Kavanagh Industries Pty Ltd
ACN 002 776 981 | ABN 22 002 776 981
(“Company”)
These Terms and Conditions apply to all products and services supplied by the Company. Unless otherwise agreed in writing by an authorised officer of the Company and a credit-approved applicant (“Customer”), these Terms prevail over any contrary terms in Customer documents.
1. General
1.1 All orders are subject to these Terms and Conditions, which the Company may vary at any time.
1.2 Quotations are valid for 30 calendar days from the date of issue. After this period, rise and fall provisions apply.
1.3 If a Customer cancels or alters an order (including special or custom products), the Company may charge for:
- Materials already acquired
- Labour performed
- Tooling costs incurred
1.4 The Company may, at its sole discretion:
a) Refuse to accept any order;
b) Cancel any order after acceptance;
and will not be liable for any resulting loss or damage.
1.5 The Company is not required to provide reasons for refusing or cancelling an order.
1.6 Commencement of work is subject to Company credit approval.
1.7 If specified materials become unavailable, the Company may substitute a suitable alternative meeting relevant standards.
1.8 All implied terms (by law, custom, etc.) are excluded to the maximum extent permitted by law.
Nothing excludes rights under the Competition and Consumer Act 2010 (Cth) or other non-excludable laws.
2. Pricing
2.1 The Company may amend quotation prices to correct errors or omissions, even after acceptance.
2.2 Prices may change based on final construction drawings.
2.3 Unless stated otherwise, all prices are exclusive of GST. GST will be added where applicable.
3. Terms of Payment
3.1 Payment is due within 30 days (end of month) from invoice date.
3.2 Payment is deemed made when funds clear into the Company’s account.
3.3 If payment is not made on time, the Company may:
a) Charge interest at 10% per annum (calculated daily);
b) Recover all collection/legal costs on a solicitor-client basis;
c) Suspend work and terminate supply agreements;
d) Require cash on delivery for future work.
Payments received are applied in the following order:
- Interest
- Services
- Goods
4. Storage, Delivery & Inspection
4.1 Free storage is provided for 14 days after manufacture. After this:
- The Company accepts no responsibility for damage or loss
- Storage fees may apply
4.2 Delivery dates are estimates only; delays do not entitle cancellation or compensation.
4.3 Delivery is complete upon arrival at the nominated location or agent.
4.4 Customers must inspect goods immediately. Claims must be made in writing within 5 days of delivery.
5. Holding Goods
5.1 Customers must insure stored goods for full replacement value.
5.2 Proof of insurance must be provided upon request.
5.3 The Customer indemnifies the Company against any loss or damage claims.
5.4 The Customer releases the Company from liability for stored goods, including negligence.
6. Installation
6.1 The Customer must ensure uninterrupted installation access. Extra costs (e.g., travel delays) may be charged.
6.2 The Customer is responsible for ensuring other services (plumbing, electrical, etc.) do not interfere.
7. Property and Risk
7.1 Ownership remains with the Company until full payment is made.
7.2 Risk transfers to the Customer upon delivery.
7.3 Goods held by the Customer are held as bailee for the Company until paid.
7.4 The Company’s liability is limited:
- No liability for indirect or consequential loss
- Maximum liability capped at AUD $100
7.5 The Customer grants the Company a Security Interest under the Personal Property Securities Act 2009 (Cth) (PPSA), including:
- Registration rights
- Enforcement rights
- Waiver of certain PPSA notice provisions
8. Force Majeure
8.1 The Company is not liable for delays caused by events beyond its control, including:
- Natural disasters
- Strikes
- Government actions
- Supply shortages
- Pandemics
8.2 Obligations are suspended during such events.
8.3 Payment obligations remain unaffected.
9. Recovery of Goods
9.1 The Company may enter Customer premises without notice to recover unpaid goods.
9.2 The Company may resell or dispose of recovered goods at its discretion.
9.3 No liability applies for resulting loss.
10. Installation Licence & Ownership
10.1 The Customer is licensed to install products where applicable.
10.2 If goods are attached to other property:
- Ownership remains with the Company until full payment
- Ownership may be shared proportionally if third-party materials are involved
11. Termination
11.1 The Company may suspend supply and recover goods if the Customer:
- Breaches terms
- Becomes insolvent or bankrupt
- Enters liquidation or administration
11.2 The Company may enter premises to reclaim unpaid goods without liability.
12. Governing Law
12.1 These Terms are governed by the laws of New South Wales, Australia.
12.2 The Customer submits to the jurisdiction of NSW courts.