Franz Building Supplies – Terms & Conditions for web.

"FBS" refers to Jacat Nominees Pty Ltd ATF Franz Family Trust T/A Franz Building Supplies and its representatives.
"Customer" means any individual or entity requesting a quote, placing an order, or purchasing goods or services from FBS, including public and trade customers.
"Goods" refers to the products or services supplied by FBS, whether standard, custom-made, or quoted.
"Price" means the agreed amount for the Goods, as quoted, invoiced, or stated, excluding GST unless specified.
"GST" means Goods and Services Tax, as defined within the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

By requesting a quote, placing an order, or accepting delivery of Goods, the Customer agrees to these Terms and Conditions.
Any amendments to these Terms and Conditions must be agreed in writing by both parties.
The Customer acknowledges that any quote provided by FBS is valid for 30 days unless otherwise stated and does not constitute a binding agreement until an order is confirmed.

The Price for the Goods will be:
(a) as quoted by FBS;
(b) as invoiced upon acceptance of an order; or
(c) the Price at the time of delivery, for non-quoted orders.
Payment methods accepted include cash, cheque, bank transfer, or credit card (fees may apply). For any future online payment options, payment processing terms and security will apply as stated on the website.

(a) payment in full prior to delivery, unless otherwise agreed in writing;
(b) payment on delivery for cash sales; or
(c) payment within 30 days of the invoice date for approved account holders.
The Price does not include GST unless stated otherwise. GST and any applicable duties or taxes will be charged in addition to the Price.

Delivery is deemed complete when:
(a) the Customer or their nominated carrier collects the Goods from FBS’s premises; or
(b) the Goods are delivered to the Customer’s nominated address by FBS or its carrier.
Delivery fees may apply and will be included in the quote or invoice where applicable.
FBS is not liable for delays in delivery but will communicate with the Customer to arrange alternate delivery times if required.
If the Customer is unavailable to receive the delivery, FBS reserves the right to charge additional redelivery or storage fees.

Risk of loss or damage to the Goods passes to the Customer upon delivery or collection.
If the Customer requests delivery to an unattended location, the Goods will be left at the Customer’s sole risk.

Ownership of the Goods remains with FBS until the Price is paid in full.
Until ownership passes, the Customer must:
(a) store the Goods in a manner that makes them easily identifiable as property of FBS;
(b) return the Goods upon FBS’s request if payment obligations are not met.

2024 Policies Update: Returns

FRANZ BUILDING SUPPLIES Last Updated: 17 December 2024

The Customer agrees that these Terms and Conditions constitute a security agreement under the PPSA, creating a security interest in all Goods previously supplied and to be supplied in the future by FBS to the Customer.
The Customer agrees to promptly sign any documents or provide any information FBS reasonably requires to register or correct a financing statement or financing change statement on the Personal Property Securities Register. The Customer will also indemnify FBS for all expenses incurred in registering such statements or releasing Goods charged by the PPSA.
The Customer waives their right to receive notices under sections 95, 118, 121(4), 130, 132(3)(d), and 132(4) of the PPSA.
The Customer waives their rights under sections 142 and 143 of the PPSA as a grantor and/or debtor.
The Customer agrees that FBS may enforce any security interest without the Customer’s consent, including entering premises to recover Goods.

In exchange for FBS supplying the Goods, the Customer charges all rights, title, and interest in any land, realty, or other assets owned by the Customer (now or in the future) to secure performance of the Customer’s obligations under these Terms and Conditions, including payment.
The Customer indemnifies FBS against all costs, including legal fees, incurred in enforcing this charge.

The Customer must inspect the Goods on delivery and notify FBS within seven (7) days of any defects, damage, shortage, or failure to comply with descriptions or quotes. Any other defects must be reported as soon as reasonably possible. FBS will inspect the Goods upon notification.
Returns will only be accepted if the Goods are defective, in accordance with Australian Consumer Law (ACL).
Non-defective Goods may be returned at FBS’s discretion, subject to handling fees of up to 20% of the value of the returned Goods, plus any freight costs.

Any designs, drawings, or documents created by FBS remain the property of FBS and cannot be used without express written permission.
The Customer warrants that any designs or specifications provided to FBS will not infringe any intellectual property rights of third parties.

Interest on overdue invoices will accrue daily from the due date at a rate of 2.5% per calendar month, compounded monthly.
The Customer must indemnify FBS against all costs and disbursements incurred in recovering overdue payments.
If the Customer's payment is reversed, they will remain liable for the amount and any costs incurred.

If the Customer breaches any obligation, including payment, FBS may suspend or terminate the supply of Goods to the Customer.
FBS may cancel any contract or delivery of Goods at any time before delivery by providing written notice to the Customer.
The Customer will be liable for any loss incurred by FBS due to cancellation, including loss of profits.
Orders for Goods made to the Customer's specifications cannot be cancelled once production has started or an order has been placed.

FBS may obtain a credit report containing personal credit information about the Customer in relation to credit provided by FBS.
FBS may exchange information with credit providers for the purpose of assessing credit applications or collections.

2024 Policies Update: Returns

FRANZ BUILDING SUPPLIES Last Updated: 17 December 2024

If the Customer is acting as trustee, they covenant that:
(a) the contract extends to all indemnity rights against the Trust and its fund;
(b) the Customer has full authority to enter into the contract, and it will not breach the terms of the Trust.

Failure to enforce any provision does not waive that provision.
These Terms and Conditions are governed by the laws of Western Australia.
FBS may license or assign its rights under the contract without the Customer’s consent