The Lock & Roll Terms and Conditions
"Additional Charges" includes all delivery, handling and storage charges, goods and services tax (GST), stamp duty, interest, legal and other costs of recovery of unpaid money and all other government imposts and all money, other than the Purchase Price, payable by the Customer to Company arising out of the sale of the Goods.
"Customer" means the person to or for whom the Goods are to be supplied by Company.
"Goods" means the goods sold to the Customer by
Company and includes any services provided by Company to Customer.
"Company" means Lock & Roll Franchising Pty Ltd ATF Lock & Roll Franchising Unit Trust ABN 75 939 370 943 of 38 Redfern St, Wetherill Park NSW 2164.
"PPSA" means the Personal Property Securities Act 2009 (Cth)
"Purchase Price" means the GST exclusive list price for the goods as charged by Company at the date of delivery or such other price as may be agreed by Company and the Customer prior to delivery of the Goods.
2. Order for Goods
2.1.2 the Goods are supplied by Company in accordance with the order.
2.2 An acceptance of the order by Company is then to be an acceptance of these Terms by Company and the Customer and these Terms will override any conditions contained in the Customer's order. Company reserves the
right to accept a part only of any order by notifying the Customer in writing or by delivering the Goods to the Customer. No order is binding on Company until accepted by it.
2.3 An order which has been accepted in whole or in part by Company cannot be cancelled by the Customer without obtaining the prior written approval of Company, which it may refuse in its absolute discretion. In such circumstance, Company may levy a handling charge of up to 10% of the Purchase Price.
3.1 Components or materials not manufactured by Company will be covered by the manufacturer's warranty (if any).
3.2 Any claims to be made against Company for short delivery of Goods must be lodged with Company in writing within 7 days of the delivery date. Notification of defective goods must be advised to Company within 7 days of Customer becoming aware of the defect and in any event within 30 days of delivery.
3.3 Company is not responsible for any damage caused through adaptation or incorrect fitting or servicing of Goods.
3.4 Company is not responsible for glass broken during the repair and maintenance of windows, doors or conservatories as the condition of the edge of the glass remains unknown until the glass is removed and the glass may be subject to cracking for reasons outside Company's control.
3.5 Due to the inherent difficulty in sourcing the cause of a leak or draught, the Company cannot guarantee the cure of a leak or draught. The Company will analyse leaks or draught problems and, to the best of its ability, will make curative recommendations.
3.6 Company liability is limited to, to the extent permissible by law and at Company's option;
3.6.1 in relation to the Goods:
iv. The payment of the cost of having the products repaired
3.6.2 Where the Goods are services:
ii. the payment of the cost of having the services supplied again.
3.7 Any claims to be made against Company for short delivery of Goods must be lodged with Company in writing within 7 days of the delivery date.
3.8 To the extent permitted at law, all other warranties whether implied or otherwise, not set out in these Terms or in any other Company approved documentation are excluded and Company is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate Customer for:
4.2 Risk in accepting the Goods passes on delivery to the Customer. Delivery occurs when the Goods leave our factory, or, if delivered by Company, at the time of arrival of the Company's vehicle at the place of delivery.
4.4. Return of Goods will not be accepted by Company except by prior agreement in writing with Company. Any Goods returned will be subject to a restocking charge of 10% of the Purchase Price of those Goods.
5. Price and Payment
5.1 The Customer must pay the Purchase Price and the Additional Charges to Company.
5.2 If the Customer is in default, Company may at its option withhold further deliveries or cancel a contract without prejudice to any of its existing rights.
5.3 All payments are due upon completion of the job or by prior agreement in writing with Company.
Interest is charged at the rate of 1.5% per month or part of a month from the expiry of that period until the date payment is received by Company.
5.4 All amounts payable by the Customer under these Terms must be paid without set-off or counter claim of any kind.
5.5 All estimates and quotes are price PLUS GST
6. Retention of Title
6.1.2 until the Goods have been sold by the Customer in the ordinary course of the Customer's business, the Customer holds the Goods as bailee for Company;
6.1.3 the Goods are always at the risk of the Customer.
6.2 The Customer is deemed to be in default immediately upon the happening of any of the following events:
6.2.2 if the Customer ceases to carry on business or stops or suspends payment or states its intention of so doing or is unable to pay its debts as they fall due or if any cheque or bill of exchange drawn by the Customer payable to Company is dishonoured;
6.3 In the event of a default by the Customer, then without prejudice to any other rights which Company may have at law or under this agreement:
6.3.3 if the Goods cannot be distinguished from similar Goods which the Customer has or claims to have paid for in full, Company may in its absolute discretion seize all goods matching the description of the Goods and hold same for a reasonable period so that the respective claims of Company and the Customer may be ascertained. Company must promptly return to the Customer any goods the property of the Customer and Company is in no way liable or responsible for any loss or damage to the Goods or for any loss, damage or destruction to the Customer's business howsoever arising from the seizure of the Goods.
6.3.4 In the event that the Customer uses the Goods in some manufacturing or construction process of its own or some third party, then the Customer must hold such part of the proceeds of sale of such manufacturing or construction process as relates to the Goods in trust for Company. Such part will be an amount equal in dollar terms to the amount owing by the Customer to the Company at the time of the receipt of such proceeds. The Customer will pay Company such funds held in trust upon the demand of Company.
7.2 Company and the Customer acknowledge that these Terms constitute a Security Agreement and entitle the Company to claim a Purchase Money Security Interest ("PMSI") in favour of Company over the Collateral supplied or to be supplied to the Customer as Grantor pursuant to these Terms
7.3 The goods supplied or to be supplied under these Terms fall within the PPSA classification of "Other Goods" acquired by the Customer pursuant to these Terms.
7.4 Company and the Customer acknowledge that Company, as Secured Party, is entitled to register its Security Interest in the Collateral supplied or to be supplied to Customer pursuant to these Terms on the PPS Register.
7.5 To the extent permissible at law, the Customer:
7.5.4 agrees to waive its right to do any of the following under the PPSA:
18.104.22.168 receive notice of an intention to seize Collateral under section 123;
22.214.171.124 object to the purchase of the Collateral by the Secured Party under section 129;
126.96.36.199 receive notice of disposal of Collateral under section 130;
188.8.131.52 receive a Statement of Account if there is no disposal under section 132(4);
184.108.40.206 receive a Statement of Account under section 132(3)(d) following a disposal showing the amounts paid to other Secured Parties and whether Security Interests held by other Secured Parties have been discharged.
220.127.116.11 receive notice of retention of Collateral under section 135;
7.5.5 All payments received from the Customer must be applied in accordance with section 14(6)(c) of the PPSA.
8.1.1 inform any third party involved of these Terms;
8.1.2 inform any third party of the Company's product warranties if any; and
8.1.3 not make any misrepresentations to third parties about the Goods.
10.2 These Terms contain all of the terms and conditions of the contract between the parties and may only be varied by agreement in writing between the parties.
10.4 No waiver of any of these Terms or failure to exercise a right or remedy by Company will be considered to imply or constitute a further waiver by Company of the same or any other term, condition, right or remedy.