1. Interpretation
1.1 In these Terms:
● “Company” means Point Source Solutions Pty Ltd ATF Point Source Solutions Trading
Trust.
● “Customer” means the purchaser or hirer of Goods or Hired Goods from the Company.
● “Goods” means all goods sold and/or delivered by the Company to the Customer.
● “Custom Built” means goods made to order or modified from standard production.
● “Indent” means items procured from overseas or interstate vendors specifically for the
Customer’s order, not held locally.
● “Hired Goods” means goods provided by the Company to the Customer under a hire or
rental agreement.
● “Invoice Price” means the total amount specified in the Company’s invoice or quotation
for the Goods or Hired Goods.
● “Delivery” means the transfer of physical possession of the Goods or Hired Goods to
the Customer, whether at the Customer’s premises or another agreed location.
● “Hire Period” means the duration for which the Hired Goods are provided to the
Customer, as specified in the hire agreement or quotation.
● “Terms” means these terms and conditions of sale and hire.
2. Application
2.1 These Terms apply to all contracts for the sale or hire of Goods or Hired Goods by the
Company.
2.2 No amendment, alteration, waiver, or cancellation of any of these Terms is binding on the
Company unless confirmed by the Company in writing.
2.3 The Customer acknowledges that no employee or agent of the Company is authorized to
make any representation, warranty, or promise regarding the Goods or Hired Goods other than
as expressly stated in these Terms or confirmed in writing by an authorized representative of the
Company. This clause does not limit the Customer’s statutory rights under the Competition and
Consumer Act 2010 (Cth).
3. Prices
3.1 Prices are determined at the time of order and are subject to change prior to payment of the
deposit. The Company will notify the Customer of any price change before finalizing the
contract, and the Customer may cancel the order without penalty if the price increase exceeds
10% of the quoted price.
4. Payment
4.1 Payments are to be made to the Company without any deduction or discount other than as
stated in these Terms or in the relevant invoice or quotation.
4.2 A deposit of 50% of the Invoice Price must be paid when placing an order for Custom Built
or Indent Goods. Where other deposit terms are specified in the quotation, invoice, or
statement, those terms must be adhered to.
4.3 Where Goods are ordered with specific requirements selected by the Customer, any
specialised components or parts must be paid for in full at the time the deposit is paid.
4.4 The balance of the Invoice Price must be paid in full before Delivery unless otherwise stated
in the relevant invoice or quotation.
4.5 Interest is payable on all overdue accounts at a rate of 10% per annum, calculated daily
from the date due for payment until payment is received by the Company, unless otherwise
agreed in writing.
5. Delivery
5.1 The Customer must, within 5 days of being notified of their availability, collect or accept
Delivery of the Goods and pay the balance of the Invoice Price.
5.2 If the Customer fails to collect the Goods or accept Delivery within 21 days of being notified
of their availability, the Company may terminate the contract, retain the deposit, and resell the
Goods.
5.3 In addition to clause 4.5, the Company reserves the right to charge the Customer storage
fees for Goods not collected or delivered within 5 days of notification of their availability at the
rate of $40.00 ex GST per week or part thereof, per order.
5.4 The Company reserves the right to deliver the Goods in whole or in instalments, as well as
to deliver prior to the date for Delivery, and the Customer must not refuse to take Delivery of the
Goods.
5.5 Any failure by the Company to deliver instalments within any specified time does not entitle
the Customer to repudiate the contract with regard to the balance remaining undelivered.
6. Title
6.1 Legal and beneficial ownership of the Goods will not pass to the Customer until the Goods
have been paid for in full in cash or cleared funds.
6.2 The Customer agrees to do all things necessary, including providing information or signing
documents, to enable the Company to register its interest in the Goods on the Personal
Property Securities Register under the Personal Property Securities Act 2009 (Cth).
7. Risk and Insurance
7.1 The Goods are entirely at the risk of the Customer from the moment of Delivery or collection,
even though title in the Goods has not passed to the Customer at that time.
7.2 The Customer must, at its own expense, maintain comprehensive insurance coverage for
the Goods for the benefit of the Company against theft, breakdown, fire, water, and other risks
from the moment of Delivery or collection until title in the Goods has passed to the Customer.
The insurance policy must name the Company as an insured party or loss payee and be
evidenced by a certificate of insurance provided to the Company upon request.
8. Inspection
8.1 Unless the Customer has inspected the Goods and given written notice to the Company
within 7 days after collection or Delivery that the Goods do not comply with the relevant
specifications or descriptions, the Goods are deemed to have been accepted in good order and
condition. This clause does not limit the Customer’s statutory rights under the Competition and
Consumer Act 2010 (Cth).
9. Cancellations
9.1 No order may be cancelled, modified, or deferred without the prior written consent of the
Company (at its sole discretion). If consent is given, the Customer must reimburse the Company
for all reasonable losses, including loss of profits, and pay a cancellation fee of up to 20% of the
Invoice Price, calculated as a genuine pre-estimate of the Company’s losses.
10. Limited Liability
10.1 These Terms do not exclude or limit the rights, entitlements, and remedies conferred by the
Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law (ACL).
10.2 To the extent permitted by law, the Company is not liable for any consequential loss or
damage arising from any delay in Delivery or fault or defect in the Goods. The Customer
acknowledges that the Company is not responsible for ensuring the Goods comply with any
applicable safety standards or regulations, except as required by the ACL.
10.3 Where statutory provisions under the ACL or other laws apply to the contract between the
Company and the Customer (Contract), the Company’s liability is limited, at its option, to:
(a) replacement or repair of the Goods or the supply of equivalent Goods; or
(b) payment of the cost of replacing or repairing the Goods or acquiring equivalent Goods.
This limitation does not apply to consumer guarantees under the ACL that cannot be excluded.
11. Warranty
11.1 All Goods supplied are covered by such warranties as are specified by the manufacturer
and supplied subject to the product standards detailed by the manufacturer.
11.2 On discovery of any defect in the Goods, the Customer must immediately notify the
Company in writing of such defect. The Customer must not carry out any remedial work to
alleged defective Goods without first obtaining the written consent of the Company.
11.3 The Customer acknowledges that the Company does not exclude or limit any consumer
guarantees or other statutory rights under the Competition and Consumer Act 2010 (Cth) or
other applicable laws.
11.4 The Customer acknowledges that it has not relied on any advice given by the Company, its
employees, agents, or representatives regarding the suitability of the Goods for any purpose,
unless such advice is expressly included in the Contract. This clause does not limit the
Company’s liability for misleading or deceptive conduct under the Competition and Consumer
Act 2010 (Cth).
12. Display and Samples
12.1 Any display product or sample inspected by the Customer is solely for the Customer’s
convenience and does not constitute a sale by sample.
13. Contract
13.1 The terms of the Contract are wholly contained in these Terms and any other writing signed
by both parties. The Contract is deemed to have been made at the Company’s place of
business where an order was placed, and any cause of action is deemed to have arisen there.
14. Hire or Rental of Goods
14.1 In these Terms, terms specific to the hire or rental of Hired Goods are as defined in the
relevant hire agreement or quotation, if applicable.
14.2 The hire or rental of Hired Goods is subject to these Terms and any additional terms
specified in the relevant hire agreement or quotation provided by the Company. In the event of
any inconsistency, the terms of the hire agreement or quotation shall prevail.
14.3 The Customer must pay the hire or rental fees as specified in the hire agreement or
invoice, without any deduction or discount, unless otherwise agreed in writing by the Company.
14.4 The Customer must, at its own expense, maintain comprehensive insurance coverage for
the Hired Goods for the entire duration of the Hire Period, from the moment of Delivery or
collection until the Hired Goods are returned to or collected by the Company. The insurance
policy must:
(a) Cover the full replacement value of the Hired Goods against loss, theft, damage, fire, water,
and other risks;
(b) Name the Company as an insured party or loss payee for the Hired Goods;
(c) Be with a reputable insurer acceptable to the Company; and
(d) Be evidenced by a certificate of insurance provided to the Company prior to the
commencement of the Hire Period, upon request.
14.5 The Customer is responsible for all risks associated with the Hired Goods from the moment
of Delivery or collection until their return to the Company, including but not limited to loss, theft,
damage, or destruction, regardless of whether title remains with the Company.
14.6 The Customer must use the Hired Goods only for their intended purpose, in accordance
with any instructions or specifications provided by the Company, and must maintain the Hired
Goods in good condition, normal wear and tear excepted.
14.7 The Customer must not modify, repair, or alter the Hired Goods without the prior written
consent of the Company. Any unauthorized modifications or repairs will be at the Customer’s
expense, and the Customer will be liable for any resulting damage or reduction in value of the
Hired Goods.
14.8 Upon termination or expiry of the Hire Period, the Customer must return the Hired Goods to
the Company in good order and condition (normal wear and tear excepted) at the Customer’s
expense, unless otherwise agreed in writing. If the Customer fails to return the Hired Goods
within 5 days of the Hire Period’s end, the Company may:
(a) Charge additional hire fees at the standard rate until the Hired Goods are returned or
recovered;
(b) Enter any premises where the Hired Goods are located to recover them, as per clause 15.1;
and/or
(c) Hold the Customer liable for the full replacement cost of the Hired Goods if they are not
returned or are returned in an irreparable condition, less any insurance proceeds received by
the Company under the policy required by clause 14.4.
14.9 The Company reserves the right to inspect the Hired Goods at any time during the Hire
Period, and the Customer must provide reasonable access to the premises where the Hired
Goods are located for this purpose.
14.10 If the Hired Goods are lost, stolen, or damaged beyond repair during the Hire Period, the
Customer must immediately notify the Company in writing and pay the full replacement cost of
the Hired Goods, in addition to any outstanding hire fees, unless covered by the insurance
required under clause 14.4.
14.11 The Customer may not sub-hire, transfer, or assign the Hired Goods or any rights under
the hire agreement without the prior written consent of the Company, which is at the Company’s
sole discretion.
15. Right to Enter Premises
15.1 In the circumstances referred to in clauses 6, 7, or 14, the Customer:
(a) authorizes the Company, its agents, or representatives to enter, at all reasonable times and
in accordance with applicable laws, any premises where the Goods or Hired Goods are located
to collect them, without being guilty of trespass; and
(b) assigns to the Company all the Customer’s rights to enter and remain on such premises until
all Goods or Hired Goods have been collected.
16. Force Majeure
16.1 The Company will not be liable for any breach of contract due to any matter or thing
beyond the Company’s control, including but not limited to transport stoppages, transport
breakdown, fire, flood, earthquake, acts of God, strikes, lock-outs, work stoppages, wars, riots
or civil commotion, intervention of public authority, explosion, or accident.
17. Waiver of Breach
17.1 No failure by the Company to insist on strict performance of any of these Terms is a waiver
of any right or remedy which the Company may have, and is not a waiver of any subsequent
breach or default by the Customer.
18. No Assignment
18.1 Neither the Contract nor any rights under the Contract may be assigned by the Customer
without the prior written consent of the Company, which is at the Company’s absolute discretion.
19. Severability
19.1 If any provision contained in these Terms is held by a court to be unlawful, invalid, or
unenforceable, the validity and enforceability of the remaining provisions are not affected.
20. Governing Law
20.1 These Terms and the Contract, including any non-contractual disputes arising out of or in
connection with them, shall be governed by the law of Queensland, and the parties submit to
the non-exclusive jurisdiction of the courts of Queensland.
21. Travel
21.1 If any travel is required for the works herein or for the Goods or Hired Goods supplied
under the Contract, and provision of such travel is by the Company, such travel shall be invoiced
to the Customer at the discretion of the Company. Travel included in quotation documents from
the Company will be amended to actual cost and billed on final invoices.
21.2 Where travel arrangements are made by the Customer, for and on behalf of the Company,
such travel is deemed part of the Contract and is not billable back to the Company. This travel
will be deemed necessary for the provision of services by the Company for the Customer.
Provision of travel by the Customer for the Company must comply with clause 21.3.
21.3 Where the Customer or the Customer’s third-party representative arranges travel for the
Company, and the travel exceeds 6 hours in duration with duties to be performed within 18
hours of arrival at the service location, such travel must be booked in Premium Economy or a
higher class. If the travel does not meet this standard, the Company may, at its discretion,
upgrade the booking to Premium Economy or higher, with any additional costs invoiced to the
Customer on the final invoice. The Company may waive this requirement in writing at its
discretion.
22. Consumer Guarantees
22.1 If the Customer is a consumer as defined by the Australian Consumer Law, nothing in
these Terms excludes, restricts, or modifies any consumer guarantees or remedies available
under the Competition and Consumer Act 2010 (Cth).
23. Terms
23.1 By conducting in business with Point Source Solutions, the Customer or Hirer agrees to be bound by these Terms and Conditions.