TERMS AND CONDITIONS OF CONTRACT FOR SUPPLY OF GOODS AND WORKS as of 1st of January 2022.
All prices are excluding goods and services tax.
These Terms and Conditions replace and supersede all previous Terms and Conditions issued by Western Sydney Building Supplies Pty Ltd and associated companies (ABN: 82 641 190 016).
1. DEFENITIONS
1.1 In these Terms and Conditions:
(a) Contract means the contract created in accordance with clause 4;
(b) Delivery Offer means the delivery offer, which sets out the terms and conditions on which the Supplier delivers Goods, and which is available on request from the Suppliers locations;
(c) Goods means goods, products and materials supplied by the Supplier under the contract;
(d) Purchaser means the person, film or Company that agrees to purchase the Goods or Works.
(e) Supplier means Western Sydney Building Supplies Pty Ltd.
(f) Writing means hard copy, signed by a person authorised in writing; or electronic, transmitted by a person authorised in writing.
2. QUOTATION AND PRICING
2.1 The supplier may at any time and at its absolute discretion accept or reject in whole or in part any request from the Purchaser for a Quotation.
- A Quotation is valid for a period of 30 days from the date of quotation, unless the Supplier specifies in writing otherwise. Any Quotation may be withdrawn earlier by notice from the Supplier at its absolute discretion.
- The Supplier reserves the right to withdraw, change or re-issue a Quotation if supply of the quoted Goods and/or Works does not start within 30 days after the date of the Quotation.
- The price quoted is subject to Purchase ordering the whole quantity of the Goods and Works described in the Quotation.
3. ESCALATION AND PRICE VARIATION
3.1 In addition to its rights in clause 2 or any rights under the contract, the supplier may increase or decrease the contract price of goods and/or works during the term of the contract where it incurs an increase or decrease in its costs of supplying the goods and/or works.
4. THE CONTRACT
4.1 An order or offer to purchase goods and/or works can be made by the purchaser in writing or verbally.
- An order or offer made by the purchaser does not constitute a binding contract until the supplier has accepted such order or offer in accordance with these terms and conditions.
- An order of offer made by a purchaser is accepted by the supplier only if the supplier:
- Formally accepts the order by written acknowledgment; or
- Delivers the ordered goods and/or works described in the order or offer, whichever occurs first.
- The purchaser is not entitled to cancel or change part or all of any order or offer accepted by the supplier, unless the supplier consents in writing.
- Previous dealing between the supplier and the purchaser have no effect on the contract.
- The contract constitutes the entire agreement between supplier and purchaser with respect to the goods supplied or works provided.