Terms & Conditions
SpeedRack Pty Ltd ACN 137 385 927
ABN 84 137 385 927
Terms of trade (“Terms”)
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Definitions and interpretation
1.1 Definitions
Additional Charge means:- fees or charges for additional work performed at the Customer’s request or reasonably required as a result of the Customer’s conduct, calculated in accordance with SpeedRack’s then current prices or as reasonably required for SpeedRack to cover its additional costs;
- expenses incurred by SpeedRack, at the Customer’s request or reasonably required as a result of the Customer’s conduct; and
- any other specific expenses which SpeedRack may be required to recover under Schedule 2 to these Terms which may be varied at SpeedRack’s sole discretion by notice to the Customer.
Business Day means a day that is not a Saturday, Sunday or public holiday in the place where the Services are principally being carried out or the Goods provided.
Customer means the person identified on a Quote or Order as the customer and includes the Customer’s agents and permitted assigns.
Goods means any goods supplied by SpeedRack including those supplied in the course of providing Services.
Loss includes, but is not limited to, costs (including party to party legal costs and SpeedRack’s legal costs), expenses, lost profits, award of damages, personal injury and property damage.
Order means a purchase order for Goods or Services placed by a Customer in response to a Quote and as varied in writing from time to time by the parties.
PPS Law means:- the Personal Property Security Act 2009 (Cth) (PPS Act) and any regulation made at any time under the PPS Act (each as amended from time to time); and
- any amendment made at any time to any other legislation as a consequence of a PPS Law.
Quote means a written description of the Goods or Services to be provided, an estimate of SpeedRack’s charges for the performance of the required work and an estimate of the time frame for the performance of the work.
Services means the services to be provided by SpeedRack to the Customer in accordance with a Quote and these Terms.
Supplier means Speedrack Pty Ltd ACN 137 385 927 (‘SpeedRack”) and includes SpeedRack’s agents and permitted assigns.
SpeedRack Policy means the SpeedRack’s policy as set out in Schedule 1 to these Terms which may be varied at SpeedRack’s sole discretion by notice to the Customer.1.2 Interpretation
In these Terms, unless the context otherwise requires:- a reference to writing includes email and other communication established through SpeedRack’s website (if any);
- the singular includes the plural and vice versa;
- a reference to a clause or paragraph is a reference to a clause or paragraph of these Terms;
- a reference to a party to these Terms or any other document or arrangement includes that party’s executors, administrators, successors and permitted assigns;
- where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning;
- headings are for ease of reference only and do not affect the meaning or interpretation of these Terms; and
- if the date on which any act, matter or thing is to be done falls on a day which is not a Business Day, that act, matter or thing:
- if it involves a payment other than a payment which is due on demand must be done on the preceding Business Day; and
- in all other cases, must be done on the next Business Day.
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General
- These Terms apply to all transactions between the Customer and SpeedRack relating to the provision of Goods and Services. This includes all quotations, contracts and variations. These Terms take precedence over Terms contained in any document of the Customer or elsewhere.
- The Customer may accept to be bound by these Terms by:
- signing and returning a copy of this document;
- giving SpeedRack instructions in relation to the progression of an Order or Quote;
- ongoing positive conduct in relation to the provision of Goods and Services by SpeedRack;
- the placing of, or continuation of an online order via SpeedRack’s website;
- the continued use of SpeedRack’s Goods or Services; and
- oral acceptance.
- These Terms may be amended at any time by SpeedRack with notice to the Customer and the
Customer’s access to SpeedRack’s website may be terminated at any time without notice. The Customer’s continued use of SpeedRack’s website and ongoing positive conduct in relation to the provision of Goods and Services by SpeedRack will represent an agreement by the Customer to be bound by the terms as amended. - Where the Customer’s access to the website is terminated, all disclaimers and limitations of liability set out in these Terms will survive.
- SpeedRack may from time to time amend or vary SpeedRack’s Policy in relation to specific Goods and Services provided by SpeedRack by notice to the Customer.
- SpeedRack may amend any details in a Quote without notice to the Customer before any Order is made. Such amended details supersede any relevant prior detail in dealings between the parties.
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Quotes
- SpeedRack may provide the Customer with a Quote. Any Quote issued by SpeedRack is valid for 14 days from the date of issue unless otherwise agreed in writing by SpeedRack.
- A Quote does not include the cost of delivery or installation of the Goods unless otherwise expressly agreed in writing.
- All prices included in a Quote are exclusive of GST unless otherwise stated.
- Quotes are based upon the cost of materials available at the time of preparation of the Quote and assume the timely supply by the Customer of necessary material and instructions to SpeedRack.
- Following the provision of a Quote to the Customer, SpeedRack is not obliged to commence work until the Quote has been accepted by the Customer by the placement of an Order.
- SpeedRack reserves the right to amend any Quote before the Order has been completed to take into account any rise or fall in the cost of completing the Order. SpeedRack will notify the Customer of any amendment as soon as practicable, at which point the amended Quote will be the estimate or Quote for the purposes of these Terms.
- An indication in a Quote of the time frame for the provision of the Goods or Services is an estimate only and is not a fixed time frame. Subject to any obligations in respect of consumer guarantees under the Australian Consumer Law, this estimate is not binding upon SpeedRack and SpeedRack shall not be liable for failure to dispatch, install or provide the Goods or Services within such time frames unless otherwise agreed in writing.
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Orders
- Every Order by the Customer for the provision of Goods or Services must be submitted in writing on SpeedRack’s standard Order form (unless otherwise agreed).
- An Order will only be deemed to be placed by the Customer if the Order clearly identifies the Goods or Services ordered and SpeedRack’s Quote. Any costs incurred by SpeedRack in reliance on incorrect or inadequate information provided by the Customer in an Order may result in the imposition of an Additional Charge.
- Orders must be signed by an authorised representative of the Customer and must specify the Customer’s delivery address.
- Placement of an Order by the Customer signifies acceptance by the Customer of these Terms and the most recent Quote provided by SpeedRack relating to that Order.
- SpeedRack may in its absolute discretion refuse to provide Goods or Services where:
- Goods are unavailable for any reason whatsoever;
- credit limits cannot be agreed upon or have been exceeded; or
- payment for Goods or Services previously provided to the Customer or any related corporation of the Customer or to any other party who is, in the reasonable opinion of SpeedRack, associated with the Customer under the same or another supply contract, has not been received by SpeedRack.
- A Customer cannot cancel an Order without the prior written consent of SpeedRack. Where a Customer cancels an Order, the Customer must indemnify SpeedRack against any Losses incurred by SpeedRack as a result of the cancellation. This includes, but is not limited to, loss of profit from other orders foregone as a result of the scheduling of the Order which is subsequently cancelled.
- Customer instigated cancellation shall incur a cancellation fee of 10% for restocking, with a minimum charge of $200.00 (excluding GST).
- SpeedRack will not accept cancellation of custom Orders once payment has been received.
- SpeedRack will not provide the Customer any refund or exchange for change of mind once Goods are dispatched to the Customer.
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Variations
- The Customer may request that its Order be varied by providing a request in writing to SpeedRack. A request for a variation must be agreed to in writing by SpeedRack in order to have effect.
- If the Customer wishes to vary its requirements after a Quote has been prepared by SpeedRack or after the placement of an Order, SpeedRack reserves the right to vary the Quote to include any Additional Charge in respect of any extra costs incurred or additional work carried out due to the variation, in accordance with its then current charge rates. A revised Quote issued by SpeedRack in respect of the requested variation supersedes the original Quote. If the revised Quote only specifies additional work, the Quote for that additional work will be in addition to the immediately preceding Quote for the Goods or Services or both.
- SpeedRack has an automatic extension of time for the provision of the Goods or Services equal to the delay caused by the variation.
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Invoicing and payment
- SpeedRack may in its absolute discretion, issue an invoice to the Customer in any one or more of the following ways:
- prior to commencing the provision of the Goods or Services, for an amount equal to the Quote and Additional Charges. Completion of the Order is conditional on the Customer making full payment of the invoice.
- SpeedRack may issue one or more invoices for a proportion of the whole amount of the Quote. These invoices may be issued in separate instalments where SpeedRack delivers the Goods in separate instalments; or
- upon completion of the provision of the Goods or Services or any time thereafter, for any Additional Charges and any amount not previously invoiced.
- The amount payable by the Customer will be the amount set out in the invoice. This will be calculated as:
- the amount for the Goods or Services (or both) as set out in the Quote and any Additional Charges, or
- where no Quote has been provided by SpeedRack, SpeedRack’s usual charges for the Goods or Services (or both) as described in the Order.
- The Customer must pay to SpeedRack any amounts on an invoice issued by the earlier of either the date specified as the due date on the invoice or within 7 days of a valid tax invoice being issued to the Customer.
- If any invoice is due but unpaid, SpeedRack may withhold the provision of any further Goods or Services until overdue amounts are paid in full.
- SpeedRack may in its complete discretion apply any payment received from the Customer to any amount owing by the Customer to SpeedRack.
- The Customer is not entitled to retain any money owing to SpeedRack notwithstanding any default or alleged default by SpeedRack of these Terms, including (but not limited to) the supply of allegedly faulty or defective Goods, provision of Services to an inadequate standard or a delay in the provision of Goods or Services. Nothing in this paragraph affects the Customer’s rights for any alleged failure of a guarantee under the Australian Consumer Law.
- The Customer is to pay SpeedRack on demand interest that is to accrue daily from the date when payment becomes due, until the date the Customer pays the invoice, at the rate of 2.5% per calendar month. The interest shall compound monthly at the rate of 2.5% after and before any judgement.
- All costs and expenses associated with collecting overdue amounts, including (but not limited to) legal fees and internal costs and expenses of SpeedRack, are to be paid by the Customer as a debt due and payable under these Terms.
- The Customer and SpeedRack agree to comply with their obligations in relation to Goods and Services Tax (GST) under the A New Tax System (Goods and Services Tax) Act 1999 and any other applicable legislation governing GST.
- SpeedRack may in its absolute discretion, issue an invoice to the Customer in any one or more of the following ways:
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Additional Charges
- SpeedRack may require the Customer to pay Additional Charges in respect of Costs incurred by SpeedRack as a result of reliance on inadequate or incorrect information or material provided by the Customer or information or material supplied later than required by SpeedRack in order for it to provide the Goods or Services within the specified time frame (if any).
- The imposition of Additional Charges may also occur as a result of:
- cancellation by the Customer of an Order where cancellation results in Loss to SpeedRack;
- Government or council taxes or charges not included in the Quote; or
- additional work required by the Customer or any other occurrence which causes SpeedRack to incur costs in respect of the Customer’s Order additional to the quoted cost.
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Delivery of Goods
- Delivery of Goods shall take place when the Customer takes possession of the Goods at the Customers nominated address.
- The cost of delivery is at the cost of the Customer.
- Deliveries shall be made Monday to Friday, between 8:30 am and 5 pm unless otherwise agreed to in writing by SpeedRack. The Customer shall be responsible for ensuring that authorised personnel will be available at the delivery address to receive the delivery. If SpeedRack is unable to deliver Goods as a result of incorrect information provided by the Customer or unavailability to recipient personnel, SpeedRack reserves the right to invoice the Customer an Additional Charge for Redelivery Fees.
- The Customer must ensure that the delivery address provided to SpeedRack is correct and must notify SpeedRack immediately of any incorrect delivery address or information. SpeedRack reserves the right to invoice the Customer Additional Charges for re-delivery fees if delivery is impossible due to incorrect information provided by the Customer.
- The Customer will incur an Additional Charge for redelivery (‘Redelivery Fee’) in the event SpeedRack is unable to deliver the Goods as a result of:
- incorrect delivery instructions provided by the Customer; or
- the Customer failed to take all arrangements necessary to take delivery of Goods when tended for delivery.
If the redelivery fee is not paid in full within 7 days from the date of delivery SpeedRack may cancel the Order.
- Delivery of Goods to a third party nominated by the Customer is deemed to be delivery to the Customer for the purpose of these Terms.
- SpeedRack may deliver the Goods in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions of these Terms.
- The failure of SpeedRack to deliver shall not entitle either party to treat this contract as repudiated.
- SpeedRack shall not be liable for any Loss or damage whatever due to failure by SpeedRack to deliver the Goods.
- Where a Customer has elected for delivery to an unmanned site, SpeedRack shall not be responsible for Goods once delivered and all risk shall pass to the Customer including in the event title to the Goods has not yet passed to the Customer.
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Installation
- Unless otherwise agreed in writing, the Customer must provide the following to SpeedRack to unload the Goods, and for use during construction/installation.
- a forklift;
- reasonable standard lighting which shall be determined by SpeedRack at its sole discretion; and
- access to a power supply within 30 meters of the work area.
- Where installation is included in the Order, the Customer must ensure a clear working site and adequate access to all necessary workspace. SpeedRack reserves the right to inspect the working area and delay construction due to inadequate access or facilities at the site.
- If for any reason un-due to SpeedRack, Construction is unable to begin, an Additional Charge for Delayed Construction will be charged to the Customer.
- SpeedRack will carry out installations only in accordance with approved drawings. If the Customer wishes to make changes or adjustments to the floor plan, layout, or height of levels:
- the changes must first be approved by SpeedRack Head Office; and
- if Construction has commenced, alterations will incur an Additional Charge in accordance with the Alteration Charge rate.
- Notwithstanding any other provision of these Terms, the Customer is to effect full payment of the Order prior to installation.
- In the case of racking structures that are to be bolted to the floor, if the floor slab is reinforced with grid steel mesh or similar materials, special drilling equipment may be required and the Customer may incur an Additional Charge. The Customer must ensure that notice is given to SpeedRack of any special drilling requirement due to the nature of the Customer’s flooring.
- Unless otherwise agreed in writing, any installation cost assumes a reasonable condition of flatness to the installation floor. SpeedRack reserves the right to impose an Additional Charge to rectify the faulty or uneven flooring to complete installation.
- Unless otherwise agreed in writing, the Customer must provide the following to SpeedRack to unload the Goods, and for use during construction/installation.
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Acceptance of Goods
- If the Customer fails to advise SpeedRack in writing of any fault in Goods or failure of Goods to accord with the Customer’s Order within 72 hours of delivery (time being of the essence), the Customer is deemed to have accepted the Goods and to have accepted that the Goods are not faulty and accord with the Customer’s Order. Nothing in this paragraph affects the Customer’s rights for any alleged failure of a guarantee under the Australian Consumer Law.
- Once a Customer has accepted the Goods in accordance with paragraph 10(a) of these Terms, SpeedRack will not be liable to accept any refund, return or exchange the Goods.
- If the Customer notifies SpeedRack within 72 hours of delivery that the Goods are defective and do not comply with the Order, the Customer shall afford SpeedRack an opportunity to inspect the Goods. SpeedRack at their discretion may state in writing that the Customer is entitled to reject the Goods based on SpeedRack’s fault. SpeedRack’s liability in accordance with this paragraph is limited to SpeedRack’s discretion to either replace or repair the Goods.
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Title and risk
- Risk in Goods passes to the Customer immediately upon delivery, including in the event SpeedRack retains title to the Goods.
- Property and title in Goods supplied to the Customer under these Terms does not pass to the Customer until all money (including money owing in respect of other transactions between SpeedRack and the Customer) that is due and payable to SpeedRack by the Customer have been fully paid.
- Full payment is made when the form of payment has been honoured, cleared or recognised by SpeedRack.
- Where Goods are supplied by SpeedRack to the Customer without payment in full, the Customer:
- is a bailee of the Goods until property in them passes to the Customer;
- irrevocably appoints SpeedRack to be its attorney to do all acts and things necessary to ensure the retention of title to goods including the registration of any security interest in favour of SpeedRack with respect to the Goods under applicable law;
- must be able upon demand by SpeedRack to separate and identify as belonging to SpeedRack Goods supplied by SpeedRack from other Goods which are held by the Customer;
- must not allow any person to have or acquire any security interest in the Goods;
- agrees that SpeedRack may repossess the Goods if payment is not made within the earlier time of the time stipulated in the Order or SpeedRack’s invoice, or 7 days (or such longer time as SpeedRack may, in its complete discretion, approve in writing) of the supply of the Goods; and
- the Customer grants an irrevocable licence to SpeedRack or its agent to enter the Customer’s premises in order to recover possession of Goods pursuant to this paragraph. The Customer indemnifies SpeedRack for any damage to property or personal injury which occurs as a result of SpeedRack entering the Customer’s premises.
- Where Goods are supplied by SpeedRack to the Customer without payment in full of all moneys payable in respect of the Goods and any Services provided by SpeedRack in respect of those Goods, and:
- the Customer makes a new object from the Goods, whether finished or not;
- the Customer mixes the Goods with other goods; or
- the Goods become part of other goods (New Goods),
the Customer agrees with SpeedRack that the ownership of the New Goods immediately passes to SpeedRack. The Customer will hold the New Goods on trust for SpeedRack until payment of all sums owing to SpeedRack whether under these Terms or any other contract have been made. SpeedRack may require the Customer to store the New Goods in a manner that clearly shows the ownership of SpeedRack.
- For the avoidance of doubt, under paragraph 11(e), the ownership of the New Goods passes to SpeedRack at the beginning of the operation or event by which the Goods are converted into, are mixed with or become part of other goods.
- Despite paragraph 11(d), the Customer may transfer, sell or dispose of Goods, including New Goods, to a third party in the ordinary course of business. This is provided that:
- where the Customer is paid by a third party in respect of Goods including New Goods, the Customer holds the whole of the proceeds of sale, less any GST, on trust for SpeedRack in a separate account, until all amounts owed by the Customer to SpeedRack have been paid; or
- where the Customer is not paid by a third party, the Customer agrees to assign all of its rights against the third party to SpeedRack upon SpeedRack giving the Customer notice in writing to that effect and for the purpose of giving effect to that assignment, the Customer irrevocably appoints SpeedRack as its attorney.
- Where Goods are supplied by SpeedRack to the Customer without payment in full of all moneys payable in respect of the Goods and any Services provided by SpeedRack in respect of those Goods, the Customer acknowledges that SpeedRack has a right to register and perfect a personal property security interest.
- If:
- a PPS Law applies or commences to apply to these Terms or any transaction contemplated by them, or SpeedRack determines (based on legal advice) that this is the case; and
- in SpeedRack’s opinion, the PPS Law:
- does or will adversely affect SpeedRack’s security position or obligations; or
- enables or would enable SpeedRack’s security position to be improved without adversely affecting the Customer,
SpeedRack may give notice to the Customer requiring the Customer to do anything (including amending these Terms or execute any new Terms and Conditions) that in SpeedRack’s opinion is necessary, to the maximum possible extent, to overcome the circumstances contemplated in paragraph 11(i)(ii)(A) or improve the security position as contemplated in paragraph 11(i)(ii)(B). The Customer must comply with the requirements of that notice within the time specified in the notice. If having completed everything reasonably practicable as required under this paragraph, in SpeedRack’s opinion SpeedRack’s security position or obligations under or in connection with these Terms have been or will be materially adversely affected, SpeedRack may by further notice to the Customer cancel these Terms. If this occurs, the Customer must pay to SpeedRack any money owed to SpeedRack by the Customer immediately.
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Agency and assignment
- The Customer agrees that SpeedRack may at any time appoint or engage an agent to perform an obligation of SpeedRack arising out of or pursuant to these Terms.
- SpeedRack has the right to assign and transfer to any person all or any of its title, estate, interest, benefit, rights, duties and obligations arising in, under or from these Terms provided that the assignee agrees to assume any duties and obligations of SpeedRack owed to the Customer under these Terms.
- The Customer may not assign, or purport to assign, any of its obligations or rights under these Terms without SpeedRack’s prior written consent.
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Default by Customer
- Each of the following occurrences constitutes an event of default:
- the Customer breaches or is alleged to have breached these Terms for any reason (including, but not limited to, defaulting on any payment due under these Terms) and fails to remedy that breach within 14 days of being given notice by SpeedRack to do so;
- the Customer, being a natural person, commits an act of bankruptcy;
- the Customer, being a corporation, is subject to:
- a petition being presented, an order being made or a meeting being called to consider a resolution for the Customer to be wound up, deregistered or dissolved;
- a receiver, receiver and manager or an administrator under Part 5.3A of the Corporations Act 2001 being appointed to all or any part of the Customer’s property and undertaking;
- the entering of a scheme of arrangement (other than for the purpose of restructuring); and
- any assignment for the benefit of creditors;
- the Customer purports to assign its rights under these Terms without SpeedRack’s prior written consent; or
- the Customer ceases or threatens to cease conduct of its business in the normal manner.
- Where an event of default occurs, except where payment in full has been received by SpeedRack, SpeedRack may:
- terminate these Terms;
- terminate any or all Orders and credit arrangements (if any) with the Customer;
- refuse to deliver Goods or provide further Services;
- pursuant to paragraph 11(d), repossess and re-sell any Goods delivered to the Customer, the payment for which has not been received; or
- retain (where applicable) all money paid by the Customer on account of Goods or Services or otherwise.
- In addition to any action permitted to be taken by SpeedRack under paragraph 13(b), on the occurrence of an event of default, all invoices will become immediately due and payable.
- Each of the following occurrences constitutes an event of default:
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Exclusions and limitation of liability
- The Customer expressly agrees that use of the Goods and Services is at the Customer’s risk. To the full extent allowed by law, SpeedRack’s liability for breach of any term implied into these Terms by any law is excluded.
- All information, specifications and samples provided by SpeedRack in relation to the Goods or Services are approximations only and, subject to any guarantees under the Australian Consumer Law, small deviations or slight variations from them which do not substantially affect the Customer’s use of the Goods or Services will not entitle the Customer to reject the Goods upon delivery, or to make any claim in respect of them.
- In the event Goods are affected by faulty materials or workmanship, SpeedRack will (at its sole discretion) repair or replace the Goods in accordance with the relevant warranty period.
- To the extent permitted by law, under no circumstances is SpeedRack or any of its suppliers liable or responsible in any way to the Customer or any other person for any loss, damages, costs, expenses or other claims (including consequential damages and loss of profits or loss of revenues) as a result, direct or indirect of any defect, deficiency or discrepancy in the Goods or Services. This includes their form, content and timeliness of deliveries, failure of performance, error, omission, defect, including, without limitation, for and in relation to any of the following:
- any Goods or Services supplied to the Customer;
- any delay in supply of the Goods or Services; or
- any failure to supply the Goods or Services.
- Any advice, recommendation, information, assistance or service given by SpeedRack in relation to Goods or Services or both, is given in good faith and is believed to be accurate, appropriate and reliable at the time it is given. It is provided without any warranty or accuracy, appropriateness or reliability. SpeedRack does not accept any liability or responsibility for any Loss suffered as a result of the Customer’s reliance on such advice, recommendation, information or assistance.
- To the fullest extent permissible at law, SpeedRack is not liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, or profits, arising out of or in any way connected with the provision of or failure to provide Goods or Services, or otherwise arising out of the provision of Goods or the Services, whether based on Terms, negligence, strict liability or otherwise, even if SpeedRack has been advised of the possibility of damages.
- The Australian Consumer Law may give the Customer certain guarantees. Where liability for breach of any such guarantee can be limited, SpeedRack’s liability (if any) arising from any breach of those guarantees is limited with respect to the supply of Goods, to the replacement or repair of the Goods or the costs of resupply or replacement of the Goods or with respect to Services to the supply of Services again or cost of re-supplying the Services again. Under no circumstances will SpeedRack’s liability exceed the Price of the Goods.
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Indemnity
- The Customer indemnifies and keeps indemnified SpeedRack, its servants and agents in respect of any claim or demand made or action commenced by any person (including, but not limited to, the Customer) against SpeedRack or, for which SpeedRack is liable, in connection with any Loss arising from or incidental to the provision of Goods or Services, any Order or the subject matter of these Terms.
- This includes, but is not limited to, any legal costs incurred by SpeedRack in relation to meeting any claim or demand or any party/party legal costs for which SpeedRack is liable in connection with any such claim or demand.
- This provision remains in force after the termination of these Terms.
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Force majeure
- If circumstances beyond SpeedRack’s control prevent or hinder its provision of the Goods or Services, SpeedRack is free from any obligation to provide the Goods or Services while those circumstances continue. SpeedRack may elect to terminate this agreement or keep the agreement on foot until such circumstances have ceased.
- Circumstances beyond SpeedRack’s control include, but are not limited to, acts and omissions of the Customer, unavailability of materials or components, strikes, lockouts, riots, industrial disputes, theft, vandalism, arson, natural disasters, civil unrest, war, terrorist actions, acts of God, Government policy, transport delays, accidents or embargos.
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Dispute resolution
- If a dispute arises between the Customer and SpeedRack, the following procedure applies:
- A party may give another party a notice of the dispute and the dispute must be dealt with in accordance with the procedure set out in this paragraph.
- A party must not commence legal proceedings (except proceedings seeking interlocutory relief) in respect of a dispute unless the dispute has been referred for resolution in accordance with this paragraph.
- A party must not oppose any application for a stay of any legal proceedings that may be issued in respect of a dispute pending the completion or termination of the procedure set out in this paragraph.
- If a dispute is notified, the dispute must immediately be referred to a representative of each party who must endeavour to resolve the dispute as soon as possible and in any event within 14 Business Days (or other period as agreed).
- Unless otherwise agreed by the parties, any dispute that cannot be settled by negotiation between the parties or their representatives, the parties expressly agree to endeavour to settle the dispute by mediation administered by the Australian Commercial Disputes Centre (ACDC) before having recourse to arbitration or litigation. The mediation must be conducted in accordance with the ACDC Guidelines for Commercial Mediation which operate at the time the matter is referred to ACDC. The Guidelines set out the procedures to be adopted, the process of selection of the mediator and the costs involved. The terms of the Guidelines are incorporated into these Terms. This paragraph survives termination of these Terms.
- Notwithstanding the existence of a dispute (including the referral of the dispute to mediation), each party must continue to perform its obligations under these Terms.
- The parties must hold confidential, unless otherwise required by law or at the direction of a court of competent jurisdiction, all information relating to the subject matter of the dispute that is disclosed during or for the purposes of dispute resolution. The parties acknowledge that the purpose of any exchange of information or documents or the making of any offer of settlement pursuant to this procedure is to attempt to settle the dispute between the parties. No party may use any information or documents obtained through the dispute resolution process for any purpose other than an attempt to settle the dispute between the parties.
- If a dispute arises between the Customer and SpeedRack, the following procedure applies:
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Miscellaneous
- These Terms are governed by the laws of the state of New South Wales and each party irrevocably submits to the non-exclusive jurisdiction of the courts of New South Wales
- These Terms and any Quotes and written variations agreed to in writing by SpeedRack represent the whole agreement between the parties relating to the subject matter of these terms.
- These Terms supersede all oral and written negotiations and communications by and on behalf of either of the parties.
- In entering into these Terms, the Customer has not relied on any warranty, representation or statement, whether oral or written, made by SpeedRack or any of its employees or agents relating to or in connection with the subject matter of these Terms.
- If any provision of these Terms at any time is or becomes void, voidable or unenforceable, the remaining provisions will continue to have full force and effect.
- A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right.
- A notice or other communication required or permitted to be given by one party to another must be in writing to the address shown on a Quote (or as varied pursuant to this paragraph) and delivered personally, sent by pre-paid mail to the address of the addressee specified in the relevant Quote; or sent by email to the email address of the addressee specified in the relevant Quote with acknowledgement of delivery.
- A notice or other communication is taken to have been given (unless otherwise proved) if mailed, on the second Business Day after posting on the day it is sent and otherwise on the next Business Day at the place of receipt.
- A party may only change its postal or email address for service by giving notice of that change in writing to the other party.
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General
The below General Policy in this paragraph 1 shall apply to all SpeedRack Goods and Services. Where there is an inconsistency between the General Policy and the Policy applicable to specific Goods and Services, the specific Policy shall prevail.
- Lead time for SpeedRack Goods and Services is approximately 8 to 12 Business Days before the Goods are arranged for delivery. The lead time is to be treated by the Customer as an estimate only and SpeedRack shall not be liable for any Loss suffered by the Customer as a result of the failure by SpeedRack to dispatch, install or otherwise deliver Goods or Services within such time unless expressly agreed in writing by SpeedRack.
- Lead times commence at the receipt by SpeedRack of:
- payment in full; and
- all requested Customer documentation.
- SpeedRack does not process Order until:
- the Customer provides a correct delivery address; and
- payment is made in full.
- Orders pending redelivery with outstanding payment (including outstanding payment for Additional Charges) will be deemed abandoned after 7 days.
- SpeedRack does not provide notice of delivery.
- SpeedRack shall not be liable for any Loss, damage or delay incurred by the Customer or its subsequent Customers arising from late or non-delivery.
- All delivery Quotes are based on the delivery site being a commercial location with an onsite forklift to unload Goods.
- Where the Customer has chosen to hand unload goods, the Customer will be allotted a 15 minute time window to unload delivered Goods. If the Customer exceeds this time window, an Additional Charge in the form of a Demurrage Charge shall apply.
- Photos listed on SpeedRack’s website are for illustration purposes only and may vary from Goods depicted or described.
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Tiny Tips
- SpeedRack shall only deliver or collect skip bins between SpeedRack’s ordinary business hours Monday to Friday. Any variation to collection time must be agreed to by SpeedRack in writing.
- SpeedRack does not guarantee specific days for delivery and pick up of skip bins.
- Unless otherwise stated, standard bookings for skip bins are for 5 Business Days including the delivery and collection days.
- The Customer is to provide instructions for the placement of skip bins prior to delivery. Bins cannot be moved during the hire period once placed.
- The Customer must ensure a clear accessible space to unload or load skip bins and must ensure such space is approved by council or strata if applicable.
- Unless otherwise stated, the maximum weight in any skip bin provided by SpeedRack is 3500kg. All additional weight must be removed by the Customer prior to pick up.
- SpeedRack may impose an Additional Charge in the form of an Overweight Charge for overweight weight-limited bins.
- The Customer must ensure that all skip bins are not overfilled beyond the rim. The Customer shall be responsible for the removal of all waste that exceeds the rim of a skip bin prior to collection by a SpeedRack driver. SpeedRack may impose an Additional Charge in the form of a Overfill Charge in the event a driver is required to return to collect an overfilled skip bin or is required to manually remove waste to comply with this policy.
- SpeedRack will charge the Customer an Additional Charge as a Futile Delivery Charge in the event
SpeedRack’s driver is unable to deliver or pick up a bin due where the Customer is at fault.
- SpeedRack will not be responsible for any third parties contributing waste to the Customer’s hired skip bins.
- The Customer is responsible for all waste in the skip bin and must ensure no Prohibited Waste is included Prohibited Waste includes:
- liquid waste;
- food waste;
- human waste including nappies;
- carpet, underlay, vinyl or fibro;
- gas cylinders;
- asbestos;
- mattresses;
- tyres;
- large tree stumps (over 50cm in any direction);
- TV screens;
- Insulation and insulation material;
- Empty chemical containers; and
- Synthetic grass.
- Bins contaminated with Prohibited Waste will be returned to the Customer for sorting and an Additional Charge for Futile Delivery shall apply.
- SpeedRack shall retain the Customer’s credit card information for the purpose of any Additional Charges which may become payable.
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Boat Docks
- SpeedRack’s lead time for Boat Dock goods is between 1 to 12 Business Days, however, SpeedRack reserves the right to extend the lead time by notice to the Customer.
- The Customer shall be solely responsible for selecting the appropriate size and style of dock for their vessel and is not to rely on any advice from SpeedRack.
- Once SpeedRack has completed delivery of an Order for a Boat Dock SpeedRack is not liable to accept any refund or cancellation.
- The Customer is to specify the location of any accessories prior to assembly. SpeedRack will not be responsible for the adjustment of accessories or damaged hardware as a result of adjustment.
- A sketch or drawing is to be provided by the Customer for all non-standard docks or platforms.
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Pallet Racking
- Once the Customer has placed an Order for Pallet Racking, SpeedRack will not be liable to accept any refund or cancellation.
- Racking Bay and Beams are rated using the Uniformly Distributed Load (UDL). The Pallet Racking systems can hold the specified UDL where the weight is uniformly spread. SpeedRack will not be responsible for any damage caused by the Customer’s failure to adhere to the UDL specification.
- The Customer must provide SpeedRack with an accurate floor plan of the installation area prior to installation. SpeedRack reserves the right to delay installation until such plan is provided.
- All delivery Quotes are based on the delivery site being a commercial location with an onsite forklift to unload Goods. The Customer must notify SpeedRack in the event the delivery site is not a commercial location and does not have an onsite forklift. An Additional Charge will apply for delivery to residential locations or where manual unloading is required.
- When purchasing used materials, there may be variations supplied to what was ordered. The closest size available to what has been ordered will be supplied. SpeedRack shall not be liable for any costs whatever due to the available sizes only being supplied by SpeedRack.
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Truck Hire
- Once a quote is accepted SpeedRack will make arrangements to collect the Customer’s order.
- Once a Customer’s quote is accepted by SpeedRack any cancellation of the Customer’s quote once SpeedRack have made arrangements to collect the Customer’s order will still need to be paid in full which may be several day before the scheduled collection date. This is due to SpeedRack’s scheduling logistics which may result in the collection of a Customer’s order being part of a larger route in which SpeedRack’s collection truck will collect orders from other customers.
- SpeedRack will also require a Customer’s order to be paid in full in the case with Futile Pick-ups and Deliveries. SpeedRack deems a futile pick up to also include goods that are over-sized from what has been quoted, including over the weight specified. SpeedRack may weigh these items, and additional charges may be applicable before SpeedRack delivers the order. SpeedRack deems this to also include items that are not packaged for safe transport.
- In the event of incorrect information provided by the Customer and delivery is not able to be made, the Customer may incur an Additional Charge for Futile Delivery.
Schedule 1 – SpeedRack Policy
SpeedRack’s Policy for Goods and Services
Schedule 2 – Schedule of Additional Charges
Additional Charge Type | Amount exclusive of GST |
Cancellation Charge | 10% restocking fee with a minimum of $200.00 |
Redelivery Charge | Variable depending on delivery location |
Delayed Construction Charge | $280.00 |
Alteration Charge | $60.00 per hour per man |
Demurrage Charge | $60.00 per 30 minute period |
Overweight Charge | $30.00 per 100kg |
Overfill Charge | $150.00 |
Futile Delivery Charge | $150.00 |
Reinforced Floor Slab Charge | As assessed by SpeedRack personnel |
Floor Flatness Rectification Charge | As assessed by SpeedRack personnel |
Residential and Manual Unloading | Variable determined by location and transport provider |
Delivery Charge | |
Reschedule Booking Charge | $150.00 in NSW, variable for other states |