TRADING TERMS

/ trading terms

Trading Terms and Conditions

The following terms and conditions of sale (“Terms“) will apply to and form part of any contract (“Contract“) for the supply of goods (“Goods“) and services (“Services“) by CBMA to a customer (“Customer“), whether or not there is an active Trade Account Application (“Credit Form“).

The following definitions apply in these Terms: “CBMA” means Compliant Building Materials Australasia Pty Ltd (ABN: 27 633 942 300 )

In trading with CBMA the customer accepts the terms and conditions as follows.

 

  1. TRADING TERMS -Trade Accounts
    1. All trading accounts are strictly 30 days End of Month trading accounts or as stated in writing by CBMA.
    2. Any trading accounts that fall outside of the trading terms will be placed on stop supply until the account is back within the trading terms.
    3. CBMA at its discretion reserves the right to:
      1. Refuse the applicant credit facilities
      2. To withdraw credit facilities without prior notice to the applicant
    4. Supply will be stopped at CBMA’s discretion if payment has not been received or until satisfactory arrangements have been made.
    5. CBMA reserves the right to withhold supply where a trade account exceeds the allowable credit limit until satisfactory arrangements have been made.
    6. Payment is not deemed to have been made until any or all bank deposits are cleared by the bank on which they are drawn. Payment notifications are not recognised as cleared funds.
  2. TRADING TERMS – CASH SALES
    1. All stock must be paid in full before being picked up or delivered to the client.
    2. Where bank transfer or request for invoice is required, CBMA will supply a Pro Forma invoice until payment is cleared, in which the client will then receive an invoice on clearance.
    3. CBMA accepts payments in form of EFTPOS, Credit Card or Bank Transfer. CBMA do not accept cash payments, cheques, Cryptocurrency or other payments outside the mentioned above.
    4. Payment is not deemed too been made until any or all bank deposits are cleared by the bank on which they are drawn. Payment notifications are not recognised as cleared funds.
    5. CBMA do not allocate delivery dates or pick any orders until payment is made in full and cleared by the bank on which they are drawn.
  3. PURCHASE ORDERS
    1. All purchase orders sent to CBMA from the customer may only be valid if:
    2. the purchase order is received and called up no more than 6 months from its purchase order date or receipt date – whichever date is earlier – subject to clause 3.3
    3. the purchase order is received prior to a price increase date, it must be called up no more than 2 months after the price increase date
    4. CBMA expressly rejects any conditional purchase order placed by the Customer.
    5. CBMA do not accept any charge backs, or other penalties from customers for any delays in supply.
    6. Purchase orders are not a confirmation of stock allocation.
  4. QUOTATIONS
    1. No quotes are accepted by CBMA that are not on an official quote document from CBMA and outside of the quote expiry date.
    2. Prices are ex-warehouse and are subject to Goods and Services Tax (GST).
    3. Prices given in any quotation by CBMA are valid for a period of 30 days from the date of issue, unless noted otherwise in the quotation.
  5. PRICE FILES
    1. Where a price file is set up, the price file is subject to change:
    2. Within 30 days written notice or
    3. Where the account is not active (transactional within a 90-day period) or
    4. Where the account is outside of trading terms.
    5. Prices are ex-warehouse and are subject to Goods and Services Tax (GST).
  6. DELIVERY
    1. Orders are subject to delivery fees where applicable.
    2. Despatch dates and times are subject to transport availability at the time of requested delivery date.
    3. The customer acknowledges that CBMA will not be liable for any costs incurred from delays of deliveries, including but not limited to:
      1. Transport availability
      2. Traffic issues
      3. Weather conditions
      4. Stock levels
    4. Where deliveries to site are required, the customer agrees that CBMA and their delivery contractors will place product at the nearest available spot on the premises closest to the road front.
    5. CBMA do not do special placements or floor lifts without written approval from CBMA.
    6. Where there is no one on site to accept the order, the customer accepts that the delivery is delivered in full and accepts placement of the order.
    7. CBMA is deemed to have delivered Goods when collected by the Customer or when they are made available for unloading at the Customer’s nominated delivery address (whichever occurs first).
    8. Risk in the Goods passes at the point of delivery.
  7. PAYMENT
    1. Payment is to be made on receipt of Goods, or in the case of an approved account, within 30 days following the end of the month in which the invoice is dated (subject to any other terms being applied).
    2. If payment is not paid within terms, CBMA reserves the right to charge interest at a rate of 2.5% per month on all outstanding monies dating back to the original date of invoice, plus any expenses, costs or disbursements, including debt collection agency fees and legal costs
  8. RETENTION OF TITLE
    1. Whilst the risk in the Goods passes on delivery, legal title on the Goods remain with CBMA until payment is received in full by CBMA.
    2. Until CBMA has received payment for the Goods in full:
      1. CBMA reserves the right to enter the Customer’s premises and retake possession of the Goods, reserves the right to keep or resell any Goods repossessed and reserves any other rights it may have under law without being liable to the purchaser or other persons for subsequent repossession of these Goods.
    3. Prior to the use or resale of Goods, the Customer shall maintain them in their original condition in-store or on-site.
    4. The Customer acknowledges that in accepting trade credit account with CBMA, they are accepting all terms and conditions. On placing an order, the Customer will be deemed to have accepted these Terms and Conditions
    5. Customer must not grant any other person a Security Interest in respect of the Goods or allow an Excluded Interest to exist over the Goods.
    6. The Customer shall be liable for all costs associated with any exercise by CBMA of its rights to recover any and all owing costs associated with recovering any outstanding debts with CBMA.
  9. WARRANTIES
    1. CBMA is not liable for any loss or damage, whether direct or indirect (including consequential losses or damage) arising out of any breach of contract by CBMA or any negligence of CBMA, its employees or agents and the Customer releases CBMA from those claims.
    2. CBMA offer a 7-year product warranty. Please refer to product warranties for full details.
    3. If CBMA is liable for a breach of a guarantee implied by the Australian Consumer Law of the Competition and Consumer Act 2010 (Cth) (not being a condition or warranty implied by Section 64 of the Australian Consumer Law) then its liability for a breach of any such guarantee will be limited, at its option, to any one or more of the following:
      1. the replacement of the goods or the supply of equivalent goods;
      2. the repair of the goods;
      3. the payment of the cost of replacing the goods or acquiring equivalent goods;
    4. Any claim for warranty by the Customer will be considered only after the Customer returns Goods with proof of purchase to CBMA within 7 days of delivery and invoice date.
  10. RETURNS
    1. To the extent permitted by law, CBMA may in its absolute discretion accept the return of standard products to the credit of the Customer provided that such products are returned to CBMA unused and undamaged, and with proof of purchase, before the expiry of 7 days after the invoice date on the following conditions:
      1. The product must be in original condition and stored (evidence of proof required) out of weather and able to be resalable condition.
      2. The customer agrees to pay a 15% restocking and handling fee.
      3. All transport costs to return to CBMA warehousing is at the cost and organisation of the client.
      4. Additional testing / Batch testing requirements may also be required and will be at the cost of the customer.
  11. INDEMNITIES
    1. The Customer hereby releases, indemnifies and defends CBMA from and against any losses, liabilities, claims and costs caused by or arising out of the way in which the goods are contained or made in compliance with the customer’s design or specification.
  12. FORCE MAJEURE
    1. CBMA will not be responsible or accept any costs from any delay in or failure of performance of supply or failure of delivery caused by circumstances beyond its control including but not limited to, strikes, lock-outs, labour disturbances, Act of Government, riot, civil war, commotion, fire, flood, failure of power supply or similar event and shall not be liable for any consequential loss, damage, expense or claim suffered by the Customer or any other party as a result of any such event.
  13. AGENTS AND EMPLOYEES
    1. The Customer is bound by and liable for the actions and conduct of its agents, employees, contractors, subcontractors, officers and any other party that purports to represent the Customer or that accepts goods on behalf of the Customer, including but not limited to freight, transport and logistics service providers.
  14. ENTIRE AGREEMENT
    1. These Terms contain the entire agreement between the parties on the subject matter of these Terms, and there are no other oral or written representations, stipulations, warranties, agreements, or understandings relating to the subject matter of these Terms. Any variation or modification of these Terms must be in writing and agreed by both parties.
  15. TERMS AND CONDITIONS UPDATES
    1. Trading with CBMA the customer accepts all terms and conditions as stated in this contract.
    2. Terms and conditions may change without notice and it is the responsibility of the Customer to check back regularly to update and familiarise themselves with any changes