Terms and Conditions of Sale for Sheetmetal Solutions AUST Pty Ltd T/A Metal Roofing Supplies (AUST) Pty Ltd:
Terms and Conditions of Sale Order Requirements
All orders must be accompanied by written instructions, including clear and detailed drawings, specified angles, dimensions, colour placements, and all critical measurements. The total number of lengths and their respective sizes must be provided at the time of estimate or issuance of the sales tax invoice.
Basis of Estimate
Estimates and sales tax invoices are prepared solely on the basis of information provided by the purchaser. Any variations to the original specifications must be submitted in writing and will result in a revised estimate or reissued invoice.
Approval and Supply
Upon approval and full payment of the estimate, the seller shall supply the materials as specified. The seller does not provide on-site services and is not a qualified engineer. The purchaser acknowledges that the estimate and supply are based entirely on the purchaser’s specifications, including drawings, dimensions, angles, lengths, materials, and colour selections. Liability Disclaimer
The seller shall not be held liable for any inaccuracies in dimensions, angles, lengths, or colour placements resulting from incomplete or incorrect information provided by the purchaser. Responsibility for the accuracy of all specifications rests solely with the purchaser. All amendments must be submitted in writing.
Returns and Refunds
Only undamaged shelf stock items may be returned within seven (7) days of purchase. Refunds for such items will be issued less any applicable credit card merchant fees, administration, procurement and restocking fees. Custom-manufactured or specially procured items are non-refundable and cannot be returned due to change of mind.
Amendments to Terms
These Terms and Conditions of Sale are subject to amendment in accordance with applicable legislation, including but not limited to the Goods and Services Act and the Consumer Guarantees Act.
Dispute Resolution
In the event of any dispute arising out of or in connection with these Terms and Conditions, the parties shall first attempt to resolve the matter amicably through good faith negotiations. Dispute Escalation Process If a dispute cannot be resolved through initial negotiations within fourteen (14) days, the matter shall be escalated as follows:
Stage 1: Referral to senior management of both parties for review and resolution within a further fourteen (14) days.
Stage 2: If unresolved, referral to mediation administered by a mutually agreed mediator.
Stage 3: If mediation fails, the dispute shall be submitted to binding arbitration in accordance with the rules of the Australian Centre for International Commercial Arbitration (ACICA), or another agreed arbitration body. The decision of the arbitrator shall be final and binding. Each party shall bear its own costs of mediation and arbitration unless otherwise determined by the arbitrator.
Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Queensland, Australia. The parties submit to the exclusive jurisdiction of the courts of Queensland for any legal proceedings arising out of or relating to these Terms and Conditions.
Entire Agreement
These Terms and Conditions constitute the entire agreement between the seller and the purchaser with respect to the subject matter herein and supersede all prior discussions, representations, warranties, and agreements, whether written or oral. No other terms, conditions, or representations shall be binding unless expressly agreed to in writing by both parties. Force Majeure
The seller shall not be liable for any failure or delay in performance of its obligations under these Terms and Conditions where such failure or delay is caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labour disputes, government actions, pandemics, supply chain disruptions, or failure of suppliers or subcontractors. In such cases, the seller shall be entitled to a reasonable extension of time to perform its obligations.
Waiver of Liability
To the fullest extent permitted by law, the purchaser hereby waives any and all claims against the seller for any loss, damage, or injury arising out of or in connection with the use, installation, or handling of the materials supplied, except where such loss, damage, or injury is caused by the seller’s gross negligence or wilful misconduct. The purchaser assumes full responsibility for ensuring that the materials are suitable for their intended use and comply with all applicable regulations and standards.
Indemnity
The purchaser agrees to indemnify, defend, and hold harmless the seller, its officers, employees, agents, and subcontractors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with: any breach of these Terms and Conditions by the purchaser; any negligent act or omission by the purchaser; the use, handling, or installation of the materials supplied; any third-party claims arising from the purchaser’s actions or failure to act in accordance with applicable laws or regulations.
Assignment
The purchaser shall not assign, transfer, or otherwise dispose of any of its rights or obligations under these Terms and Conditions without the prior written consent of the seller. Any attempted assignment without such consent shall be null and void. The seller may assign or transfer its rights and obligations under these Terms and Conditions without restriction, provided such assignment does not materially affect the purchaser’s rights. Confidentiality
Both parties agree to treat all non-public, proprietary, or confidential information exchanged in connection with these Terms and Conditions as strictly confidential. Such information shall not be disclosed to any third party without the prior written consent of the disclosing party, except where required by law or regulatory authority. This obligation shall survive the termination or completion of any transaction governed by these Terms and Conditions.
Waiver of Class Actions
To the fullest extent permitted by law, each party waives any right to bring or participate in any class action or collective proceeding against the other party arising out of or relating to these Terms and Conditions. All claims must be brought individually and not as a plaintiff or class member in any purported class, collective, or representative action.
Governing Language
These Terms and Conditions are drafted in English. In the event of any translation of these Terms and Conditions into another language, the English version shall prevail and be binding in all respects.
Severability
If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of the Terms and Conditions, which shall remain in full force and effect. The parties shall negotiate in good faith to replace any invalid or unenforceable provision with a valid and enforceable provision that most closely reflects the original intent.
