Delivery of the Goods
5.1 At BuildME’s sole discretion delivery of the Goods shall take place when:
(a) the Customer takes possession of the Goods at the Customer’s nominated address (in the event that the Goods are delivered by BuildME
or BuildME’s nominated carrier); or
(b) the Customer’s nominated carrier takes possession of the Goods in which event the carrier shall be deemed to be the Customer’s agent.
5.2 At BuildME’s sole discretion the costs of delivery are:
(a) included in the Price; or
(b) in addition to the Price.
5.3 The Customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. In the event
that the Customer is unable to take delivery of the Goods as arranged then BuildME shall be entitled to charge a reasonable fee for redelivery.
5.4 Delivery of the Goods to a third party nominated by the Customer is deemed to be delivery to the Customer for the purposes of this
5.5 BuildME may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the
provisions in these terms and conditions.
5.6 The failure of BuildME to deliver shall not entitle either party to treat this contract as repudiated.
5.7 BuildME shall not be liable for any loss or damage whatsoever due to failure by BuildME to deliver the Goods (or any of them) promptly
or at all, where due to circumstances beyond the control of BuildME.
6.1 If BuildME retains ownership of the Goods nonetheless, all risk for the Goods passes to the Customer on delivery.
6.2 If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Customer, BuildME is entitled to
receive all insurance proceeds payable for the Goods. The production of these terms and conditions by BuildME is sufficient evidence of
BuildME’s rights to receive the insurance proceeds without the need for any person dealing with BuildME to make further enquiries.
6.3 Where the Customer has supplied materials for BuildME to complete the Services, the Customer acknowledges that he accepts
responsibility for the suitability of purpose, quality and any faults inherent in the materials. BuildME shall not be responsible for any defects in
the Services, any loss or damage to the materials (or any part thereof), howsoever arising from the use of materials supplied by the Customer.
6.4 The Customer acknowledges and agrees that BuildME shall not be responsible for the performance or efficiency of the Goods where
those Goods are installed by BuildME in accordance the Customer’s and/or manufacturer’s specifications and instructions.
7.1 BuildME and Customer agree that ownership of the Goods shall not pass until:
(a) the Customer has paid BuildME all amounts owing for the particular Goods; and
(b) the Customer has met all other obligations due by the Customer to BuildME in respect of all contracts between BuildME and the Customer.
7.2 Receipt by BuildME of any form of payment other than cash shall not be deemed to be payment until that form of payment has been
honoured, cleared or recognised and until then BuildME’s ownership or rights in respect of the Goods shall continue.
7.3 It is further agreed that:
(a) where practicable the Goods shall be kept separate and identifiable until BuildME shall have received payment and all other obligations
of the Customer are met; and
(b) until such time as ownership of the Goods shall pass from BuildME to the Customer BuildME may give notice in writing to the Customer
to return the Goods or any of them to BuildME. Upon such notice being given the rights of the Customer to obtain ownership or any other
interest in the Goods shall cease; and
(c) the Customer is only a bailee of the Goods and until such time as BuildME has received payment in full for the Goods then the Customer
shall hold any proceeds from the sale or disposal of the Goods, up to and including the amount the Customer owes to BuildME for the Goods,
on trust for BuildME; and
(d) until such time that ownership in the Goods passes to the Customer, if the Goods are converted into other products, the parties agree that
BuildME will be the owner of the end products; and
(e) if the Customer fails to return the Goods to BuildME then BuildME or BuildME’s agent may (as the invitee of the Customer) enter upon
and into land and premises owned, occupied or used by the Customer, or any premises where the Goods are situated and take possession
of the Goods, and BuildME will not be liable for any reasonable loss or damage suffered as a result of any action by BuildME under this
Personal Property Securities Act 1999 (“PPSA”)
8.1 Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that:
(a) these terms and conditions constitute a security agreement for the purposes of the PPSA; and
(b) a security interest is taken in all Goods previously supplied by BuildME to the Customer (if any) and all Goods that will be supplied in the
future by BuildME to the Customer.
8.2 The Customer undertakes to:
(a) sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects)
which BuildME may reasonably require to register a financing statement or financing change statement on the Personal Property Securities
(b) indemnify, and upon demand reimburse, BuildME for all expenses incurred in registering a financing statement or financing change
statement on the Personal Property Securities Register or releasing any Goods charged thereby;
(c) not register a financing change statement or a change demand without the prior written consent of BuildME; and
(d) immediately advise BuildME of any material change in its business practices of selling the Goods which would result in a change in the
nature of proceeds derived from such sales.
8.3 BuildME and the Customer agree that nothing in sections 114(1)(a), 133 and 134 of the PPSA shall apply to these terms and conditions.
8.4 The Customer waives its rights as a debtor under sections 116, 120(2), 121, 125, 126, 127, 129, 131 and 132 of the PPSA.
8.5 Unless otherwise agreed to in writing by BuildME, the Customer waives its right to receive a verification statement in accordance with
section 148 of the PPSA.
8.6 The Customer shall unconditionally ratify any actions taken by BuildME under clauses 8.1 to 8.5.