Standard Terms and Conditions of Supply

These are the Standard Terms and Conditions of Supply referenced in our website Terms and Conditions and in every quote we issue.

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  1. Any quotation submitted shall only be valid for acceptance for a period of thirty (30) days. Thereafter, any acceptance by the Customer shall be deemed to be a new offer that may be accepted or rejected by the Supplier.
  2. All goods supplied by the Supplier require a 30% deposit to be paid for prior to delivery unless stipulated otherwise in any credit application. The balance of all money owing shall be paid in 30 Days with invoices issued on or before the 25th of the month. Where the Customer fails to pay for the goods in full when due, the Supplier shall be entitled to charge a reasonable fee for the administration of the debt and shall be entitled to reimbursement of all legal costs incurred by the Supplier on a full indemnity basis.
  3. All prices quoted or charged are, unless otherwise stipulated, exclusive of GST. The Customer shall pay GST in addition to any charge imposed by the Supplier at the time of payment for the goods and services.
  4. All goods are received by the Customer subject to inspection within a reasonable time after delivery irrespective of date of payment. The Customer must promptly notify the Supplier of any defects and hold the goods so found until inspected by the Supplier.
  5. The Customer waives any claim for shortage of any goods delivered if a claim in respect for short delivery has not been lodged with the Supplier within fourteen (14) days from the date that the goods are delivered to the Customer. The Customer shall have no right to claim for shortage of goods if those goods are collected from the Supplier’s premises and signed for. For services provided, the Customer must immediately inspect or commission the item the subject of the services. If a claim in respect of defective workmanship it must be lodged within fourteen (14) business days from the date that the services were provided, the Customer waives any entitlement to make any claim. Sit or Stand will honor warranty claims as long as another contractor or individual has not tampered with supplied goods or services.
  6. The Customer must disclose any particular purpose for which the goods or items the subject of the services are intended to be used when making an order or accepting any quotation. Failure to do so shall mean the Customer has acknowledged that the goods or the items the subject of the service may not be suitable for the particular purpose and that the Customer has relied on its own enquiries to satisfy itself that the goods or the items the subject of the service are fit for the intended purpose.
  7. To the extent permitted by law, all representations, warranties, guarantees, implied terms and conditions in relation to the supply of the goods are hereby excluded.
  8. The law implies terms, conditions, warranties or guarantees (“prescribed terms”) into contracts for the supply of goods or services and prohibits the exclusion, restriction or modification of certain terms, conditions, warranties or guarantees. Some prescribed terms permit a supplier to limit its liability for a breach of the prescribed terms. To the extent that the Supplier is not prohibited by law from doing so: (1) the liability of the Supplier in respect of a breach of a prescribed term relating to the goods or any part of the goods is limited at the option of the Supplier to the replacement or repair of the goods or part thereof or payment of the cost of repairing or replacing the goods or any part of the goods; (2) the liability of the Supplier in respect of a breach of a prescribed term relating to the services or any part of the services is limited at the option of the Supplier to the replacement or repair of the services or part thereof or payment of the cost of repairing or replacing the services or any part of the services; (3) in these conditions the Customer does not have under any circumstances any cause of action against or right to claim or recover from the Supplier for, or in respect of, any loss or damage of any kind whatsoever, caused directly or indirectly by: (a) any defect in material or workmanship of, or any other defect whatsoever in, or unsuitability for, any purpose of the products or any part of the products; or (b) by default or negligence on the part of the Supplier or of any employee, contractor or agent of the Supplier or of any person for whom the Supplier has legal responsibility relating to the supply of, or otherwise concerning goods or any part of the goods.
  9. To the extent permitted by law, the Supplier is not liable to the Customer in contract or in tort arising out of, or in connection with, or relating to: (a) the performance of the goods or any breach of these conditions; or (b) any fact, matter or thing relating to the goods or services; or (c) any error (whether negligent or in breach of contract or not) in information supplied to the Customer or a user before or after the date of the Customer’s or user’s use of the goods or services.
  10. The Customer indemnifies and keeps indemnified the Supplier, its servants and agents in respect of any claim or demand made or action commenced by any person (including, but not limited to, the Customer) against the Supplier or, for which the Supplier is liable, in connection with any Loss arising from or incidental to the provision of goods or services, any order or the subject matter of these terms and conditions. This includes, but is not limited to, any legal costs incurred by the Supplier in relation to meeting any claim or demand or any party or party legal costs for which the Supplier is liable in connection with any such claim or demand. This provision remains in force after the termination of these terms and conditions.
  11. These terms and conditions supersede and exclude all prior and other discussions, representations (contract or otherwise) and arrangements relating to the Supplier of the goods or services or any part of the goods or services including, but without limiting the generality of the foregoing, those relating to the performance of the goods or services or any part of the goods or services or the results that ought to be expected from using the goods or services.
  12. Where the Customer is a consumer as the term is defined in the Australian Consumer Law (“ACL”): (1) To the extent that the goods supplied are not of a kind ordinarily acquired for personal, domestic or household use or consumption, then the Supplier’s liability for any failure to comply with a consumer guarantee (as the term is defined in the ACL) is limited to, at the discretion of the Supplier, to replacement, resupply or repair of the goods by the Supplier or the reasonable cost of having the goods replaced, resupplied or repaired. (2) To the extent that the supply is a supply of a service, the Supplier’s liability for failure to comply with a consumer guarantee is limited to, at the discretion of the Supplier, to supplying the service again or the reasonable cost of having a third party supply the service again. (3) The goods come with guarantees that cannot be excluded under the ACL. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
  13. Retention of Title (1) In this clause: (a) “PPSA” means the Personal Property Securities Act 2009 (Cth) (b) “PPSR” means the Personal Property Securities Register (c) “Security Interest” has the meaning prescribed to it pursuant to the PPSA (d) “Purchase money security interest” has the meaning prescribed to it pursuant to the PPSA (e) “Security Agreement” has the meaning prescribed to it pursuant to the PPSA (f) “Commingled Goods” has the meaning prescribed to it pursuant to the PPSA. (2) Title in the goods purchased by the Customer shall not pass to the Customer until payment in full is received. The Customer shall, where practical, store the goods in a safe place separate from other goods. Where the goods supplied are used in a manufacturing process or become commingled goods the Customer shall: (a) where practical, store any item manufactured using the good or commingled goods separate from other goods until the Customer has paid for the goods; or (b) retain the proceeds of sale of the manufactured items or commingled goods on trust for the Supplier and use the proceeds of sale to pay the Supplier for the goods or pay any other money owing to the Supplier. (3) The Customer acknowledges this retention of title clause creates a Security Interest in the goods, any manufactured items, any commingled goods and any proceeds of sale of the goods, manufactured items and commingled goods. Such interest shall be registered by the Supplier on the PPSR at its discretion. The Customer shall not object to such registration. The Supplier shall be entitled to claim the cost of registering the Security Interest and discharging the Security Interest from the Customer which cost shall include reasonable legal fees and any fees payable pursuant to the PPSA or its regulations.
  1. Any quotation submitted shall only be valid for acceptance for a period of thirty (30) days. Thereafter, any acceptance by the Customer shall be deemed to be a new offer that may be accepted or rejected by the Supplier.
  2. All goods supplied by the Supplier require a 30% deposit to be paid for prior to delivery unless stipulated otherwise in any credit application. The balance of all money owing shall be paid in 30 Days with invoices issued on or before the 25th of the month. Where the Customer fails to pay for the goods in full when due, the Supplier shall be entitled to charge a reasonable fee for the administration of the debt and shall be entitled to reimbursement of all legal costs incurred by the Supplier on a full indemnity basis.
  3. All prices quoted or charged are, unless otherwise stipulated, exclusive of GST. The Customer shall pay GST in addition to any charge imposed by the Supplier at the time of payment for the goods and services.
  4. All goods are received by the Customer subject to inspection within a reasonable time after delivery irrespective of date of payment. The Customer must promptly notify the Supplier of any defects and hold the goods so found until inspected by the Supplier.
  5. The Customer waives any claim for shortage of any goods delivered if a claim in respect for short delivery has not been lodged with the Supplier within fourteen (14) days from the date that the goods are delivered to the Customer. The Customer shall have no right to claim for shortage of goods if those goods are collected from the Supplier’s premises and signed for. For services provided, the Customer must immediately inspect or commission the item the subject of the services. If a claim in respect of defective workmanship it must be lodged within fourteen (14) business days from the date that the services were provided, the Customer waives any entitlement to make any claim. Sit or Stand will honor warranty claims as long as another contractor or individual has not tampered with supplied goods or services.
  6. The Customer must disclose any particular purpose for which the goods or items the subject of the services are intended to be used when making an order or accepting any quotation. Failure to do so shall mean the Customer has acknowledged that the goods or the items the subject of the service may not be suitable for the particular purpose and that the Customer has relied on its own enquiries to satisfy itself that the goods or the items the subject of the service are fit for the intended purpose.
  7. To the extent permitted by law, all representations, warranties, guarantees, implied terms and conditions in relation to the supply of the goods are hereby excluded.
  8. The law implies terms, conditions, warranties or guarantees (“prescribed terms”) into contracts for the supply of goods or services and prohibits the exclusion, restriction or modification of certain terms, conditions, warranties or guarantees. Some prescribed terms permit a supplier to limit its liability for a breach of the prescribed terms. To the extent that the Supplier is not prohibited by law from doing so: (1) the liability of the Supplier in respect of a breach of a prescribed term relating to the goods or any part of the goods is limited at the option of the Supplier to the replacement or repair of the goods or part thereof or payment of the cost of repairing or replacing the goods or any part of the goods; (2) the liability of the Supplier in respect of a breach of a prescribed term relating to the services or any part of the services is limited at the option of the Supplier to the replacement or repair of the services or part thereof or payment of the cost of repairing or replacing the services or any part of the services; (3) in these conditions the Customer does not have under any circumstances any cause of action against or right to claim or recover from the Supplier for, or in respect of, any loss or damage of any kind whatsoever, caused directly or indirectly by: (a) any defect in material or workmanship of, or any other defect whatsoever in, or unsuitability for, any purpose of the products or any part of the products; or (b) by default or negligence on the part of the Supplier or of any employee, contractor or agent of the Supplier or of any person for whom the Supplier has legal responsibility relating to the supply of, or otherwise concerning goods or any part of the goods.
  9. To the extent permitted by law, the Supplier is not liable to the Customer in contract or in tort arising out of, or in connection with, or relating to: (a) the performance of the goods or any breach of these conditions; or (b) any fact, matter or thing relating to the goods or services; or (c) any error (whether negligent or in breach of contract or not) in information supplied to the Customer or a user before or after the date of the Customer’s or user’s use of the goods or services.
  10. The Customer indemnifies and keeps indemnified the Supplier, its servants and agents in respect of any claim or demand made or action commenced by any person (including, but not limited to, the Customer) against the Supplier or, for which the Supplier is liable, in connection with any Loss arising from or incidental to the provision of goods or services, any order or the subject matter of these terms and conditions. This includes, but is not limited to, any legal costs incurred by the Supplier in relation to meeting any claim or demand or any party or party legal costs for which the Supplier is liable in connection with any such claim or demand. This provision remains in force after the termination of these terms and conditions.
  11. These terms and conditions supersede and exclude all prior and other discussions, representations (contract or otherwise) and arrangements relating to the Supplier of the goods or services or any part of the goods or services including, but without limiting the generality of the foregoing, those relating to the performance of the goods or services or any part of the goods or services or the results that ought to be expected from using the goods or services.
  12. Where the Customer is a consumer as the term is defined in the Australian Consumer Law (“ACL”): (1) To the extent that the goods supplied are not of a kind ordinarily acquired for personal, domestic or household use or consumption, then the Supplier’s liability for any failure to comply with a consumer guarantee (as the term is defined in the ACL) is limited to, at the discretion of the Supplier, to replacement, resupply or repair of the goods by the Supplier or the reasonable cost of having the goods replaced, resupplied or repaired. (2) To the extent that the supply is a supply of a service, the Supplier’s liability for failure to comply with a consumer guarantee is limited to, at the discretion of the Supplier, to supplying the service again or the reasonable cost of having a third party supply the service again. (3) The goods come with guarantees that cannot be excluded under the ACL. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
  13. Retention of Title (1) In this clause: (a) “PPSA” means the Personal Property Securities Act 2009 (Cth) (b) “PPSR” means the Personal Property Securities Register (c) “Security Interest” has the meaning prescribed to it pursuant to the PPSA (d) “Purchase money security interest” has the meaning prescribed to it pursuant to the PPSA (e) “Security Agreement” has the meaning prescribed to it pursuant to the PPSA (f) “Commingled Goods” has the meaning prescribed to it pursuant to the PPSA. (2) Title in the goods purchased by the Customer shall not pass to the Customer until payment in full is received. The Customer shall, where practical, store the goods in a safe place separate from other goods. Where the goods supplied are used in a manufacturing process or become commingled goods the Customer shall: (a) where practical, store any item manufactured using the good or commingled goods separate from other goods until the Customer has paid for the goods; or (b) retain the proceeds of sale of the manufactured items or commingled goods on trust for the Supplier and use the proceeds of sale to pay the Supplier for the goods or pay any other money owing to the Supplier. (3) The Customer acknowledges this retention of title clause creates a Security Interest in the goods, any manufactured items, any commingled goods and any proceeds of sale of the goods, manufactured items and commingled goods. Such interest shall be registered by the Supplier on the PPSR at its discretion. The Customer shall not object to such registration. The Supplier shall be entitled to claim the cost of registering the Security Interest and discharging the Security Interest from the Customer which cost shall include reasonable legal fees and any fees payable pursuant to the PPSA or its regulations.