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

Definitions:

 1. In these terms and conditions:

“Customer” means the person, firm, organisation, partnership, corporation, trustee of a trust or other entity who is receiving goods and/or services from the Supplier (including its successors and permitted assigns).

“Supplier” means Radiant Enterprise (NSW) Pty Ltd ACN 145 302 245 and its related bodies corporate (as that term is defined in the Corporations Act 2001) (including its successors and permitted assigns).

Payment terms:

2. Subject to clause 3, where the Customer does not have an approved commercial credit account with the Supplier, the terms of payment are as follows, payment shall be, at the Supplier’s discretion, due and payable:

         (a) on or prior to delivery of the goods; or

         (b) by the date nominated by the Supplier’s invoice(s).

3. The Customer acknowledges that the Supplier reserves the right to issue an invoice in respect of a progress payment claim at any point in time, notwithstanding whether the services have been completed or not.

4. The Customer must check all invoices and advise the Supplier of any errors or omissions within seven (7) days of receipt. Failing advice from the Customer that the invoice contains any errors or omissions, the invoice may be deemed accepted by the Supplier.

5. Should the Customer not pay for the goods or services supplied by the Supplier in accordance with the credit terms as provided herein, or as agreed in writing by the Supplier and Customer from time to time, after issuing a written demand to the Customer demanding payment within fourteen (14) days, the Supplier will be entitled to charge an administration fee of ten (10) percent of the amount of the invoice payable.

6. The Customer acknowledges that the Supplier shall be at liberty to charge a surcharge for credit card transactions equal to the merchant fees incurred by the Supplier.

Formation of contract:

7. Quotations are strictly confidential and shall remain valid for a period of thirty (30) days from the date of quotation, unless otherwise specified in writing. The Supplier, in its sole discretion, reserves the right to withdraw, vary or extend any quotation at any time prior to the formation of a contract in accordance with clause 9.

8. All quotations for the installation of goods shall include the hardware to be installed at the time of installation, unless otherwise specified in writing.

9. Quotations made by the Supplier will not be construed as an offer or obligation to supply in accordance with the quotation. The Supplier reserves the right to accept or reject, at its discretion, any offer to purchase received by it upon provision of written reasons to the Customer. Only written acceptance by the Supplier of the Customer’s offer will complete a contract.

10. Placement of an order, either verbally or in writing, will imply acceptance of these terms and conditions.

11. At the Supplier’s sole discretion, a deposit may be required. The deposit amount or percentage of the price due will be stipulated at the time of the order of the goods and/or services and shall immediately become due and payable upon the formation of a contract in accordance with clause 9.

Variations:

12. Where the Customer requests or directs that any goods and/or services be supplied that are not strictly in accordance with the quotation or purchase order, then such goods and/or services shall constitute a variation, unless otherwise agreed between the parties.

13. The Customer understands and agrees that:

        (a) the Supplier reserves the right to charge an investigation and design fee in respect of any variation;

        (b) all variations must be agreed between the parties in writing prior to the goods and/or services being supplied; and

       (c) all variations shall be, at the Supplier’s discretion, invoiced at the rate(s) specified in the quotation, as specifically quoted, or in accordance with the Supplier’s current                  prevailing rates (as amended from time to time)

14. Notwithstanding clauses 12 and 13, and subject to any rights the Customer might have under any relevant legislation, the Supplier reserves the right to vary the quoted price if:

        (a) there is any movement in the cost of supplying the goods and/or services specified in the Customer’s order;

        (b) the goods and/or services specified in the Customer’s order are varied from the goods and/or services specified in the Supplier’s quotation; or

       (c) otherwise provided for in these terms and conditions.

Cancellation of orders:

15. Unless otherwise agreed in writing between the parties, the Customer may not cancel an order (or any part of an order) unless the Customer pays to the Supplier (in the Supplier’s sole discretion) any and all costs incurred by the Supplier in relation to the cancelled order (or cancelled part of an order) up until and including the date of cancellation.

16. Notwithstanding any other rights the Supplier may have under this agreement, the Supplier may cancel any order or delivery of any order, by providing written notice to the Customer if the Customer:

         (a) defaults in payment of any invoice by the due date;

         (b) enters into liquidation or, in the case the Customer is an individual, becomes bankrupt; or

         (c) breaches an essential term herein.

17. To the fullest extent permitted by law, the Supplier accepts no liability for any loss whatsoever incurred by the Customer or any third party as a result of the Supplier exercising its rights under clause 16.

Delivery:

18. The Customer must give the Supplier a minimum of fourteen (14) business days’ notice of the date for delivery.

19. The Customer shall be liable for all costs associated with delivery, including freight, insurance, handling and other charges, unless otherwise agreed in writing.

20. The Customer acknowledges and accepts that any estimated delivery or supply of goods provided by the Supplier is an estimate only and the Supplier will not be liable for any loss suffered by the Customer as a result of any delay in the delivery of goods or non- delivery of the goods.

21. The Customer shall be responsible for the unloading of all goods. In the event the Customer, or a third party on behalf of the Customer, is not available to receive the delivery, the Supplier reserves the right to unload the goods at the delivery address and shall not be liable for any loss, damage or other expense the goods incur.

22. Delivery will be made within normal business hours between Monday to Friday, 8.00 am to 5.00 pm only (unless otherwise agreed to in writing).

23. Delivery is deemed to occur at the earlier of:

       (a) the collection of goods from the Supplier by the Customer or any third party on behalf of the Customer;

      (b) the time of loading of goods at the Supplier’s premises for the purpose of delivery to the Customer.

24. The Supplier is entitled to charge a reasonable fee for storage and/or re-delivery charges in the event the Customer does not, or is unable to, accept delivery of the goods.

25. The Customer accepts that the Supplier may deliver goods by installments and require payment for each separate installment in accordance with these terms and conditions.

26. The Customer acknowledges and accepts that it is not relieved from any obligation arising under these terms and conditions by reason of any delay in delivery.

27. The Customer 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 to maintain the acceptable moisture content limits stipulated by the relevant Australian Standard(s).

Returns:

28. The Customer must inspect the goods immediately upon delivery and must within seven (7) days after the date of inspection give written notice to the Supplier with particulars, of any claim that the goods are not in accordance with this agreement. Further, the Customer must, upon request from the Supplier, allow the Supplier to enter upon any premises occupied by the Customer to inspect the goods that are subject of the claim. If the Customer fails to give notice or refuses to allow the Supplier to inspect the goods, then to the extent permitted by law, the goods must be treated as having been accepted by the Customer and the Customer must pay for the goods in accordance with these terms and conditions.

29. The Customer cannot return goods to the Supplier without the written agreement of the Supplier.

30. The Customer acknowledges and agrees that any return, other than a return due to a default by the Supplier under this agreement or as otherwise permitted by law, will incur a handling and administration charge of ten (10) percent of the purchase price of the returned goods.

31. Unless otherwise agreed in writing between the parties, the Customer must pay all costs associated with the return of any goods (either to the Supplier or from the Supplier to the Customer or any third party) including freight, insurance, handling and other charges. Goods to be returned to the Supplier must be packed and wrapped appropriately and must include all original packaging and documentation. The Supplier accepts no liability for any damage that occurs to any goods in return transit.

Non-Stock Items:

32. The Customer acknowledges that orders for non-stock, custom-made, and special goods (Non-Stock Items) may have to be purchased in minimum quantities and that the Customer will be notified if this applies in respect of the Customer’s order.

33. Notwithstanding anything herein to the contrary, and subject to any rights the Customer might have under the Competition and Consumer Act 2010 or any relevant State or Federal Legislation, the Customer acknowledges and agrees that Non-Stock Items are non-refundable and cannot be returned to the Supplier, unless otherwise agreed in writing by the Supplier.

Installation:

34. In the event the Customer requests the Supplier to install any goods, the Customer must give a minimum of fourteen (14) business days’ notice to the Supplier of such request and identify the installation site.

35. The Supplier reserves the right to accept or reject, at its discretion, any request for installation received by it upon provision of written reasons to the Customer.

36. The Customer shall provide at its own expense, full and complete access to the installation site and safe working conditions for the Supplier or any subcontractor engaged by the Supplier.

37. The Customer must ensure that all frames conform to Australian Standards when installed on site (i.e. a maximum of 4mm wind in the frame).

Risk:

38. Risk of damage to or loss of the goods passes to the Customer on delivery and the Customer must insure the goods on or before delivery.

39. If any of the goods are damaged or destroyed following delivery but prior to ownership passing to the Customer, the Supplier is entitled to receive all insurance proceeds payable for the goods to the extent of the indebtedness of the Customer to the Supplier. The production of these terms and conditions by the Supplier is sufficient evidence of the Supplier’s rights to receive the insurance proceeds without the need for any person dealing with the Supplier to make further enquires.

40. If the Customer requests that goods are delivered either to an unattended location, left outside, or are left outside the Supplier’s premises for collection, the Customer acknowledges that the Supplier will deliver the goods as requested at the Customer’s risk.

Retention of title:

41. Until such time as the Customer has made payment in full for the goods and until such time as the Customer has made payment in full of all other money owing by the Customer to the Supplier (whether in respect of money payable under a specific contract or on any other account whatsoever):

       (a) title in the goods does not pass to the Customer.

      (b) the Customer agrees that property and title in the goods will not pass to the Customer and the Supplier retains the legal and equitable title in those goods supplied and               not yet sold;

      (c) the Customer will hold the goods in a fiduciary capacity for the Supplier and agrees to store the goods in such a manner that they can be identified as the property of the Supplier, and will not mix the goods with other similar goods; and

      (d) the Customer will be entitled to sell the goods in the ordinary course of its business but will sell as agent and bailee for the Supplier and the proceeds of sale of the            goods will be held by the Customer on trust for the Supplier absolutely.

42. The Customer’s indebtedness to the Supplier, whether in full or in part, will not be discharged by the operation of clause 41(d) hereof unless and until the funds held on trust are remitted to the Supplier.

43. The Customer agrees that whilst property and title in the goods remains with the Supplier, the Supplier has the right, with prior notice to the Customer, to enter upon any premises occupied by the Customer (or any receiver, receiver and manager, administrator, liquidator or trustee in bankruptcy of the Customer) to inspect the goods of the Supplier and to repossess the goods which may be in the Customer’s possession, custody or control when payment is overdue.

44. The Customer will be responsible for the Supplier’s reasonable costs and expenses in exercising its rights under clause 43 where the Customer is otherwise in default of the terms of this agreement. Where the Supplier exercises any power to enter the premises, that entry will not give rise to any action of trespass or similar action on the part of the Customer against the Supplier, its employees, servants or agents.

45. The Customer agrees that where the goods have been retaken into the possession of the Supplier, the Supplier has the absolute right to sell or deal with the goods, and if necessary, sell the goods with the trademark or name of the Customer on those goods, and the Customer hereby grants an irrevocable license to the Supplier to do all things necessary to sell the goods bearing the name or trademark of the Customer.

Indemnity:

46. The Customer agrees to indemnify the Supplier and keep the Supplier indemnified against any claim that arises out of the goods and services supplied under this agreement to the extent that such a claim is a consequence of a default by the Customer under the terms of this agreement. This indemnity includes any legal fees and expenses the Supplier incurs in order to enforce its rights, on an indemnity basis.

Waiver:

47. A waiver of any provision or breach of this agreement by the Supplier must be made by an authorised officer of the Supplier in writing. A waiver of any provision or breach of this agreement by the Customer must be made by the Customer’s authorised officer in writing.

Costs:

48. The Customer must pay for its own legal, accounting and business costs and all costs incurred by the Supplier relating to any default by the Customer under this agreement. The Customer must also pay for all stamp duty and other taxes payable on this agreement (if any).

49. The Customer will pay the Supplier’s costs and disbursements incurred in pursuing any recovery action, or any other claim or remedy, against the Customer, including collection costs, debt recovery fees and legal costs on an indemnity basis.

50. Subject to clauses 51 and 52, payments by, or on behalf of, the Customer will be applied by the Supplier as follows.

         (a) Firstly, in payment of any and all collection costs and legal costs in accordance with clauses 44 and 49.

         (b) Secondly, in payment of any interest incurred in accordance with clause 55.

        (c) Thirdly, in payment of the outstanding invoice(s), or part thereof in an order determined by the Supplier in its absolute discretion.

51. To the extent that payments have been allocated to invoices by the Supplier in its business records, the Supplier may, at its sole and unfettered discretion, allocate and/or retrospectively reallocate payments in any manner whatsoever at the Supplier’s absolute discretion, including in a manner inconsistent with clause 49 herein.

52. Payments allocated (and/or reallocated) under clause 49 and/or 50 will be treated as though they were allocated (and/or reallocated) in the manner determined by the Supplier on the date of receipt of payment

Taxes and duty:

53. The Customer must pay GST on any taxable supply made by the Supplier to the Customer under this agreement. The payment of GST is in addition to any other consideration payable by the Customer for a taxable supply.

54. If as a result of:

          (a) any legislation becoming applicable to the subject matter of this agreement; or

          (b) any changes in legislation or its interpretation by a court of competent jurisdiction or by any authority charged with its administration;
the Supplier becomes liable to pay any tax, duty, excise or levy in respect of the amounts received from the Customer, then the Customer must pay the Supplier these additional amounts on 48 hours’ written demand.

Interest rates:

55. The interest rate on any outstanding debts is a fixed rate of ten (10) percent per annum.

Set-off:

56. All payments required to be made by the Customer under this agreement will be made free of any set-off, or counterclaim and without deduction or withholding, unless agreed to otherwise by the Supplier and the Customer in writing or as required by law.

57. Any amount due to the Supplier from time to time may be deducted from any monies which may be or may become payable to the Customer by the Supplier.

Intellectual property:

58. The copyright in all designs, drawings, specifications and data (collectively, Designs) prepared or compiled by the Supplier shall remain in the Supplier and the Customer shall not have the right or license to use such Designs without the express written consent of the Supplier.

59. All Designs supplied by the Supplier shall remain the absolute property of the Supplier and no part of any such Designs are to be divulged to any third party without the prior written consent of the Supplier.

60. Where any Designs or instructions for Designs have been supplied by the Customer, the Customer warrants that the use of those Designs does not infringe the intellectual property rights of any third party. Further, the Customer agrees to indemnify the Supplier against any claim arising from the use of Designs supplied by the Customer where such Designs infringe or are alleged to infringe the intellectual property rights of any third party.

Accuracy of Customer’s Designs:

61. The Customer warrants that any Designs provided by the Customer to the Supplier are accurate and correct. The Supplier accepts no liability for any loss, damage, costs or expense incurred by the Supplier or by any third party as a result of the Customer’s Designs being inaccurate or incorrect.

Limitation of liability:

62. In relation to the supply of goods, to the extent permitted by law, the Supplier’s liability is limited to:

       (a) replacing the goods or supplying similar goods;

      (b) repairing the goods;

      (c) providing the cost for replacing the goods or for acquiring equivalent goods; and

     (d) providing the cost for having the goods repaired.

63. In relation to the supply of services, to the extent permitted by law, the Supplier’s liability is limited to:

      (a) supplying the service again; or

      (b) providing for the cost of having the services supplied again.

64. To the extent permitted by law, the Supplier is not liable for any defective goods where:

      (a) the Customer has failed to store the goods in accordance with clause 27

      (b) the defects are due to natural variations in colour and texture;

      (c) the goods are altered by the Customer in any way following delivery; or

     (d) there is an error in the working documentation supplied by the Customer.

65. The Supplier is not liable for loss of profit, economic or financial loss, damages, consequential loss, loss of opportunity or benefit, loss of a right or any other indirect loss suffered by the Customer as a result of the goods and/or services supplied under this agreement.

Miscellaneous:

66. The Supplier is not liable for any loss caused to the Customer by reason of strikes, lockouts, floods, tempest, fires, riots, war, embargoes, civil commotions, supplier shortages, plant or mechanical breakdown, acts of God or any other activity beyond the Supplier’s control.

67. The Supplier may, in its sole discretion, engage subcontractors to install or deliver goods.

68. Nothing in this agreement shall be read or applied so as to purport to exclude, restrict or modify or have the effect of excluding, restricting or modifying the application in relation to the supply of any goods and/or services pursuant to this agreement of all or any of the provisions the Competition and Consumer Act 2010 or any relevant State or Federal Legislation which by law cannot be excluded, restricted or modified.

Severance:

69. If any provision of this agreement is not enforceable in accordance with its terms, other provisions which are self-sustaining are, and continue to be, enforceable in accordance with their terms.

70. If any part of this agreement is invalid or unenforceable, that part is deleted, and the remainder of the agreement remains effective.

Variation of agreement:

71. Any proposed variation to these terms and conditions by the Customer must be requested in writing. The Supplier may refuse any such request without providing reasons either orally or in writing.

72. Variations requested by the Customer will only be binding upon the Supplier if they are in writing signed by an authorised officer of the Supplier.

Jurisdiction:

73. The Customer acknowledges and agrees that this agreement will be governed by the laws of New South Wales, and the laws of the Commonwealth of Australia which are in force in New South Wales.

74. The Customer acknowledges and agrees that any contract for the supply of goods or services between the Supplier and the Customer is formed at the address of the Supplier.

75. The parties to this agreement submit to the non-exclusive jurisdiction of the courts of New South Wales and the relevant federal courts and courts competent to hear appeals from those courts.

Entire agreement:

76. These terms and conditions, together with any quotation, constitutes the entire agreement between the parties relating in any way to its subject matter, unless agreed to otherwise by the Supplier and the Customer in writing. All previous negotiations, understandings, representations, warranties, memoranda or commitments about the subject matter of this agreement are merged in this agreement and are of no further effect. No oral explanation or information provided by a party to another affects the meaning or interpretation of this agreement or constitutes any collateral agreement, warranty or understanding.

77. For the avoidance of doubt, the Customer understands and agrees that these terms will prevail over, and the Supplier will not be bound by, any conditions (express or implied) added or provided by the Customer, whether in an order or otherwise, unless otherwise agreed in writing by the Supplier.


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