TERMS AND CONDITIONS OF TRADE

1. General

These Terms and Conditions of Trade (“Terms”) apply to the supply and sale of all scaffolding systems, components, accessories, and related goods (“Goods”) by Lite A Scaffold (“Seller”) to any person or entity (“Client”). By requesting a quote, placing an order, or accepting delivery of Goods, the Client agrees to be bound by these Terms.

2. Quotes and Orders

2.1 All quotes are valid for 30 days from the date of issue unless otherwise stated or withdrawn earlier.
2.2 The Seller reserves the right to accept or reject any order at its discretion.
2.3 Orders for non-stock, custom, or special-order items may require a non-refundable deposit prior to confirmation.

3. Price and Payment

3.1 Prices are subject to change without notice. The price payable is the price current at the date of delivery unless otherwise agreed in writing.
3.2 Non-Account Clients: Full payment is required prior to collection or delivery.
3.3 Account Clients: Approved account holders must pay invoices 30 days from end of month unless otherwise agreed in writing.
3.4 Overdue Accounts: The Seller may charge interest on overdue amounts at 2.5% per month, calculated daily. The Client is responsible for all costs incurred by the Seller in recovering overdue amounts, including debt collection and legal costs.

4. Delivery and Risk

4.1 Risk of loss or damage to the Goods passes to the Client immediately upon delivery or collection.
4.2 Delivery is deemed to occur when Goods are collected by the Client or delivered to the Client’s nominated address or site.
4.3 Any delivery times provided are estimates only. The Seller is not liable for delays or any resulting loss, including downtime or loss of income.
4.4 Where delivery is arranged via third-party transport providers, the Seller accepts no responsibility for loss, damage, or delays once the Goods leave the Seller’s control.

5. Inspection, Returns, and Warranties

5.1 Inspection: The Client must inspect Goods upon delivery. Any claims for shortages, defects, or damage must be made in writing within 48 hours of delivery.
5.2 Warranties: Goods may be subject to manufacturer warranties where applicable. The Seller is not the manufacturer but will assist the Client with warranty claims in accordance with the manufacturer’s terms.
5.3 Change of Mind: Returns for non-defective Goods are at the Seller’s sole discretion. Approved returns must be unused, in original packaging, and may be subject to a restocking fee of up to 15%.
5.4 Australian Consumer Law: Nothing in these Terms excludes or limits rights or remedies available under the Australian Consumer Law.

6. Retention of Title and PPSA

6.1 Ownership of the Goods remains with the Seller until full payment of all amounts owing by the Client has been received.
6.2 Until ownership passes, the Client holds the Goods as bailee and must store them so they are clearly identifiable as the Seller’s property.
6.3 The Client grants the Seller a security interest in the Goods and their proceeds under the Personal Property Securities Act 2009 (Cth) (“PPSA”), constituting a Purchase Money Security Interest (PMSI).
6.4 In the event of default, the Seller may enter the Client’s premises (where lawful) to recover the Goods without liability for trespass.

7. Limitation of Liability

To the fullest extent permitted by law, the Seller’s liability is limited to the replacement or repair of the Goods or the supply of equivalent Goods. The Seller is not liable for any indirect or consequential loss, including loss of profit, revenue, or business opportunity.

8. Jurisdiction

These Terms are governed by the laws of New South Wales, Australia, and the parties submit to the exclusive jurisdiction of the courts of New South Wales.