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Terms & Conditions

Have a question about our terms & conditions of sale? Perhaps our FAQ’s page has the answer. If you can’t find the answer you need, contact our friendly team for more information.

Terms and Conditions of Sale

Payments

1.1 Unless otherwise agreed to by PILA group in writing, all amounts payable shall be due to PILA group on order or by the due date on each invoice if the client has an open trading account by PILA group, with time being of the essence. Late payment of invoices will result in the forfeit of any discount offered on all products and services or deposits paid. Late payments may also bear interest at the rate of 7% per annum or the highest rate permitted by law, whichever is greater.

1.2 The client shall pay all costs and expenses incurred by PILA group in connection with PILA group’s attempt to obtain payment of any outstanding amounts, including fees charged by a collection agency or Solicitor, whether or not formal proceedings are brought to remedy the client’s breach of this agreement or to collect any amount’s due.

1.3 The client agrees to deliver written notice of any error in any invoice to PILA group within three (3) days after the day that the invoice is dated. The invoice shall be deemed to be correct and accepted as rendered, unless PILA group has received the client’s written notice to the contrary within the above time period. All sums owing to PILA group by the client shall be paid in accordance with the terms and conditions expressed on PILA group’s invoice. In the absence of an expressed statement of terms and conditions to the contrary, the terms of any transaction with PILA group shall be deemed due upon order. Whether or not expressed on an invoice, all amounts not paid when due shall bare interest pursuant to clause 1.1.

Agreement

2.1 Upon PILA group granting credit to a client, the terms of this agreement shall govern any contradictory term contained in any other document, unless a Director of PILA group shall have expressively stated in writing to the contrary. The terms of this agreement may not be amended, revoked or modified unless a Director of PILA group executes such amendment, revocation or modification in advance.

True & Accurate

3.1 PILA group will consider an extension of credit to the client based on the information provided in a credit application form and by other available sources. A credit application form authorises PILA group to check the client’s credit background and to contact all of the clients’ credit references and sources. The client states and certifies that the information contained in this application is true and correct and that PILA group may justifiably rely on the information provided by the client.

3.2 Once credit has been approved, or in the event the client arranges to purchase products or services from PILA group on other terms, the client agrees to pay any or all monies, charges, fees and costs which the client or any authorised person incur on or for the client’s account by the due date. Unless the client notifies PILA group in writing within seven (7) days of any unauthorised use of the client’s credit or account, the client agrees that such use is authorised and the creditor shall be responsible for all such charges and use.

Liability

4.1 Subject to any excludable rights of the client under the Trade Practices Act 1974, PILA group shall not be liable for any personal injury, or loss of, damage to or delay in relation to any goods or in relation to any services provided under any circumstances whatsoever. Without limiting the generality of this cause, the company shall not be liable due to: 
a. Negligence or wrongful act or deliberate act or default on the part of contractors of the company, its agents, servants or subcontractors; 
b. Miss-delivery, delay or non-delivery (whether any specific time for delivery has been agreed or not); 
c. Breach of contract or tortuous duty;
d. As a result of any consequential loss for whatever reason and under any circumstances; 
e. Due to any loss of or damage to or deterioration in or contamination of goods while the goods are in the possession, custody or control of the third party. A transit insurance policy is held by PILA group but cannot be relied upon and is not guaranteed to cover any losses. 

4.2 Subject to any excludable rights of the client under the Trade Practices Act 1974, the client undertakes that no claim shall be made against any contractor, servant, sub-contractor or agent of PILA group which imposes or attempts to impose upon any of them, any liability greater than that of PILA group under these or other applicable terms or conditions, in connection with the goods or services provided. Without prejudice to the forgoing, every such contractor, servant, sub-contractor or agent shall have the benefit of all provisions herein, as if such provisions were expressly for their benefit, substituting the name of the relevant party for PILA group, where appropriate. In particular (without limiting the generality of this cause) every such contractor, servant, sub-contractor or agent shall have the full benefit of exclusion of liability under clause 4.1 of these conditions. In entering into this contract, PILA group, to the extent of these provisions, does so not only in its behalf but also as agent and trustee for such contractors, servants, sub-contractors and agents. 

4.3 The client shall defend, indemnify and hold harmless PILA group from and against all claims, costs and demands whatsoever and by who so ever made in relation to or arising out of the services, in excess of the liability of PILA group under the terms of these conditions and without prejudice to the generality of this clause, this indemnity shall cover all claims, costs and demands arising from or in connection with the negligence or wrongful or deliberate acts of PILA group, its contractors, servants, sub-contractors and agents.

Compensation

5.1 To the extent provisions of these conditions may be held not to exclude liability all together:
a. The liability of the company shall be limited as follows:
i. In no event may exceed an amount of AUD $100 in respect of any goods lost or damaged;
ii. In relation to any claim for delay or damage, to the amount of PILA group’s charges to the company for or in relation to the goods;
b. PILA group shall be discharged from all liability unless;
i. Notice of any alleged transit loss or damage is given to PILA group immediately and the damage is noted by the client on the carriers POD on delivery;
ii. A lawsuit is brought in the appropriate form and written notice thereof is received by PILA group within seven (7) days after the date of delivery of the goods or the date upon which the goods should have been delivered;

5.2 PILA group shall be under no obligation to take any steps for or on behalf of the client for the purpose of extending or preserving the liability of any contract or third party and may (according to the extent of liability) obtain services in relation to goods at the lowest possible cost.

5.3 To the extent that any clause or any part of any clause above would (due to the circumstances of particular case) be declared void under the Trade Practices Act 1974, such clause or clauses (or relevant parts thereof) shall be read as restricting the clients entitlement only to the extent of limiting PILA group’s liability to the greatest extent permitted by law in the applicable circumstances. In particular, in such circumstances such as clauses shall be read only as limiting the liability of the company in accordance with Section 68A of the Act, where permissible.

Title / Risk of Loss

6.1 Entitled risk of loss of goods shall pass from PILA group to the client when the goods or component parts whether manufactured by PILA group or another supplier are placed in the possession of the carrier on delivery to the client. The client shall provide all necessary insurance for goods in their own possession to be for no less than the total amount owing to PILA group with loss first payable to PILA group.

Acceptance of Goods

7.1 The client shall inspect or test all goods upon receipt. The client shall be deemed to have accepted final acceptance of the goods within forty-eight (48) hours from the date of receipt of delivery, unless written notice is received by PILA group within such a period. In any case, the goods will be deemed accepted on the date when used or otherwise placed in commercial operation.

Warranty

8.1 PILA group warrants that title to the goods shall be free from encumbrance and conform to the description contained on PILA group’s invoice.

8.2 PILA group disclaims that any implied warranty of merchantability or fitness particular purpose, there are no representations or warranties except as provided in writing and as signed by a Director of PILA group.

8.3 The client is responsible for the designation and selection of products sold by PILA group. The client shall hold PILA group harmless and indemnify and defend PILA group (including its Directors, officers, employers, agents and representatives) for any claims arising out of or relating to the design, specification or use of product(s) sold by PILA group to the client.

Returns

9.1 PILA does not accept returns or exchanges for change of mind once the goods are in production, are in transit or have been delivered. This does not exclude or replace the clients rights under Consumer Guarantees of the Australian Consumer Law, regulations or otherwise as required by law. For products damaged in transport or otherwise faulty products, PILA reserves the right to repair or replace the damaged part(s) only. For further information, refer to: Australian, Competition and Consumer Commission (ACCC)

Cancellations

10.1 PILA does not accept cancellations of orders once the goods are in production, are in transit or have been delivered. If an order is cancelled after the receipt of an order and prior to the commencement of manufacturing, a cancellation and restocking fee of 20% of the value of the order (excluding freight charges) will apply. Upon receipt of a written cancellation request from the client, PILA group shall cancel any orders as instructed and the client shall be responsible to pay for all costs associated with the cancellation of the order. The client must always give PILA group the right to amend, change or modify any product ordered to suit the client’s requirements prior to the cancellation of any order. The modification of any order by the client may incur additional costs to the original purchase order amount.

Delays

11.1 PILA group shall not be liable for failure or delay in performance hereunder due in whole or part to strikes, work stoppages, fire, acts of terrorism, accidents, wars, rebellions, civil commotion, public strife, acts of any government, whether legal or otherwise, acts of public enemies, forces majeure, or qualified labour, or any other causes beyond PILA groups reasonable control. This specifically includes delays or inabilities to obtain product because of the actions of a PILA group’s suppliers.

Defaults

12.1 In the event of the client’s refusal to accept a shipment or other default, PILA group, at its discretion and option shall be entitled to retain all money paid by the client on accounts as liquidated damages. If the client fails to make any payments when due, or if there is a breach of any covenant or agreement by the client, or if PILA group deems itself insecure, then the client shall be deemed in default and PILA group shall have, at its option, the right to take immediate possession of the goods, and or declare all unpaid amounts immediately due and payable and or suspend shipments to the client. PILA group shall be entitled to for any amount owed by the client or any of the client’s related entities against any amount payable to PILA group in connection with any unpaid monies due to PILA group. A waiver by PILA group of any breach or default shall not constitute a waiver of any subsequent breach or default.

Acceptance

13.1 These terms and conditions shall be deemed binding on the client by its purchase of products from PILA group.

General

14.1 PILA group may assign its rights and obligations under these terms and conditions. If the client changes its corporate status, both the client and its successors continue to be bound by these terms and conditions of sale, but PILA group reserves the rights pursuant to clause 11. No prior representation, affirmation, or agreement shall be enforceable unless set forth herein.

Choice of Law

15.1 These terms and conditions are governed by and construed in accordance with the laws of the State of New South Wales. Actions, suits or proceedings relating in any way to these terms and conditions or documents or dealings contemplated by it, may be instituted, heard and determined in a Court of competent jurisdiction in the State of New South Wales. Each party irrevocably submits to the non-exclusive jurisdiction of such Court for the purpose of any such action, suit or proceeding.

Severability

16.1 If these terms and conditions shall, so far as possible, be interpreted and construed so as not to be invalid, illegal or unenforceable in any respect, but if a provision, on its true interpretation or construction is held to be illegal, invalid or unenforceable:

16.2 That provision shall, so far as possible be read down to the extent that it may be necessary to ensure that it is not illegal, invalid or unenforceable and as may be reasonable in all the circumstances so as to give it a valid operation; or

16.3 If the provision or part of it cannot effectively be read down, that provision or part of it shall be deemed to be void and severable and the remaining provisions of this Agreement shall not in any way be affected or impaired and shall continue notwithstanding that illegality, invalidity or unenforceability.

Price

17.1 All individual unit prices of products and services quoted are exclusive of GST. Invoice totals are inclusive of GST. Products and services sold to clients outside of Australia and its Territories, operating on a foreign currency, are not liable for GST. GST will have the meaning of a tax, impost or duty on goods, services or other things introduced by a Government Authority before, on or after the quotation has been given. All quotations are provided as estimation only and should be relied upon as a guide and are subject to change without notice. The price provided for within the quotation will not include any incidental charges that may not have been made aware to PILA group and or by a PILA group supplier.

On-Site Work

18.1 Products and services manufactured, supplied and installed by PILA group, its agents, servants or subcontractors are deemed to exclude engineer’s certification and are ordered, purchased and accepted at the client’s own risk, unless otherwise stated. The client must adhere to installation notes on quotations and invoices before the scheduled installation date or extra charges may apply. All quoted pricing for site services is subject to change without notice. All invoiced pricing for site services is subject to surcharges. PILA group relies on the honesty and accuracy of the client in providing as much site detail as possible prior to commencement of works. The client is responsible for all site permits and for providing site plans. Upon request of written notice from the client, PILA group shall stop all site works as instructed subject to PILA group (or its sub-contractors) rights to continue processing the site to the point at which processing can be haltered with the least disruption and cost to PILA group and minimising hazardous conditions on the site. The client shall be responsible for all costs associated with the cancellation and the completed portion of works.

Copyright

19.1 PILA group supports and encourages the dissemination and exchange of information. However, copyright protects all material distributed by PILA group. PILA group only allows this material to be reproduced on the condition that it is recognised as author of the original material and that the material remains unaltered. If these conditions are not adhered to, any use, disclosure or copying of any material is unauthorised.

Other

20.1 PILA group reserves the right to amend, add or exclude terms and conditions at any time without notice. The information contained in this document is subject to modification from time to time, therefore it is the user’s responsibility to check that this information is current at the time of ordering or prior to using the product. No responsibility will be taken by PILA group for the placement of incorrect orders due to outdated information and pricing.

Contact

Questions about our Terms and Conditions can be sent to legal@pila.com.au.

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