GENERAL

The following terms shall have the following meanings when used in these general Terms and Conditions:

• "The Company" refers to RMR & Co Pty Ltd t/as Southside Waterproofing Supplies, which purchases Goods from a supplier.

• "Goods" means any goods, products, materials or services.

• "Order" means a purchase order issued by the Company to the Supplier for the supplier of Goods.

• "Supplier" means any person, firm, company, association or other body, which supplies Goods to the Company pursuant to an Order.

• "Valid Tax Invoice" means a Tax Invoice within the meaning of the A New Tax System (Goods and Services Tax) Act 1999.

The following general terms and conditions of purchase ("General Terms") shall be incorporated into all Orders entered into by the Company and the Supplier for the supply of Goods to the Company. Where there is any inconsistency between these General Terms and any special terms and conditions, which are agreed to by the Company and Supplier in writing, the special terms, and conditions shall, to the extent of the inconsistency, prevail.​

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WARRANTIES

The Supplier warrants to the Company that the Goods:

• shall conform in all respects with the specifications, drawings, samples or other descriptions furnished by or accepted by the Company and any other requirements of an Order;

• shall be fit for the purpose made known to the Supplier by the Company or which ought to be reasonably known to the Supplier; 

• shall be of merchantable quality, free from defects in materials, workmanship and design;

• shall be new unless otherwise specified in the Order;

• shall be free of all charges, liens and encumbrances and that the Supplier has a good and marketable title to them; and 

• have been manufactured in accordance with all applicable legislative requirements.

Unless the Purchase Order states otherwise. the warranty period shall expire twelve (12) months after the date of first placing the Goods into service or twenty-four (24) months after Order delivery, whichever is the latter. This does not diminish any responsibilities of the supplier in the Sales of Goods Act.

During the warranty period the Supplier shall. as its sole expense. repair or replace defective Goods. If a defect is not repaired or replaced within a reasonable time frame. the Company may carry  out the repair or replacement at the Supplier's expense.

In the event that the Supplier replaces any defective Goods and does not at the same time arrange for the return of the defective Goods, no responsibility for the defective Goods shall rest upon the Company and it may dispose of them after a reasonable time, however it sees fit.

The Supplier further warrants that the sale or use of the Goods or any part thereof does not infringe or contribute to the infringement of any third party's Australian or foreign country patent, trademark, copyright, design or other proprietary right. The Supplier shall indemnify the Company against any loss or damage (including legal fees and other costs associated with defending an action) arising a breach of this warranty.

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DELIVERY AND RISK

Goods shall be delivered in accordance with the delivery terms specified in the Order.

The risk of loss or damage to the Goods the subject of an Order shall remain with the supplier until the Goods are delivered to the delivery point specified in the Order and a Company officer or representative at that delivery point signs for receipt of the Goods

The Company shall accept no liability for Goods delivered to the destination(s) other than that specified in an Order. The Supplier shall be liable for any difference in freight charges or other costs arising from the failure to follow any delivery instructions in the Order.

The Supplier warrants that it will transfer to the Company full-unencumbered title to the Goods. Title shall pass to the Company at the time when the Goods are ordered, identified solely for use in the Purchase Order, or delivered. Such Goods shall be be appropriately marked as being the property of the Company. The Goods remain at the risk of the Supplier until delivered to the Company in accordance with the Purchase Order.

 If, due to circumstances beyond the Suppliers control, the Order cannot be supplied by the due date the Supplier shall advise the Company in writing to this effect and take all possible action to provide the required items with minimum delay. The Company may however, under these circumstances, elect to cancel the Purchase Order and use any other source available to secure the delayed items. In which case the Supplier shall be liable to pay the Company the extra costs incurred in securing alternative supply.

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​HAZRDOUS SUBSTANCES

The Supplier's personnel shall clearly state whether any Goods being offered for sale to the Company or which are the subject of an Order contain any asbestos or other hazardous substances and shall provide full details of the extent of such content.

Prior to delivery of any hazardous Goods as prescribed in Worksafe Australia List of Designated Hazardous Substances NOHSC:10005(1994) to premises occupied by or on behalf of the Company, the Supplier shall supply Safety Data Sheets containing information required for the safe handling, storage and application of the Goods. Packaging, storage and conveyance of such Goods shall be in accordance with the provisions of the Dangerous Goods Act, the Australian Dangerous Goods Code (ADG Code) and AS 2391-dangerous Goods, as appropriate.

Where performance of an Order involves materials classified as dangerous or hazardous goods the Supplier shall ensure that delivery dockets/notes, packing lists and the like are marked accordingly and that each individual container shall be packaged, labelled and handled in accordance with the relevant Australian Standards, including as 1216. 1 - 1984 and AS 3780 - 1994.