TERMS AND CONDITIONS

Standard Conditions of Sale

1. References in these Standard Conditions to “CavSheds”, “we”, “us” etc. are references to Cavalier Investments Pty Ltd ACN 110 882 258. References to “the Applicant”, “You”, “Customer”, “Bill To” etc. are references to you and your invoices.
2. The Applicant acknowledges and agrees that Cavalier Investments Pty Ltd has the right to recover any amounts owing under this Application notwithstanding that the supply may be from a holding, subsidiary or related company of Cavalier Investments Pty Ltd and/or from a CavSheds site other than the site of the Office.
3. You agree to promptly notify us of any change to your details, including a change of name or ownership of your business.
4. In addition to any other lawful means, any notice or other communication or service of court documents relating to a proceeding arising out of, or as a result of, this agreement may be personally served or performed on you by us by: leaving the notice or document at your last known address; or posting the notice or document to your last known mailing address; or faxing a copy of the notice or document to your last known facsimile number provided that our facsimile machine records a successful transmission.
5. If you place an oral order with CavSheds based on a quotation we give you, and we supply goods to you, then every load delivered forms a separate contract that is subject to the terms of our quotation. If you place a written order based on a quotation we give you and the order involves a series of deliveries, then no contract comes into existence until we give you a written acceptance. However, if, in the interim, we make a delivery, or deliveries, to you before notifying our acceptance in writing of your written order, then each delivery constitutes a separate contract that is subject to the terms of the quotation. Every contract between you and CavSheds is subject only to the terms of our quotation, and no variation of those terms is binding on us unless we agree to it in writing.
6. You must pay us for goods ordered before we deliver them, or at the time of delivery, unless you have an “approved account” with us.
7. You do not have an “approved account” with us unless we notify you in writing to that effect.
8. We reserve the right, at any time and without giving a reason, to withdraw your “approved account” status (“approved account” means that you must pay us within 30 days from the end of the month in which purchases are made).
9. Unless we agree otherwise with you in writing, deliveries will begin within a reasonable time after acceptance of our quotation and terms. In the event of dispute of the contents of any invoice, only the invoice or invoices that are in dispute may be underpaid. You agree to pay all other invoices in full by the due date for payment.
10. You agree to pay interest at the rate of 2% per month on any overdue amounts. Interest accrues daily until those amounts are paid and is payable without further demand.
11. In the event that you fail to pay all invoices on your account by the due date, your account will become overdue and all monies outstanding on the overdue account and on any other account that you, or a related entity has with CavSheds will become immediately due and payable.
12. If any goods or services supplied by us are defective, our liability is limited to replacing the defective goods or resupplying the services. CavSheds is not liable for any consequential loss or damage, including loss of profit, loss of revenue, loss of production, loss of business opportunity, loss of goodwill, loss of business reputation, loss of anticipated savings or profit, economic loss or financial costs, or any indirect, remote or unforeseeable loss you may suffer.
13. A certificate signed by a CavSheds authorised officer setting out details of goods supplied and delivered and/or the amount you owe us (including interest on overdue accounts) is prima facie evidence of these matters.
14. You agree to pay any costs and expenses we incur, including solicitor’s costs on a full indemnity basis, in connection with the recovery or attempted recovery of any money you owe us. In the event that debt recovery becomes necessary, you agree to submit to the exclusive jurisdiction of the Gympie District Courts.
15. All warranties and conditions in relation to goods we supply to you, whether arising by statute or otherwise, are excluded except to the extent that such exclusion is prohibited by statute.
16. No variation of these terms is binding on us unless the variation is in writing and signed by us.
17. Unless we tell you otherwise, our prices for goods supplied by us do not include Goods and Services Tax. You must pay GST payable in relation to the supply of those goods in addition to paying the price for the goods, at the same time as you pay the price for the goods.
18. CavSheds responsibility for delivery of goods ceases at the kerbside of the job address you state in your order. If it is necessary for a vehicle to cross a footpath or to enter private property in the course of making the delivery, you must provide safe and adequate access and have all necessary Council permits. In addition, you agree to indemnify us against any loss or damage we may suffer in connection with crossing a footpath or entering private property.
19. We are not liable for any delay in delivery, or any non-delivery that results from any loss, including, without limitation, plant and delivery-equipment breakdowns and industrial stoppages, or any consequential or prolongation costs that may directly or indirectly occur.
20. We are entitled to charge you for any goods you order but are unable to take delivery of.
21. You authorise CavSheds to obtain credit information from and to give credit information to credit reporting agencies and to use credit information to the extent permitted by the provisions of the Privacy Act 1988 (Cth).
22. You agree that as a condition of CavSheds selling goods on credit to you that:

• You will not own the goods until you have paid all monies owed;
• You will hold the goods on behalf of CavSheds and store them so they are identifiable;
• You authorise CavSheds to enter premises to recover goods and indemnify against claims;
• You may resell goods only as fiduciary agent;
• If goods are incorporated into another product, ownership is shared proportionally and proceeds held in trust.

23. The provisions of the Building Industry Fairness (Security of Payment) Act 2017 (or equivalent) may apply and may be used to resolve disputes.
24. The provisions of the Personal Property Securities Act 2009 (Cth) (PPSA) apply and may be used to protect CavSheds’ interests or recover unpaid goods.
25. You/Guarantor consent to CavSheds registering a security interest on the PPSR and agree to assist in maintaining that registration.
26. You undertake to do anything required to ensure CavSheds’ security interest is perfected and maintained.
27. You must not register competing security interests without written consent.
28. You indemnify CavSheds for costs associated with PPSR registration or enforcement.
29. You agree to contracting out of PPSA provisions where permitted by law and waive rights to certain notices.
30. Where you or a guarantor own land or assets, you agree to charge or mortgage those assets to secure debts and allow CavSheds to lodge caveats where necessary. You indemnify CavSheds for all related costs.
31. Every effort has been made to accurately estimate quantities. However, CavSheds reserves the right to invoice product for the actual steel used, not the estimated quantities.
32. Cavalier Investments Pty Ltd reserves the right, at its sole discretion, to modify or replace these Terms at any time. Any changes will be published on this page. Your continued use of our services following any updates constitutes acceptance of those changes.