Terms and Conditions

1. CONDITIONS: The supply of goods by the Supplier to the Customer, shall be subject to these terms and conditions of sale to the exclusion of any inconsistent terms and conditions.
2. TERMS: Unless otherwise agreed to in writing by the Supplier, the Customer shall pay for all goods on or before the last day of the month following the month in which the goods are supplied by the Supplier to the Customer.
3. PRICE: All goods are sold at the price current at the time of delivery. Prices are subject to change without notice. All quoted prices are subject to variation at the Supplier’s absolute discretion (including in relation to variations in the cost of wages and raw materials) and orders shall be invoiced at the prices ruling at the date of delivery. Surplus stock shall not be refundable. Delivery costs of the Customer are not intended to be in the quoted prices unless otherwise notified in writing. The Customer acknowledges that any costs incurred by the Supplier as a result of any difficulties or delays in completing any delivery, performing any work or for any reason whatsoever, shall be borne by the Customer unless otherwise agreed to in writing by the Supplier.
   A minimum cartage surcharge shall apply at the Supplier’s then current rate. All quotations shall be subject to rise and fall and shall remain valid for thirty (30) days only from the date thereof. All prices quoted by the Supplier shall be for the total quantity shown in the quote. If variations to the quantities shown in the quote are necessary, the Supplier reserves the right to adjust the quoted price. In any quotation, the prices of materials are quoted at the date thereof. If any such price varies in any way between the date of quotation and supply, the Supplier reserves the right to adjust the quoted price in its absolute discretion. Goods returned for credit, in the absolute discretion of the Supplier, may be credited if returned in a saleable condition, but shall attract a 15% surcharge.
4. DELIVERY: All goods shall be at the risk of the Customer from the time they are placed in the vehicle, which is to effect delivery from the Supplier’s premises and the Customer has responsibility, at its expense, to transport the goods from the Supplier’s premises to their intended destination. Unless otherwise directed in writing, the Customer requests the Supplier to act as its agent for the purpose of arranging for the transportation of the goods from the Supplier’s premises to the kerb alignment of either the Customer’s premises or such other location as the Customer directs. Delivery further than the kerb alignment at the Customer’s request shall be at the sole discretion of the Supplier but in all cases the Customer shall be liable for any loss, damage or injury caused to or sustained by any person or persons by reason of or arising out of or in any way in connection with such entry or delivery and in all cases the Customer hereby indemnifies the Supplier in respect of any such liability.
   Any delay in unloading the vehicle effecting delivery beyond 15 minutes due to insufficient space or any other reason whatsoever, shall result in the Supplier charging the Customer an additional fee at its absolute discretion at such rate to be notified by the Supplier to the Customer.
5. RISK AND TITLE: Title in the goods shall not pass to the Customer until payment in full of all and any money owing by the Customer shall, if required by the Supplier, deliver up the goods to the Supplier failing which the Customer irrevocably authorises the supplier to:
   (a) Enter at any time, by its servants or agents, where the goods are situated and repossess them;
   (b) Remove the goods from any place, whether they have at any time become fixed to any such place and for this purpose, the Supplier is hereby appointed the Customer’s agent.
   If the Supplier sells the goods to a third party, then the Customer shall hold all proceeds of such sale in Trust for the Supplier and shall not mingle any of the proceeds with any of its own money. The Customer acknowledges that a certificate signed by an officer of the Supplier, including its Credit Manager, shall be prima facie evidence
6. WARRANTIES: Should the goods be sold to a Customer (as defined in the Trade Practices Act 1974(as amended)), all parts of these Terms and Conditions of Sale, which are contrary to diminish in any way the conditions and warranties given to Consumers under the provisions of the Trade Practices Act and similar State and Territory consumer protection Legislation, are hereby negated save to the extent that the goods sold are of a kind not ordinarily acquired for personal, domestic or household use or consumption. These rights are limited to those granted pursuant to S69 of the Trade Practices Act and similar sections in State and Territory consumer protection legislation and to:
   (a) Replacement of the goods or the supply of similar goods;
   (b) The repair of the goods;
   (c) The payment of the cost of replacing the goods or acquiring equivalent goods; or
   (d) The payment of the cost of having the goods repaired.
7. TIME: Time shall be of the essence with respect to the Customer’s obligations hereunder.
8. FORCE MAJEURE: In the event that the Supplier is prevented or delayed wholly or in part by strikes, fire, explosion, flood, riot, injunction, interruption of transport, accidents, inability to obtain supplies, war, governmental action or other circumstances beyond it’s control (“force majeure”) from performing any of its obligations to the Customer, then the Supplier shall be entitled to delay, postpone or cancel performance of such obligation and shall be under no liability whatsoever for any damage or loss occasioned to the Customer.
9. GOVERNING LAW: These Terms and Conditions of Sale and all moneys owing for goods sold and delivered by the Customer to the Supplier shall be governed in all respects by the laws of the State of Queensland and the parties expressly and irrevocably submit to the jurisdiction of the Courts of the State of Queensland at Brisbane.
10. TAXES: All goods sold and delivered by the Supplier to the Customer shall be subject to GST of 10% and as such, may be adjusted from time to time, in addition to the price of the goods sold to the Customer. All prices quoted by the Supplier to the Customer shall, unless otherwise stated, be exclusive of GST. In this clause, the terms referred to have the same meanings as in the A New Tax System (Goods and Services Tax) Act 1999, in the GST Law and in any ruling whether binding or non-binding.
11. DEFAULT: Should payment by the Customer be in arrears, in whole or in part, or should the Customer commit an act of bankruptcy or if a company has a receiver, administrator, provisional liquidator or liquidator appointed, the Supplier reserves the right to:
    (a) Suspend further deliveries, stop credit, required payment in advance or any further deliveries or terminate any contract forthwith upon notice to the Customer;
    (b) Recover all costs associated with the collection of overdue amounts including, but not limited to, all legal fees on an indemnity basis and administration fee at the rate of 2.5% per month, calculated on monthly balances;
    (c) Call up all money owing by the Customer whether strictly due for payment or not. The Supplier shall, in its absolute discretion, allocate moneys received from the Customer for the payment of goods in such manner as it determines.
12. SECURITY: The Customer HEREBY CHARGES in favour of the Supplier all right to title and interest it may have or may hereafter acquire in any real, freehold or lease property with the payment of all moneys owing from time to time for the sale of goods or services provided. The Customer acknowledges that it shall be liable for all legal costs on an indemnity basis to which the Supplier may be put as a result of taking any steps to enforce in any way the charge herein before created.
13. CREDIT INFORMATION: The Customer consents to and authorises the Supplier:
    (a) To obtain information about our personal or commercial credit worthiness from our bank and any trade referee disclosed and/or any other credit provider and/or any credit reporting agency for the purposes of assessing whether to grant credit to the Customer or in connection with any guarantee;
    (b) To give a credit reporting agency about our personal or commercial credit arrangements.
    We understand that the information referred to in the credit application can include any information about our credit worthiness, credit standing, credit history or credit capacity that credit providers are allowed to give or receive under the Privacy Act 1988.
14. ENTIRE AGREEMENT: The Supplier’s quotation, the order and acceptance of the Terms and Conditions of Estimate and Standard Conditions of Sale and Delivery, shall be deemed to embody the whole agreement between the parties and all representations, warranties and agreements not expressly contained therein are hereby excluded.
15. DEFINITIONS: In these Terms and Conditions of Sale, unless otherwise stated:
    (a) “Supplier” means each member of the Karreman Group of Companies from which goods are purchased.
    (b) “Customer” includes the person or entity named in the quotation or order and any successors, or permitted licensee or assignee.
    (c) “Goods” includes all goods and/or services supplied and delivered by the Supplier including all relevant documentation;
    (d) “Credit Application” means the credit application signed by the Customer or its agent.
    (e) “Karreman Quarries” means any company in which Dirk Karreman is the Director.