’s liability (if any) arising from any breach of those guarantees is limited:

(i) with respect to the supply of Goods, to the replacement or repair of the Goods or the costs of resupply or replacement of the Goods; or

(ii) with respect to Services to the supply of Services again or cost of resupplying the Services again.

14 WARRANTY

See SHEDFAST WARRANTY

15 OTHER MATTERS

(a) These Terms and Conditions are governed by the laws of Queensland and each party irrevocably submits to the non-exclusive jurisdiction of the courts of Queensland.

(b) These Terms and Conditions and any Quotes and written variations agreed to in writing by the Supplier represent the whole agreement between the parties relating to the subject matter of these terms.

(c) These Terms and Conditions supersede all oral and written negotiations and communications by and on behalf of either of the parties.

(d) In entering into these Terms and Conditions, the Customer has not relied on any warranty, representation, or statement, whether oral or written, made by the Supplier or any of its employees or agents relating to or in connection with the subject matter of these Terms and Conditions.

(e) If any provision of these Terms and Conditions at any time is or becomes void, voidable or unenforceable, the remaining provisions will continue to have full force and effect.

(f) A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right.

(g) A notice or other communication required or permitted to be given by one party to another must be in writing to the address shown on a Quote (or as varied pursuant to these paragraph) and delivered personally, sent by pre-paid mail to the address of the address specified in the relevant Quote; sent by facsimile transmission to the facsimile number of the addressee specified in the relevant Quote, with acknowledgement of receipt from the facsimile machine of the addressee or sent by email to the email address of the addressee specified in the relevant Quote with acknowledgement of delivery.

(h) A notice or other communication is taken to have been given (unless otherwise proved) if mailed, on the second Business Day after posting; or if sent by facsimile or email before 4pm one Business Day at the place of receipt, on the date it is sent and otherwise on the next Business Day at the place of receipt.

(i) A party may only change its postal or email address or fax number for service by giving notice of that change in writing to the other party.