Sale terms — Versaform

1. Definitions

"Seller" means Versaform Pty Ltd, ABN 12 682 526 923.

"Buyer" means the purchaser of goods supplied by the Seller.

"Goods" means all products, materials, equipment, accessories and services supplied by the Seller.

2. Application of terms

These terms and conditions apply to all quotations, orders, sales and supplies of Goods by the Seller unless otherwise agreed in writing.

Placing an order constitutes acceptance of these terms and conditions.

Any terms contained in the Buyer's purchase order or other document shall not apply unless expressly accepted by the Seller in writing.

3. Quotations

All quotations are valid for thirty (30) days unless otherwise stated.

The Seller reserves the right to withdraw or amend any quotation before acceptance.

Prices are subject to change if:

supplier costs increase;
exchange rates materially fluctuate;
freight charges increase;
government taxes, duties or levies change.

4. Pricing

Unless otherwise stated:

all prices are in Australian dollars (AUD);
prices exclude GST;
delivery, unloading, crane hire, storage and site handling costs are excluded.

GST shall be added to all taxable supplies.

5. Orders

Orders are subject to acceptance by the Seller.

No cancellation or variation may be made without the Seller's written approval.

The Seller may charge costs incurred as a result of cancellation or variation.

Special-order, custom-made or imported products cannot be cancelled once manufacturing or procurement has commenced.

6. Payment terms

Unless otherwise agreed in writing:

Deposit: as stated in the quotation.
Balance: payable within 7, 14 or 30 days from the invoice date.

The Seller may suspend supply if any account remains overdue.

Interest may be charged on overdue amounts at 2% per month, calculated daily.

The Buyer shall reimburse all reasonable debt recovery, legal and collection costs incurred by the Seller.

7. Delivery

Delivery dates are estimates only.

The Seller shall not be liable for any loss arising from delivery delays.

Risk in the Goods passes to the Buyer upon:

delivery to the nominated address;
collection by the Buyer; or
unloading at site,

whichever occurs first.

The Buyer must inspect Goods upon delivery.

Any shortage, damage or incorrect supply must be notified within 48 hours of delivery, and before installation or use.

8. Storage and site conditions

The Buyer is responsible for safe unloading, site access, storage, and protection from weather, theft, damage or deterioration.

The Seller accepts no responsibility for damage caused after delivery.

9. Retention of title

Ownership of the Goods remains with the Seller until all amounts owing to the Seller have been paid in full, and all other monies owed by the Buyer to the Seller have been paid.

Until ownership passes, the Buyer holds the Goods as bailee for the Seller, the Seller may recover the Goods, and the Buyer grants the Seller access to premises for recovery.

The Buyer agrees that the Seller may register its interest under the Personal Property Securities Act 2009 (Cth) (PPSA).

10. Product information

The Buyer is responsible for ensuring that the Goods are suitable for the intended application.

Any drawings, dimensions, specifications, catalogues or product information are provided as guidance only.

The Buyer must verify suitability prior to installation.

11. Australian Standards and compliance

Where stated, products are manufactured or supplied to applicable Australian Standards.

The Buyer is responsible for ensuring compliance with project specifications, compliance with NCC requirements, and compatibility with other products and systems.

12. Warranties

Goods are supplied with guarantees that cannot be excluded under the Australian Consumer Law.

To the extent permitted by law, the Seller's liability is limited to replacement, repair or refund of defective Goods. Labour costs, removal costs, reinstallation costs and consequential losses are excluded.

Manufacturer warranties apply only to the extent provided by the manufacturer.

13. Returns

Returns require prior written approval.

Approved returns may be subject to proof of purchase, inspection, a restocking fee of up to 20%, and return freight costs.

The following are generally non-returnable:

custom-made products;
special-order items;
discontinued products;
products damaged after delivery.

14. Defective goods

Claims for defects must be made within a reasonable time after discovery.

The Seller may inspect the Goods before determining any remedy.

No claim may be made for Goods that have been installed incorrectly, been modified, been used contrary to manufacturer instructions, or suffered damage after delivery.

15. Limitation of liability

To the maximum extent permitted by law, the Seller shall not be liable for loss of profit, loss of revenue, project delay costs, liquidated damages, or indirect or consequential loss.

The Seller's total liability shall not exceed the purchase price of the Goods supplied.

16. Product variations

Due to manufacturing processes, imported products may vary slightly in colour, texture, finish, dimensions and packaging.

Reasonable variations shall not constitute defects.

17. Installation responsibility

The Buyer shall ensure all Goods are inspected prior to installation.

Installation of Goods constitutes acceptance that the Goods are fit for use and free from visible defects.

The Seller shall not be liable for removal, replacement, rectification, project delay, supervision or associated labour costs once Goods have been installed.

18. Force majeure

The Seller shall not be liable for delay or failure caused by circumstances beyond its reasonable control, including supplier shortages, shipping delays, industrial disputes, natural disasters, government restrictions, pandemics and transport disruptions.

19. Intellectual property

All drawings, designs, specifications, catalogues and technical documents remain the property of the Seller.

They may not be reproduced without written consent.

20. Privacy

The Buyer authorises the Seller to collect and use information for account management, credit assessment and debt recovery, in accordance with applicable privacy legislation. See also the website privacy notice.

21. Governing law

These terms and conditions are governed by the laws of the State of Victoria, Australia.

The parties submit to the exclusive jurisdiction of Victorian courts.

Questions about these terms: info@versaform.com.au or (03) 9029 0820.