1.1 Unless otherwise agreed in writing by PILA Group, all amounts payable are due at the time of order, or by the due date on each invoice if the client holds an approved trading account with PILA Group. Time is of the essence. Late payment will result in the forfeiture of any discount or promotional price and may bear interest at a rate of 7% per annum or the maximum rate permitted by law, whichever is higher.

1.2 The client agrees to pay all costs incurred by PILA Group in recovering overdue amounts, including debt collection agency fees and legal costs on a solicitor-client basis, regardless of whether formal legal proceedings are initiated.

1.3 Any invoice dispute must be submitted in writing to PILA Group within three (3) days of the invoice date. In the absence of such notice, the invoice will be deemed accepted. Interest applies to all overdue amounts as per clause 1.1.

2.1 Where credit is granted by PILA Group, these Terms and Conditions prevail over any inconsistent terms in the client’s documents, unless otherwise agreed in writing by a Director of PILA Group. No variation of these terms is valid unless agreed in writing by a Director.

3.1 By submitting a credit application, the client authorises PILA Group to conduct credit checks and verify information with relevant third parties. The client warrants the accuracy of all information provided.

3.2 Once credit is approved or goods/services are supplied on alternative terms, the client agrees to pay all amounts incurred on their account. Unless notice of unauthorised use is received within seven (7) days, the client is liable for all such charges.

4.1 Subject to any non-excludable rights under the Australian Consumer Law (ACL), PILA Group is not liable for any personal injury, loss, or damage arising from the supply of goods or services, including but not limited to:
a. Negligence or default of contractors, agents, or subcontractors;
b. Delay, misdelivery, or non-delivery;
c. Breach of contract or tort;
d. Consequential loss or damage;
e. Damage or loss during transit or while in third-party possession.

A transit insurance policy is held by PILA Group but is not guaranteed to cover all losses.

4.2 Subject to the ACL, the client must not pursue claims against any PILA Group contractor, agent, or subcontractor exceeding the liability limits outlined herein. These parties benefit from all protections afforded to PILA Group under these terms.

4.3 The client indemnifies PILA Group against any third-party claims, costs, or liabilities exceeding PILA Group’s limited liability under these terms, including those resulting from negligence or wilful misconduct.

5.1 Where liability cannot be excluded:
a. PILA Group’s liability is limited to:
i. AUD $100 for any lost or damaged goods; or
ii. The charges invoiced by PILA Group relating to the goods or services in question.
b. PILA Group is released from all liability unless:
i. Notice of transit loss or damage is provided immediately and noted on the proof of delivery; and
ii. Legal action is initiated within seven (7) days of delivery or the expected delivery date.

5.2 PILA Group is not obligated to pursue claims on the client’s behalf against third parties.

5.3 If any clause is held void under the ACL, it will be read down to the maximum extent permitted under Section 64A of the Competition and Consumer Act 2010 (Cth).

6.1 Risk in the goods passes to the client upon dispatch from PILA Group or its supplier. Title remains with PILA Group until full payment is received. The client must insure goods for no less than the outstanding amount, with PILA Group as the first loss payee.

7.1 The Customer must inspect the goods promptly upon delivery. Unless the Customer provides PILA with written notice of any defect, damage or non-conformity within forty-eight (48) hours of delivery, the goods will be deemed accepted. Use or installation of the goods constitutes acceptance

8.1 PILA Group warrants clear title and conformance with the invoice description.

8.2 Except as required by law, PILA Group disclaims all implied warranties, including fitness for purpose, unless expressly provided in writing by a Director.

8.3 The client is solely responsible for product selection and specifications. The client indemnifies PILA Group for claims arising from product design or misuse.

9.1 Returns or exchanges for change of mind are not accepted once goods are in production, in transit, or delivered. This policy does not affect any statutory rights under the Australian Consumer Law (ACL). For damaged or faulty goods, PILA Group reserves the right to repair or replace the affected parts only. For further information, please refer to the Australian Competition and Consumer Commission (ACCC).

10.1 Orders cannot be cancelled once in production, in transit, or delivered. Cancellations prior to manufacturing will attract a 25% restocking fee. All cancellation costs will be borne by the client. Modification requests may incur additional charges.

11.1 PILA Group is not liable for delays due to events beyond its control, including natural disasters, strikes, government restrictions, supplier delays, or acts of war.

12.1 If the client defaults (including non-payment or refusal to accept goods), PILA Group may retain any deposit as liquidated damages, take possession of goods, and/or declare all amounts immediately due. Set-off rights apply. Waiver of any breach does not waive subsequent breaches.

13.1 These Terms and Conditions apply upon purchase of goods or services from PILA Group.

14.1 PILA Group may assign its rights at any time. The client and its successors remain bound. No representation is binding unless set out in writing.

15.1 These Terms and Conditions are governed by the laws of New South Wales. All disputes are subject to the non-exclusive jurisdiction of the courts of that State.

16.1 If any provision is found invalid or unenforceable, it will be read down or severed to preserve the validity of the remaining terms.

17.1 Prices exclude GST unless otherwise stated. Overseas clients may be exempt. Quotations are estimates and subject to change. Incidental charges not disclosed to PILA Group are excluded from the quoted price. Currency is Australian dollars.

17.2 All orders are subject to our Terms & Conditions, including variable freight and fuel charges. A fuel surcharge applies to all shipments and is calculated at the time of dispatch. Payment must include the final surcharge amount. Any difference from the estimate, order confirmation, or invoice must be paid before goods are shipped. By placing an order or issuing a purchase order, the customer acknowledges and agrees that freight charges include a variable fuel surcharge, and that the total invoice may differ from any prior price provided to reflect actual freight and fuel costs at dispatch.

18.1 On-site works do not include engineering certification unless otherwise stated. Clients are responsible for providing accurate site details, plans, and permits. Costs associated with cancellation or project delay will be passed on. PILA Group reserves the right to proceed to a safe stopping point upon cancellation.

19.1 Lead Times
(a) At the time of order, PILA will provide an indicative lead time for dispatch.
(b) The Customer acknowledges that dispatch, delivery or availability of goods within the estimated timeframe is not guaranteed.
(c) Dispatch or delivery may be delayed due to stock availability or events beyond PILA’s control, including (but not limited to) adverse weather, industrial action or supply chain disruptions.
(d) Delays are more likely during peak demand periods, including in the lead-up to national commemorative events (for flagpoles) and the commencement of winter sports seasons (for goal posts).
(e) Except as expressly stated in these Terms or required under the Australian Consumer Law, PILA and its agents will not be liable for any direct or indirect loss, damage, cost or expense arising from any delivery delay.

19.2 Shipping Terms
(a) The Customer must ensure its nominated delivery contact is aware of the following requirements:
(i) if goods or packaging appear damaged on delivery, the delivery docket (Proof of Delivery, or POD) must not be signed as “received in good order”;
(ii) to validate any claim under transit insurance, the receiver must:
– clearly mark “DAMAGED” on the POD;
– take clear, time-stamped photographs of the damage during unloading; and
– notify PILA by email to admin@pila.com.au within 24 hours of delivery, including the photographs and a written report.
(b) Failure to comply with clause 19.2(a) may void insurance coverage, and PILA accepts no liability for claims outside this timeframe.

19.3 Delivery and Storage of Goods
(a) Once an order is confirmed, goods will be manufactured and dispatched in accordance with the estimated lead time. The Customer will be notified by email when goods are dispatched.
(b) PILA does not offer warehousing services, and neither PILA nor its freight carriers will store goods beyond the scheduled delivery period.
(c) If the Customer is unable to accept delivery:
(i) the goods will be transferred to a secure storage facility;
(ii) a weekly storage fee per order will apply; and
(iii) all accrued fees must be paid in full before the goods are released and redelivered.
(d) Goods will only be stored for a maximum of 60 days. After this period:
(i) the order will be deemed cancelled;
(ii) any payments made will be retained as a credit valid for 90 days from the original order date (no refunds will be issued, as goods are custom-manufactured);
(iii) debt recovery proceedings may be initiated for unpaid storage or associated charges; and
(iv) the goods may be sold or otherwise disposed of in accordance with the Disposal of Uncollected Goods Act 1967 (NSW) or any equivalent applicable legislation.

19.4 Shipping Charges
(a) Shipping charges are calculated at the time of dispatch and may differ from those quoted at the time of order.
(b) Additional charges may apply where:
(i) courier rates increase between order and dispatch; or
(ii) the delivery address is changed after the order is placed.

19.5 Risk and Title
(a) Risk in the goods passes to the Customer upon delivery to the nominated address, or otherwise in accordance with clause 19.6.
(b) Title to the goods will not pass to the Customer until PILA has received payment in full.

19.6 Third-Party Delivery and Customer-Appointed Carriers
(a) Where the Customer requests or authorises delivery to any location other than its own premises, including a freight depot, warehouse, carrier, agent or other third-party location, risk and responsibility for the goods passes to the Customer upon delivery to that location. This includes collection from a depot operated by a PILA-appointed carrier where the Customer elects to collect the goods from the depot rather than accept delivery at its own premises.
(b) Where the Customer uses or appoints its own carrier, freight company, courier or other transport provider, risk in the goods passes to the Customer upon delivery to or collection by that carrier, and PILA accepts no responsibility for any loss, damage, theft, delay, mis-delivery, deterioration, mishandling or other issue arising thereafter, including during transport to the Customer’s final destination.
(c) The Customer is solely responsible for pursuing any claim against its nominated carrier or other third party. Delivery to any nominated third party or Customer-appointed carrier constitutes delivery to the Customer for all purposes.
(d) All invoices remain due and payable in full and without delay in accordance with PILA’s payment terms and may not be withheld, delayed, disputed or set off due to any loss, damage, delay or other issue arising after delivery to or collection by the nominated third party or carrier.

20.1 All content provided by PILA Group, including but not limited to product designs, specifications, brochures, images, website content, and marketing materials, is protected by copyright. Reproduction is permitted only with written permission and proper attribution. Content must not be altered, misused, or misrepresented in any way.

20.2 The name “PILA”, the PILA logo, the “PILA Goalpost Subsidy Program”, and all related product names, slogans, and branding elements are trademarks of PILA Group. These trademarks must not be used, copied, reproduced, or associated with any product or service without express prior written consent from PILA Group. Unauthorised use constitutes a breach of these terms and may result in legal action.

21.1 PILA Group may amend these terms at any time without notice. Clients must verify the current version at the time of order. PILA Group accepts no responsibility for outdated information or misorders.

For questions regarding our Terms and Conditions of Sale, contact legal@pila.com.au or 1300 007 452.