Trading Terms & Conditions

Stronghold Fabrications Pty Ltd ABN 38 139 076 574

Trading Terms and Conditions of Sale

 

  1. Interpretation

    In these Trading Terms and Conditions of Sale (“Terms”) unless the contrary intention appears:

    • “Additional Charges” includes all delivery, handling and storage charges, goods and services tax, stamp duty, interest, legal and other costs of recovery of unpaid money and all other government imposts and all money, other than the Purchase Price, payable by the Purchaser to Stronghold Fabrications arising out of the sale of the Goods.
    • “Goods” means the goods sold to the Purchaser by Stronghold Fabrications and includes any services provided by Stronghold Fabrications to a Purchaser.
    • “Stronghold Fabrications” means Stronghold Fabrications Pty Ltd, ABN 38 139 076 574.
    • “Purchase Price” means the list price for the goods as charged by Stronghold Fabrications at the date of delivery or such other price as may be agreed by Stronghold Fabrications and the Purchaser prior to delivery of the Goods.
    • “Purchaser” means the person to or for whom the Goods are to be supplied by Stronghold Fabrications.

     

  2. Order for Goods
    1. An order given to Stronghold Fabrications is binding on Stronghold Fabrications and the Purchaser, if:
      1. a written acceptance is signed for or on behalf of Stronghold Fabrications; or
      2. the Goods are supplied by Stronghold Fabrications in accordance with the order.
    2. An acceptance of the order by Stronghold Fabrications is then to be an acceptance of these Terms by Stronghold Fabrications and the Purchaser and these Terms will override any conditions contained in the Purchaser’s order. Stronghold Fabrications reserves the right to accept a part only of any order by notifying the Purchaser in writing or by delivering the Goods to the Purchaser. No order is binding on Stronghold Fabrications until accepted by it.
    3. An order which has been accepted in whole or in part by Stronghold Fabrications cannot be cancelled by the Purchaser without obtaining the prior written approval of Stronghold Fabrications, which it may refuse in its absolute discretion.
    4. Stronghold Fabrications reserves the rights at any time to reject any order received from the Purchaser at its sole discretion.
    5. The Terms may be updated from time to time and the Purchaser, upon placing subsequent orders, is deemed to have accepted such updated Terms which will be available on Stronghold Fabrications website or sent to the Customer upon request.

     

  3. Warranties
    1. Stronghold Fabrications liability is limited to, to the extent permissible by law and at Stronghold Fabrications option;
    2. In relation to the Goods:
      1. The replacement of the products or the supply of equivalent products
      2. The repair of the products
      3. The payment of the cost of replacing the products or of acquiring equivalent products; or
      4. The payment of the cost of having the products repaired
    3. Where the Goods are services:
      1. The supply of service again; or
      2. The payment of the cost of having the services supplied again.
    4. When processing the Purchaser’s own materials, Stronghold Fabrications will endeavour to achieve industry acceptable standards of production, but will not accept liability for any failure to meet these standards. Liability is strictly limited to the extent permissible by law in accordance with Clause 3.1.
    5. Any claims to be made against Stronghold Fabrications for short delivery of Goods must be lodged with Stronghold Fabrications in writing within 7 days of the delivery date.
    6. To the extent permitted at law, all other warranties whether implied or otherwise, not set out in these Terms are excluded and Stronghold Fabrications is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate Purchaser for:
      1. Any increased costs or expenses;
      2. Any loss of profit, revenue, business, contracts or anticipated savings;
      3. Any loss or expense resulting from a claim by a third party; or
      4. Any special, indirect or consequential loss or damage of any nature whatsoever caused by Stronghold Fabrications’ failure to complete or delay in completing the order to deliver the Goods.

     

  4. Delivery
    1. The times quoted for delivery are estimates only and Stronghold Fabrications accepts no liability for failure or delay in delivery of Goods. The Purchaser is not relieved of any obligation to accept or pay for Goods by reason of any delay in delivery. Goods may be delivered by instalments at the discretion of Stronghold Fabrications.
    2. Risk in accepting the Goods passes on delivery to the Purchaser.
    3. All Additional Charges are payable by the Purchaser in addition to the Purchase Price of the Goods.
    4. Return of Goods will not be accepted by Stronghold Fabrications except by prior agreement in writing with Stronghold Fabrications. Where Stronghold Fabrications accepts and approves return of Goods, the Purchaser must pay to Stronghold Fabrications a handling and administration charge of 15% of the Purchase Price of those Goods.

     

  5. Price and Payment
    1. The Purchaser must pay the Purchase Price and the Additional Charges to Stronghold Fabrications.
    2. If the Purchaser is in default, Stronghold Fabrications may at its option withhold further deliveries or cancel a contract without prejudice to any of its existing rights.
    3. All payments are due within 30 days of EOM
    4. All amounts payable by the Purchaser under these Terms must be paid without set-off or counter claim of any kind.

     

  6. Credit Limit
    1. The credit limit is the amount notified to the customer from time to time from Stronghold Fabrications. Any credit provided in excess of the credit limit shall be repayable immediately.
    2. The customer may obtain goods or services on credit up to the amount of the credit limit. Stronghold Fabrications reserves the right to refuse the supply of goods on credit and may (in it’s discretion) suspend the provision of credit in the event of:
      1. Breach of any term of this Agreement;
      2. The Customer exceeds the credit limit.

     

  7. Retention of Title
    1. Ownership, title and property of the Goods remains with Stronghold Fabrications until payment in full for the Goods and all sums due and owing by the Purchaser to Stronghold Fabrications on any account has been made. Until the date of payment:
      1. The Purchaser has the right to sell the Goods in the ordinary course of business;
      2. Until the Goods have been sold by the Purchaser in the ordinary course of the Purchaser’s business, the Purchaser holds the Goods as bailee for Stronghold Fabrications;
      3. The Goods are always at the risk of the Purchaser.
    2. The Purchaser is deemed to be in default immediately upon the happening of any of the following events:
      1. If any payment to Stronghold Fabrications is not made promptly before the due date for payment;
      2. If the Purchaser ceases to carry on business or stops or suspends payment or states its intention of so doing or is unable to pay its debts as they fall due or if any cheque or bill of exchange drawn by the Purchaser payable to Stronghold Fabrications is dishonoured;
    3. In the event of a default by the Purchaser, then without prejudice to any other rights which Stronghold Fabrications may have at law or under this contract:
      1. Stronghold Fabrications or its agents may without notice to the Purchaser enter the Purchaser’s premises or any premises under the control of the Purchaser for the purposes of recovering the Goods.
      2. Stronghold Fabrications may recover and resell the Goods;
      3. If the Goods cannot be distinguished from similar Goods which the Purchaser has or claims to have paid for in full, Stronghold Fabrications may in its absolute discretion seize all goods matching the description of the Goods and hold same for a reasonable period so that the respective claims of Stronghold Fabrications and the Purchaser may be ascertained. Stronghold Fabrications must promptly return to the Purchaser any goods the property of the Purchaser and Stronghold Fabrications is in no way liable or responsible for any loss or damage to the Goods or for any loss, damage or destruction to the Purchaser’s business howsoever arising from the seizure of the Goods.
      4. In the event that the Purchaser uses the Goods in some manufacturing or construction process of its own or some third party, then the Purchaser must hold such part of the proceeds of sale of such manufacturing or construction process as relates to the Goods in trust for Stronghold Fabrications. Such part will be an amount equal in dollar terms to the amount owing by the Purchaser to the Stronghold Fabrications at the time of the receipt of such proceeds. The Purchaser will pay Stronghold Fabrications such funds held in trust upon the demand of Stronghold Fabrications.

     

  8. Personal Properties Securities Act (“PPSA”)
    1. Defined terms in this clause have the same meaning as given to them in the PPSA.
    2. Stronghold Fabrications and Purchaser acknowledge that these Terms constitute a Security Agreement and give rise to a Purchase Money Security Interest (“PMSI”) in favour of Stronghold Fabrications over the Goods supplied or to be supplied to the Purchaser as Grantor pursuant to the Terms.
    3. The Goods supplied or to be supplied under these Terms fall within the PPSA classification of ”Other Goods” acquired by the Purchaser pursuant to these Terms and Conditions.
    4. Stronghold Fabrications and the Purchaser acknowledge that Stronghold Fabrications, as Secured Party, is entitled to register its interest in the Goods supplied or to be supplied to the Purchaser as Grantor under the Terms on the PPSA Register as Collateral.
    5. To the extent permissible at law, the Purchaser:
      1. 1 waives its right to receive notification of or a copy of any Verification Statement confirming registration of a Financing Statement or a Financing Change Statement relating to a Security Interest granted by the Purchaser, as Grantor, to Stronghold Fabrications.
      2. Agrees to indemnify Stronghold Fabrications on demand for all costs and expenses, including legal costs and expenses on a solicitor / client basis, associated with the;
        1. Registration or amendment or discharge of any Financing Statement registered by or on behalf of Stronghold Fabrications; and
        2. Enforcement or attempted enforcement of any Security Interest granted to Stronghold Fabrications by the Purchaser.
      3. agrees that nothing in sections 130 and 143 of the PPSA will apply to the Terms or the Security under the Terms;
      4. agrees to waive its right to do any of the following under the PPSA:
        1. Receive notice of removal of an Accession under section 95;
        2. Receive notice of an intention to seize Collateral under section 123;
        3. Object to the purchase of the Collateral by the Secured Party under section 129;
        4. Receive notice of disposal of Collateral under section 130;
        5. Receive a Statement of Account if there is no disposal under section 132(4);
        6. A Statement of Account under section 132(3)(d) following a disposal showing the amounts paid to other Secured Parties and whether Security Interests held by other Secured Parties have been discharged.
        7. Receive notice of retention of Collateral under section 135;
        8. Redeem the Collateral under section 142; and
        9. Reinstate the Security Agreement under section 143.
    6. All payments received from the Customer must be applied in accordance with section 14(6)(c) of the PPSA.

     

  9. Indemnity
    • To the full extent permitted by law, Purchaser will indemnify Stronghold Fabrications and keep Stronghold Fabrications indemnified from and against any liability and any loss or damage Stronghold Fabrications may sustain, as a result of any breach, act or omission, arising directly or indirectly from or in connection with any breach of any of these Terms by Purchaser or its representatives.

     

  10. General
    1. These terms and conditions are to be construed in accordance with the laws from time to time in the State of New South Wales and the Commonwealth of Australia.
    2. These standard trading conditions contain all of the terms and conditions of the contract between the parties and may only be varied by agreement in writing between the parties.
    3. Any conditions found to be void, unenforceable or illegal may, to that extent be severed from the Agreement.
    4. No waiver of any of these terms and conditions or failure to exercise a right or remedy by Stronghold Fabrications will be considered to imply or constitute a further waiver by Stronghold Fabrications of the same or any other term, condition, right or remedy.
What our Customers say

“Frantom Building has been in the custom building market in Residential homes in NSW for 15 years. We have worked with Scott and his team from Stronghold Fabrications in all aspects with steel, from design, shop drawings, and delivery. Their attention to detail has been proven in the perfection of the finish in their products and servicing ability. We look forward to moving into the future with Stronghold Fabrications.”

Ed Poulton Director Frantom Building Pty Ltd

“Just wanted to thank you for another awesome job. The steel you supplied for our home at Lilli Pilli went together perfectly and the 3D model was a great tool for us to use both during the install and for planning the final finishes on the project. Keep up the great work!”

Dave, Nitro Stainless Pty Ltd

“Thank you for another successful and efficient project completed by your team. Consistently well produced steel products from Stronghold Fabrications have ensured installation always goes smoothly on our projects. Your installers ability to work in with our teams onsite to ensure any site issues do not cause delays is a refreshing change. Thank you.”

Nicholas Klapsogiannis, General Manager, VantageCorp Pty Ltd
Man