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TERMS & CONDITIONS

Empire Materials Co Pty Ltd
ABN 26 659 060 401
Trading as Empire Windows
 

1. Definitions

Empire, we, us means Empire Materials Co Pty Ltd ABN 26 659 060 401.

Customer means any person or entity acquiring goods or services from Empire.

Goods means all windows, doors, glazing systems and associated products supplied by Empire.

Credit Terms means the terms contained in Empire’s Commercial Credit Account Application & Terms of Trade.

2. Application of These Terms

2.1 These Terms & Conditions apply to all quotations, orders and supply of Goods by Empire.

2.2 Where a Customer has completed and been approved under a Credit Application, the Credit Terms apply in addition to these Terms and will prevail to the extent of any inconsistency.

2.3 By placing an order, the Customer agrees to be bound by these Terms.

3. Quotations

3.1 Quotations are valid for 30 days unless otherwise stated.

3.2 A quotation does not constitute a binding contract until accepted in writing by Empire.

3.3 Empire may withdraw or amend a quotation prior to acceptance.

4. Pricing & GST

4.1 All prices are in Australian Dollars.

4.2 Prices exclude GST unless stated otherwise.

4.3 Empire may vary pricing where:

• Specifications change

• Site conditions differ from those represented

• There are increases in material or supplier costs

5. Payment Terms

5.1 Standard Terms (Non-Approved Accounts)

Unless a Credit Account has been approved in writing:

• 50% deposit is payable prior to manufacture.

• The balance must be paid in full prior to delivery.

No Goods will be delivered until payment is received.

5.2 Approved Credit Accounts

Where a Credit Account has been approved:

• 50% deposit is payable prior to manufacture.

• The balance is due strictly 14 days from the scheduled delivery date.

The scheduled delivery date:

• Is the date nominated by Empire in writing; or

• If no date is nominated, is deemed to be 14 days from invoice date.

The payment due date is not extended due to:

• Site delays

• Access issues

• Builder postponement

• Construction delays

• Any event outside Empire’s control

If delivery is postponed at the Customer’s request after Goods are ready, Empire may invoice immediately and payment remains due in accordance with these Terms.

5.3 No Set-Off

All payments must be made in full without deduction, counterclaim or set-off.

6. Interest & Default

6.1 Overdue amounts may incur interest at the higher of:

• 12% per annum; or

• 4% above the RBA cash rate

Calculated daily.

6.2 The Customer indemnifies Empire for all recovery costs including legal fees on a full indemnity basis and collection agency costs.

6.3 Empire may suspend supply immediately if any amount is overdue.

6.4 If the Customer becomes insolvent or breaches these Terms, all monies owing become immediately due and payable.

7. Delivery & Risk

7.1 Delivery dates are estimates only.

7.2 Risk in the Goods passes upon:

• Delivery to site; or

• Collection from Empire’s premises.

7.3 Empire is not liable for delay caused by:

• Supply chain disruptions

• Weather

• Site readiness issues

• Builder delays

• Events beyond reasonable control

7.4 Storage charges may apply where delivery is delayed at the Customer’s request.

8. Retention of Title

8.1 Ownership of Goods remains with Empire until full payment of all monies owing by the Customer.

8.2 Until payment is received in full, the Customer:

• Holds the Goods as bailee for Empire

• Must keep Goods separately identifiable

• Must not grant any security interest over the Goods

8.3 Empire may register and enforce a security interest under the Personal Property Securities Act 2009 (Cth).

9. Credit Accounts & Guarantees

9.1 Credit terms are granted at Empire’s discretion.

9.2 Where a Credit Application is approved:

• The Customer is bound by the Credit Terms.

• Any director guarantees, charges over property, or security interests set out in the Credit Terms apply.

9.3 Empire may vary, suspend or withdraw credit at any time without notice.

10. Limitation of Liability

10.1 Nothing in these Terms excludes or limits any rights under the Australian Consumer Law.

10.2 To the extent permitted by law, Empire’s liability is limited to:

• Replacement of Goods; or

• Repair of Goods; or

• Refund of the purchase price.

10.3 Empire is not liable for indirect, consequential or economic loss.

11. Installation

Where installation is provided:

• The Customer must ensure safe and adequate site access.

• Empire is not responsible for damage caused by structural defects or site conditions.

12. Intellectual Property

All drawings, specifications and designs remain the property of Empire and must not be reproduced without written consent.

13. Variation

Empire may amend these Terms from time to time. Updated Terms will apply to all future orders.

14. Governing Law

These Terms are governed by the laws of Australia.

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