Terms of service

Terms of Service

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1. Definitions

• BCS/Seller: Building Chemical Supplies (Australia) Pty Ltd (ACN 115 038 938) and any associated entities or businesses.
• Customer/Buyer: The person or entity who accepts a written or verbal quotation from BCS for the sale of the Product.
• Product: Any goods, equipment, materials, or services provided to the Customer under the Contract.
• Price: The charges for the Product as specified by BCS.

2. Agreement

• By placing an order, the Buyer acknowledges and agrees to be bound by these Terms and Conditions. Once an order is confirmed by BCS, a contract will be formed between BCS and the Buyer.
• A contract is considered accepted when the Buyer's order is confirmed by BCS. Orders cannot be canceled once accepted, except at BCS's discretion in limited circumstances.

3. Pricing and Payment

• The selling price of products is as specified in the BCS quotation or Price List at the time of the order.
• Prices exclude GST unless otherwise stated. Any change in exchange rates, duties, taxes, or costs may result in price changes, which will be communicated to the Buyer.
• A non-refundable 50% deposit is required for pump, machinery, non-stock items, or special products upon order placement.
• Payments are due within 14 days after delivery, unless otherwise agreed upon in writing.

4. Delivery and Inspection

• Delivery dates are advisory only and BCS will make efforts to ensure timely delivery.
• The Buyer must inspect the goods immediately upon delivery. Any claims regarding damaged or incorrect goods must be made in writing within 48 hours of delivery.
• If the Buyer fails to inspect the goods or make a claim, the goods will be deemed accepted and no refund will be payable.

5. Returns and Credit

• Goods can only be returned for credit if they are defective and with BCS's prior consent. Returns must occur within 21 days in original condition and packaging. A handling fee of 15% may apply.

6. Risk and Ownership

• Risk of loss or damage to the goods passes to the Buyer upon delivery or when the Buyer takes possession of the goods.
• Ownership of goods remains with BCS until the goods are paid for in full. The Buyer holds goods in trust and as fiduciary agent of BCS until full payment is made.

7. Liability and Warranty

• BCS is not liable for any loss or damage arising from the supply of goods, including indirect, special, or consequential damages. This includes loss of profit, revenue, goodwill, or any increase in operational costs.
• The Seller’s liability is limited to replacing the goods, providing equivalent goods, or reimbursing the cost of the goods, at BCS’s discretion.

8. Dispute Resolution and Governing Law

• Any disputes shall be resolved in accordance with the laws of Queensland, Australia. The Buyer agrees to submit to the non-exclusive jurisdiction of the courts in Queensland.

9. Privacy and Confidentiality

• All personal information is treated with strict confidentiality. The Buyer consents to BCS obtaining consumer credit information, as outlined under the Privacy Act Legislation.

10. Miscellaneous Terms

• Force Majeure: Neither party shall be liable for delays in performance due to events beyond their control, including natural disasters, changes in law, or issues with suppliers.
• Packaging and Property: Packaging is non-returnable, and pallets remain the property of BCS. The Buyer is responsible for ensuring insurance coverage for products after delivery.
• Indemnity: The Buyer agrees to indemnify BCS for any claims arising from the use or misapplication of products sold.
• Amendments: BCS may amend these Terms and Conditions at any time by notifying the Buyer in writing.

11. Contact Information

Building Chemical Supplies (Australia) Pty Ltd
286 New Cleveland Road, Tingalpa, QLD 4173
PO Box 3321 Tingalpa DC 4173
Phone: +617 3890 8306
Email: admin@bcsaustralia.com

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