Terms and Conditions

DISCLAIMER

• Radiant Enterprise is committed to Quality, however in the event of goods being manufactured incorrectly, Radiant will remanufacture the goods. Radiant will not be liable for associated costs whatsoever. Goods must be checked by the Purchaser prior to installation.

• Radiant will not accept responsibility for any damage or loss in transit once delivery of material has been taken by the client’s representative/transporter/ courier

• Doors of widths greater than 1200mm with dura cote or PLY face will have a visible joint in the door face.

• The price quoted includes for all above as stated. Installers will clean the designated work area after they finish and put the rubbish in the bin provided by the builder.

• Radiant will not accept any form of back charges related to general cleaning as we are NOT a cleaning Company.

• Radiant will not be responsible for the door once the painting has been completed. Any abnormality in the doors that will jeopardize the painting must be informed prior to painting.

• Purchaser must ensure that the painter has treated the door and it is the responsibility of the painter to prepare the door as specified prior to painting.

• Any add on to doors must be prepared and finished before painting.

• No retention on hardware and payment upfront for hardware order.

PAYMENT TERMS

Invoices: All invoices are claims made under the Building and Construction Industry Security of Payment Act 1999.

General: PAYMENTS 30 DAYS FROM DATE OF INVOICE TO APPROVED CUSTOMERS. FOR NON ACCOUNT CUSTOMERS PAYMENTS ARE TO BE MADE PRIOR TO ORDER / MANUFACTURE

Labour to Install: Labour will be paid on an invoice basis which would be due 30 days from the date of invoice. It will not be included within the progress claims.

Retention: Bank Guarantee. No Retention for jobs under $20,000.

Back charges: Not applicable

Variations: Carried out on written approvals only

Specifications: The Specifications shown on this quotation supersede all other specifications. If this for any reason doesn’t meet your requirements, inform us and the quotation will be revised. If this quote is accepted and an order placed, materials will be manufactured to the specifications shown on this quotation and therefore this quotation will form part of the contract, if the job is awarded to Radiant Enterprise (NSW) Pty Ltd.

Final Certification: Final Certificates will only be issued by Radiant when final payment is received up until that point an interim certificate will be issued by Radiant with an expiry date.

CONFIDENTIALITY CLAUSE

The technical, pricing and other information contained in this submission (“Information”) is proprietary to Radiant Enterprise (NSW) Pty Ltd (“the Company”, which expression shall extend to include any related corporation, its contractors and agents), is confidential, trade sensitive and is submitted solely for evaluation purposes and for the purpose of allowing the Company to participate in the assessment process (“the Purpose”).
Your acceptance of this submission is an acceptance of the following:

1. The information shall be kept strictly confidential and shall not be photocopied or reproduced in any way and otherwise shall be used solely for the purpose.

2. The information shall not be disclosed, either directly or indirectly, to any third party without the prior consent of the Company including to any competitor of the Company and in particular any competitor involved in this assessment process provided that, subject to paragraph 3, the information may be released to relevant consultants/principals on a need-to-know basis.

3. Where, with the Company’s consent, the Information is disclosed to a third party for a purpose reasonably connected with the purpose, it will be a condition of that consent (whether so stated or not) that such third party accept and acknowledge to be bound by these confidentiality obligations.

We reserve the right to negotiate an equitable adjustment to the terms and conditions applicable to this contract/order and to the prices under which the work is to be provided if there is imposed on us or its input cost the burden or any taxation change in the form of a consumption tax, new wholesale tax or similar which is not to be fully reimbursed to us.

Ownership of goods remains with Radiant Enterprise (NSW) Pty Ltd until full payment is received. Unless mutually agreed no retention is accepted. However, no retention is allowed for installation charges and for orders less than $20,000. Acceptance of quotation indicates agreement to these terms.

TERMS & CONDITIONS OF SALE

1. General

1.1  All goods supplied by Radiant Enterprise (NSW) Pty Ltd, P O Box 5001, Minto, 2566 shall be supplied upon the following terms and conditions.

1.2  No subsequent order or correspondence or communication will vary these Terms and Conditions unless such Variations are acknowledged in writing by Radiant
Enterprise (NSW) Pty Ltd.

2. Interpretation

2.1  For the purpose of these Terms and Conditions:

Supplier – means Radiant Enterprise (NSW) Pty Ltd, P O Box 5001, Minto, 2566.

Purchaser – means any person, firm or corporation who requests the supply of goods by the Supplier.

Warp, Twist or Show Through – means any allowable warp, twist or show through for timber doors as defined in the relevant Australian Standard.

Goods – means any frame, door or another item supplied by the Supplier.

3. Orders

3.1  Subject to clause 3.2 a contract according to these Terms and Conditions shall be created upon receipt by the Supplier of an oral, written or facsimile order by the Supplier.

3.2  The Supplier may in its absolute discretion refuse to supply goods where:

    a. Goods are unavailable for any reason.
    b. The Supplier has not received an order.
    c. No satisfactory credit arrangements have been reached.
    d. The Supplier has refused credit to the Purchaser.
    e. The Purchaser has unpaid accounts owing to the Supplier.
    f. Agreed credit limits have been reached.

3.3  No cancellation or an order for the supply of goods may be made unless agreed to in writing by the Supplier.

3.4  It is the absolute responsibility of the Purchaser to ensure all working documents and specifications are correct at no charge to the Supplier.

3.5  The Supplier shall be entitled to rely on any instructions from the site supervisor.

4. Australian Standards

4.1  All goods and services supplied by the Supplier shall comply with the relevant Australian Standard.

4.2  The Purchaser is to ensure that all frames conform to Australian Standards when installed on site; this is a maximum of 4mm wind in the frame.
If this standard is not complied with then installation of doors in a worse situation will constitute a variation cost.

5. Warranties and Exclusions

5.1  All expressly implied conditions and warranties representation are expressly negated save for those:

    (a) In the Terms and Conditions.
    (b) Implied under the Law of New South Wales or the provisions of Division 2 of Part V of the Trade Practices Act 1974.

5.2  The Supplier expressly excludes any responsibility or liability for any defect in goods including their appearance where:

    (a) There is a loss or gain in moisture content outside acceptable limits due to the goods not being sealed upon receipt by the Purchaser pursuant to Clause 7.6 or not being stored  horizontally in dry conditions under cover.
    (b) The twist, warp or show through is within the limits specified in the applicable Australian Standard.
    (c) They are due to natural variations in colour and texture.
    (d) Goods are external flush doors painted in dark colours.
    (e) Goods are painted with high gloss paint.
    (f) Goods that are not hung by the Supplier.
    (g) Warp occurs on goods that are faced with veneers of different species.
    (h) There is an error in the working documentation supplied by the Purchaser.

5.3  The Supplier shall not be liable for any damage, expense or cost due to the non-delivery of goods, or delay in their delivery or in their installation caused by:

    (a) The Purchaser not fulfilling their obligations pursuant to these Terms and Conditions.
    (b) Weather.
    (c) Industrial Action.
    (d) Unavailability of raw materials.
    (e) Any matter beyond the Supplier’s control.
    (f) Refusal of reasonable access to the Supplier and their contractors to any site.
    (g) Incorrect working documentation supplied by the Purchaser. Painted or Varnished doors or frames replaced under warranty are to be repainted by the Purchaser.

5.4  Back Charges cannot exceed the cost of material to the affected area.

6. Risk / Property

6.1  Risk in goods shall pass to the Purchaser immediately upon delivery.

6.2  Notwithstanding the passing of risk, property in the goods shall not pass to the Purchaser until all amounts payable by the Purchaser under any order have been paid.

6.3  Where goods are delivered by the Supplier to the Purchaser or delivered and hung by the Supplier or its subcontractors without payment of the price in full to the Supplier the Purchaser shall:

    (a) Hold the good on trust for the Supplier until all amounts owed by the Purchaser to the Supplier have been paid in full
    (b) Be deemed to have irrevocably appointed the Supplier its lawful attorney to do all acts necessary to ensure the retention of title to goods to the Supplier including the registration of any charge pursuant to the Corporation law.

7. Delivery

7.1  The Purchaser shall give the Supplier at least 14 working days’ notice of the date for delivery.

7.2  Delivery of goods shall be at the Supplier’s premises during normal business hours.

7.3  Where the Purchaser requires delivery of goods to be on site the Purchaser shall be liable for all delivery and unloading charges.

7.4  Delivery of goods on site shall be on vehicle on a properly constructed roadway along or as close as possible to the job site as conditions allow in the absolute discretion of the Supplier and its subcontractors.

7.5  The Purchaser shall be responsible for the unloading of goods. In the event the Purchaser is not available at the job site the Supplier has the right to unload the goods and shall not be responsible for any damage or expense.

7.6  The Purchaser shall immediately upon delivery store the goods in a horizontal position in a dry area undercover and shall as soon as practicable seal the top and bottom of any goods, which are doors to maintain the acceptable moisture content limits. A quantity, description, date, time, and place of delivery of goods as indicated on the Suppliers invoice or delivery docket shall be conclusive evidence of the quantity, description, date, time, and place of delivery of goods.

8. Installation

8.1  Where the Purchaser requests the Supplier to install the goods, the Purchaser shall give the Supplier a minimum of fourteen working days’ notice of such request and identify the site for installation.

8.2  The Supplier may in its absolute discretion appoint or engage subcontractors to perform any obligation to the Supplier to install or deliver goods or any other requirement of these Terms and Conditions.

8.3  The Purchaser shall provide at its own expense full and complete access to the site for installation and safe working conditions for the Supplier and its subcontractors.

8.4  All installation quoted allows for hardware to be installed at the time of hanging of the doors unless otherwise stated in our tender.

9. Price / Payment

9.1  The Supplier shall not be under any obligation to certify the goods as complying with any applicable safety standard unless:

    (a) The final contract value including variations has been agreed in writing by the Supplier and the Purchaser and paid in full to the Supplier.
    (b) The Purchaser has done all ancillary matters such as painting and carpeting in the absolute discretion of the Supplier to enable the Supplier to provide such certification.
    (c) The Purchaser has paid all outstanding monies payable to the Supplier arising from whatever source.
    (d) The Purchaser has complied with the Terms and Conditions.

9.2  The Purchaser shall not at any time be entitled to retain any money owing to the Supplier for whatever reason, including allegedly defective goods or installation of goods.

9.3  The Purchaser shall comply with any credit terms imposed by the Supplier otherwise all goods and installation of goods shall be paid in full prior to delivery.

9.4  Payment Terms: 30 (thirty) days from the date of invoice.

9.5  We, the Tenderer, reserve our right to negotiate an equitable adjustment to the Terms and Conditions applicable to this contract (or order) and to the prices under which the goods and services are to be provided if there is imposed on Radiant Enterprise (NSW) Pty Ltd or its input costs the burden of any taxation change in the form of a consumption tax, new wholesale tax or similar which is not to be fully reimbursed to Radiant Enterprise (NSW) Pty Ltd.

9.6  Upon receipt of a variation advice Radiant Enterprise (NSW) Pty Ltd reserves the right to charge an investigation and design fee.

10. Default by Purchaser

10.1  In the event that the Purchaser:

    (a) Breaches these Terms and Conditions
    (b) Fails to pay any monies owing to the Supplier
    (c) Becomes or threatens to become or is in jeopardy of becoming insolvent, bankrupt or wound up as the case may be.
    (d) Ceases or threatens to cease business the Supplier may in its absolute discretion without prejudice to any of its other rights
    (e) Refuse delivery or installation of goods.
    (f) Repossess any goods delivered to the Purchaser.
    (g) Retain all monies paid on account of the Purchaser.

10.2  Where the Purchaser breached any Terms or Conditions of this contract the Supplier reserves the right to re-sell the goods.


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