SUPAMAXX AUSTRALIA PTY LTD – TERMS AND CONDITIONS OF SALE & INSTALLATION
ABN 92 157 749 374
These Terms and Conditions (“Terms”) apply to all Quotations, sales, supply of Goods and/or Services, and installation works carried out by Supamaxx Australia Pty Ltd (“Supamaxx”). By accepting a Quotation or placing an order, the Purchaser agrees to be bound by these Terms.
1. QUOTATION VALIDITY
1.1 Unless otherwise stated in writing, all Quotations are valid for 30 days from the date of issue.
1.2 Prices may change without notice after the validity period expires.
1.3 The Quotation Price is based solely on the Goods and/or Services expressly stated in the Quotation.
1.4 Unless expressly included, the following are excluded from all Quotations:
Delay costs, permits, redesign, engineering, or council approvals
Underground scanning or non-destructive digging
Works arising from hidden or unforeseen site conditions
2. GOODS AND SERVICES TAX (GST)
2.1 All prices are exclusive of GST unless expressly stated otherwise.
2.2 GST is payable by the Purchaser on all taxable supplies in accordance with applicable GST legislation.
3. TRANSFER OF TITLE, RISK & PPSA
3.1 Title in all Goods remains with Supamaxx until full payment has been received.
3.2 Risk in the Goods passes to the Purchaser upon delivery or dispatch, as applicable.
3.3 In the event of any payment default, Supamaxx may enter the Purchaser’s premises to recover Goods without notice.
3.4 The Purchaser acknowledges that Supamaxx holds a security interest under the PPSA and:
Authorises registration of that interest on the PPS Register;
Waives its right to receive verification statements under s157 PPSA;
Agrees that ss95, 121(4), 125, 130, 132(3)(d), 132(4) and 135 PPSA do not apply;
Must provide all information required to perfect or enforce the security interest.
3.5 Goods will not be deemed fixtures for PPSA purposes until 14 days after full payment is made.
3.6 The Purchaser must procure written acknowledgement from any property owner or mortgagee, as required, to protect Supamaxx’s interest.
4. DELIVERY
4.1 Where installation is not included, delivery is deemed complete once Goods are dispatched from Supamaxx premises.
4.2 Where installation is included, delivery is complete once installation is finished and Goods are operational.
4.3 If the Purchaser is unable to accept delivery:
Payment terms still apply;
Storage fees of 0.5% of the Contract Price per month and handling charges will apply.
4.4 If commissioning or test runs cannot occur within 14 days due to delays outside Supamaxx’s control, Supamaxx’s obligations are deemed fulfilled.
4.5 Supamaxx will reasonably attempt to meet requested delivery times but makes no guarantee.
4.6 Supamaxx is not liable for delays caused by factors beyond its control.
5. INSPECTION AND ACCEPTANCE
5.1 The Purchaser must inspect Goods upon delivery and before installation.
5.2 Signing a delivery docket or acceptance document constitutes acceptance of the Goods.
6. INSTALLATION SERVICES
6.1 Where installation is included, the Purchaser must:
Provide accurate drawings or clearly mark all underground services;
Acknowledge that Supamaxx accepts no liability for damage to unmarked services;
Accept liability for such damage and associated costs;
Understand footing drawings are indicative only and may vary based on site conditions.
6.2 Variations will apply where:Underground objects or obstructions require redesign or additional works;
Additional labour, machinery, or materials are required;
Works occur outside Standard Site Hours;
Site inductions exceed one hour per worker;
Access to power, water, or reasonable site access is restricted;
Delays occur outside Supamaxx’s control;
Repeat site visits are required;
Concrete cutting, rock excavation, trenching, or similar works are required;
Any unforeseen conditions arise.
7. PAYMENT TERMS
7.1 Part payments or deposits are applied first to service costs, then to Goods.
7.2 Supamaxx may issue weekly progress claims for completed works and delivered Goods.
7.3 Progress claims are payable within 7 days unless otherwise agreed in writing.
7.4 Goods must be paid for in full prior to dispatch or immediately upon installation completion.
7.5 Goods will not be left onsite without full payment or approved credit terms.
7.6 Custom orders require a 35–50% deposit, with the balance payable before shipment.
7.7 Retentions are not accepted unless agreed in writing.
7.8 All payment claims are issued in accordance with applicable Building and Construction Industry Payments Acts.
8. RETURNS & CANCELLATIONS
8.1 Returns are accepted only within 30 days of invoice where marked “Returns Permitted”.
8.2 A 15% restocking fee applies to all approved returns.
8.3 Custom-made, fabricated, or non-stocked items are non-returnable.
8.4 Return freight is the Purchaser’s responsibility.
9. SITE WORKING HOURS
9.1 The Purchaser must provide access to power, water, hoisting, ablution facilities, and secure storage unless otherwise agreed.
9.2 Standard Site Hours are:
7:00am–5:00pm Monday to Friday
8:00am–2:00pm Saturday
9.3 Additional charges apply for site restrictions, union requirements, delays, or additional site visits.
10. WARRANTIES
10.1 Supamaxx warrants Goods for 12 months from supply or installation.
10.2 Labour is warranted for 3 months within a 60-minute radius of Supamaxx offices.
10.3 Warranties exclude:
Fair wear and tear;
Misuse, neglect, or accidental damage;
Acts of God;
Corrosion due to environmental exposure;
Indirect or consequential loss.
10.4 If Supamaxx does not perform installation, Goods must be installed strictly in accordance with Supamaxx instructions.
10.5 The Purchaser acknowledges that:Goods are suitable for their intended purpose;
They rely on their own judgement;
No fitness-for-purpose warranty applies beyond what is expressly stated.
11. INTELLECTUAL PROPERTY
11.1 All drawings, specifications, and documents remain the property of Supamaxx.
11.2 The Purchaser must not copy, reproduce, or disclose Supamaxx’s IP without written approval.
12. DISPUTE RESOLUTION
12.1 Disputes must be notified in writing within 5 business days of the issue arising.
12.2 Parties must appoint a representative to meet within 10 business days to attempt resolution.
12.3 If unresolved within 20 business days, either party may refer the dispute to arbitration in Victoria under IAMA Rules.
12.4 Contract obligations must continue during any dispute.
13. TIME BAR FOR CLAIMS
13.1 Claims must be submitted in writing within 7 days of the event, detailing the nature and estimated quantum.
13.2 Notices are deemed received two business days after posting by registered mail.
14. GENERAL
14.1 This Contract is governed by the laws of Victoria.
14.2 These Terms and the Quotation constitute the entire agreement.
14.3 Supamaxx provides no warranty for advice unless expressly stated.
14.4 The Purchaser indemnifies Supamaxx against claims arising from performance of the Services unless due to Supamaxx’s wilful misconduct.
14.5 Invalid clauses may be severed without affecting the remainder.
14.6 Freight is excluded unless expressly included.
14.7 In the event of conflicting documents, these Terms take precedence unless otherwise agreed in writing.
15. DEFINITIONS
Business Day: Any day excluding weekends, public holidays, and 27–31 December.
Contract: These Terms and the accompanying Quotation.
Default: Includes non-payment or seizure of Goods by another party.
Supamaxx: Supamaxx Australia Pty Ltd (ABN 92 157 749 374).
PPSA: Personal Property Securities Act 2009.
Goods: All items supplied by Supamaxx.
Site: The location of delivery and/or installation.
16. STANDARD EXCLUSIONS
Unless expressly included, the following are excluded from all Quotations:
Underground utility scanning
Boundary surveys
Non-destructive digging
As-built drawings
Geotechnical reports
Work permits
Rock drilling
Traffic control or observers
Earthing, cabling, trenching
Footings for gates
Access control
Delay costs not caused by Supamaxx
Rubbish removal
240V electrical connections
17. CANCELLATION & RESTOCKING
17.1 Orders may be cancelled only with prior written approval.
17.2 Orders under $10,000 incur a $50 restocking fee.
17.3 Orders over $10,000 may attract higher cancellation or restocking charges depending on customisation and production status.
17.4 Fees must be paid before refunds or credits are processed.
17.5 Returned Goods must be unused, in original packaging, and resaleable.
17.6 Custom-manufactured or altered products are strictly non-returnable and non-refundable.
18. UNDERGROUND SERVICES
18.1 Supamaxx accepts no liability for damage to underground services—including electrical, data, water, gas or similar—during drilling or excavation.
18.2 The Purchaser is responsible for:
Identifying and marking all underground services;
Providing written confirmation of known services;
Engaging certified locating services or Dial Before You Dig.
18.3 Failure to disclose such information may result in safety hazards, delays, or additional costs payable by the Purchaser.
9. INSTALLATION ON COUNCIL OR PUBLIC LAND
19.1 Supamaxx accepts no liability for installations on council-owned or public land.
19.2 The Purchaser is solely responsible for obtaining all required approvals, permits, and permissions.
19.3 Any fines, penalties, or removal costs arising from unauthorised works are the Purchaser’s responsibility.
20. INSTALLATION NEAR FIRE EXITS
20.1 The Purchaser is responsible for identifying all fire exits and ensuring the installation complies with fire and building regulations.
20.2 Supamaxx accepts no liability for the placement of bollards that obstruct emergency egress or breach safety regulations.
20.3 By proceeding with installation, the Purchaser confirms all necessary approvals and risk assessments have been completed.