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Terms & Conditions of Trade

Durabuilt Products Pty Ltd
Terms and Conditions of Trade

1. Interpretation

In these conditions:

Buyer means the purchaser of the Goods for any person acting on behalf of and with the express authority of the Buyer.

Goods means the products and, if any, services specified overleaf.

Price means the sale price of the Goods agreed between the Seller and the Buyer subject to clause 4.

Seller means Durabuilt Products Pty Ltd, which is the seller of the Goods.

Services means all services supplies by the Seller to the Buyer including any advice or recommendations.

Nothing in these conditions shall be read or applied to exclude, restrict, or modify or have the effect of excluding, restricting, or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Competition and Consumer Act 2010) and which by law cannot be excluded, restricted or modified.

2. General

These conditions (which shall only be waived in writing signed by the Seller) shall prevail over all conditions of the Buyer's order to the extent of any inconsistency.

3. Terms of sale

(a) The Goods and all other products sold by Seller are sold on these terms and conditions.

(b) Any instructions received by the Seller from the Buyer for the supply of Goods or Services shall constitute acceptance of these terms and conditions.

(c) Such acceptance cannot be revoked without the written consent of the Seller and may include a charge to the Buyer of cancellation or authorisation fee for all expenses incurred by the Seller for labour, materials, Services, freight, overhead expenses, duties, taxes and loss of profit or loss of opportunity.

(d) None of the Seller’s agents or representatives are authorised to make any representation, statements, conditions, or agreements unless contained in writing by the Seller.

(e) Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 9 of the Electronic Transactions (Victoria) Act 2000 or any other applicable provisions of that Act or any Regulations referred to in that Act.  

4. Seller's quotations

Unless previously withdrawn, Seller's quotations are open for acceptance within the period stated in them or, when no period is so stated, within seven (7) days only after its date. The Seller reserves the right to refuse any order based on this quotation within 7 days after the receipt of the order.

5. Packing

The cost of any special packing and packing materials used in relation to the Goods are at the Buyer's expense notwithstanding that such cost may have been omitted from any quotation.

6. Shortage

The Buyer waives any claim for shortage of any Goods delivered if a claim in respect for short delivery has not been lodged with the Seller within 7 days from the date of receipt of Goods by the Buyer.

7. Drawings, etc

(a) All specifications, drawings, and particulars of weights and dimensions submitted to the Seller are approximate only and any deviation from any of these things does not vitiate any contract with the Seller or form grounds for any claim against the Seller.

(b) The descriptions, illustrations and performances contained in catalogues, price lists and other advertising matter do not form part of the contract of sale of the Goods or of the description applied to the Goods.

(c) Where specifications, drawings or other particulars are supplied by the Buyer for the purposes of the Goods order, the Seller's price will be calculated based on estimates of quantities required to provide the Goods as specified, drawn or otherwise particularised by the Buyer. If there are any adjustments in quantities above or below the quantities estimated by Seller as set out in a quotation, then any such increase or decrease will be adjusted on a unit rate basis according to unit prices set out in this document or in the quotation.

(d) The Buyer warrants that the plans, specifications, and other information provided by the Buyer to Seller are accurate. The Buyer acknowledges and agrees that in the event that any plans, specifications or information provided by the Buyer is inaccurate: (a) Seller accepts no responsibility or liability for any loss, damages, or costs however resulting from these inaccurate plans, specifications or other information; (b) Seller is entitled to suspend or terminate the supply of Materials to the Buyer if there is a material change to the scope of Works as a result of inaccurate plans, specifications or other information.

8.   Performance

(a) Any performance figures given by the Seller are estimates only. The Seller is under no liability for damages for failure of the Goods to attain such figures unless specifically guaranteed in writing. Any such written guarantees are subject to the recognised tolerances applicable to such figures.

(b) The Seller may compute an estimate of dimensions and quantities of the Goods based on plans or other information given by or on behalf of the Buyer. The Seller shall have no liability as to the correct computation of any such estimate and the estimate is provided to the Buyer as indicative only and the Seller is not responsible for any mistakes in the estimate. The Buyer undertakes to check any such estimate and, in any event, accepts full responsibility for the dimensions and quantities of the Goods ordered as independently computed by the Buyer without relying on the estimate.

(c) The Buyer warrants to the Seller that it will not rely on representations made and/or advice given by the Seller or its employees in connection with the design, dimensions, installation, or use of the Goods and agrees that the Seller shall not be liable for the consequences of any mistakes in such representation or advice even if made or given negligently.

(d) Any description or specification given by the Seller or in printed literature of the Seller is for general indicative purposes only and does not render the Seller responsible in any way except to the extent that the Goods shall comply with the standards set out in such description or specification and that such description or specification shall not be taken as implying or giving any undertaking as to fitness for any particular purpose.

(e) If the Goods are required for a particular purpose the Buyer must clearly specify that purpose in writing in the order placed with the Seller and obtain written assurance from the Seller that the Goods when supplied will meet that requirement. If the Buyer does not specify the particular purpose and the Seller does not expressly undertake in writing that the Goods will be fit for the specified purpose, the customer agrees that it did not rely on the skill or judgment of the Seller in relation to the suitability of the Goods for a particular purpose and acknowledges that the Seller has not made any representation regarding the suitability of the Goods for any particular purpose whatsoever.

9. Delivery

(a) All EasyShed products are made to order. Your order should be manufactured between 4-8 weeks and dispatched within 10 business days from the next business day after your final order payment. During peak periods there may be delays due to high volume. Delivery then varies depending on your location. We recommend allowing up to 5 business days (1 week) after dispatch from our Albury, NSW warehouse.

(b) The Seller and its freight carriers or agents will not be liable for any physical or financial injury, loss, or damage or of consequential loss or damage of any kind arising out of the supply, delivery, manoeuvring, lifting, layout, assembly, installation, or operation of the Goods.

(c) The Seller’s freight carrier will make every attempt to work within specific delivery day/time requests. Due to operational constraints, some delivery locations may not be reachable on every day of the week or at a specific time requested. If the Buyer is unable to be at the delivery address on an available delivery day, and no alternative solution can be reached, the Seller reserves the right to; (a) seek payment of additional costs by the Buyer to cover a specific request, or (b) to provide the freight carrier or agent with Authority to Leave (ATL).

(d) If the Buyer or its agent fails to attend a delivery, the Seller may at its discretion; (a) seek payment of additional costs by the Buyer to cover return to depot and redelivery costs, or (b) provide the freight carrier or agent with Authority to Leave (ATL).

(e) In any case, if Authority to Leave (ATL) is provided by the Buyer or Seller, the Buyer will be liable for any subsequent missing, incorrect, or damaged items.

(f) The delivery times made known to the Buyer are estimates only. The Seller will not be liable for any loss, damage or delay occasioned to the Buyer its agents or its customers arising from late or non-delivery/installation.

(g) The Buyer is not relieved from any obligation to accept and pay for the Goods by reason of any delay in or in the instalment delivery of the Goods.

(h)The Buyer acknowledges that the Goods are heavy in nature, and all precautions should be taken when handling.

(i) The Seller and its freight carriers or agents will not be liable for any physical or financial injury, loss or damage or of consequential loss or damage of any kind arising out of the supply, delivery, manoeuvring, lifting, layout, assembly, installation or operation of the Goods.

10. Damaged, incorrect or missing parts or lost delivery

(a) The freight carrier Proof of Delivery (PoD) document or ‘Sign on Glass’ (SoG) device must be marked with a quantity, description, date, time and place of delivery which shall be conclusive evidence of such.

(b) If the Goods are delivered in a damaged state or there is short delivery or incorrect or faulty goods, the Buyer must request the company in writing for any rectification or replacement within eight (8) hours of the delivery of the alleged damage, short supply, incorrect or faulty Goods. Where a freight carrier or agent has taken receipt of the Goods on behalf of the buyer, the time of delivery shall be deemed to be when the Goods have been received by the freight carrier or the agent.

(c) The Buyer or its agent must at the time of the delivery specify on the PoD or SoG the nature and extent of the alleged damage, short supply, or incorrectness of the Goods. The Buyer assumes all responsibility for any damaged or missing Goods reported thereafter.

(d) All components, including their quality and quantities must be checked by the Buyer in accordance with the supply component checklist within seven (7) working days of receipt of the Goods. All Goods shall be deemed to be inspected and accepted by the Buyer unless notification to the contrary in writing is received by the Seller within seven (7) business days after delivery. Thereafter the Buyer releases the Seller from all liability in respect to the quality and quantity of components.

(e) In the event of damaged, incorrect, or missing components, the Buyer must assist the Seller in providing photographic evidence, identifying components, and checking their quality and quantity to such an extent as to arrange for replacement parts if deemed necessary by the Seller. At its sole discretion, the Seller reserves the right to replace the Goods, relevant part, or parts.

(f) The Seller shall not be liable for any additional costs, loss, damage, loss of profit or any claim whatsoever due to missing, incorrect or damaged components or lost delivery, whether reported to the Seller either before or after the periods referred to in these terms.

(g) The Buyer must provide the Seller with such assistance as may be reasonably necessary to institute claims against a carrier for damages to Goods in transit so long as the Buyer has notified the Seller and the carrier in writing immediately after loss or damage is discovered on receipt of Goods.

(h) The Seller shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of: (a) the Buyer failing to properly maintain or store any Materials; (b) the Buyer using the Materials for any purpose other than that for which they were designed; (c) the Buyer continuing to use any Materials after any defect became apparent or should have become apparent to a reasonably prudent operator or user; (d) the Buyer failing to follow any instructions or guidelines (including, but not limited to, any erection procedures) provided by Seller; (e) the Buyer failing to install/erect the Materials in accordance with local and Government regulations. (h) fair wear and tear, any accident, or act of God

11. Returns and Cancellation

(a) Except for any provisions to the contrary contained in this agreement, the Seller is not under any duty to accept Goods returned by the Buyer.

(b) No order may be cancelled by the Buyer except with the written consent of the Seller. In the event of a cancellation of the order by the Buyer, the Seller has the right to claim indemnity against all losses suffered by the Seller because of such cancellation.

(c) In the event that the Seller agrees to a cancellation of an order after acceptance of the proposal and prior to production, it shall be entitled to withhold the full amount of Engineering fees.  

(d) Cancellation of orders for products made to the Buyer’s specifications will not be accepted once production has commenced, or an order has been placed

12. Guarantee

(a) The Seller's liability for Goods manufactured by it is limited to making good any defects by repairing the defects or at the Seller's option by replacement, within a period not exceeding 12 calendar months after the Goods have been dispatched so long as:

   (i) the defects have arisen solely from faulty materials.    

   (ii) the Goods have not received maltreatment, inattention, or interference.

   (iii) accessories of any kind used by the Buyer are manufactured by or approved by Seller; and

   (iv) the defective parts are promptly returned free of cost to the Seller.

(b) The Seller is not liable for, and the Buyer releases the Seller from any claims in respect of faulty or defective design of any Goods supplied unless such design has been wholly prepared by the Seller and the responsibility for any claim has been specifically accepted by the Seller in writing. In any event the Seller's liability under this paragraph is limited strictly to the replacement of defective parts in accordance with paragraph (a) of these conditions.

(c) Except as provided in these conditions, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability, or fitness of the Goods for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are expressly excluded. The Seller is not liable for physical or financial injury, loss, or damage or for consequential loss or damage of any kind arising out of the supply, layout, assembly, installation, or operation of the Goods or arising out of the Seller's negligence or in any way.

13. Consumer guarantees

(a) Incorporated into these Terms and Conditions of Sale are the EasyShed (Durabuilt Products Pty Ltd) Rural & Industrial (Big Shed) Warranty Terms, a copy of which can be obtained from the Seller by request.

(b) Apart from the Warranty Terms referred to in clause 12 (a), to the fullest extent permitted by law, all terms, conditions, guarantees, indemnities, and warranties statutory or otherwise not expressly provided in these terms and conditions of sale are excluded. To the extent that any such obligation cannot be excluded the Seller's liability for a breach of a condition or warranty implied by Pt 3-2 Div 1 of the Australian Consumer Law is limited to:

 (i) in the case of Goods, any one or more of the following:

  (1) the replacement of the Goods or the supply of equivalent goods.

  (2) the repair of the Goods.

  (3) the payment of the cost of replacing the Goods or of acquiring equivalent goods.

  (4) the payment of the cost of having the Goods repaired.

14.  Indemnification of suppliers by manufacturers

The Seller's liability under s 274 of the Australian Consumer Law is expressly limited to a liability to pay to the purchaser an amount equal to:

(a) the cost of replacing the Goods.

(b) the cost of obtaining equivalent goods; or

(c) the cost of having the Goods repaired,

whichever is the lowest amount.

15. Prices

(a) Upon processing and/or payment of an order, it does not imply acceptance of pricing and contract in the case of a legitimate error, technical glitch, or malicious acts. The Seller reserves the right to correct pricing errors and/or cancel and refund orders where errors have occurred.

(b) The Price shall be as indicated on invoices provided by the Seller to the Buyer in respect of Goods.

(c) Unless otherwise stated all prices quoted by vendor are net, exclusive of Goods and Services Tax (GST).

(d) Prices quoted are those ruling at the date of issue of quotation and are based on rates of freight, insurance, customs duties, exchange, shipping expenses, sorting, and stacking charges, cartage, rate of water, cost of materials and other charges affecting the cost of production ruling on the date is made.

(e) If the Seller makes any alterations to the price of the Goods or to any of their inputs either before acceptance of or during the currency of the contract, these alterations are for the Buyer's account.

(f) At the Sellers sole discretion:

   (i) The Price shall be as indicated on invoices provided by the Seller to the Buyer in respect of Goods supplied; or

   (ii) The Price of the Goods shall be the Seller's quoted Price which shall be binding upon the Seller provided that the Buyer shall accept in writing the Seller's quotation within thirty (30) days, unless stated otherwise.

16. Payment

(a) Unless otherwise negotiated, 100% of the purchase amount is due before manufacturing.

(b) The Buyer shall be liable for the costs incurred by the Seller in using services of a solicitor, collection agent or other agent in recovering from the Buyer any amount of the Price and interest outstanding from time to time.

(c) Nothing in this provision is to be construed as the Seller consenting to late payments of the Price.

17. Rights in relation to Goods

The Seller reserves the following rights in relation to the Goods until all accounts owed by the Buyer to the Seller are fully paid:

(a) Prior to title in the Goods passing to the Buyer under the terms of this agreement, the Buyer agrees that:

   (i) the Buyer has no right or claim to any interest in the Goods to secure any liquidated or unliquidated debt or obligation the Seller owes to the Buyer;

   (ii) the Buyer cannot claim any lien over the Goods.

   (iii) the Buyer will not create any absolute or defeasible interest in the Goods in relation to any third party except as may be authorised by the Seller; and

   (iv) where the Buyer is in actual or constructive possession of the Goods:

   (1) the Buyer will not deliver them or any document of title to the Goods to any person except as directed by the Seller; and

   (2) it is in possession of the Goods as a bailee of those Goods and owes the Seller the duties and liabilities of a bailee.

(b) In connection with the Goods, the Seller states to the Buyer that:

   (i) the Seller has the right to supply the Goods to the Buyer.

   (ii) the activities of the Buyer in supplying the Goods do not infringe the rights of the owner of the Goods (where the Seller is not the owner of the Goods); and

   (iii) if the Goods are not owned by the Seller, that the Seller is authorised to supply the Goods to the Buyer.

(c) The Seller and the Buyer agree that:

   (i) the property of the Seller in the Goods remains with the Seller until the Seller has been paid in full for the Goods under all individual contracts for the supply of the Goods between the Seller and the Buyer.

   (ii) the Buyer is a bailee of the Goods until such time as property in them passes to the Buyer and that this bailment continues in relation to each of the Goods until the price of the Goods has been paid in full; and

   (iii) pending payment in full for the Goods, the Buyer:

   (1) must not supply any of the Goods to any person outside of its ordinary or usual course of business.

   (2) must insure the Goods for their full insurable or replacement value (whichever is the higher) with an insurer licensed or authorised to conduct the business of insurance in the place where the Buyer carries on business.

   (3) must not remove, deface, or obliterate any identifying plate, mark, or number on any of the Goods.

(d) If the Buyer supplies any of the Goods to any person before all moneys payable by the Buyer have been paid to the Seller, the Buyer agrees that:

   (i) it holds the proceeds of re-supply of the Goods on trust for and as agent for the Seller immediately when they are receivable or are received.

   (ii) it must either pay the amount of the proceeds of re-supply to the Seller immediately when they are received or pay those proceeds into an account with a bank or a financial institution or deposit-taking institution as trustee for the Seller.

   (iii) any accessory or item which accedes to any of the Goods by an act of the Buyer or of any person at the direction or request of the Buyer becomes and remains the property of the Seller until the Seller is paid in accordance with paragraph (c)(i) when the property in the Goods (including the accessory) passes to the Buyer; and

   (iv) if the Buyer fails to pay for the Goods within the period of credit (if any) extended by the Seller to the Buyer, subject to, and in accordance with, the Personal Property Securities Act 2009, the Seller may recover possession of the Goods at any site owned, possessed, or controlled by the Buyer and the Buyer agrees that the Seller has an irrevocable licence to do so.

18. Buyer's property

Any property of the Buyer under the Seller's possession, custody or control is completely at the Buyer's risk as regards loss or damage caused to the property or by it.

19. Storage

The Seller and its agents are not liable for storage of product not able to be immediately received upon ordering. The Seller reserves the right to charge a reasonable fee for storage if adequate delivery instructions or special requests are not advised in writing by the Buyer prior to manufacture and/or dispatch of Goods. The parties agree that the Seller may charge for storage from the first day costs are incurred. If storage costs are not paid, the Seller reserves the right to return purchased Goods. The Buyer is liable for any additional freight costs thereof in its return and re-dispatch, with the Goods held as collateral.

20. Goods sold

All Goods to be supplied by the Seller to the Buyer are as described on the purchase order agreed by the Seller and the Buyer and the description on such purchase order as so agreed prevails over all other descriptions of the Goods including any specification or enquiry of the Buyer.

By placing your Order or otherwise contacting the Seller, you agree that the Seller may store, process, and use data collected from your Order for the purposes of processing your Order. By placing your Order or otherwise contacting Us, you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other products that may be of interest to you. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request. At any time, you may opt out of receiving direct marketing communications from us. Unless you opt out, your consent to receive direct marketing communications from us will continue. To opt out email  

21. Place of contract

The contract for sale of the Goods is made in New South Wales, Australia. The parties submit all disputes arising between them to the courts of New South Wales and any court competent to hear appeals from those courts of first instance.