Terms and Conditions of Sale
Panelboard Industries (ACN 663 165 295)
Effective Date: 1 April 2023
1. Definitions
Refer to the original agreement for a full list of definitions including but not limited to: “PBI”, “Customer”, “Goods”, “Contract Price”, “PPSA”, “Terms of Trade”, and “Sale Contract”.
2. Incorporation
These Terms of Trade are incorporated into all contracts for sale between PBI and the Customer, including Quotes and Purchase Orders. Commencement of work constitutes acceptance of these terms.
3. Quotations
Valid for 30 days.
Prices exclude GST unless stated.
Quoted in AUD.
4. Payment Terms
Non-account holders: payment required before delivery.
Account holders: payment due 30 days EOM.
Overdue payments incur 5% interest per month and recovery costs.
Credit terms may be revoked at PBI’s discretion.
5. No Set-Offs
Invoices must be paid in full with no deductions.
6. Progress Claims
Progress payments may be invoiced monthly based on completion percentage. No bank guarantee is provided.
7. Amendments
Only binding if agreed in writing by PBI.
8. Inspection
Goods will be tested in accordance with relevant laws and safety standards.
9. Delivery and Storage
Delivery is EX Panelboard Industries.
Risk passes on delivery.
Storage charges apply for late pickup at $12/m²/day.
10. Drawings
Customer must confirm dimensions and details. PBI may revise drawings during manufacture, ensuring compliance and functionality.
11. Manufacturing
Starts after PBI receives written approval of drawings and/or purchase order.
12. Supply Delays
PBI will notify delays and revised timeframes due to supplier issues.
13. Late Delivery
PBI is not liable for loss from delayed deliveries.
14. Warranty Claims
12-month workmanship warranty from delivery/collection.
PBI may inspect and validate claims; third-party consultants may be appointed if needed.
15. Warranties & Liability
PBI disclaims liability for drawings not meeting site standards.
Maximum liability is repair/replacement of defective goods.
No liability for indirect or consequential loss.
16. Title and PPSA
Title passes only after full payment.
PBI retains rights under the PPSA including repossession.
This agreement constitutes a Security Agreement under the PPSA.
17. No Partnership
Nothing herein creates a partnership, agency, or joint venture.
18. Governing Law
This agreement is governed by the laws of Western Australia. Disputes are subject to WA jurisdiction.