Terms & Conditions - Stockyard and Fencing Solutions Terms & Conditions - Stockyard and Fencing Solutions

Terms & Conditions

Terms & Conditions

The Terms and Conditions apply to each invoice and for the sake of clarity, each provision of Goods to the Consumer by Stockyard and Fencing Solutions.

Title and Risk

  • Stockyard and Fencing Solutions will retain property in and ownership of any goods supplied to the Customer until the whole amount payable for the Goods has been received by Stockyard and Fencing Solutions, and then property and ownership shall pass to the Customer. Stockyard and Fencing Solutions will give title to the Customer free from all encumbrances and third party interests.
  • Risk in the Goods shall pass from Stockyard and Fencing Solutions to the Customer either:
    • When the Goods are collected by the Customer or its nominated agent from the Stockyard and Fencing Solutions Premises or
    • When the Goods are removed from the Stockyard and Fencing Solutions Premises for Delivery to the Customer’s nominated premises.

Delivery

  • Unless otherwise agreed by Stockyard and Fencing Solutions, the Customer will collect, or procure the collection of, the Goods from the Stockyard and Fencing Solutions Premises in the quantities ordered by the Customer and at such times as may be agreed between the parties. The Customer will be responsible for the cost of carriage and insurance in relation to the transport of the Goods from the Stockyard and Fencing Solutions Premises.
  • Where Stockyard and Fencing Solutions has agreed to Deliver the Goods to another location nominated by the Customer, Delivery shall take place at that other location. The Customer will be responsible for the cost of carriage and insurance in relation to the transport of the Goods from the Stockyard and Fencing Solutions Premises to the Customer’s nominated premises.
  • A Date for Delivery provided by Stockyard and Fencing Solutions to the Customers is an estimate only of the date on which the Goods will be Delivered. The Customer acknowledges that many of the Goods supplied by Stockyard and Fencing Solutions are imported and are subject to delays which are outside of the control of Stockyard and Fencing Solutions. Stockyard and Fencing Solutions gives no promise, warranty or undertaking that it will Deliver the Goods by the nominated  Date for Delivery.

Payment

  • Where the Customer has a pre-approved account limit with Stockyard and Fencing Solutions, the payment shall be made within 15 days from the date of goods delivered , unless otherwise agreed by Stockyard and Fencing Solutions in writing.
  • Where the Customer does not have an approved account limit the Customer shall pay Stockyard and Fencing Solutions before the goods leave warehouse for delivery. The Customer acknowledges that Delivery in accordance with this Agreement will not occur until payment of the whole of the Contract Sum has been made. However, Delivery does not waive or vary in any way the Customer’s obligations to make payment.
  • Where Stockyard and Fencing Solutions has accepted the Customers application for credit and granted Credit to the Customer and the Customer fails to pay the Contract sum on or before the date agreed between both the parties, then the credit terms granted by Stockyard and Fencing Solutions to the Customer shall terminate immediately.
  • We accept the following payment methods on our website:
    1. Credit Card;
    2. Debit Card;
    3. Bank Transfer
  • When you provide us payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.

Accounts

When you create a account on our website, you agree to the following:

  • You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
  • All information you provide us through your account is up to date, accurate, truthful and you will update your personal information if it changes.

We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these terms and conditions.

Warranties and Exclusions

  • It is the responsibility of the Customer to satisfy itself that the Goods are of the description, quality and character suitable for the purpose for which they are purchased by the Customer or for any other purpose and Stockyard and Fencing Solutions shall not be liable for loss or damage whatsoever in Contract, Tort for negligence, Equity or otherwise and whether direct or indirect and howsoever arising, suffered by the Customer as a result of the Goods not being satisfactory for their intended purpose.
  • Stockyard and Fencing Solutions gives no warranties whatsoever in connection with the Goods other than as may be provided expressly in writing by Stockyard and Fencing Solutions or as otherwise implied by any applicable law.
  • If the Customer validly claims there has been a breach of the conditions or warranties implied under any law of New South Wales (NSW) or the Competition and Consumer Act 2010 (Cth), Stockyard and Fencing Solutions liability will be limited to least of the following:
    • The cost of replacing the Goods;
    • The cost of obtaining equivalent Goods; or
    • The cost of having Goods repaired.
  • Stockyard and Fencing Solutions shall not in any circumstances be liable for any claim, liability, expense or cost arising directly or indirectly from the non-delivery of Goods or delay in the delivery of Goods caused by weather, industrial action, unavailability of raw material for any reason, or from any unexpected cause beyond Stockyard and Fencing Solutions reasonable control directly or indirectly affecting the Goods or the availability of the Goods.
  • Stockyard and Fencing Solutions shall not in any circumstances be liable for any claim, liability, damage, expense, cost or loss including any consequential loss or damage, arising directly or indirectly from the Goods or in connection with the Goods and whether in Contract, Tort for negligence, Equity or otherwise.

Guarantee

Our goods and services come with guarantees that cannot be excluded under Australian Consumer Law. For major failures with the service, you are entitled to:

  • cancel your service contract with us, and
  • refund for the unused portion, or reimbursement for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods.

If a failure with the goods or a service does amount to major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to reimbursement for any other reasonably foreseeable loss or damage from a failure in the goods or service.

Acceptance of the Terms and Conditions

The acceptance of a manifest, invoice (including this invoice) or delivery docket for Goods received, notwithstanding anything that may be stated to the contrary by the Customer, shall constitute acceptance of these Terms and Conditions.

Variations of Terms and Conditions

Stockyard and Fencing Solutions reserves the right to vary the Terms and Conditions without notice. The Terms and Conditions are to be subject to the provision of any relevant legislation, including but not limited to the Competition and Consumer Act 2010 (Cth).

Exclusions

All conversations, representations and statements not embodied in any quotation or invoicing or not confirmed in writing by Stockyard and Fencing Solutions are expressly excluded and shall not be deemed to be part of any quotation, invoice (including this Invoice), order or contract, or to have induced the order or to have any legal effect whatsoever.

Jurisdictions

The Terms and Conditions shall be subject to the laws of New South Wales (NSW) and the Courts of New South Wales (NSW).

Overdue Accounts

Any account which is overdue will attract interest at the rate of interest (however described) equivalent to 14% per annum. Nothing in this clause imposes an obligation on Stockyard and Fencing Solutions to extend the payment term to the Customer for any period at all.
Stockyard and Fencing Solutions may elect (in its absolute discretion) to neither dispatch any product nor accept any further orders from the Customer with Stockyard and Fencing Solutions if the Customer’s account is overdue.
The Customer agrees that any discounts, rebates or other concessions are lost if payment is not made in time. Where the Customer is in breach of any of the terms and conditions, including if the Customer’s account is overdue, the Customer agrees that they are responsible for all of Stockyard and Fencing Solutions’s expenses of any kind, including its legal costs on a solicitor client basis and any commission or other expense incurred by any debt collection agency that Stockyard and Fencing Solutions retain to recover the monies the Customer owes Stockyard and Fencing Solutions. Stockyard and Fencing Solutions may elect (in its absolute discretion) to commence legal proceedings against the Customer for the recovery of any account which is overdue.

Personal Property Securities Law

By obtaining Goods supplied by Stockyard and Fencing Solutions or signing the Application for Commercial Credit, the Customer acknowledges that these terms and conditions and the transactions contemplated by them, constitute a security interest for the purposes of the PPS Law in Stockyard and Fencing Solutions’s goods supplied to the Customer by Stockyard and Fencing Solutions under these terms and conditions (the “Security Interest”).
The Customer must do anything (including amending these terms and conditions or amending, executing or completing any document, obtaining consents and supplying information) that Stockyard and Fencing Solutions considers necessary for the purposes of:

  • Ensuring that the Security Interest is enforceable, perfected or otherwise effective and has the highest priority possible under the PPS Law; and
  • Enabling Stockyard and Fencing Solutions to apply for any registration, give any notification and exercise rights in connection with the Security Interest.

In this clause 11:

  • “PPS Act” means the Personal Property Securities Act 2009 (Cth);
  • “PPS Law” means the PPS Act, and other associated legislation and regulations, as amended from time to time;
  • Terms defined in the PPS Act and used herein having the meaning ascribed to them in that Act.

To the extent that Chapter 4 of the PPS Act applies to the enforcement of the Security Interest, the Customer agrees that sections 95, 96, 121(4), 125, 130, 132(3)(d), 132(4), 135, 142 and 143 of the PPS Act will not apply to such enforcement.
The Customer acknowledges and agrees that until the Customer pays Stockyard and Fencing Solutions in full for the goods, the security interest under these terms and conditions relates to the products and all proceeds of sale in respect of those Goods and the Customer must not allow any third party to acquire a security interest in those Goods.
If the Customer makes a payment to Stockyard and Fencing Solutions at any time Stockyard and Fencing Solutions may, in its absolute discretion, apply that payment to first satisfy obligations that are not secured, then obligations that are secured, but not by a purchase money security interest (“PMSI”), in the order in which those obligations were incurred, and then obligations that are secured by a PMSI in the order in which those obligations were incurred. The Customer agrees:

  • To the maximum extent permitted by law, to waive any right to receive a verification statement or financing change statement in respect of the Security Interest;
  • To indemnify, and on demand reimburse Stockyard and Fencing Solutions for all expenses incurred in registering a financing statement or financing change statement on the Personal Properties Securities Register or releasing any Goods the subject of the Security Interest;
  • Not register a financing change statement without Stockyard and Fencing Solutions’s prior written consent;
  • To give 14 days prior written notice of any proposed change in the Customer’s name, details (including contact details or business practices) and immediately advise Stockyard and Fencing Solutions of any material change in the Customers practices of selling any of the Goods subject to the Security Interest which would result in a change in the nature of the proceeds derived from such sales; and
  • That these terms and conditions constitute a “confidentiality agreement” for the purposes of section 275 of the PPS Act and neither the Customer nor Stockyard and Fencing Solutions disclose any information of the kind mentioned in section 275(1) of the PPS Act, unless required to do so under the PPS Law.

Government Charges

Stockyard and Fencing Solutions’s prices are exclusive of GST and all other applicable taxes, levies, duties and government charges, but if GST or other existing or new tax, levy, duty or government charge is payable, it is to the Customer’s account and must be paid at the same time as the Customer pays for the Goods.

Assignment

The Customer must not assign, novate, transfer, sub-contract, sub-licence or otherwise dispose of any or all of the Customer’s rights or benefits under these terms and conditions, unless the Customer has obtained Stockyard and Fencing Solutions’s prior written consent (which Stockyard and Fencing Solutions may withhold in its absolute discretion). Any assignment, etc by the Customer without Stockyard and Fencing Solutions’s consent shall entitle Stockyard and Fencing Solutions to avoid any liability Stockyard and Fencing Solutions may have to the Customer under these terms and conditions. Stockyard and Fencing Solutions may assign, novate, transfer, sub-contract, sub-licence or otherwise dispose of any or all of its rights and/or obligations under these terms and conditions to any person without the Customer’s consent and, in the case of novation, the Customer and Stockyard and Fencing Solutions and the relevant third party must each execute a novation agreement in a form prescribed by Stockyard and Fencing Solutions.

Force Majeure

The Customer agrees that they must accept delayed delivery and/or cancellation of an order and make no claim against Stockyard and Fencing Solutions for any delay in delivery, cancellation or any damaged product delivered to the Customer or for any breach of these terms and conditions or any other failure by Stockyard and Fencing Solutions arising as a direct or indirect result of events beyond Stockyard and Fencing Solutions’s control, including, natural occurrences, industrial disputes, failure of Stockyard and Fencing Solutions’s equipment or machinery or failure of any of Stockyard and Fencing Solutions’s employees or sub-contractors.

Intellectual Property and Confidentiality

These terms and conditions do not give the Customer any intellectual property rights in Stockyard and Fencing Solutions’s Goods or in any promotional literature, technical documents or other information provided or made available to the Customer.
The Customer’s details and information that is provided to Stockyard and Fencing Solutions may be retained by Stockyard and Fencing Solutions on its database. The Customer has no rights in that database. Stockyard and Fencing Solutions may use such database in the conduct of its business, subject to privacy and other relevant laws.
Stockyard and Fencing Solutions is not liable for any infringement or unauthorised use of any intellectual property rights arising from these terms and conditions. If any dispute or claim is made in respect of any infringement or unauthorised use of intellectual property Stockyard and Fencing Solutions may terminate these terms and conditions by written notice to the Customer and without liability to the Customer or any other person.
The Customer must indemnify and hold Stockyard and Fencing Solutions (and its affiliates, employees and sub-contractors) harmless against all losses, liabilities and costs (including legal expenses) sustained, incurred or suffered by Stockyard and Fencing Solutions (or its affiliates, Stockyard and Fencing Solutions or sub- contractors) as a result of any claim, action or proceeding that the use, possession or receipt by Stockyard and Fencing Solutions (or its affiliates, Stockyard and Fencing Solutions or sub-contractors) of any data, information or materials (in whatever form, including in electronic format) provided or made available by the Customer infringes the intellectual property rights of any third party.
In these terms and conditions, “intellectual property rights” includes the full benefit of any rights in any copyright, trademark, registered design, patent, trade and business names, inventions, know-how, improvements, discoveries, confidential processes and information, and includes artistic works, images, designs, motifs and photographs and any adaptation or concept relating to it.
If the Customer receives any confidential or proprietary information from Stockyard and Fencing Solutions the Customer must not use or disclose such information to any person, unless the Customer has first obtained Stockyard and Fencing Solutions’s prior written consent (which it may withhold in its absolute discretion), such information has entered the public domain (other than through a breach of confidentiality owed by any person) or the use or disclosure of such information is required by law.