Terms & Conditions

SPALDAJ PTY LTD T/AS TOOWOOMBA CONCRETE BLOCKS - TERMS & CONDITIONS

1.   GENERAL
(i)  All contracts and engagement for the supply of goods and/or services between Spaldaj Pty Ltd T/AS Toowoomba Concrete Blocks (“the Company”) and yourself (“the Customer”) are subject to the following terms and conditions (“the contract”) which shall apply to the exclusion of any terms or conditions whatsoever whether express, implied by law or otherwise including but not limited to the terms of specification in whole or in part.  You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the contract.  Nothing in this condition shall exclude or limit the Company’s liability for fraudulent misrepresentation.
(ii)   No amendment or variation of any of these terms and conditions shall be valid unless expressly agreed in writing by a duly authorised representative of the Company.
(iii)   Any advice or recommendation given by the Company or its employees or agents to the Customer or its employees or agents as to the storage, application or use of the goods which is not confirmed in writing by the Company is followed or acted upon entirely at the Customer’s own risk, and accordingly the Company shall not be liable for any such advice or recommendation which is not confirmed.

1.1 DEFINITIONS

“Toowoomba Concrete Blocks” shall mean Spaldaj Pty Ltd, or any agents, contractors and employees hereof.

 “Client” shall mean the client, any person acting on behalf of & with the authority of the client, or any person purchasing products & services from Toowoomba Concrete Blocks.

“As Agreed,” shall mean an agreement between “Toowoomba Concrete Blocks” and the Client.

“Guarantor” means that person (or persons), or entity, who agrees to be liable for the debts of the Client on a principal debtor basis.

“Goods” shall mean Goods supplied by the Contractor to the Client (and where the context so permits shall include any supply of Services as hereinafter defined) and are as described on the invoices, quotation, work authorisation or any other forms as provided by the Contractor to the Client.

“Services” shall mean all Services supplied by the Contractor to the Client and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).

“Price” shall mean the price payable for the Goods as agreed between the Contractor and the Client in accordance with clause 4 of this contract.

2. QUOTATION
(i) All quotations must be accepted or declined online, via the email issued to you by Toowoomba Concrete Blocks. No verbal acceptance or decline will be accepted.

(ii)   Each order or acceptance of a quotation for goods and/or services by you from the Company shall be deemed to be an offer by you to purchase goods and/or services subject to these terms and conditions.
(iii)   No quotation shall constitute an offer or tender but shall be deemed to be an invitation to treat.
(iv)   Any quotation is given on the basis that no contract shall come into existence until the Company despatches an acknowledgement of order to you.  Subject to clause 4 (ii) any quotation is valid for a period of 7 days only from its date, provided that the Company has not previously withdrawn it.
(v) You shall ensure that the terms of its order and any applicable specification are complete and accurate.

(vi) All orders are subject to stock availability; accepted quotes do not guarantee stock available at time and may require to be manufactured after approval of the client’s quote. The client shall notify the company of product requirement deadlines, and ensure these are made aware to the company, to allow the company to accommodate the client’s needs to the best of their ability. 

3. CONTRACT
(i) Your written confirmation order is required prior to the date of delivery, or this acknowledgement is deemed to be correct.  A contract for the supply of goods or services is constituted by the despatch by the Company of its written acknowledgment of order, and the date of the contract shall be the date of the said written acknowledgement order. 

(ii) By engaging the supply or service of the Company, you enter in to said contract of these Terms & Conditions, between you the customer, and the Company, Toowoomba Concrete Blocks.

4. PRICES
(i) Unless otherwise specified in the quotation, all prices quoted are exclusive of value added tax, excise duties and import duties where applicable, and all costs or charges in relation to unloading and insurance, all of which the Customer shall pay in addition when it is due to pay for the goods or services.
(ii)   Notwithstanding clause 2
(iii) the Company reserves the right in its absolute and unfettered discretion to vary the price from that quoted in the event of any variation in the cost of materials, labour, services, interest rates, transport and statutory charges between the date of contract and the date of despatch.

5. TECHNICAL DRAWINGS ETC.
(i) All technical drawings, catalogues or manuals produced by the Company and submitted to the Customer in connection with the supply of goods or services between the company and the Customer, either prior to the formation of a contract or to the goods being delivered to the Customer shall (without prejudice to the provisions of Clause 16) be strictly adhered to by the Customer.
(ii)   All quotations, drawings or technical documents submitted to the Customer prior to or subsequent to the formation of a contract remain the exclusive property of the Company and are returnable to the Company on request.  They may not be used by the Customer or copied, reproduced, transmitted in any form or any means including photocopying or communicated to a third party except with the prior written consent of the Company given by a duly authorised representative of the Company.

6. PAYMENT
(i) Unless otherwise agreed in writing between a duly authorised representative of the Company and the Customer, payment for any goods shall be made by the Customer to the Company in Australian Dollars upon receipt of goods, in which an invoice is delivered or deemed to be delivered.

Time for payment shall be of the essence.
No payment shall be deemed to have been received until the Company has received cleared funds.
All payments payable to the Company under the contract shall become due immediately on its termination despite any other provision.
The Customer shall due under the contract in full without any deduction whether by way of set-off, make all payments counterclaim, discount, abatement or otherwise unless the Customer has a valid court order requiring an amount equal to such deduction to be paid by the Company to the Customer.

(ii) Deposit Payments:

The client as agreed will make a deposit payment before any orders for product or works are carried out. The deposit paid by the client is not refundable.

(iii) Cash Payments:

The client as agreed will pay in full for completed works.

Progress Payments:

The client will make progress payments as agreed. Failure to do so will cancel all further works until such time, progress payments are paid. The client as agreed to pay the full invoice amount on the completion of works.

(iv) Credit Card Payments:

The client as agreed shall give permission to Toowoomba Concrete Blocks to carry out transactions over the phone using clients credit card details for the value of the invoice amount or as per payment arrangement i.e., deposit or progress payments.

A credit card transaction fee of 1.5% applies to all credit card payments.

(v) Direct Debit:

The client as agreed shall make payments as per payment arrangement.

(vi) Cheques:

The client as agreed shall give permission to Toowoomba Concrete Blocks to carry out transactions upon receival of the client’s cheque payment, using the details provided on the cheque by the client, for the value of the invoice amount or as per payment arrangement i.e., deposit or progress payments. Toowoomba Concrete Blocks will not be responsible for any incorrect details provided on the cheque provided by the client.

(vii) Invoice/s:

All quoted works are subject to variations as required & are at the discretion of Toowoomba Concrete Blocks in order to carry out & complete works to Australian & Safety Standards. All variations will incur further fees & charges in addition to the original quoted amount.

(viii) Payment Terms:

All client orders will be issued a deposit upon confirmation of order, being 50% of the total amount, and issued the remaining 50% balance of the Tax Invoice, payable on collection. All deposits non-refundable.

All Tax Invoices are C.O.D (Cash on Demand), meaning payment upon invoicing, unless otherwise stated on the Due Date of all Tax Invoices issued by the company.

(ix) Unpaid Invoices:
The Company reserves the right to charge the late payment penalty at a fixed percentage rate set out as below effective 30 days after invoice date:

- 10% of total invoice amount 30 - 60 days.

- 15% of total invoice amount 60 - 90 days.

- 20% of total invoice amount 90 + days.

Should the client fail to make payment to Toowoomba Concrete Blocks for goods received or services completed, Toowoomba Concrete Blocks will pass on the client’s owing debt to a collection agency. The client will be charged all collection fees which Toowoomba Concrete Blocks have paid to the collection agency in the due course of obtaining the debt from the client.

(x) Toowoomba Concrete Blocks & charges are subject to change without notification to the client.

(xi) Although the Toowoomba Concrete Blocks has taken reasonable precautions to ensure no viruses are present in email correspondence, Toowoomba Concrete Blocks cannot accept responsibility for any loss or damage arising from the use of any emails or attachments. Should the client be making a payment in response to a Tax invoice issued to the client by Toowoomba Concrete Blocks, it is the responsibility of the client to contact Toowoomba Concrete Blocks to confirm the bank details provided are correct, prior to the client’s payment.

7. DELIVERY
(i) Although the Company will endeavour to meet any date or time quoted or given for delivery of the goods, such date or time is an approximate estimate only.  In respect of delivery time it shall not be of the essence.
(ii)   Subject to the other provisions of these conditions, the Company shall not be liable for any direct, indirect or consequential lost (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss) costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the goods (even if caused by the Company’s negligence), nor shall any delay entitle the Customer to terminate or rescind the contract unless such delay exceeds 180 days.
(iii)   The Company reserves the right to despatch and invoice any part of an order when available.
(iv)  Where the goods are to be delivered by instalments each delivery shall constitute a separate contract and any failure by the Company to delivery or any claim by the Customer in respect of any one or more instalments shall not entitle the Customer to treat the contract as a whole as repudiated.
(v)   The Customer shall provide at its expense adequate and appropriate equipment and manual labour for unloading the goods.
(vi)  Upon receipt of the goods the Customer, their employee or agent shall sign a delivery note provided by the Company.  Such delivery note shall be confirmation by the Customer to the Company that the goods have been visually inspected and found to be satisfactory.

(vii) If the Client fails to sign the delivery note, acceptance and unloading of the goods shall be confirmation by the Customer to the Company that the goods have been visually inspected and found to be satisfactory.

(viii) If the Client is not on-site at the time of delivery or directs the Company to deliver to an unattended address, the Client acknowledges the delivery is accepted subject to the above clause (7 vii).

(ix) All delivery for Toowoomba Concrete Blocks is outsourced to additional contractors, all dealings with these Companies are subject to their own Terms & Conditions, in addition to Toowoomba Concrete Block’s Terms & Conditions.

(x) All goods delivered to footpath. All other deliveries at the Customer’s risk.

8. WAITING TIME
(i) When the Company delivers goods to the Customer, the Customer shall unload the goods within a period of one hour from the arrival of the goods at the Customer’s site or place of business. In the event of the Customer failing to do this, the Customer shall pay any additional costs incurred by the Company.

(ii) Any delays incurred or affecting the company or its directed contractors for delivery, may result additional in costs. This includes but is not limited to; gaining access to property, incorrect delivery address provided, unloading blocks, placing blocks in desired locations, awaiting trades, awaiting property owners, and any additional delays experienced by contracted freight companies.

9.   DAMAGE OR LOSS IN TRANSIT
(i) The quantity of any consignment of goods as recorded by the Company upon despatch from the Company’s place of business shall be conclusive evidence of the quantity received by the Customer on delivery unless the Customer can provide conclusive evidence proving the contrary. It is the purchaser’s responsibility to be present upon delivery.
(ii)   The Company shall not be liable in respect of any loss or damage whatsoever arising in transit or from non-delivery of goods howsoever caused unless notice in writing of the same is given to the Company within the period specified in the contract of carriage between the Company and any carrier or within one working day of the date when the goods were received or would in the ordinary course of events have been received.
(iii)   Any liability of the Company for non-delivery of the goods shall be limited either (at the Company’s sole discretion) to replacing the goods within a reasonable time or issuing a credit note at the pro rata contract rate against any invoice raised for such goods, or payment to the Customer of any sums received pursuant to any contract of insurance provided by the carrier.

10.   STORAGE
(i) If the Customer fails to take delivery of the goods within 7 days of the date of notification that the goods are ready for collection or the Company is unable to deliver the goods on time because the Customer has not provided appropriate instructions, documents, licences or authorisations, if forwarding instructions are not received within 7 days after the date of notification that the goods are ready for despatch, the Customer shall arrange for storage.  If the Company agrees to store the goods then
(a)   risk in the goods shall pass to the Customer (including for loss or damage caused by the Company’s negligence);
(b)   the goods shall be deemed to have been delivered; and
(c)   the Company may store the goods until delivery, whereupon the Customer shall be liable for all related costs and expenses (including, without limitation, storage and insurance).

11.   RISK
Unless otherwise agreed in writing the moment when the risk in the good shall pass shall be determined as follows:-
(i) On a “sale delivered” the risk shall pass from the Company to the Customer when the goods are despatched by the Company.
(ii)   On a sale “ex- works” the risk shall pass from the Company to the Customer when the goods have been placed at the disposal of the Customer; and
(iii)   Where the Company has quoted for any installation and/or fabrication of the goods the onsite risk in the goods shall pass from the Company to the Customer on delivery of the goods to site.

(iv) Viewing of product by appointment only. Persons to remain in vehicle. The company shall not be liable for any injury or loss occurred to the client/person and or their property. Entry to any area is at the client/person’s own risk.

(v) If the client requests to individually arrange collection of the product themselves or by any third party, this will be at their own risk. The company shall not be held liable for any injury or loss occurred to the client/person and or their property; and any weight allowances of trailers or vehicles are the responsibility of the client only, including when the product is loaded by the company. The client shall ensure all weights, and safe loading practices are in accordance with the Australian Law are met. The company will not be responsible for any overweight loads, unrestrained loads, loss of product, or any consequences as a result of the client’s request to collect the product themselves, or via third party.

(vi) The client acknowledges the weight of the company’s products are approximate weights only. The company will not be held responsible for any loss or damage incurred because of the weight of the product, including during loading, unloading and after sale, as well as any machinery/transport apparatus breakdown. The client is responsible for confirming exact weights.

12.   TITLE
(i) Notwithstanding delivery and passing of the risk in the goods supplied by the Company to the Customer pursuant to clause 12 hereof the property and title in the goods shall not pass to the Customer and shall remain with the Company until the Company shall have received in cash or cleared funds payment in full of the price of the goods and all other goods agreed to be sold by the Company to the Customer for which payment is then due.
(ii)   Until the property and title in the goods passes to the Customer pursuant to the provisions of sub-paragraph (i) hereof the Customer shall keep the goods as bailee of the Company and in this connection shall set aside the goods separately from other goods in the Customer’s possession and ensure that the goods are carefully stored and remain identified as the property of the Company.
(iii)   If at any time before the property and title in the goods passes to the Customer pursuant to the provisions of this clause 13, the Customer sells the goods or any part thereof he shall do so as bailee and shall account to the Company as agent of the Company for the proceeds of sale thereof.
(iv)  The Company shall be at liberty at any time before the property and title in the goods passes to the Customer pursuant to the provisions of sub-paragraph (ii)hereof to require the goods to be returned to it and if the requirement is not immediately complied with by the Customer the Company may re-take possession thereof and may enter any premises or sites of the Customer or any other premises or sites where the goods may be for such purpose.  Such return or repossession shall be without prejudice to the rights of the Company to recover all sums owing by the Customer to the Company and to the Company’s rights to claim damages against the Customer for the breach of any obligations on the part of the Customer arising under the contract.  Any expenses incurred in such return and re-possession of the goods or any damage caused to any land and/or site by the Company in exercise of its powers hereunder shall be borne by the Customer.
(v)   Until ownership of goods passes to the Customer the Company or any person nominated by it shall be entitled to enter on to the Customer’s site from time to time for the purpose of:-
(a)   Ensuring that the Customer has complied with the provisions of sub-paragraph (ii) hereof; and
(b)   Inspecting all books, accounts, records, documents and papers of the Customer for the purpose of determining sums due to the Company by virtue of the provisions of sub-paragraph (iii) hereof.

13.   TRADEMARKS, WARRANTIES AND COLOUR
(i) The Company shall be entitled to write or affix its imprint on the materials in the usual manner.  Where the Company’s patents, registered trademarks or copyright features are included in the design an imprint to that effect may be affixed.
(ii)   Save as expressly incorporated into the Contract by a quotation or by a tender, no specification, illustration, drawing, brochure, catalogue or other information sent or made available by the Company to the Customer or any term or representation made by any servant or agent of the Company shall have any contractual effect.
(iii)   No guarantee or warranty is given that these goods are designed or suitable for the purpose of which they may be intended.
(iv)  Samples are only submitted as indicative of the product quoted for without any guarantee as to the colour or quality of the bulk.  All quotations are made on the basis that sales are by description and not by sample, unless otherwise agreed specifically by the Company in writing.
(v)   Materials are supplied subject to natural formation characteristics, colour and marking variations. No product will be the same.

14.   QUALITY
(i) The Company warrants that upon sale, prior to leaving the business premises the goods shall be of satisfactory workmanship and materials and goods of their respective kind generally in accordance with the relevant Australian Standard.
(ii)   The Company will not be liable for any damage caused to the goods during transit, unloading, or installation of the goods.

(iii) Products sold as ‘Seconds’, are below top tier blocks, which may be discoloured, scratched, chipped, double-poured, or have off-centre lugs. No returns, refunds or further discounts. Price is based on quality.

15.   CANCELLATION
(i) Orders placed by the Customer cannot be cancelled in whole or in part except with the Company’s consent in writing and on the terms that the Customer shall pay for the goods in full unless the Company agrees otherwise in which event the Customer shall be liable for all costs, expenses and losses of any kind suffered or incurred by the Company resulting directly or indirectly from such cancellation.
(ii)   Where the Company agrees to goods being returned following a cancellation it shall be the responsibility of the Customer, at its own expense, to return all such goods at such time as may be agreed to the Company’s works or such other place as the Company may specify in good condition.  If the goods are not so returned the Customer shall be liable for the full cost thereof.  Risk in any goods returned shall not revert to the Company until a receipt of the cancelled goods is signed by a duly authorised representative of the Company.

16.   SUSPENSION
In the event of the performance of any obligation accepted by the Company being prevented, delayed or in any way interfered with for any cause and/or reason whatsoever beyond the control of the Company including but not limited to:
(i) Rules, regulations, requisitions or orders of the Government, Local Authority or any other Statutory Authority, war, riot, civil disturbance, strike, industrial action short of a strike, lockout, accident, breakdown, fire or by any other cause beyond its control.
(ii)   Shortage of labour or materials or non-delivery by the Company’s suppliers or damage to or destruction of the whole or part of the goods.
(iii)   Any failure by the Customer to comply with any of the terms and conditions hereof.
(iv)  Any request or instruction by any third party, his servant or agent with whom the Customer is in contract with for the installation and testing of the goods; or
(v)   Any request or instruction of the Customer, his servants or agents.
The Company may at its option suspend performance or cancel its obligations under the contract without liability for any damage or loss of any kind whatsoever resulting therefrom such suspension or cancellation being without prejudice to the Company’s rights to recover all sums owing to it in respect of goods delivered at the date thereof including but not limited to loss of profit and interest.

17.   DEFAULT OF CUSTOMER
Should default be made by the Customer in complying with the contract, the Company at its option shall be entitled to suspend delivery until the default is made good or treat such default as a repudiation of the contract in which case the Customer shall (without prejudice to any right which the Company may have for the return of any goods or the payment of any compensation or damages by the Customer) pay the Company’s reasonable charges for any costs or expenses incurred by the Company in the performance of the contract.

18. CLIENTS DISCLAIMER

The client hereby disclaims any right to rescind, or cancel the contract or to sue for damages or to claim restitution arising out of any misrepresentation made to him/her by any servant or agent of Toowoomba Concrete Blocks & the Client acknowledges that he/she buys the services of Toowoomba Concrete Blocks relying solely upon his/her own skill & judgment & that Toowoomba Concrete Blocks shall not be bound by nor responsible for any term, condition, representation or warranty other than the warranty given by the Manufacturer which warranty shall be personal to the Client & shall not be transferable to any subsequent Client.

19. DISPUTE RESOLUTION

If a dispute arises between the parties to this contract, then either party shall send to the other party a notice of dispute in writing adequately identifying & providing details of the dispute. Within seven (7) days after service of a notice of dispute, the parties shall confer at least once, to attempt to resolve the dispute.

At any such conference each party shall be represented by a person having authority to agree to a resolution of the dispute. In the event that the dispute cannot be so resolved either party may by further notice in writing delivered or sent by certified mail to the other party refer such dispute to arbitration.

Any arbitration shall be:

Referred to the Consumer Trader & Tenancy Tribunal (CTTT).

20. COMPLIANCE WITH LAWS

The Client & the Contractor shall comply with the provisions of all statutes, regulations & bylaws of government, local & other public authorities that may be applicable to the works.

The Client shall obtain (at the expense of the Client) all licenses & approvals that may be required for the works (councils or other governing agents).

The Client agrees that the site will comply with any occupational health & safety laws relating to building/construction sites & any other relevant safety standards or legislation.

21. GENERAL

The Terms & Conditions provided within this document are accessible on the Toowoomba Concrete Blocks website and can be obtained via electronic or hard copy when requested from Toowoomba Concrete Blocks.

The client is to only to attend the property of 595 South Street, Glenvale QLD 4350, by approved appointment only.

The client is responsible for their own safety on the private property, and the Company, or any other involved parties will not be held liable for any loss, damage, injury or incident.

Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lockout, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.

Toowoomba Concrete Blocks shall not be held liable for any such delays for work not being completed due to weather conditions, shortage of labour hire, machinery or materials outside the direct control of Toowoomba Concrete Blocks.

By engaging in quotation and sales with the Company, they acknowledge and agree with these Terms & Conditions. In any instance of quotation or sale made between the Company and the Client, these Terms & Conditions will be applicable.

In the event of any breach of this contract by Toowoomba Concrete Blocks the remedies of the Client shall be limited to damages. Under no circumstances shall the liability of Toowoomba Concrete Blocks exceed the Price of the Goods.

Toowoomba Concrete Blocks reserves the right to review & make changes to these terms & conditions at any time.