An agreement is made between the Company and the Customer for the purchase of the products as specified in an Order (“Agreement”) if and when the Company issues an order confirmation to the Customer in respect of that Order.
Except to the extent otherwise explicitly agreed in writing, these Conditions (together with any applicable product warranties), along with the Terms and Conditions of website, govern the entire relationship between the Company and the Customer in connection with the provision of the Products. In the event of an inconsistency between the terms of Conditions of Sale and the Terms and Conditions of Website, the Terms and Conditions of Sale will prevail.
The price payable by the Customer to the Company for the Product(s) is the price specified in the order confirmation.
Basis of Payment
All orders for Products must be paid in full at the time of order placement.
If the order is cancelled, all monies received will be returned excluding the applicable cancellation fee.
The Company will deliver and the Customer will receive the product(s) at the street frontage of the address specified in the order confirmation within the time specified in the Order.
The Company may charge waiting time if the carrier is delayed at the Client's site for more than one hour for reasons beyond the carrier's control.
If the carrier cannot identify the Customer’s site because the delivery address is inadequate or not clearly identifiable, the product will be returned to the Company and the Customer will be charged a re-delivery fee.
The Customer is responsible for ensuring the delivery site is safe.
Risk & Title
The Company retains ownership of the product until it is paid for in full.
Risk in the product passes to the Customer on delivery.
The Company warrants that the products will be of merchantable quality, fit for purpose, and manufactured in accordance with the relevant product specifications that apply from time to time.
Limitation of Liability and Indemnity
If the Customer is not a Consumer, the Company shall not be liable in any circumstances:
i for any defects in the Goods & Work unless the Client notifies the Company within 30 days of the date of delivery of the materials,
ii for any Consequential Loss; and
iii for any Loss arising from materials supplied by the Company being placed or installed by others.
To the extent permitted by the Australian Consumer Law, the Company's total aggregate liability in all circumstances is limited (to the extent permitted by law) to the amount paid by the Customer for the Products.
To the maximum extent permitted by law, the Customer hereby indemnifies and forever holds harmless the Company from all Losses caused or contributed to by any negligent and/or wilful act or omission or any breach of these Conditions by the Customer.
Limitation of Liability – Australian Consumer Law
If the Customer is a Consumer and any of the Goods supplied by the Company are not goods of a kind ordinarily acquired for personal, domestic or household use or consumption, the Customer agrees that the Company's liability for a failure to comply with a consumer guarantee under the Australian Consumer Law in relation to those Goods (other than a guarantee under sections 51(title), 52(undisturbed possession) and 53(undisclosed securities)), is limited to, at the option of the Company, one or more of the following:
i the replacement of the Goods or the supply of equivalent goods;
ii the repair of the Goods;
iii the payment of the cost of replacing the Goods or of acquiring equivalent goods; or
iv the payment of the cost of having the Goods repaired.
If the Client is a Consumer and any of the services supplied by the Company are not services of a kind ordinarily acquired for personal, domestic or household use or consumption, the Company's liability for a failure to comply with a consumer guarantee under the Australian Consumer Law in relation to those Work services is limited to, at the option of the Company:
i the supply of the services again; or
ii the payment of the cost of having the services supplied again.
If the performance of any part of the order is prevented by force majeure, the Company shall be excused performance, provided the Company uses its best endeavours to remove such cause(s) of non-performance, and shall continue performance without delay when the cause(s) are removed.
(Severance) If any provision of these conditions shall be determined by any court to be illegal, invalid, void or voidable the legality of the remaining provisions shall not be affected and the illegal, void or voidable provision shall be deemed deleted and the remainder shall continue in full force and effect.
(Waiver) A right may only be waived in writing, signed by the party giving the waiver.
(Governing law). This contract is governed by the laws of Western Australia.
Definitions and Interpretation
“Australian Consumer Law” means the Competition and Consumer Act 2010 (Cth).
“Customer” means the customer named in the Order.
“Company” means Thiess Bros Pty Limited (ABN 77 00 053 010) t/as the The Home Insulation Team
“Conditions” means these conditions.
“Consequential Loss” means loss of revenue, loss of profits, loss of anticipated savings or business, loss of data, loss of value of equipment (other than cost of repair), loss of opportunity or expectation loss and any form of consequential, special, indirect, punitive or exemplary loss or damages, however it arises (including as a result of negligence).
“Consumer” has the meaning in the Australian Consumer Law.
“Loss” means any liability, however it arises (including as a result of negligence) and includes any loss, claim, damage, demand, injury or death and a fine or penalty imposed by a statutory or other authority.
“Order” means the order received from the Customer via the website.
“Site” means the location for supply of the Product, as specified in the Order.