Terms and Conditions of Trade

To the fullest extent legally permissible all dealings between Sydney Doors and any Customer relating to any products [“Products”] and/or services are subject to the following terms and conditions of trade [“these Terms”] unless otherwise agreed in writing:

Payments: Full payment is required to commence an order. Payments are to be by direct debit, EFTPOS, Mastercard or VISA, cash or bank cheque. If Sydney Doors receives or recovers money in respect of debts of the Customer or anyone else, Sydney Doors may use it to pay off whichever part of those debts it chooses. Payment is to be made without deduction or set off, whether legal or equitable.
Interest will be charged on overdue accounts at the rate prescribed by the Penalty Interest Rates Act 1983 (Vic) plus 2%.
Property: If Sydney Doors grants any credit facility and/or time to pay:
1. property in Products shall not pass to the Customer until payment in full of all monies owed to Sydney Doors (“ROT”), and Sydney Doors reserves the right to take possession and dispose of Products as it sees fit any time, until full payment is received;
2. the Customer grants permission to Sydney Doors to enter any property to recover the Products with such force as is necessary;
3. the Customer agrees that a certificate purporting to be signed by an officer of Sydney Doors identifying Products as unpaid for shall be conclusive evidence that Products have not been paid for and of Sydney Doors’s title to those Products;
4. the Customer agrees that the ROT is a security interest within the meaning of the Personal Property Securities Act 2009 (Cth) (“PPSA”);
5. The Customer agrees that sections 95, 130, 132(3)(d), 132(4), 135 and 143 of the PPSA will have no application to the agreement between Sydney Doors and the Customer in respect of these Terms and the Customer waives its rights under section 157 of the PPSA to receive a notice under that section;
6. Products shall be deemed to be dealt with by the Customer on a “first in first out” basis at all times.
Limitation of Liability: The Customer agrees: In the event that any supply agreement constitutes a supply of products or services to a purchaser as defined in the Trade Practices Act 1974, as amended, (“the Act”) nothing herein excludes, restricts or modifies any condition, warranty, right or remedy which pursuant to the act is applicable or is conferred on a purchase or any third party provided that Sydney Doors’ liability for such breach including any consequential loss which the customer sustains or incurs shall be limited (except to the extent specifically set forth herein) to:
1. The repair or replacement of the product(s) or the supply of equivalent product(s) by Sydney Doors at the discretion of Sydney Doors or if in the case that Sydney Doors cannot repair or replace the product(s);
2. The payment of the cost of having the product(s) repaired or replaced, at the discretion of Sydney Doors and based on Sydney Doors agreeing that the costs submitted to Sydney Doors prior to carrying out the repair or supply of the replacement(s) are fair and reasonable;
3. that Sydney Doors shall not be liable for any loss or expense arising after seven days from delivery (or at all once Products have been unpacked, affixed and/or otherwise used or applied) after which there shall be deemed to be unqualified acceptance;
4. that to the fullest extent legally permissible Sydney Doors shall not be liable for any damages for personal injury, any damage to property and/or any contingent, consequential, direct, indirect, special or punitive damages whether due to negligence or otherwise and the Customer acknowledges this limit of liability and agrees to limit any claim accordingly; and
5. that to the fullest extent legally permissible no other term, condition, agreement, warranty, representation and/or understanding whether express or implied, in any way extending to, otherwise relating to or binding upon Sydney Doors other than these Terms is made or given by or on behalf of Sydney Doors other than by these Terms save and except to the extent otherwise required by law.
Exclusions: The Customer agrees that:
1. no dealing between Sydney Doors and the Customer shall be or be deemed to be a sale by sample;
2. the Customer shall rely on its own knowledge and expertise in selecting Products for any purpose and any advice or assistance given by or on behalf of Sydney Doors shall be accepted at the Customer’s risk and shall not be deemed to have been given as an expert or adviser nor to have been relied upon;
3. Products are sold subject to each and every manufacturer’s trading terms and conditions and are protected by each and every manufacturer’s warranty and Sydney Doors shall not be liable to the extent that any manufacturer is liable under a manufacturer’s warranty unless otherwise required by law; and
4. Sydney Doors shall not be liable nor responsible for any failure to comply with any requirements of the Customer or any other person (whether relating to manufacture, design, fabrication, installation and/or any other particular intended use of any Products and/or otherwise) which are not precisely and accurately communicated in writing directly to the appropriate personnel at Sydney Doors. Sydney Doors retains the right to refuse to manufacture and supply Products if we believe they will not be suitable for your requirements. If the Customer proceeds with an order for those Products, which are deemed by Sydney Doors to be unsuitable, then the responsibility for their suitability for the purpose to which the Customer intends to use them, lies with the Customer.
Cancellations and Returns: The Customer agrees that:
1. notwithstanding any other provisions of these Terms, the Customer shall at no time cancel the whole or part of any order placed unless with Sydney Doors’ prior approval;
2. if the Customer asks to cancel an order prior to the commencement of production of the Products ordered, this must be submitted in writing and approved by Sydney Doors. An administration fee to the value of 10% of the order total or a minimum of $50 (ex GST), whichever is greater, will be deducted from the refund to cover administration costs. Refunds will be paid by the same method that the payment was received. It is the Customer’s responsibility to provide the correct payment details to Sydney Doors in order to process a refund;
3. no refund will be given once an order has gone into production;
4. the Customer shall not return any Products which have been custom made, custom cut, custom processed or custom acquired;
5. Upon signed delivery of Goods, no Claims or Credits will be recognised after 2 days of receipt of Goods unless authorised by an officer of Sydney Doors.
Customer responsibilities: The Customer agrees that:
1. any advice given by Sydney Doors is general in nature only and may not take into consideration the specific needs of the Customer’s situation. It is the Customer’s responsibility to check whether information given is applicable to them and by going ahead with any order, the Customer takes responsibility for, and agrees that, the details of all items as listed on Sydney Doors quote(s)/invoice(s) and any supporting correspondence, are correct. If unsure, the Customer is advised to engage the services of a suitably qualified and licensed professional;
2. if the Customer is a “Do It Yourselfer” (DIY’er), the customer acknowledges that they are not an industry professional. If the Customer goes ahead with an order, the Customer agrees to accept responsibility for any errors that occur due to misinformation that they supply, or Sydney Doors misinterpretation of the Customer’s information if it is not as per industry standard. Sydney Doors encourages all orders to be lodged on Sydney Doors Quote/Order forms in an effort to limit errors and misinterpretation of information;
3. as all Sydney Doors doors and panels are made with a combination of computer controlled and hand operated machinery, then sanded and spray painted by hand, the components of manufacture that are made by hand are subject to minor variations in size and finish. Sydney Doors performs quality control and checks all items for imperfections, and will reject those with obvious faults. However, any minor imperfections and variations which are not immediately obvious, are not considered faults;
4. each order it places shall be deemed to include a representation that it is solvent and able to pay all of its debts as and when they fall due; and
5. when any order is placed the Customer shall inform Sydney Doors of any facts which might reasonably affect any decision to accept the order and/or grant credit and that any failure to do so shall be deemed to create and constitute an inequality of bargaining position, the taking of an unfair advantage of Sydney Doors and to be unconscionable, misleading and deceptive;
6. if matching of paint colour to a sample is required, the colour match will be as close as possible to the sample provided. A slight variation in colour may appear due to the age of the sample and/or to unknown undercoat colour and paint types and brands used on the sample provided.
Purchase Price: The Customer agrees that all sales are otherwise made by Sydney Doors at its ruling price at the time of delivery and on such other terms as Sydney Doors considers to be reasonable.
Delivery: The Customer agrees that:
1. Sydney Doors accepts no responsibility or duty to deliver but may elect to arrange delivery at its discretion and without liability and at the Customer’s cost and risk in all things;
2. Sydney Doors shall not be liable for any delay or any failure or inability to deliver. Any date quoted for delivery is an estimate only and Sydney Doors shall not be liable to the Customer for any loss or damage whether direct, indirect or consequential and howsoever arising for failure to deliver on or before the quoted date. Sydney Doors is not liable for any penalties arising from late deliveries;
3. Products shall be deemed to be delivered as soon as they are ready for delivery at which time risk shall be deemed to have passed to the Customer; and
4. Sydney Doors may charge for frustrated delivery to cover Sydney Doors’s reasonable expenses;
5. Sydney Doors reserves the right to deliver by installments, which does not entitle the customer to terminate or cancel any installments still to be delivered or to any loss or damage howsoever arising for failure by Sydney Doors to deliver any installment by the quoted date;
6. Immediately upon delivery, the customer must inspect all Products prior to signing the delivery docket or tax invoice to ascertain that there is no damage to the Products. If damage is found, the purchaser must sign for the freight as damaged and the driver must acknowledge that the purchaser is signing for damaged freight. If transport of the Products is by a third party (other than Sydney Doors or it’s agents) then it is the responsibility of the purchaser to file any freight claims resulting from this process. In the case of third party transport, Sydney Doors has no liability after the Products are despatched from its premises.
Other Terms and Conditions: No terms and conditions sought to be imposed by the Customer upon Sydney Doors shall apply.
Recovery Costs: The Customer shall pay all costs and expenses (including legal costs on an indemnity basis) incurred by Sydney Doors and/or its agents in respect of the Customer whether relating to any debt, possession of Products and/or otherwise.
Customer Restructure: The Customer shall notify Sydney Doors in writing of any change in its structure and/or management including any change in director, shareholder and/or management and any change in partnership or trusteeship within seven days of the date of any such change.
Jurisdiction: The Customer agrees that all contracts made with Sydney Doors shall be deemed to be made in the State nominated by Sydney Doors and the Customer agrees to submit to the jurisdiction of the appropriate Court nominated by Sydney Doors in the capital city of that State.
Credit Limit: The grant of any credit facility or nomination of any credit limit is an indication only of Sydney Doors’s intention at the time. Sydney Doors may vary and/or withdraw any credit facility at any time at its discretion and without any liability to the Customer or any other party.
Security for Payment: As security for payment to Sydney Doors of all monies payable by the Customer, the Customer does hereby charge in favour of Sydney Doors all of the Customer’s interest in freehold and leasehold property both current and later acquired.
Holding Orders: The Customer agrees to pay any costs and expenses of Sydney Doors in handling and/or holding Products once ready for delivery.
Force Majeure: Sydney Doors shall not be or be deemed to be in default or breach of any contract as a result of Force Majeure. Force Majeure shall include any cause beyond the reasonable control of Sydney Doors including strikes and lockouts.
Power of Attorney: For the purpose of giving effect to the Customer’s obligations under these Terms (in particular clause 15. of these Terms) the Customer hereby irrevocably appoints the National Credit Manager (or like equivalent) for the time being of Sydney Doors as the Customer’s attorney in all things.
Disputes: The Customer agrees to pay into an interest-bearing trust account in the joint names of Sydney Doors and the Customer any amount claimed by Sydney Doors as a condition precedent to any dispute by the Customer of any such claim on the basis that upon resolution of the dispute the trust fund and any interest shall be dispersed according to the resolution. This clause shall operate as a bar to any defence or claim by the Customer until fully complied with.
Defaults: Upon the appointment of an Administrator, Receiver, Receiver and Manager, Liquidator or Trustee in Bankruptcy to the Customer or a breach of any of these Terms by the Customer, Sydney Doors may inter alia retain all monies paid, cease further deliveries, recover from the Customer any loss of profits arising and/or at Sydney Doors’s election take immediate possession of Products not paid for without prejudice to any other rights Sydney Doors may have and without Sydney Doors being liable in any way to any person.
Severability: Any part of these Terms being a whole or part of a clause shall be capable of severance without affecting any other part of these Terms.
Goods and Services Tax [GST]: All monies payable to Sydney Doors and any other consideration for any other “taxable supply” (within the meaning of A New Tax System (Goods and Services Tax) Act 1999 (Cth) and associated legislation as amended from time to time) shall unless Sydney Doors otherwise directs be deemed at all times to be exclusive of GST and/or any other applicable taxes, government charges, levies and/or imposts of any kind whatsoever – any and all of which must be paid by the Customer to Sydney Doors as and when and in such manner as Sydney Doors reasonably requires.
Warranty Policy:
1. The buyer hereby waives all statutory warranties and all warranties implied by law in connection with the sale of the Products, and agrees that the only warranties made by and binding upon Sydney Doors, is that Sydney Doors warrants its goods for one year (365 days) from the date of purchase by the buyer against any defects in workmanship in the goods. Any damages for any defect is limited to repair or replacement of the defective Products at the discretion of the management of Sydney Doors.
2. Routing of medium density fibreboard (MDF) material may cause a slight bowing of the material. This is normal and will most likely be within the Australian standards.
3. The warranty does not apply for damage caused to the Products after receipt by the customer, by any factors, including without limitation: wear and tear, mishandling, abuse or accidental damage.
4. Painted finishes: Sydney Doors recommends that all Products made from MDF, ordered by the Customer, be supplied by Sydney Doors or it’s agents in a professionally prepared 2-pack polyurethane painted finish. If you choose to order the Products to be supplied to you in an unpainted finish, all warranty on the Products is voided. As Sydney Doors does not have any control over how the unpainted Products are handled, painted and completed, we will in no way be liable for them. All Products made from MDF should be painted in a professionally prepared 2-pack polyurethane paint by a reputable paint trade professional as this material is best suited to this coating system. Water based paints do not tend to bond easily to this surface and as such, the use of acrylic or domestic oil based paint is not recommended. Sydney Doors does not accept any liability for painting of Products by a third party. Warranty for all Products supplied by Sydney Doors is voided if they are painted by a third party, professional or otherwise.
5. Sydney Doors in no manner warrants the fitness of its Products for any particular purpose for which the buyer intends to use them. The buyer assumes all risks associated with the Products and the use thereof.
6. Save and except as required by law no warranty is given where Sydney Doors is not the manufacturer of Products other than the warranty offered by the manufacturer and to the fullest extent legally permissible Sydney Doors’s liability shall in all cases be strictly limited in accordance with clauses 4. & 5. of these Terms. Where Sydney Doors is or might be deemed to be a manufacturer then the Sydney Doors Standard Warranty applies for the period applicable to specific Products. Details of the Sydney Doors Standard Warranty and the schedule of periods applicable are available upon request from Sydney Doors’s office at 80 Redfern Street, Wetherill Park, NSW 2164.
Credit Information: The Customer irrevocably authorises Sydney Doors and its servants and agents to make such enquiries from time to time as Sydney Doors may deem necessary to obtain information and/or to investigate the creditworthiness of the Customer including enquiries with persons nominated as trade references, bankers of the Customer, any other credit provider, any credit reporting agency, any land titles office, the ASIC, ITSA and/or any similar body and/or related information service [“the Sources”] and including personal credit and consumer credit information and any property, business and/or solvency information. The Customer by this clause irrevocably authorises the Sources to disclose anything about the Customer which is in the Sources’ possession and the Customer agrees that Sydney Doors may disclose any information it has about the Customer to any interested person (subject only to any obligations Sydney Doors may have under the Privacy Act 1988 (Cth)).
Care and Cleaning: Wipe the surface of the doors and panels with a soft cloth such as a microfibre cloth dampened in clean, soapy water. If necessary, polish dry with a soft, dry cloth. Use only mild detergents, do not use abrasive cleaners, harsh chemicals or scouring sponges as these may scratch or mar the surface.
Notice: The Customer agrees that it shall be deemed to have notice of any change to these Terms and be bound by any subsequent versions of these Terms as they appear on the website www.sydneydoors.com.au whether or not the Customer has actual notice thereof.

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