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Standard Terms and Conditions

In these terms: (a) “you” (and “your”) means the individual, partnership, corporation or association being the customer to whom goods are sold and/or services are provided or credit may be granted by us; (b) “we” and “us” (and “our”) means Multicoat Pty Ltd A.C.N. 079 005 342 of 7 Laser Drive, Rowville in the State of Victoria; (c) “goods” means and includes both goods and services provided by us to you; and (d) “Terms” means these and any additional or amended terms of trade which apply to goods or credit which we provide to you.

By trading or applying for credit with us you agree:

  1. Any quotation made by us to you is not an offer or obligation to sell but an invitation to treat only. We reserve the right to accept or reject any order. We are not obliged to supply goods which you may have ordered unless we accept your order in writing and all orders (including any offers made) will be accepted by Multicoat (whether express or implied) only on the conditions of these Terms and if you breach these Terms we may cancel or suspend any incomplete order without being liable to you. We are not responsible to you for a breach of our obligation to supply goods pursuant to an order that we have accepted if our failure to supply is caused by any force majeure or other matter beyond our reasonable control.
  2. Any quotation made by us to you is only valid if all the work quoted for (the entire job) is undertaken by us
  3. Any quotation is only valid for 30 days. Unless otherwise agreed, the price will automatically increase annually by the CPI.
  4. If a sample is provided, this quotation is only valid if the sample is approved by you.
  5. The quality of our work reflects the quality of your work. If you are fabricating or preparing items for coating, you must ensure all parts are free of scratches, fillers if for powder coating, porosity, dents, sanding and cutting marks. Metal parts must be free of welding splatter and burrs and designed in accordance with AS 2312 2002.
  6. You will pay for goods on a cash basis unless we provide credit terms for payment of goods in writing to you.
  7. If credit terms are provided to you, you shall be bound by the Terms and Conditions of Credit Facility (“Credit Terms”). Unless otherwise agreed, goods supplied must be paid for within 30 days from the date of invoice. Time is of essence in your payment obligations to us.
  8. Any payments made by you will be applied first against additional expenses incurred recovering arrears in payment, second against interest outstanding on payment arrears and third against the portion of your account that we deem appropriate in our absolute discretion.
  9. You are liable to pay us: (a) interest on overdue accounts calculated daily at a rate of 2% per annum higher than the annual rate from time to time fixed under the Penalty Interest Rates Act (Vic) 1983 from the date the payment was due until the date payment is made, inclusive of both dates; and (b) any expenses (including legal costs on a solicitor/client basis) incurred by us in collecting any monies which you owe.
  10. We may withdraw your credit withhold supply of goods and/or put your account on hold at any time with 7 days prior notice. If an Event of Default occurs, we may do any of the above without prior notice.
  11. Goods supplied to you remain our property until we receive payment for all amounts you owe to us and those payments are honoured. If you resell goods or if you sell products manufactured using or incorporating goods or the goods are mixed or combined with other goods in the course of a manufacturing process then you hold the proceeds of sale on trust for us and for our benefit (“trust proceeds”) and must pay the trust proceeds to us on demand.
  12. While the goods remain the property of us and pending payment in full for those goods, you agree that (a) you are in possession of the goods as a fiduciary bailee of those goods and you owe us the duties and liabilities of a bailee. The bailment continues in relation to each of the goods until the price of the goods has been paid in full; (b) you have no right or claim to any interest in the goods to secure any liquidated or unliquidated debt or obligation we owe you; (c) you cannot (and shall not let any person to) claim any lien over the goods; (d) you will not (and shall not let any person to) create any absolute or defeasible interest in the goods in relation to any third party except as may be authorised by us (e) where you are in actual or constructive possession of the goods, you will not deliver them or any document of title to the goods to any person except as directed by us and; (f) you must not remove, deface or obliterate any identifying plate, mark or number on any of the goods.
  13. The risk in each order shall pass to you upon delivery of that order or collection of that order by you or your agent or courier as the case may be.
  14. You will be in default if you breach any of these Terms or, if a credit account is provided to you, breach any of the Credit Terms, if you fail to pay by the due date, or if you commence to be wound up or bankrupted or you are placed under official management or a receiver or a receiver and manager or a voluntary administrator or trustee is appointed to you, or if you part with possession of goods other than in your ordinary course of business (each an “Event of Default”).
  15. We may recover the price of goods provided to you by action and may file an application for the appointment of a liquidator to you if goods are not paid for as agreed even though property in goods may not have passed to you.
  16. In consideration of our provision of goods, you agree to grant us the access to your premises that, if an Event of Default occurs, we have the right to enter your premises (or the premises of any associated person company or agent) or any site on which goods are located to retake possession of goods without liability for trespass or damage.
  17. We will use our reasonable endeavours supply goods to your order and in merchantable quality. It is your responsibility and your risk and liability when ordering goods to provide to us clear and accurate specifications of the goods and quantity you wish to order and to inspect the goods on their delivery to satisfy yourself that they comply with your order.
  18. To the extent permitted by law, we do not warrant or guarantee to you and it will not form part of these Terms that any goods supplied by us which are based on your order or specifications will be fit for their purpose and although all reasonable care will be taken in supplying goods you acknowledge that you do not rely on our skill and judgement for the fitness for any purpose of goods, we have supplied to you. We will not be accountable to you, and you will not hold us liable for any costs or loss suffered by you associated with the recall withdrawal or loss of use of any goods due to any defect or deficiency in the goods.
  19. You are not entitled to deduct or withhold any payment of any amount from any account due to a dispute in relation to the account or the quantity standard or performance of goods received unless prior written approval has been given by us to do so and then only to the extent we approve. Unless we otherwise agree once goods are acknowledged by you as being delivered and received you cannot dispute the quantity of goods received or condition of those goods.
  20. We make no warranties or representations about goods provided by us to you other than warranties contained in these Terms. We warrant only that goods will be generally similar to other goods of the same description. You accept that any particular delivery of goods may vary from goods of the same description displayed advertised or delivered on a separate occasion. To the fullest extent permitted by law all terms conditions and warranties (statutory and otherwise) not expressly provided in these Terms are excluded. If any term condition or warranty cannot be excluded due to the provisions of Australian Consumer Law or any other statute and it is breached by us or you make a claim against us for any reason relating to goods or credit which we provide to you then our total liability (including the liability of our employees, servants and agents) to you is limited (at our option) to replacement of the coating or reworking of the coating or crediting you with the purchase price for the goods and services we provide. You acknowledge that our liability to you does not extend to any consequential loss or damage which you or any third party may suffer. This term shall survive the expiry of the agreement or earlier termination of the agreement in accordance with these Terms.
  21. We may deliver goods to you at the address shown on your order. You are liable for the costs of delivery and redelivery of goods unless agreed with us otherwise. We shall be under no liability whatsoever should delivery not be made on the agreed date.
  22. A waiver by us of any one breach of these Terms by you does not operate as a waiver of any other breach or our rights.
  23. These Terms (and the Credit Terms, if applicable) and the conditions specified on the quotation are the only terms which apply to our dealings with you. Any terms which attempt to vary these terms will be void and of no effect unless approved by us in writing.
  24. We may assign our rights against you under any agreement with you without reference to you or need for your consent.
  25. Unless specified on the quotation, each amount payable by you to us for the purchase of any of our goods or pursuant to these Terms is expressed net of any goods and services (or similar) tax (“GST”). In addition to the amount payable by you to us you must also pay to us as and when requested the GST payable by us in respect of that amount. XXVI. If we collect, hold, use or disclose Personal Information (as defined in Privacy Act 1988 (Cth)) in the course of or relating to this agreement, we will handle all Personal Information in accordance with our privacy policy.
  26. Dispute.
    1. If a dispute arises between us, you shall not withhold and shall not be entitled to withhold any payment due to us, but shall make any payment due, on the date that it is due, to the Master Painters Association of Victoria Ltd who will hold these monies in trust on behalf of both parties until the dispute has been resolved. The monies will then be distributed) as per the agreed resolution. Payment in this manner causes interest pursuant to Clause IX(a)to cease from the date payment is made to the Master Painters Association of Victoria Ltd, Compliance with this clause does not otherwise affect the rights and obligations of the parties hereto
    2. From the date of the dispute, an independent assessor shall be immediately appointed to attend the site and to assess the value of the work done to that date. If the parties cannot agree on an independent assessor, the secretary, or such other appropriate office of the Master Painter's Association of Victoria Ltd shall appoint such independent assessor.
  27. This agreement is subject to the law of the state of Victoria.

Guarantee

The person executing the order form, in consideration of the goods (and/or credit) being or having been provided to you at your request by us, being the Guarantor/s whose signature/s appear hereunder does hereby agree to, jointly and severally, if more than one, guarantee each and every obligation which you may have to us including without limitation payment of all monies of any nature whatsoever which you may owe or which may become owing to us and the Guarantor/s agrees that this guarantee shall be a continuing, irrevocable guarantee which shall not be affected by any time or other indulgence which we may grant to you including forbearance to sue and the Guarantor/s confirm that this guarantee shall be binding upon the Guarantor/s heirs, executors, estates and legal personal representatives. As a further and separate covenant, the Guarantor/s hereby agrees to indemnify and to continue to indemnify us in respect of any losses, costs, damages, expenses or fees of any nature whatsoever incurred by us from or arising out of a failure by you to comply with your obligations to us.