Terms and Conditions

Orders placed with South West Patios and Outdoors are subject to acceptance and will be taken to imply that you acknowledge, understand and accept the following terms and conditions of trade:-

The term “us” herein is defined to mean South West Patios and Outdoors and the successors, assigns and directors of the company.

The term “you” used herein is defined to mean the customer of South West Patios and Outdoors who has applied to South West Patios and Outdoors for the credit account.  If there is more than one, “you” means each of you separately, as well as jointly.  “You” includes your executors, administrators, assigns and guarantor/s.

Orders for goods received by South West Patios and Outdoors are accepted with the understanding that they are not subject to cancellation.

You must pay South West Patios and Outdoors without set-off or deduction, the price of the goods and costs and charges for freight and handling, and any other extras and allowances as determined by South West Patios and Outdoors in its sole discretion, and listed on the company’s or companies’ corresponding tax invoice provided to you.  All orders are subject to fluctuation without notice and all orders accepted at prices ruling at date of dispatch ex-works, unless otherwise arranged. If a goods and services tax or any similar tax (“GST”) is imposed in Australia and has application to any supply made under this contract, South West Patios and Outdoors receiving orders from you may, in addition to any amounts payable in accordance with this contract, recover from you an additional amount on behalf of GST, such amount to be calculated by multiplying the amount payable by you for that supply by the prevailing GST rate. 

South West Patios and Outdoors that supplies the goods ordered will issue an invoice to you upon delivery of the goods and payment will be due 7 days from date of issuing invoice. Statements will be issued. You acknowledge that you are not entitled to avoid or suspend payment of the total invoice because of a dispute regarding any one item in that invoice or any other invoice and agree to pay such amount as is not in dispatch strictly in accordance with the terms of trade. 

All goods supplied by South West Patios and Outdoors must be paid in full by the date stated in our invoice and if not paid in full by that will attract interest at the Standard Default Contract Rate as published from time to time by the West Australian Law Society. 

South West Patios and Outdoors reserve the right, at all times, to suspend or cease the supply of further goods on credit to you without giving a reason. 

Payment for the goods shall become due 7 days invoicing in which the invoice is dated or immediately upon:- 

If you are an individual, your committing an act of bankruptcy; and

If you are a corporation, your being the subject of a winding up application or having a liquidator, administrator or other controller appointed.

Credit facilities granted on the basis of information provided in this application are not transferable without the prior written approval of South West Patios and Outdoors.

The legal ownership of all goods ordered is retained by the South West Patios and Outdoors that supplies the goods until payment (if by cheque, when such cheque is cleared) is made in full for all goods supplied by South West Patios and Outdoors. Until that time, the goods will be held by you as the fiduciary agent and bailee of South West Patios and Outdoors.

If the goods are sold by you prior to payment by you of the goods and if they become constituents of other goods, the proceeds of sale thereof shall be the property of South West Patios and Outdoors supplying the goods and shall be held by you in trust as the fiduciary agent of that company.

In the event of payment becoming overdue or your being otherwise in default of these terms and conditions, you irrevocably authorise South West Patios and Outdoors supplying the goods, by its employees or agents to enter into your premises for the purpose of recovering possession of the goods and South West Patios and Outdoors may thereafter re-sell same and retain the proceeds of such sale as its own.

These terms and conditions and any sale of goods thereunder shall be governed by the laws of the state of Western Australia. You agree to pay the costs of South West Patios and Outdoors supplying the goods for any removal of the goods and such costs are recoverable by South West Patios and Outdoors from you as a debt due by you. In the event that the goods recovered have been damaged or have sustained loss in value, you shall compensate South West Patios and Outdoors for such damage and loss and such amount is recoverable from you by that company as a debt due by you.

You will pay South West Patios and Outdoors supplying goods to you all costs, charges and expenses incurred by that company due to your failure to pay any tax invoice issued to you by South West Patios and Outdoors, including the company’s legal costs, on an indemnity basis.

You hereby, jointly and severally, charge all real property owned by you and all of your personal present and after acquired property in respect of any money that may be owing by you to South West Patios and Outdoors under this agreement and you hereby appoint South West Patios and Outdoors that are owed money by you and its solicitors as your attorneys to execute any consent form for the sole purpose of registering a charge or caveat over the title to any real property owned by you and secured by South West Patios and Outdoors under this clause from time to time.

You acknowledge by signing this credit application that a “Purchase Money Security Interest” is created for the purposes of the Personal Properties Securities Act 2009 (“the Act”) in all products supplied to you South West Patios and Outdoors under this Credit Application. You further agree that South West Patios and Outdoors may, in its sole discretion, register its Security Interest on the Personal Properties Security Register and you hereby waive the requirement of being given a verification statement pursuant to Section 57 of the Act.

Privacy Information Authority 

South West Patios and Outdoors may need to disclose to a credit reporting agency information about you and your employees, agents and representatives when assessing this application for credit and in managing your account.  You warrant that all parties whose information appears on this Credit Application, the Guarantee and Indemnity consent to and authorise South West Patios and Outdoors to:

request a credit report containing information about the party’s consumer or commercial credit arrangements from your referees, your accountant, your advisor, any business you deal with and/or a credit reporting agency (collectively “credit agency”) for the purposes of assessing this Credit Application or in connection with the Guarantee and Indemnity and you also authorise the credit agency to provide South West Patios and Outdoors with the information requested;

give a credit agency information to allow the credit agency to create and maintain a credit information file containing information about the relevant party;

notify and exchange information with other credit agencies and any collection agent of South West Patios and Outdoors; 

use any information provided in this Credit Application or provided to South West Patios and Outdoors throughout the currency of any agreement with us for any lawful means necessary, including but not limited to exchanging such information with other credit agencies if you or another party is in default or for the purposes of registering a Security Interest on the PPS Register; and

otherwise hold, use and disclose your personal information in accordance with South West Patios and Outdoors Privacy Policy. With Patios installed Within 5 Km from coastline carry no rust warranty however we suggest having a Meta-prep undercoat witch gives you added protection .Any Patios that go over a pool or spa has no warranty suggest Meta-prep e prime as well as using a pool cover that will prevent chlorine causing rust. We only use Bluescope steel where possible and highly recommend that u clean underside of patio three times a year ,should you require cleaning we can provide you with the service for a nominal charge.