1. Definitions and Interpretation
1.1 In these conditions:
a) Customer means the person or entity named in the Invoice or quotation;
b) Goods mean any products and parts and components manufactured or supplied by BBU, its agents or contractors during the provision of Services;
c) GST means goods and services tax in accordance with A New Tax System (Goods and Services Tax) Act 1999 (Cth);
d) Invoice means the invoice issued by BBU, its agents or contractors for the supply of Goods or the provision of Services;
e) Order means any order for Goods and/or Services placed by the Customer with BBU, including accepting a quotation;
f) BBU means BBU Pty Ltd ACN 636 130 535; and
g) Services mean all design, installation, maintenance, repairs or other services provided by BBU, its agents or contractors in relation to any Goods or services referred to in the Invoice.
1.2 Only these conditions, and conditions which cannot be excluded by law, bind BBU. All other conditions (including any conditions attached to the Customer’s purchase order or Customer’s acceptance of a written quotation) are excluded.
1.3 Any special conditions specified in the quotation shall, to the extent they are inconsistent with these conditions, take precedence over these conditions.
2.1 Once an Order has been accepted by BBU, the contract formed by that acceptance cannot be cancelled by the Customer. Acceptance may be by signing the quotation or verbal acceptance after receipt of quotation.
2.2 The supply of Goods and Services by BBU is subject to availability.
2.3. BBU reserves the right, at any time and for any reason, to suspend or discontinue the supply of Goods or the provision of Services to the Customer without penalty. If BBU is unable to supply all of the Customer’s Order, these and conditions will continue to apply to any part of the Order supplied.
3.1. Where a quotation has been given by BBU, the price or rate is that specified in the quotation. The price for any other Goods provided or Services supplied will be in accordance with the BBU price list or labour rate current at the date of supply, which are listed on BBU’s website – bbu.com.au.
3.2 Where progress payments apply, a separate Invoice will be raised for each progress payment in accordance with the billing schedule in the quotation.
3.3 Unless otherwise specified, all prices are inclusive of GST and any GST applicable to the supply of Goods and or provision of Services will be indicated on the Invoice produced to the Customer.
3.4 All pricing assumes Services will be carried out during normal business hours and weekdays. Additional rates will apply outside these hours or days if requested by the Customer. Time or dates for completion of Services are estimates only and do not bind BBU.
3.5 BBU reserves the right to vary the price if a variation to the quotation is requested. Any variation (including, but not limited to, as a result of additional Services required due to unforeseen circumstances) will be charged in accordance with current rates and will be shown as variations on the Invoice. Failure of the Customer to respond to any variation issued by BBU within five days will entitle BBU to add the cost of the variation to the price.
4.1 The Customer must make payment in accordance with the payment terms outlined on the Invoice or quotation.
4.2 A surcharge may be applied to all payments by credit card.
4.3 Time is of the essence in respect of the Customer’s obligation to make payment for Goods and Services supplied by BBU to the Customer.
5. Title and Risk in Goods
5.1 The title and ownership in the Goods remain with BBU until full payment is received for all the Goods.
5.2 The affixing of Goods to any part of the Customer’s assets or property does not have the effect of making the Goods a fixture and is severable by BBU.
5.3 The Customer indemnifies BBU, its employees, agents and contractors for any costs of removal, claims, actions and causes of action of any kind in respect of the removal of Goods under clause 5.2.
5.4 Risk in the Goods passes to the Customer on collection by the Customer.
6.1 Subject to clause 7, BBU warrants against:
a) Defective Goods supplied for a period of 3 years from the date the Goods are supplied (Goods Warranty); and
b) Defective workmanship for Services for a period of 24 months from the date the Services are provided (Services Warranty).
6.2 Any claim under the Goods Warranty or the Services Warranty must be notified to BBU as soon as possible after the Customer becomes aware of the defect providing all relevant details of the claim.
6.3 Extended warranties may be available direct from the manufacturer – refer to BBU’s
6.4 Any warranty given by BBU, whether pursuant to these conditions or at law may be voided if the Customer fails to adhere to any instructions, advice or warnings provided by BBU, whether given verbally, in writing or on BBU’s website, relating to, amongst other things, transportation, storage, maintenance and cleaning of craft and their components and materials.
7. Limitation of Liability
7.1 Other than the warranties set out in these conditions and other than warranties which otherwise cannot be excluded by law (such as those in the Competition and Consumer Act), BBU excludes any other warranty or condition which would otherwise be implied in relation to the supply of Goods and the provision of Services. To the extent permitted by law, BBU limits its liability to:
a) in the case of Goods supplied:
i. the replacement or repair of Goods or supply of equivalent goods; or
ii. the payment of the cost of replacing or repairing the Goods or of acquiring equivalent goods;
b) in the case of Services:
i. the supply of Services again; or
ii. the payment of the cost of having Services supplied again.
7.2 Certain Goods supplied by BBU, may be covered by a written warranty. To the extent permitted by law, such a warranty is in substitution of all other terms, conditions, warranties and representations, express or implied by statute or otherwise.
7.3 Subject to this clause 7, BBU is not liable for any injury, loss or damage of any kind whatsoever which is consequential, special, indirect or otherwise arising out of or in connection with the supply of Goods or the provision of Services, even if due to negligence of BBU, its employees, agents or contractors.
7.4 Neither party is liable for the consequences of any act or omission which arises as a result of a circumstance beyond the party’s reasonable control.
8. Insurance and Security
8.1 BBU will take reasonable steps to secure Customer’s craft whilst in BBU’s possession or control, but Customers must at all such times carry insurance for their craft for all usual risks, including theft, loss and damage and BBU will not be responsible for providing any such insurance.
9. Right to transport Craft
9.1 BBU reserves the right to transport Customer’s craft to BBU’s facility in Geelong (or other places) to carry out all or part of the Services.
10. Cancellation and Recovery of Debt
10.1 If the Customer does not make any payment by the due date on the Invoice or commits any other material breach of these conditions, BBU may (without limiting any other right or claim it may have against the Customer), do any or all of the following:
a) charge the Customer interest at a rate equivalent to two percent (2%) in excess of the rate of interest for the time being fixed under Section 2 of the Penalty Interest Rates Act 1983 on any portion of the Customer’s account that is overdue;
b) cancel or suspend any incomplete Orders or cease providing Services;
c) terminate any contract between BBU and the Customer and demand immediate payment of any monies due and outstanding under that contract; and
d) institute any recovery process as BBU in its absolute discretion considers necessary and at the Customer’s cost and expense.
11. Governing Law
11.1 These conditions are governed and interpreted according to the laws of Victoria, and BBU and the Customer agree to submit to the jurisdiction of the Courts of Victoria.
12.1 BBU may amend these conditions at any time by posting an amended copy on BBU’s website and providing a copy to the Customer when an Order is placed for the supply of Goods or provision of Services. The Customer agrees to be bound by these conditions as amended.
12.3 The invalidity or enforceability of any provision of these conditions shall not affect the validity or enforceability of the remaining provisions.
The failure by BBU to enforce, at any time or any period of time, any term of any contract incorporating these conditions shall not constitute waiver of such term and shall in no way affect its right to enforce it.