Terms and Conditions for the Supply of Goods

Scope

These Terms and Conditions apply to the supply of Goods by the Supplier to the Fairmont Homes Group Pty Ltd and related Bodies Corporate (Fairmont Group) unless specifically excluded or varied by the Fairmont Group in writing.

Subject to clause 1, these Terms and Conditions operate to the exclusion of all other terms and conditions proposed or notified by the Supplier at any time.

These Terms and Conditions do not provide any guarantee that the Fairmont Group will place an Order with the Supplier.

The Fairmont Group reserves its right to refuse to accept delivery of the Goods if they are not provided in accordance with these Terms and Conditions.

Supplier’s Obligations

The Supplier agrees that the Goods and any equipment used to deliver the Goods are:

• free from defect and of consistent and merchantable quality and workmanship;
• fit for the purpose for which the Goods would ordinarily be used and for any purpose which the Fairmont Group makes known to the Supplier;
• adequately packaged and marked to ensure their safe and secure transportation and protection from the elements;
• accompanied by any relevant instructions, technical documentation, operating and service manuals and applicable warranties in accordance with Australian Consumer Law;
• conform to any legally applicable standards and comply with all relevant legislation;
• delivered in accordance with the Order placed by the Fairmont Group and in accordance with any other instructions provided from time to time by the Fairmont Group;
• not supplied in breach of any applicable patent, registered design or copyright.

The Supplier agrees:

• to comply with all relevant Work Health and Safety laws, regulations and codes of practice in the supply and delivery of the Goods.
• to ensure that any personnel, employees, contractors or workers engaged by the Supplier to deliver or supply the Goods are:
  • competent and experienced and where necessary, hold appropriate qualifications;
  • exercise all due care, skill and ability;
  • carry out the supply and delivery of the Goods in good faith and to a high standard and in a manner that is consistent with good commercial practice;
  • comply with all relevant requirements of the Fairmont Group;
  • comply will all applicable Work Health and Safety laws, regulations and codes of practice; and
  • are insured for workers compensation and public liability purposes.
• to ensure that all relevant and necessary permits regarding the supply and delivery of the Goods are obtained.
• to keep accurate records relating to the provision of the Goods and make such records available for inspection by Fairmont Group within 5 business days of receipt of a request in writing by the Fairmont Group.
• to ensure that the Goods and the delivery of the Goods are appropriately and adequately insured until such time as full and unencumbered ownership has passed to the Fairmont Group.
• to issue a valid Tax Invoice for the supply of Goods immediately after delivery or within 14 business days of delivery of the Goods.
• to keep confidential, all confidential information relating to the Fairmont Group, including the details of supply price and quantity of the Goods and any information relating to the delivery of the Goods, for so long as that information remains confidential to the Fairmont Group.
• to be responsible for and bear all risk associated with the Goods until such time as the Goods have been received and accepted by the Fairmont Group at which point risk in the Goods shall pass to the Fairmont Group.

The Fairmont Groups’ Obligations:

The Fairmont Group will:

• inspect the Goods supplied and notify the Supplier as soon as possible after taking delivery if it considers the Goods do not meet the requirements of the Order placed or the Terms and Conditions set out herein. This clause does not apply to any latent defects.
• meet payment of the Supplier’s invoice within 31 days of the end of the calendar month in which the Fairmont Group receives a valid Tax Invoice and subject to the Supplier meeting its obligations in accordance with these Terms and Conditions.
• be entitled to deduct from any amount due to the Supplier any amount for which the Supplier is liable to the Fairmont Group.

Variation and Entire Agreement

These Terms and Conditions can only be varied if the change is agreed in writing by the Fairmont Group and constitutes the entire agreement between the parties notwithstanding any prior agreement or communication relating to the subject matter.

These Terms and Conditions shall prevail in the event of any conflict with the provisions of any other documentation save and except for a written agreement expressly amending these Terms and Conditions.

Severability

Any provision of these Terms and Conditions that is held to be unenforceable shall be deemed to be severed without affecting the enforceability of the remaining provisions.

Governing laws

The Terms and Conditions are governed by the laws of South Australia and are subject to the jurisdiction of the courts in South Australia.

Definitions

Australian Consumer Law means the law that commenced on 1 January 2011 as the national consumer law which applies in all states and territories.

Confidential Information means any information that is Confidential to the Fairmont Group or as notified to the Supplier as being confidential.

Goods means the goods described on the Order form issued to the Supplier by an authorised officer or agent of the Fairmont Group.

Order means any request for the supply of Goods in a format approved by the Fairmont Group whether in electronic, written or other form.

Supplier means the person or entity from whom the Fairmont Group has requested the supply of Goods.

Tax Invoice means any invoice issued in accordance with relevant GST laws.

Terms and Conditions means the conditions set out in this document, as amended from time to time.

Work Health and Safety means any relevant and applicable occupational or work health and safety laws and in particular the Work Health and Safety Act 2012 (SA).