Terms and Conditions

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A reference to “the Supplier” refers to BFI Fire Pty Ltd (ABN 71 627 171 313). Please read the undermentioned terms carefully. If you do not understand these Trading Terms you should seek legal advice.

  1. The agreed trading terms are 30 days.  Payment is due 30 days from the date of the invoice.
  2. The Customer hereby agrees & acknowledges that at the absolute discretion of the Supplier, an account keeping fee of 2% per month, or the maximum rate permissible by law, may be levied on any overdue amounts that remain unpaid by the required due date. The Customer agrees that this fee represents a reasonable pre estimate of the loss suffered by the Supplier
  3. In the event that the Customer’s account is in default of these Trading Terms, the Customer agrees to indemnify the Supplier for any dishonoured cheque fees incurred. The Customer will also indemnify the Supplier against its collection fees & any reasonable legal costs incurred by the Supplier, provided the Customer has been provided reasonable opportunity to remedy the default and has failed to do so.
  4. The Supplier may withdraw credit facilities to the Customer at any time upon reasonable notice. Without limiting the Supplier’s rights to withdraw credit, the Supplier reserves the right to stop supply & place the account on hold when the Customer is in default of the Trading Terms, until such time as the Customer’s remedies the default and the Supplier agrees to recommence supply.
  5. These Trading Terms apply to all transactions in relation to which the Customer is supplied goods and or services (including on credit). If any future contract between the Supplier and the Customer is inconsistent with these Terms of Trade, then these Trading Terms will apply unless the subsequent contract refers to and specifically alters these Trading Terms in writing.
  6. Should there be any variation to any of the information supplied by the Customer in this application or in the structure of the Customer’s business (such as a conversion to or from a company or trust or the appointment of new directors), the Supplier shall be notified in writing. Until a new application form is signed and approved in writing by the Supplier, then the original application and those person(s) who signed as guarantor(s) shall remain liable to the Supplier as though all goods and services were supplied to the original Customer.
  7. The Supplier reserves the right to amend these Trading Terms and will publish any amended version of the Trading Terms on its website.  The Customer will be provided with reasonable notice prior to any changes of the Trading Terms. In the event that the Customer reasonably considers that the variation causes the Customer a material detriment, the Customer may terminate these Trading Terms at any time without penalty.
  8. The Supplier shall be entitled at any time to assign its rights under these Trading Terms to its successors, nominated transferees or assigns, (including but not limited to, where applicable, personal guarantees), and that these Trading Terms shall not be in any way affected or discharged pursuant to such assignment.
  9. RETENTION OF TITLE. Until ALL INVOICES are paid in full, and ALL MONIES receipted and cleared, ownership of the goods remain with the Supplier, but the risk passes to the Customer on delivery. Delivery shall occur if the Supplier or its agent delivers, on delivery, and or if the Customer or its agent(s) takes delivery, at that point of delivery. Until the Supplier is paid in full, the relationship of the Customer to the Supplier shall be fiduciary in respect of the goods and the Customer shall hold the goods as bailee only for the Supplier. The Customer shall store the goods separately from its own until title has passed to the Customer.
  10. Should the goods be onsold to a third party before payment, or in the event of the Appointment of an Administrator, Controller, Managing Controller, Receiver or Receiver Manager (as those terms are used in the Corporations Act 2001 (Cth)), or entry into an Informal/Formal Deed of Arrangement under the Bankruptcy Act 1966 (Cth) by the Customer, or any other insolvency event of the Customer, then the Customer hereby assigns to the Supplier its right of recovery of payment from the third party. The money(ies) resulting from the sale of the goods are to be specifically earmarked and placed in a separate account on trust for the Supplier, until payment in full is made to the Supplier for the cost of the goods only, to guarantee clear passage of ownership to the third party innocent purchaser.
  11. In the event the Customer is in default of the Trading Terms, and after failing to remedy any breach of the Trading Terms after notice and a reasonable period of time, then the Supplier may upon notice to the Customer, enter upon the premises where the goods are reasonably expected to be stored for the sole purposes of retaking possession of the goods.  The Customer indemnifies and holds harmless the Supplier, its servants or agents in relation to loss or damage as a result of the retaking of possession of the said goods. Further in the event the Supplier exercises its right of retaking possession of the said goods, the Customer grants power of sale to the Supplier to resell the said goods and the Customer acknowledges that any shortfall owing after the said goods are resold will be the responsibility of the Customer. Notwithstanding any other provision of these Trading Terms, it is expressly agreed by the Customer that the Supplier may sue for the price of all goods delivered to the Customer or for damages, notwithstanding that ownership in those goods has not been passed to the Customer.
  12. DELIVERY. Deliveries shall be made during normal working hours. Deliveries required outside normal working hours will be delivered upon the request of the Customer, and any additional charges will be the sole responsibility of the Customer. In the event the Customer or the Customer’s agent is not on site to accept the delivery, then the Customer must pay the costs for redelivery of any goods. The date of delivery set forth in the order form is an estimated delivery time frame only and is subject to industrial disturbances, delay in transit, damage to goods in transit, shortage of goods and any other cause beyond the reasonable control of the Supplier.
  13. PPSR. The Supplier reserves the right to register any security interest provided by the Customer (“the grantor”) which creates a performance obligation to secure payment owed by the Customer to the Supplier pursuant to the Personal Property Securities Act 2009 (Cth).
  14. SERVICE OF DOCUMENTS. The Customer acknowledges that service of all documents will be by prepaid postal addressed envelope to the address nominated on the application or order form, unless a new address is provided by the Customer and such new address is acknowledged by return in writing from the Supplier. The Customer expressly acknowledges that service is deemed to be effected after the expiration of 2 working days from date of posting of the documents.
  15. ACCESS TO SITE. The Customer at all times is responsible to ensure suitable access to its site for delivery of goods. The Customer indemnifies and saves harmless the Supplier, and or its servants or agents against any loss or damage, in the event the Customer fails to provide suitable access to site for delivery, or whilst on site delivering, except to the extent that any loss or damage is caused or contributed to by the negligence of the Supplier or its servants or agents.
  16. PRICE. All goods are sold at the price current at the time of purchase. The price of the goods is at the Suppliers works. Costs and charges for freight and handling at the point of delivery to the Customer or the Customer’s agent are payable by the Customer unless otherwise stated on the quote/order form. The Customer will be provided a quote for the purchase price of the goods, and the costs for delivery at the time of ordering. All quotes remain current for 14 days only from the date of the quote or as otherwise stated on quotation.
  17. PAYMENT. The Customer expressly acknowledges that in the event that the Customer chooses to operate on a credit basis (and the Supplier agrees that the Customer may do so), the Customer may be required to execute an authority to the Customer’s Bank authorising a direct debit from the Customer’s Bank account, to the Supplier for all sums due on a monthly basis. .
  18. FINANCIAL INFORMATION. The Customer agrees to provide financial information as is reasonably required by the Supplier from time to time, for the assessment of current and future credit limits only. The Supplier and the Customer further agree that such information shall be treated as strictly confidential and will not be disclosed to any third party(ies) without the express written permission of the Customer.
  19. CLAIMS. It is the responsibility of the Customer to carefully inspect the goods immediately when they are delivered.  Claims that the goods fail to meet the guarantees under the Australian Consumer Law must be made in accordance with the requirements of that legislation. Claims that the products fail to meet the manufacturer’s warranty will only be recognised if made in the first instance by phone within 72 HOURS of receipt, and also in writing within 7 days of delivery. Claims outside this period will be at the absolute discretion of the Supplier, and its decision final and binding on the Customer. All claims that the goods fail to meet the manufacturer’s warranty must be returned in original condition and packaging and complete in every detail and such goods will only be accepted if the freight is prepaid by the Customer.
  20. RETURN OF, OR CANCELLATION OF GOODS ORDERED. In the event the Customer elects to return goods or cancel goods on order for any reason other than failure to comply with the Australian Consumer Law, the Supplier at its absolute discretion reserves the right to charge a 10% handling fee on the amount involved. The Customer agrees that this represents a reasonable pre estimate of the loss that the Supplier will suffer in restocking and administrative charges. Prior to returning the goods, the Customer must obtain the prior written approval of the Supplier to the return of the goods.   
  21. SPECIAL ORDERS. Special orders attract a 50% deposit which will be debited to the Customer’s account upon receipt of a written order for goods outside our normal stock line, or for goods specifically modified to the Customer’s requirements. NOTE: ■ Unless goods breach the consumer guarantees under the Australian Consumer Law, no return of, or cancellation of special orders will be accepted.
  22. WARRANTIES. All goods are warranted by the manufacturer as set out in the manufacturer’s warranty, if any, as is furnished by the manufacturer thereof.  To the extent permitted by law, all implied conditions and warranties are expressly excluded. Nothing in these Trading Terms shall be read or applied so as to exclude, restrict or modify, or have the effect of excluding, restricting or modifying, any condition, warranty, guarantee, right or remedy implied by law (including the Competition and Consumer Act 2010 (Cth)) and which by law cannot be excluded, restricted or modified.  
  23. DAMAGES. To the extent permitted by law, if the Customer is entitled to the benefit of any implied terms which cannot be excluded, the Supplier’s liability shall be limited, as its option in the case of a supply of goods to:
    1. The replacement of the goods or the supply of equivalent goods;
    2. The payment of the costs of replacing the goods or acquiring the relevant goods, or the payment of the costs of having the goods repaired;
    3. In the case of services, the resupply of the services; or
    4. The payment of the cost of having the services performed again.
  24. Subject to the Australian Consumer Law, the Supplier shall not be liable for any claims, loss, expense whatsoever, howsoever arising, or in any event in any way whatsoever for any contingent, consequential direct/indirect special, or punitive damages arising in relation thereto, and the Customer acknowledges this express limit or liability and agrees to limit any claim accordingly. Further the Supplier shall not be responsible directly or indirectly for any consequential loss or damage, or for the maintenance, use or operation of the product by the Customer, or to any third party, or from any failure of the product whether defective or not.
  25. GST.
    1. Expressions set out in italics in this clause 25 bear the same meaning as those expressions in the GST Law.
    2. All Payments have been set or determined without regard to the impact of GST.
    3. Subject to clause 25.d, if the whole or any part of a Payment by a party (including amounts referred to in clause 25.c) is the consideration for a taxable supply, the GST Amount in respect of the Payment must be paid to the supplier of the taxable supply as an additional amount, at the same time and in the same manner as the Payment is otherwise payable or as otherwise agreed in writing.
    4. If a Payment due under this agreement is a reimbursement or indemnification by one party of an expense, loss or liability incurred or to be incurred by the other party, the Payment will exclude any GST forming part of the amount to be reimbursed or indemnified to the extent to which the other party can claim an input tax credit.
    5. A party’s obligation to make payment under clause 25.b is subject to a valid tax invoice being delivered to the party liable to pay for the taxable supply.
    6. Where the supplier has become subject to any penalties or interest because of a late payment by the supplier to the Australian Taxation Office of any GST Amount and that late payment is a result of the failure of the recipient to comply with the terms of this clause 25, the recipient must pay to the supplier an additional amount on demand equal to the amount of those penalties and interest.
    7. The recipient must indemnify the supplier on demand in respect of all loss or damage arising from a breach by the recipient of its obligations under this clause 25.
  26. ENVIRONMENTAL REQUIREMENTS. The Customer confirms and ac-knowledges it has made all enquiries in relation to all responsibilities conferred upon the Customer, by all relevant legislation, relating to storage of and disposal of any or all products supplied by the Supplier.
  27. INSURANCE: NO INSURANCE IS PROVIDED BY THE SUPPLIER. The Customer expressly acknowledges that insurance of all goods is the responsibility of the Customer upon despatch from the Supplier’s premises.

JURISDICTION. The Customer acknowledges that this contract shall be governed by the Laws of New South Wales, and the Customer hereby agrees to submit to the non-exclusive jurisdiction of the Courts of that State.