Terms and Conditions
South West Patios
Terms and Conditions of Trade
1. Acceptance of Terms
Orders placed with South West Patios (“we”, “us”) are subject to acceptance. By placing an order, you (“you”, “the customer”) acknowledge that you have read, understood, and agree to these Terms and Conditions of Trade.
2. Definitions
“Us” refers to South West Patios, including its successors, assigns, and directors.
“You” refers to the customer, including each of you separately and jointly, as well as your executors, administrators, assigns, and guarantors.
3. Orders and Cancellations
Orders are accepted on the understanding that they are not subject to cancellation unless agreed in writing by us. Any variation of orders must be mutually agreed in writing.
4. Pricing, Payment, and GST
All prices are ex-works and subject to fluctuation without notice.
You must pay the price of goods and any applicable costs for freight, handling, and other extras listed on the invoice.
If GST or similar taxes apply, you must pay the additional amount in accordance with the prevailing rate.
Payment is due 7 days from invoice date unless otherwise agreed in writing.
You cannot withhold or set off any payment due to a dispute over any item.
5. Late Payment and Interest
Overdue amounts will incur interest at the current Standard Default Contract Rate, as published by the Law Society of Western Australia.
We reserve the right to suspend or cease supply of goods on credit without giving reason.
6. Default Events
Payment becomes immediately due if:
You, as an individual, commit an act of bankruptcy.
You, as a corporation, are subject to a winding-up application or have a liquidator, administrator, or controller appointed.
7. Credit Facilities
Credit facilities are non-transferable without prior written consent.
Ownership of goods remains with us until payment in full (cheque clearance applies if paid by cheque).
You hold goods as bailee and fiduciary agent until full payment.
If goods are resold or incorporated into other goods, the proceeds are held in trust for us.
8. Recovery of Goods
If payment is overdue, you authorize us, by employees or agents, to enter your premises to recover goods.
Costs of recovery and any loss or damage to recovered goods are recoverable as a debt.
9. Costs and Indemnity
You must pay all costs, charges, and expenses, including legal costs on an indemnity basis, incurred due to your failure to pay.
You agree to charge all real and personal property for amounts owed and authorize us to lodge caveats or PPSA registrations if required.
10. PPSA Security Interest
By signing a credit application, you acknowledge the creation of a Purchase Money Security Interest under the Personal Property Securities Act 2009 (Cth) in all supplied goods.
We may register this security interest and you waive the right to a verification statement under Section 157 of the Act.
11. Privacy and Credit Reporting
We may disclose information about you and associated parties to credit reporting agencies in accordance with the Privacy Act 1988 (Cth).
You authorize us to:
Request credit information for assessing your application or managing accounts.
Exchange information with credit agencies and collection agents.
Use and disclose your personal information consistent with our Privacy Policy.
12. Warranty and Maintenance
Patios within 5 km of the coastline carry no rust warranty; use of Meta-prep undercoat is recommended.
Patios over pools or spas carry no warranty; Meta-prep E-Prime and pool covers are recommended.
We use BlueScope steel where possible.
Recommended cleaning: underside of patio three times per year. Cleaning services are available for a nominal fee.
13. Compliance with Australian Consumer Law
These Terms do not affect your rights under the Australian Consumer Law (ACL).
Consumer guarantees (including that goods are of acceptable quality, fit for purpose, and match description) cannot be excluded where applicable.
Any limitation of liability will not apply to consumer transactions.
14. Governing Law
These Terms are governed by the laws of Western Australia, and you agree to submit to the jurisdiction of Western Australian courts.