Terms and Conditions

The Purchaser acknowledges that they are aware of these Terms and Conditions of sale and further that they agree to these Terms and Conditions of sale as follows:

  1. General
    1. Any order for the purchase of goods placed by a Purchaser will incorporate these Terms and Conditions of sale and any conditions contained in the Purchaser’s order are excluded, unless expressly agreed to in writing by the Seller.
    2. The Seller reserves the right to vary these terms and conditions at any time by written notice.
    3. In these Conditions, goods means the goods that the Seller proposes to sell or has sold to a Purchaser, being (where relevant) the goods described on a tax invoice, and a reference to goods includes any services.
    4. The Seller in these conditions means Rapid Structures. The Purchaser means the person, firm or company to whom the tax invoice is submitted.
    5. The Seller is a supplier of shelter products to residential and commercial industries therefore shall not be regarded as a subcontractor.
  2. Governing Law and Jurisdiction
    This agreement shall be deemed to be entered into by the parties hereto in the State of Queensland and any action with respect to the terms, conditions and stipulations hereof shall be vested in the jurisdiction of the Courts of the State of Queensland.
  3. Acknowledgement
    The Purchaser acknowledges and declares that he or she has read these terms and conditions and fully understands the same.
  4. Payment
    1. Terms of Trading are strictly full payment prior to delivery.
    2. Failure to make payment of any monies owing on the due date will constitute a Breach of Contract and the Seller may treat the whole Contract as repudiated and act accordingly.
  5. Delivery
    Delivery and/or performance of the contract is subject to the ability of the Seller to obtain products from its normal source of supply. The Seller reserves the right to cancel or postpone delivery due to war, acts of terrorism, strikes, lockouts, unavailability and/or any other causes beyond its reasonable and practicable control.
  6. Unloading
    1. Unless otherwise stated in writing delivery is to a depot or site.
    2. In the event of the Seller’s vehicles entering upon any property at the request of the Purchaser, the Seller will not accept responsibility for damage to that property whatsoever.
    3. Product will be delivered to unattended sites upon the Purchaser’s request only upon the following basis:
      1. products will be unloaded from the delivery vehicle at the location considered by the Seller to be the correct location, and
      2. once unloaded the materials shall be deemed to have been delivered.
  7. Claims for wrongful delivery
    The Purchaser agrees to check all materials received against delivery documents immediately upon unloading at destination. No claim for shortages or improper or defective materials will be recognised by the Seller unless notified within forty-eight (48) hours. Any claim which the Purchaser does not notify within that time (time being of the essence) will be taken to have been absolutely waived.
  8. Use of Products
    The Seller will not be liable for any claim resulting from the use of the Purchaser of any improper, defective or damaged products or incorrect or lack of anchoring and no claim will be allowed on account of any Purchaser for returned materials unless authorised by the Seller.
  9. Misuse of Products
    The Seller accepts no responsibility for any claim resulting from improper use of the products supplied or incorrect or lack of anchoring. The cost involved in rectification of any damage to work either in progress or completed by any other trades will be at the Purchaser’s cost.
  10. Errors or Omissions
    The Seller has the right to rectify errors or omissions at its own expense within a reasonable time after notification by the Purchaser.
  11. Return of Products
    Refer to Returns Policy.
  12. Risk and Property
    Risk in the goods passes to the Purchaser once the goods leave the Sellers premises or when the Purchaser collects the goods or arranges for their collection from the Seller then delivery will be deemed to occur on collection of the goods from the Seller directly by the Purchaser or the Purchasers arranged freight provider.
  13. Indemnity
    The Purchaser agrees to indemnify the Seller against any losses or expenses incurred as a result of the Purchasers loss arising out of the delivery, possession, use or failure of goods whether or not due to the negligence of the Seller or its employees. We will not accept any responsibility for any consequential or indirect loss or damage suffered by the Purchaser as a result of damaged, faulty or rejected goods, including but not limited to loss of profits.
  14. Disclaimer
    The Purchaser acknowledges they take on all risks concerning the correctness of the information provided by the Seller to the Purchaser including but not limited to general, descriptive or typographical errors. The Seller takes no responsibility for nor accepts liability for any such errors or omissions on information provided.