Shop 1300 072 2541300 072 254
Please enter keywords

Terms of Trade

BHD Terms of Trade

These Terms apply whenever BHD supplies Goods and/or Services to a Customer.

  1. Definitions
    • “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of the relevant State and Territory fair trading acts.
    • “BHD” means BHD Racking Pty Ltd ABN 37 679 589 630.
    • “Business Day” means a day on which banks are open for business in the State of Victoria, Australia, excluding a Saturday, Sunday or public holiday.
    • “Collected Goods” has the meaning given under clause 2.
    • “Consequential Loss” means any loss which is indirect or consequential, including loss of revenue, loss of income, loss of business, loss of profits, loss of goodwill or credit, loss of business reputation, loss of data, loss of interest, damage to credit rating, or loss or denial of opportunity.
    • “Consumer Guarantees” means any right or statutory guarantee under Division 1 of Part 3-2 of the Australian Consumer Law.
    • “Contract” means the contract for the purchase of Goods and/or Services comprising these Terms, each Order made in accordance with these Terms, and any Credit Application.
    • “Credit Application” means a credit application submitted by the Customer, in a form approved by BHD, which BHD accepts.
    • “Custom Goods” means Goods produced by BHD to an Approved Design in accordance with clauses 5 and 3.6.
    • “Customer” means the person or entity (including that person’s or entity’s successors and assigns) that acquires Goods and/or Services under this Contract.
    • “Defect or Defective” means:
      • a defect or flaw in the Goods which prevents the Goods from being used for their intended purpose; and
      • in the case of Custom Goods, a material non-conformance with the Specifications,

but does not include:

  • anything which was disclosed to the Customer as a feature or limitation of the Goods before acquiring the Goods;
  • any defect or flaw that is trivial or insubstantial; or
  • any damage caused by the Customer after the Goods were delivered that is not related to their state or conditions at the time of delivery.
  • “Delivered Goods” has the meaning given under clause 1 and, except in the case of clause 6.1(f), includes Shipped Goods.
  • “Express Warranties” means the warranties set out in Schedule 2.
  • “Force Majeure Event” means any event or circumstance which is beyond the reasonable control of a party and, without limiting the generality of this definition, includes:
    • explosion, flood, storm, earthquake, volcano, fire or accident;
    • war or threat of war, sabotage, insurrection, civil disturbance or requisition;
    • acts, restrictions, regulations, laws, prohibitions, or measures of any kind taken by any local or federal government authority;
    • import or export regulations or embargoes; and
    • strikes, lock-outs or other industrial actions or trade disputes.
  • “Goods” means all products BHD agrees to supply to the Customer from time to time under a Contract, including any Custom Goods.
  • “Installation Services” has the meaning given in clause 3.
  • “Loss” means any damage, loss, liability, claim, cost, expense, charge, fine or penalty (including lawyer’s fees and expenses on a full indemnity basis), whether direct, indirect, consequential or otherwise.
  • “Non-Excludable Rights” has the meaning given in clause 1.
  • “Order” has the meaning given under clause 1.
  • “PPSA” means the Personal Property Securities Act 2009 (Cth).
  • “PPSR” means the Personal Property Securities Register established pursuant to section 147 of the PPSA.
  • “Price” has the meaning given in clause 1.
  • “Services” means all services BHD agrees to supply the Customer from time to time under this Contract, including any Installation Services.
  • “Shipped Goods” has the meaning given in clause 9.
  • “Specifications” has the meaning given in clause 5.
  • “Terms” means this document setting out the BHD Terms of Trade, including its Schedules, as may be updated from time to time in accordance with clause 4.
  1. Contract
    • Unless BHD otherwise expressly agrees in writing, this Contract is the only contract which applies to the Goods and Services supplied to the Customer by BHD.
    • If there is any inconsistency between the documents forming this Contract, the inconsistency will be resolved by applying the following order of precedence: (a) these Terms; (b) the Credit Application; and (b) the Orders.
    • This Contract supersedes and takes precedence over all other conditions of supply, and applies to the exclusion of all other prior discussions, understandings and arrangements between the parties as to its subject matter.
    • BHD may alter these Terms from time to time by publishing an updated version of the Terms on its website which can be accessed using the following link: https://www.bhdstorage.com.au/. The updated Terms will apply to orders placed after the date of publication. It is the Customer’s responsibility to check the current Terms that apply on the website before placing an order in accordance with clause 3.
  2. Orders
    • An order for Goods and/or Services may be placed in either of the following ways:
      • BHD provides a General Quote for Goods and/or Services under clause 2, which is accepted by the Customer in accordance with clause 3.3; or
      • the Customer places an order for Goods and/or Services in a form acceptable to BHD, which is subsequently accepted by BHD in writing.

Upon acceptance by the Customer or BHD (as applicable) under (a) or (b) above, the relevant order becomes a binding ‘Order‘ for the purposes of this Contract.

  • BHD may provide a quote in response to any request for Goods and/or Services made by the Customer, setting out the price at which BHD offers to provide the requested Goods and/or Services (General Quote).
  • Subject to clause 4, the Customer may accept a General Quote by indicating its acceptance in writing and paying any required deposit or advance payment (as specified in the General Quote) within the validity period specified in the General Quote or, if no period is specified, by 4.00pm on the date that is 7 days after it is issued. A General Quote will not be considered to have been accepted unless and until all required deposits and advanced payments have been received in full.
  • BHD may revoke or vary a General Quote at any time prior to acceptance by the Customer by written notice to the Customer, where such revocation or variation is necessary for operational reasons (for instance, to take into account movements in exchange rates or a shortage of stock).
  • In the case of Custom Goods, the Customer is responsible for providing the design, drawings and specifications for the Custom Goods (Specifications), and reviewing and approving the final manufacturing drawings produced by BHD (based on such Specifications and any additional instructions from the Customer) in order to manufacture and supply the Custom Goods (an Approved Design). The Customer must make their own investigations as to the fitness of Custom Goods manufactured in accordance with the Customer’s Specifications for their purposes and acknowledges that subject to any Non-Excludable Rights, BHD does not warrant the fitness of Custom Goods manufactured in accordance with the Customer’s Specifications for any particular purpose. The Customer acknowledges and agrees that BHD is not responsible for the outcome of the Custom Goods arising from manufacture in accordance with the Customer’s Specifications.
  • The Customer warrants that BHD’s manufacture of the Custom Goods based on the Specifications finalised in the Approved Design will not infringe any other person’s intellectual property rights, and must indemnify BHD for any Loss that BHD suffers, incurs or becomes liable for as a result of the Customer’s breach of the warranty given under this clause 6, except to the extent such Loss is caused or contributed to by BHD.
  • The Customer grants BHD a non-exclusive, world-wide, royalty-free licence to use the Specifications for commercial purposes.
  • There is no obligation on BHD to enquire as to the authority of any person placing an order on behalf of the Customer.
  1. Price and Payment
    • The price payable by the Customer to BHD for Goods and/or Services is the price set out in the Order (Price). The Customer agrees that the Price for an Order is not bound by reference to the Price for any previous Order.
    • The Price excludes fees, duties (eg. stamp duty), taxes (eg. GST), surcharges and all other imposts of any government authority (‘governmental imposts’), delivery, transport, storage, installation and insurance charges unless expressly stated otherwise.
    • Subject to clause 4 and 10(f), or unless otherwise stipulated in the Credit Application or by BHD in writing, payment for all Goods and/or Services is to be made prior to delivery by the due date and using the method stated in each invoice issued by BHD to the Customer (Due Date).
    • The failure of the Customer to pay for Goods and/or Services by the Due Date, whether or not acquiesced to by BHD, will in no circumstances constitute a waiver by BHD of its right to payment nor will it be construed as an agreement to provide credit.
    • All prices quoted by BHD, and the Customer’s payment of the Price, must be in Australian dollars.
    • The Customer is not entitled to set off against, or deduct from payment of the Price, any sums owed or claimed to be owed to the Customer by BHD.
    • Unless otherwise agreed, in the event payment is not made by the Due Date, and the Customer does not rectify the payment failure within 30 days after receiving notice of the failure from BHD:
      • BHD may, acting reasonably, reduce the credit limit provided under the Credit Application, suspend the Customer’s rights to pay on credit terms under the Credit Application, or terminate the Credit Application (in which case all amounts owing to BHD under the Credit Application will become immediately due and payable by the Customer);
      • all amounts owing by the Customer to BHD, whether due at that time or not, will (at BHD’s option) become immediately due and payable in full by the Customer upon BHD giving written notice of exercise of that option;
      • BHD shall be at liberty to charge the Customer, and be paid, interest on the outstanding balance from the date of the invoice until the date of payment at the rate calculated using the indicative cash rate of the Reserve Bank of Australia as published in the Australian Financial Review (AFR) or, if not published in the AFR, the equivalent rate as advised by Reuters Information Services plus a margin of 3% per annum;
      • the Customer will be responsible for and must pay to BHD all reasonable costs and expenses incurred by BHD in respect to the recovery of money owing by the Customer and/or the recovery of the unpaid Goods; and
      • payments received by BHD may be credited first against any costs or expenses payable by the Customer to BHD, then accrued interest, and thereafter the debt.
  1. GST
    • In this clause:
      • terms used that are defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) (GST Act) have the meaning given in that Act, unless the context makes it clear that a different meaning is intended; and
      • consideration includes non-monetary consideration, in respect of which the parties must agree on a market value, acting reasonably; and
      • in addition to the meaning given in the GST Act, the term “GST” includes a notional liability for GST.
    • Except where otherwise indicated, all Prices are GST exclusive. If a party makes a taxable supply under this Contract (Supplier), then the recipient of the taxable supply (Recipient) must also pay, in addition to the consideration for that supply, the amount of GST payable in respect of the taxable supply at the time the consideration for the taxable supply is payable.
    • Notwithstanding the foregoing, the Recipient is not obliged under this Contract to pay the amount of any GST payable until the Supplier provides it with a valid tax invoice for the taxable supply.
    • If the Customer pays the GST-exclusive Price in instalments and the taxable supply is not made for a period or on a progressive basis, the Customer must pay the total GST amount when it is liable to provide the first instalment.
    • If one party must indemnify or reimburse another party (payee) for any loss or expense incurred by the payee, the required payment does not include any amount which the payee (or an entity that is in the same GST group as the payee) is entitled to claim as an input tax credit or would have been entitled to claim as an input tax credit had the other party registered for GST in the event that it was required or entitled to do so, but will be increased under this clause if the payment is consideration for a taxable supply.
    • If an adjustment event arises in respect of a taxable supply made by a Supplier under this Contract, the GST amount payable by the Recipient under this clause will be recalculated to reflect the adjustment event and a payment will be made by the Recipient to Supplier or vice versa as the case may be.
    • If the GST Act changes (including without limitation as a result of a change in the GST rate) after the date of this Contract, any consideration that expressly includes GST must be adjusted to reflect the change in the GST law.
  2. Delivery
    • Delivered GoodsIf an Order specifies it is the responsibility of BHD to deliver Goods to the Customer or it is otherwise agreed between the parties in writing that BHD will deliver Goods to the Customer (Delivered Goods), the following will apply:
      • BHD will be entitled to deliver the Goods in separate partial deliveries. Each separate partial delivery may be invoiced by BHD (and must be paid for by the Customer) in accordance with this Contract.
      • BHD will use all commercially reasonable efforts to deliver the Goods by the delivery date specified in the Order (if any) or, if no delivery date is specified in the Order, within a reasonable time (Delivery Date).
      • the Customer acknowledges and agrees that any delivery date specified in the Order is an estimate only and that the Delivery Date of an Order may be impacted by factors outside of BHD’s reasonable control.
      • The Customer must:
        • ensure that the correct delivery address is listed in the Order;
        • inform BHD of any issues, difficulties or specific requirements associated with the delivery of Goods at the time of purchase, or where such issues, difficulties or specific requirements arise or become apparent after the time of purchase, as they arise or become apparent;
        • ensure that the Goods ordered are capable of effective and safe delivery, including that the Goods will fit through access areas such as doorways and stairs; and
        • ensure safe access for the delivery of Goods, including by ensuring that the delivery location does not require BHD’s delivery personnel to navigate hazardous terrain or active construction sites.
      • The failure of BHD to deliver the Goods does not entitle either party to treat an Order or this Contract as repudiated.
      • Subject to any Non-Excludable Rights, and except in the case of Shipped Goods (which are to be dealt with under clause 10(i)), if BHD is unable to deliver the Goods due to the Customer’s failure to comply with clause 1(d), or if the Customer otherwise does not accept delivery of the Goods, then:
        • the Goods will be returned to BHD and the Customer will be charged for the direct pre-arranged delivery costs (if not already pad for prior to delivery), the direct cost of re-delivery and an additional administration fee of $100; and
        • for each day that BHD is required to store the Goods after the failed delivery, BHD will be entitled to charge a storage fee of $15.00 and pallet charges of $25.00 per required pallet for storage each day until successful re-delivery of the Goods as arranged by the Customer.
      • Collected OrderIf an Order specifies it is the responsibility of the Customer to collect the Goods from BHD, or if it is otherwise agreed between the parties in writing that the Customer will collect the Goods from BHD (Collected Goods), then the following will apply:
        • BHD may require the Customer to collect the Goods in separate partial collections. Each separate partial collection may be invoiced by BHD (and must be paid for by the Customer) in accordance with this Contract.
        • BHD will use all commercially reasonable efforts to have the Goods ready for collection by the collection date specified in the Order (if any) or, if no collection date is specified in the Order, within a reasonable time (Collection Date).
        • The Customer acknowledges and agrees that any collection state specified in the Order is an estimate only and that the Collection Date of an Order may be impacted by factors outside of BHD’s reasonable control.
        • BHD will notify the Customer when the Goods are ready for collection. The Customer acknowledges and agrees that, subject to any Non-Excludable Rights, if the Customer does not collect the Goods within 15 days following the date of BHD’s notification for collection to the Customer (Collection Window), then for each day that BHD is required to store the Goods after the end of the Collection Window, BHD will be entitled to charge a storage fee of $15.00 and pallet charges of $25.00 per required pallet for storage each day until successful collection of the Goods as arranged by the Customer.
      • Installation ServicesIf an Order specifies that BHD will install Goods purchased by the Customer under this Contract (Installation Services), the provisions of Schedule 1 shall apply.
      • BHD’s LiabilitySubject to any Non-Excludable Rights:
        • if for any reason BHD is unable to fulfil a Customer’s Order or deliver the Goods to the Customer by the Delivery Date or at all (in the case of Delivered Goods), the Customer will be notified and may cancel the Order and receive a refund for all amounts paid by the Customer in respect of that Order; and
        • in all other cases, BHD will not be liable for any Loss incurred by the Customer where Goods are not made available for collection or delivered by the Delivery Date or at all.
  1. Title and Risk
    • Title in and to the Goods passes to the Customer at the time that BHD has received payment in full (in cleared funds) for the Goods. If the Customer takes possession of the Goods prior to title in the Goods passing, then the Customer holds those Goods as bailee only.
    • Risk in the Goods supplied by BHD to the Customer will pass from BHD to the Customer upon the earlier of:
      • delivery of the Goods to the Customer’s nominated premises;
      • collection of the Goods by the Customer from BHD’s premises; or
      • where BHD is providing Installation Services in respect of the Goods (either itself or through a contractor or agent engaged by BHD), risk in the Goods will revert to BHD (or remain with BHD, as applicable) from the time that BHD (or its contractor or agent) from the time that the Installation Services commence until the time that they are completed. Upon completion of the Installation Services, risk in the Goods will again pass to the Customer.
    • Until the Customer has title to the Goods, the Customer:
      • acknowledges it holds all Goods supplied by BHD as bailee for BHD in accordance with clause 7.1 and agrees to store, label and protect the Goods separate from its own goods and those of any other third party in a manner that clearly indicates at all times that BHD is the owner of the Goods;
      • must ensure that at all times the Goods are fully insured in an amount not less than the price payable to BHD or for equal replacement value; and
      • subject to clause 7.5, agrees to only sell the Goods supplied by BHD in the usual course of business provided that any such sale or dealing is at full market value and the Customer, in its position as fiduciary, assigns to BHD the benefit of any claim against third party customers and holds all proceeds on trust for BHD. The security interest in the Goods created by these Terms continues in respect of the proceeds of disposition. The Customer must pay the proceeds to BHD upon request.
    • If the Customer sells, disposes of, or otherwise deals with the Goods before full payment has been received by BHD, the Customer must promptly advise BHD in writing, specifying the details of the Goods sold, disposed of, utilised or otherwise dealt with.
  2. Security Interest
    • The retention of title arrangement described in clause 7 constitutes the grant of a purchase money security interest by the Customer in favour of BHD in respect of all present and after-acquired Goods supplied by BHD to the Customer (Security Interest).
    • The Customer agrees and undertakes to:
      • promptly execute any further documents or provide any further information and do anything else which BHD reasonably requires to ensure that the Security Interest is a perfected security interest; and
      • give BHD not less than 14 days written notice of any proposed change in the Customer’s name or any other change in the Customer’s details (including, but not limited to, the Customer’s ACN/ABN, address, email address or trading name); and
      • pay all costs reasonably incurred by BHD in enforcing or attempting to enforce the Security Interest created by this agreement.
    • The Customer must not create any security interest or enter into any security agreement that permits any other person to have or to register any security interest in respect of the Goods or any proceeds from the sale of the Goods until the earlier of:
      • the date of their sale or other disposal in the ordinary course of business; and
      • the date on which title to the Goods transfers to the Customer.
    • The Customer herby waives any rights the Customer may otherwise have to:
      • receive any notices the Customer would otherwise be entitled to receive under ss 95, 118, 121, 130, 132 or 135;
      • apply to a Court for an order concerning the removal of an accession under section 97;
      • object to a proposal of the Customer to purchase or retain any collateral under ss 130 and 135; or
      • receive a copy of a verification statement confirming registration of a financing statement, or a financing change statement, relating to any security interest BHD may have in Goods supplied to the Customer from time to time. If BHD exercises a right, power or remedy in connection with this Contract, that exercise will not be an exercise of a right, power or remedy under the PPSA unless BHD states otherwise at the time of exercise. However, this clause does not apply to a right, power or remedy which can only be exercised under the PPSA.
    • For the purposes of this document the expressions “accession”, “collateral”, “financing statement”, “financing change statement”, “security agreement”, “security interest”, “perfected security interest”, “purchase money security interest“ and “verification statement” have the meanings given to them under, or in the context of the PPSA. References to sections are to sections of the PPSA.
    • To the extent the law permits, the Customer waives:
      • any rights it may have under section 275 of the PPSA to request BHD to send or make available to any person any information specified in that section and acknowledges that no confidentiality agreement exists for the purposes of section 275(6)(a) of the PPSA; and
      • any time period that must otherwise lapse under any law before BHD or a receiver exercises a right, power or remedy. If the law provides that a period of notice or a lapse of time cannot be excluded, but that the period of notice or lapse of time may be agreed, that period or lapse is 1 day or the minimum period the law allows to be agreed (whichever is the longer). Nothing in this clause prohibits BHD or any receiver from giving a notice under the PPSA or any other law.
  1. Access

The Customer grants BHD and its representatives the irrevocable right (during business hours and on reasonable notice) to enter any premises occupied by the Customer at which the Goods are stored to:

  • examine and take copies of the books, records and documents of the Customer’s business (but only to the extent relating to the Goods);
  • monitor, observe, inspect and audit the operations of the Customer’s business (but only in relation to the Goods); and
  • search for and remove Goods that have not be paid for in full:
    • where clause 7 applies;
    • upon termination by BHD for the Customer’s default under clause 11; or
    • upon expiration of this Agreement,

without committing a trespass, even though they may be attached or annexed to other goods or land not the property of BHD. For this purpose the Customer:

  • irrevocably licenses BHD to enter such premises;
  • undertakes that it will procure any necessary authority to enter from any relevant person; and
  • indemnifies BHD from and against all Loss suffered or incurred by BHD as a result of exercising its rights under this clause 9 except to the extent such Loss is caused by BHD’s wilful misconduct or gross negligence,

and if there is any inconsistency between BHD’s rights under this clause and its rights under Chapter 4 of the PPSA, this clause prevails.

  1. Shipped Goods

If an Order specifies that the Goods purchased by the Customer are or will be:

  • Goods that are required to be transported to Australia from a foreign country;
  • Goods that are in transit to Australia;
  • Goods that have been transported to Australia that have not been cleared by Australian Customs from an Australian wharf; or
  • Goods that are to be shipped from Australia to a foreign wharf,

(in each case, Shipped Goods), then the following additional terms will apply unless BHD otherwise notifies the Customer in writing:

  • the Order may specify the currency (eg. CAD, USD or AUD) that the Customer proposes to pay BHD for the Goods, but BHD is not bound to accept payment in that currency and will only accept payment in Australian dollars per clause 5;
  • notwithstanding any other term of this Contract, the Customer must pay BHD in cleared funds the Price for the Shipped Goods within 48 hours of BHD providing the Customer with an invoice unless BHD notifies the Customer in writing of a later acceptable payment date. BHD shall be entitled to issue invoices in advance of costs it shall incur pursuant to this clause based on its reasonable determination of the likely shipping and wharfage costs that will apply (with such costs to be charged as direct passthrough costs and any advance costs paid by the Customer but not actually charged to BHD to be refunded to the Customer);
  • BHD will arrange the transportation of the Goods to the relevant outgoing wharf and will insure the Goods at the Customer’s cost. If BHD issues an invoice in advance of costs to be incurred under this subclause, then payment by the Customer of that invoice is a condition precedent to BHD performing its obligations under this subclause;
  • the Customer will arrange for, and bears the cost of, transportation of the Goods from the outgoing wharf to the ingoing wharf, clearance of the Goods from the ingoing wharf and transportation of the Goods from the ingoing wharf to the Customer’s premises. These costs and expenses may include but are not limited to customs duties, quarantine and inspection fees, fumigation fees, wharf storage fees, demurrage fees and freight and transportation costs;
  • If the Customer fails to arrange for the Shipped Goods to be removed from the relevant ingoing wharf within seven days of the Goods arriving at the wharf, BHD may, but is not obliged to, arrange for the transportation of the Shipped Goods to a storage yard or to the Customer’s premises at the Customer’s risk, cost and expense.
  1. Default
    • Either party (Non-Defaulting Party) may immediately upon written notice to the other party (Defaulting Party) terminate this Contract where the Defaulting Party:
      • breaches a term of this Contract which is capable of remedy, but does not remedy the breach within 10 Business Days of receiving notice from the Non-Defaulting Party;
      • breaches a term of this Contract which is incapable of remedy; or
      • suffers an Insolvency Event.
    • Upon termination or expiry of this Contract:
      • the Customer must pay BHD for all Goods and Installation Services which have been provided up to the date of termination or expiry; and
      • any accrued rights and obligations of the parties as at the date of termination or expiry are unaffected.
  1. Lien

BHD shall also be entitled to a general lien on all property or Goods belonging to the Customer in BHD’s possession for treatment or storage (although such Goods or some of them have been paid for) for the unpaid price of any other Goods or services sold, delivered or provided to the Customer under any contract for supply.

  1. Notice
    • All notices to be given under this Contract to, by or from a party must be in writing and sent to a party using the following nominated contact details:
      • in the case of the Customer, by mail or email using the last known postal address or email address for the Customer provided to BHD; and
      • in the case of BHD, by mail to the following postal address: 3/49 Calarco Drive Derrimut, Victoria 3030 (addressed to the credit department).
    • The Customer must notify BHD as soon as reasonably practicable of any change to the Customer’s business address, registered office, telephone or email address.
  2. Liability
    • Nothing in this Contract is intended to have the effect of excluding any Consumer Guarantees or any other applicable law that cannot be excluded, restricted or modified by agreement of the parties (collectively Non-Excludable Rights).
    • Subject to clause 1 and 14.3, and to the maximum extent permitted by law:
      • neither party will be liable to the other for any Consequential Loss;
      • all conditions, implied terms and warranties, whether statutory or otherwise, are excluded in relation to the Goods and Services; and
      • BHD limits its liability for any failure to comply with the Consumer Guarantees to the following remedies (at BHD’s option):
        • in the case of Goods:
          • the replacement of the Goods (or payment of the cost of replacing the Goods);
          • the supply of equivalent goods (or payment of the cost of supplying equivalent goods); or
          • the repair of the Goods (or payment of the cost of repairing the Goods); and
        • in the case of Services:
          • the re-supply of the Services; or
          • the payment of the cost of re-supplying the Services; and
        • the total aggregate liability of a party for all Losses however arising under or in connection with this Contract is limited to an amount equal to two (2) times the total Price paid for all Goods and Services supplied under this Contract as at the time the relevant Loss occurred.
      • The limitations of liability under clauses 2(a) and 14.2(d) will not apply to limit a party’s liability to the extent that the Loss:
        • is incurred in connection with:
          • a breach by that party of any obligation of privacy or confidence; or
          • any personal injury, including sickness and death, or property damage caused by that party’s act or omission;
        • is caused by that party’s unlawful act, fraud, wilful misconduct or negligence;
        • is the result of that party’s abandonment (whether wholly or substantially) of its obligations under this Contract; or
        • cannot be limited at law.
  1. Warranties
    • BHD warrants that:
      • it will exercise due care and skill in performing its obligations under this Contract; and
      • the Goods and Services supplied by it under this Contract will conform with the Contract and all applicable laws.
    • The Customer acknowledges and agrees that, other than as set out in clause 1 or in relation to any Non-Excludable Rights the Customer may have:
      • BHD has not made any representation in relation to the Goods and Services that is not expressly set out in writing, including as to the fitness of the Goods for any particular purpose; and
      • the Customer is solely responsible for determining whether the Goods are fit for the purpose for which it intends to use them.
    • The Customer warrants, each time it places an order for Goods and/or Services under this Contract, that it has read and understood any product disclosures incorporated in the General Quote, including by reference, or provided by notice to the Customer prior to the Customer’s placing of the Order, and that by placing an Order the Customer commits to acquiring the Goods subject to those product disclosures.
  2. Express Warranty

BHD provides the express warranty set out in Schedule 2. For the avoidance of doubt, the express warranty is additional to, and does not purport to modify, limit or exclude the effect of, any other rights or remedies the Customer may have at law (including the Non-Excludable Rights) or under this Contract.

  1. Survival

Without limiting or impacting upon the continued operation of any clause which as a matter of construction is intended to survive the termination or expiry of this Contract, clauses 4, 5, 7, 8, 9, 11.2, 12, 13, 14, 15, 17, 18, 20, 21, 22, 25 and 26 survive the termination or expiry of this agreement.

  1. Assignment
    • Neither party may assign its rights under this Contract without the prior written consent of the other party, which consent must not be unreasonably withheld.
    • BHD reserves the right to subcontract any of its obligations under this Contract without the Customer’s consent, provided that BHD is not as a result of any subcontracting arrangement relieved from the performance of any obligation under this Contract.
  2. Return of Goods Procedure

BHD’s returns policy is set out in Schedule 3.

  1. Jurisdiction

The Customer and BHD agree that the laws of the state of Victoria are the governing laws of any agreement incorporating these Terms, and irrevocably submit to the non-exclusive jurisdiction of the Courts and Tribunals of Victoria.

  1. Variation

Subject to clause 2.4, any variation to this Contract must be in writing and signed by BHD and the Customer.

  1. Severability

If any provision of this Contract is or becomes wholly or partly void, illegal or unenforceable in any relevant jurisdiction, that provision or part must, to that extent, be treated as severed from this Contract for the purposes of that jurisdiction. This does not affect the validity or enforceability of the remainder of the provision or any other provision of this agreement which remain in full force and effect and are unaffected by the severance.

  1. Force Majeure
    • An obligation of a party (other than an obligation to make payment) is suspended for the time and to the extent that the party is prevented or delayed in complying with that obligation by reason of a Force Majeure Event.
    • On the occurrence of a Force Majeure Event, the affected party must promptly:
      • notify the other party and describe in reasonable detail the nature of the Force Majeure Event and its likely effect on the ability of the affected party to perform its obligations under this Contract; and
      • use reasonable endeavours to overcome the Force Majeure Event and perform its obligations under this Contract as soon as practicable.
    • Where BHD is the party affected by a Force Majeure Event and the Force Majeure Event impacts multiple or all customers of BHD, BHD is entitled to allocate at its discretion its available supplies between its affected customers (including the Customer).
  2. Privacy

All personal information which BHD obtains about you, including but not limited to information which you provide to BHD, shall be collected, maintained, corrected, and destroyed in accordance with the BHD Privacy Policy. A copy of the BHD privacy policy as may be amended from time to time can be inspected at the BHD website, and a printed copy will be delivered to you in a reasonable time upon request.

  1. Intellectual Property

BHD remains the owner or licensee (as the case may be) of all Intellectual Property Rights owned or used by BHD prior to this Contract or developed independently to this Contract. The parties agree that any Intellectual Property Rights created or developed under or in connection with the Contract or in the course of supplying Goods or Services are owned by BHD.

  1. Interpretation

In these Terms:

  • headings and underlines are for convenience only and do not affect the interpretation of these Terms;
  • words importing the singular include the plural or vice versa;
  • the words ‘include’, ‘including’, ‘for example’, ‘such as’ or any form of those words or similar expressions do not limit what else is included and must be construed as if they are followed by the words ‘without limitation’ unless there is express wording to the contrary;
  • a waiver of any right arising under this Contract must be in writing and signed by the party granting the waiver;
  • references to legislation include any amendment to that legislation, any consolidation or replacement of it, and any subordinate legislation made under it.
  • Installation Terms
  1. The Customer, at its cost, must provide:
    • clear, uninterrupted access to an unloading area and the installation area, clear of all stock and other obstacles at all times;
    • detailed instructions as to location of installation prior to installation;
    • all tools and equipment specified to be provided by the Customer in the relevant Order, in proper working order;
    • uninterrupted use of a suitable fork lift for the duration of installation. Otherwise one will be supplied at an additional cost;
    • full access to all site amenities;
    • uninterrupted power supply – including adequate 240V AC power outlets;
    • adequate lighting at all times;
    • an installation site which is suitable for the Goods and be structurally sound;
    • an installation site which does not require any removal of material, dismantling or restructuring of premises; and
    • all labour and equipment for the unloading of Goods.
  2. Goods must be placed within the installation area or a suitable easily accessible area.
  3. If special OHS requirements or inductions are required for Customer’s site, then BHD may charge the Customer for any increase in cost plus a margin of 15% and may charge for any additional labour required at the rates set out in the Installation Quote. If BHD becomes aware of special OHS requirements or inductions after providing the Installation Quote, then BHD shall provide a written variation of the Installation Quote for those costs to the Customer, and acceptance of that variation by the Customer shall be a condition precedent for performance of any remaining obligations under the contract incorporating the Installation Quote.
  4. Any additional man-hours incurred as a result of the Customer’s default will be payable by the Customer at the labour rates set out in the Installation Quote.
  5. All systems must be installed on a level concrete surface fit for the intended weight of the system with loading. The Customer acknowledges and agrees that it is solely responsible for selecting an appropriate surface for installation, and subject to any Non-Excludable Rights, BHD will not be responsible for any Loss arising out of the Customer’s direction to BHD to install the Goods on an unfit surface.
  6. All prices quoted by BHD for Installation Services are based on installation occurring on a continuous basis during normal business hours Monday to Friday. BHD may, but is not obliged to, agree to continue installation outside of normal business hours or on the weekend at the Customer’s request, but only on the condition of the parties agreeing in writing the resulting change to the Price for the Installation Services arising from such additional work.
  7. The Customer must comply with all lawful and reasonable directions given by BHD or its on-site manager relating to the safety of persons during the installation of the Goods.
  8. The safety of all persons at a worksite, including but not limited to the employees and agents of BHD, is paramount. In order to maintain a safe worksite:
    • All installations performed by BHD are carried out by suitably qualified and licenced installers; including, where applicable, according to the standards outlined under AS4084-2012. The Customer must not cause or allow third parties to work on the site during the Installation Services without obtaining the prior written consent of BHD, which BHD may withhold at its absolute discretion.
    • BHD will provide and apply appropriate safety signage and loading stickers according to normal industry standards and in compliance with all applicable laws. Any signage or stickers applied by BHD must NOT be amended without consent of BHD.
    • BHD will supply a racking safety inspection log book and hazard kit in accordance with all applicable laws. The Customer must properly maintain the racking safety inspection log book in a timely manner.
    • The Customer must provide a safe working environment at its premises for all persons involved in the installation of Goods.
    • The Customer is solely responsible for ensuring compliance with all safety related legislation, statutes, regulations, codes of practices and guidelines including Occupational Health and Safety Act 2004 and the Regulations made thereunder. In the event that the Customer believes there is any inconsistency between this subclause and directions given by BHD under clause 7 above of subclause 6 below, the Customer must notify BHD and their site manager of the perceived inconsistency as soon as practicably possible.
    • BHD and its employees, agents and sub-contractors have full and complete authority to give oral or written notification of any unsafe practices or unsafe situations to the Customer or to the Customers’ contractors, sub-contractors, agents, employees and it is agreed that BHD may postpone or suspend work at its sole discretion until such time as any unsafe practices or unsafe situations are made safe and remedied to the reasonable satisfaction of BHD.
  • Express warranty

To support BHD’s commitment to the market and ensure continued compliance with Australian Standard AS4084·2012 where applicable, BHD Racking Pty Ltd (BHD) provides the warranties set out in this document on all BHD products, parts and equipment (Products) which are purchased by the Customer from BHD and installed by registered trade installation crews approved by BHD (this Warranty).

The benefits under this Warranty are in addition to other rights and remedies available to the Customer under the law, including under the Australian Consumer Law. The Warranties are subject to the following conditions, terms and exclusions.

  1. Statutory Consumer Guarantees
    • BHD’s goods may come with guarantees that cannot be excluded under the Australian Consumer Law or, as applicable, guarantees, conditions, warranties and undertakings under the Consumer Guarantees Act 1993 (NZ) which cannot be modified or excluded except in those circumstances contemplated by Section 43(2) of the Consumer Guarantees Act 1993 (NZ).
    • Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
    • to cancel your service contract with us; and
    • to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
  2. Express Warranty against Defects in Materials and Workmanship
    • BHD warrants all new and previously unused products and equipment which are purchased by the Customer from BHD and installed by registered trade installation crews approved by BHD will be free from defects in materials and workmanship (theDefects Warranty). This warranty extends for a period of 2 years from the date of purchase subject to early termination or extension as provided below (the Warranty Period).
    • In order to retain the benefit of the Defects Warranty, the Customer must comply with the following:
      • During the Warranty Period, the Customer must, allow BHD or an authorised representative of BHD to conduct an annual inspection of any supplied and installed BHD pallet racking. It is the responsibility of the Customer to contact BHD offices to schedule the annual inspections to maintain this warranty.
      • The Customer must request an inspection under clause 2(a) by BHD within each 12 month period from the date of purchase. BHD will inspect the site as soon as is practicable thereafter. The first annual inspection will be at no cost to the Customer. In each subsequent 12 month period during the Warranty Period, the Customer will be charged for inspections at the standard rate for inspections set by BHD from time to time in relation to each site (which BHD will provide upon request). Any failure to:
        • make a request as aforesaid;
        • permit an inspection by BHD; or
        • pay BHD for an inspection,

will void this warranty.

  • Once a successful record of annual inspection completed by BHD has been issued and filed with BHD, and subject to the satisfactory findings of such inspection by BHD or BHD’s representatives (including confirmation by BHD that the maintenance and usage of the BHD product and ports by the Customer has been in accordance with all requirements of BHD) BHD and or the representative or authorised agent will supply a certificate of warranty to cover the following 12 month term. If the inspection reveals that the Customer is not using, repairing or maintaining any of the BHD products or parts in accordance with the instructions and requirements of BHD, then the Defects Warranty will terminate.
  • Without limiting the foregoing, any failure by the Customer to replace any part or product supplied by BHD that has deteriorated due to normal wear and tear or any environmental conditions or for any other reason not associated with a defect in materials or workmanship (including mis-use) will entitle BHD to terminate the Defects Warranty.
  • After each annual inspection has been completed and the Customer has at its cost:
    • purchased from BHD any replacement Products and undertaken all repairs at the cost of the Customer;
    • complied with all other requirements of BHD in relation to Products,

the Customer will be issued with a new warranty certificate to cover the following 12 month period.

  • The Express Warranty will not apply to the Product, and other warranties in respect of the Product may be adversely affected, if:
    • the Product is subject to misuse, accident, stress or negligence or if the need for repair or replacement of the Product is the result of any act or neglect by the Customer or any of its employees, agents, representatives, or invitees. Without limiting the generality of this clause, BHD will not be liable for any damage or decline in value to the Product caused by third parties, including during the installation of the Product unless that installation is performed under a contract with BHD;
    • the Product is used for any application other than as specified by BHD;
    • the Customer fails to adhere to any instructions provided by BHD for the use of the Product, including any loading charts for excess supplied by BHD. This includes any failure to comply with the weight load limitation for the relevant Product as specified by BHD in its loading charts which the Customer acknowledges having received prior to the of this warranty; or
    • any failure by the Customer to immediately carry out any works or purchase any replacement parts recommended by BHD, whether after an annual inspection referred to above or otherwise. Upon the discovery the Customer or any of its employees or agents of any structural damage or defect of any BHD product or part thereof, the Customer agrees to allow any BHD representative or authorised BHD
    • agent to inspect any such damage or suspected product failure at the place of installation and to complete its obligations under this warranty.
  • This Warranty is not transferrable.
  1. Standards

All BHD pallet rack systems comply with relevant Australian Standards (including AS4084-2012).

  1. BHD Product Maintenance Requirements

The Warranties apply to all Products supplied by BHD and are conditional, upon the Customer undertaking at its cost all scheduled preventative actions and maintenance as specified by BHD’s service advisors or engineers throughout the Warranty Period.

  1. BHD Warranty Exclusions
    • Should the Customer or any third party, repair, alter, or modify any Product without the prior written approval of BHD then BHD shall no longer be bound by this Warranty Document.
    • If any Product supplied by BHD is removed from an installed site for relocation, then that product or part must be re-certified by a BHD representative, and shall not be subject to the Warranties from the time of that removal until the re-certification has been completed.
    • BHD may make improvements to Products from time to time. BHD does not have an obligation to apply any such improvements to Products ordered prior to the date the improvement was made, and no Products shall be considered to breach any warranty merely because BHD offers an improved version of those Products, regardless of when BHD first offers those improvements.
  2. Definitions
    • The original person or party who purchased the Product is the “Customer” for the purpose of the Warranties.
    • A Product has a defect if the Customer establishes on the balance of probability that the Product is:
      • unfit for the purpose for which goods of the same kind are commonly supplied;
      • unacceptable in appearance or finish;
      • unsafe; or
      • unreasonably lacking in durability and BHD cannot, easily and within a reasonable time, be remedied to make it fit for such a purpose.
    • All “environmental conditions” includes chemical exposure, corrosion, fire, explosions, or acts of God.
  3. Provider

This Warranty is provided by BHD Racking Pty Ltd ABN 37 679 589 630 of 3/49 Calarco Drive, Derrimut, Victoria 3030.

BHD’s phone numbers are:

Victoria: (03) 8671 1500

Australia: 1300 661 198

Australia: 1300 0RACKING

New Zealand: 1300 0RACKING

A claim under this contractual warranty can only be made in respect of a defect appearing in the Warranty Period.

  1. Making a Warranty Claim
    • To make a claim under this Warranty in respect of a Product, BHD should be advised in writing within 10 working days of the initial detection of the alleged defect and in any event as soon as possible after initial detection. Delay in notifying BHD of detection of a defect may adversely affect a claim in respect of that defect. The claim must be submitted to:

BHD Racking Pty Ltd ABN 37 679 589 630
to the attention of National Sales Manager by post to Unit 3, 49 Calarco Drive, Derrimut, Victoria 3030, Australia; or by email to sales@bhdstorage.com.au

  • A claim should include the following details:
    • A sample or photograph of the Product showing the alleged defect;
    • Date on which defect appeared or became evident;
    • Evidence of purchase of the Product (invoice and receipt, showing date and place of purchase);
    • Cost estimates for the removal and disposal of the allegedly defective Product;
    • Proof of compliance with all installation, use and maintenance instructions for the relevant Product;
    • Costs incurred to return the Product.

A failure to provide one or more of these details in a claim may result in delays to that claim being processed or adversely affect the decision in that claim.

  • The cost of making a warranty claim is to the Customer’s account only until such time as BHD agrees or the law provides otherwise.
  1. Processing a Warranty Claim
    • Upon receipt of a claim under this Warranty, BHD will make a determination as to whether or not there is a valid warranty claim in respect of the Product. In the course of making its determination, BHD may, but is not required to, inspect (in situ) the Product in respect of which the Warranty claim has been made and require answers to questions relating to the subject matter of the claim. BHD is not required to consider a claim under this Warranty unless and until all details reasonably requested by BHD have been provided.
    • If BHD assesses a claim made under this Warranty and determines the Product to be faulty, BHD will do one or more of the following:
      • determine whether to repair or replace the Product, or offer a refund for the Product. Replacement of the Product will be either with the same or a technically equivalent Product as BHD determines. As applicable, repair or replacement of any Product by BHD under this Warranty will be at BHD’s cost and will include any preparation and installation works reasonably required. All rectification works (by way of repair or replacement) undertaken by BHD or its nominee(s) will also include the removal and disposal of any faulty Product.
      • reimburse the Customer for the reasonable out of pocket costs incurred in making the claim, including return of Product to BHD or other agreed product disposal, provided that BHD is notified of such costs and provided with the documentary evidence of those costs incurred within 30 days of BHD notifying the Customer of a successful claim.
    • If BHD assesses any Product to be faulty and follows the procedure set out above, it is not required to return anything provided in support of your claim.
    • Where BHD determines that there is no valid warranty claim in respect of the Product the subject of the claim, it will only return anything submitted in support of the claim on written request and upon upfront payment of the costs of return as calculated by BHD and notified to the Customer.
  • Returns Policy
  1. Express Warranty

For the avoidance of doubt, this Returns Policy does not apply where Goods are subject to a claim under the Express Warranty set out in Schedule 2.

  1. Returns for Defects
    • Shortages
      • The Customer must, as soon as possible after delivery of the Goods (as appliable), compare the Goods delivered with the Goods due to be delivered under the Order.
      • Subject to any Non-Excludable Rights, BHD is not responsible for making good any shortage or discrepancy unless the Customer gives notice of the shortage within 5 Business Days after delivery.
    • Defective Goods
      • The Customer must, a soon as possible after delivery, check whether the Goods are Defective when delivered. Subject to clause 2(d), the Customer must notify BHD of any Defects within 10 Business Days after delivery.
      • If the Customer gives notice under clause 2(a), the Customer must:
        • preserve the Goods in the state in which they were delivered for 10 Business Days after giving notice; and
        • during that period, allow BHD to access the Customer’s premises to inspect the Goods; or
        • at BHD’s request, promptly return the Goods in the condition in which they were delivered and with all packaging material in as new condition as is reasonably possible in the circumstances.
      • Where BHD makes a request under clause 2(b)(iii), BHD will be responsible for the cost of return, unless BHD determines following inspection that the returned Goods are not Defective, in which case the Business must reimburse BHD for the return costs.
      • The process set out in clause 2(b) does not apply to Defects that are not obvious or are not able to be detected by a visual inspection of the Goods. For Goods in that category, the Customer must advise BHD of any Defects during the period from the time of delivery or collection of the Goods (as relevant) within which it would be reasonable to expect the relevant Defect to become apparent.
    • Process for making a Defect claim
      • All Defect Notices are to be given to emailed to sales@bhdstorage.com.au
      • BHD will, upon receipt of a Defect Notice, contact the Customer to help determine, acting reasonably, whether the Goods are Defective Goods and, if they are, will inform the Customer how BHD will remedy the relevant defect. BHD may, as its discretion, request further information or assistance from the Customer for the purposes of making this determination, including arranging for a physical inspection of the Goods, and the Customer must promptly comply with all such requests.
      • If BHD requires the return of the Goods for the purposes of assessing a Defect Notice or providing a remedy under this clause, BHD will bear the reasonable costs of any such return, provided however that if BHD subsequently determines after receiving and inspecting the Goods (acting reasonably) that the Goods are not Defective Goods, the cost of return (and any re-delivery to the Customer) will be charged to the Customer.
    • Remedies for Defective Goods
      • If BHD determines, acting reasonably, that the Goods are Defective Goods, BHD will, in its sole discretion, provide the Customer with one of the following remedies:
        • a repair of the Goods;
        • a replacement of the Goods;
        • a refund of the cost of the Goods.
  1. General Returns
    • Where a customer requests to return any Goods that are not Defective Goods, the return will be at the sole discretion of BHD and will be subject to a processing fee of 15% of the Price of those Goods.
    • Any charges involved in transporting returned Goods to BHD and, where applicable, back to the Customer will be borne by the Customer.
Get a Quote
Enquire Now
Fields marked by an asterisk ( * ) are required fields.