Terms of service

General

1. Any order for the purchase of goods placed by a Purchaser will incorporate these Conditions of Sale and any conditions contained in the Purchaser’s order are excluded, unless expressly agreed to in writing by Formula Construction Pty Ltd T/A Formula Transport (Seller). 

2. The company reserves the right to vary these terms and conditions at any time.

3. In these Conditions, goods means the goods that the Company proposes to sell or has sold to a Purchaser, being (where relevant) the goods described on the other part of this document, and a reference to goods includes services.

4. The Seller in these conditions means Formula Construction Pty Ltd T/A Formula Transport (ABN 49 642 351 488). The Purchaser means the person, firm or company to whom the invoice is submitted.

Governing Law and Jurisdiction

5. This agreement shall be deemed to be entered into by the parties hereto in the State of Western Australia and any action with respect to the terms, conditions and stipulations hereof shall be vested in the jurisdiction of the Courts of the State of Western Australia. 

Acknowledgement

6. The Purchaser acknowledges and declares that he or she has read these terms and conditions and fully understands and agree the same.

Payment

7. If a credit account has not been established, sales will only be made on a cash before delivery basis or cash payable on same day as agreed.  

8. Terms of Trading are as stated in the credit application form. Should the invoice remain unpaid after the credit term has lapsed, any discount will be revoked and interest at the rate of 1.5% monthly above prime lending rate will be charged. 

9. Failure to make payment of any monies owing on the due date will constitute a Breach of Contract and the Seller may treat the whole Contract as void. The Seller may, before any further delivery against any order, require payment thereof and of all other accounts then due under this or any other contract with the Purchaser.  

10. All goods delivered by the Seller to the Purchaser remain the property of the Seller until all money owing to the Seller by the Purchaser has been paid in full.

Pricing and Quotes

11. Price lists provided include delivery of goods to Perth Metropolitan Areas unless otherwise specified.

12. The Purchaser will provide all Relevant Information to the Seller when seeking a Quotation or placing an Order for Goods from the Seller and any Relevant Information supplied by the Purchaser must be accurate and complete and the Seller will rely upon the accuracy and completeness of any Relevant Information provided by the Purchaser.

Delivery 

13. Delivery and/or performance of the contract is subject to the ability of the Seller to obtain raw materials from its normal source of supply.

14. The Seller reserves the right to cancel or postpone delivery due to causes beyond its reasonable and practicable control.

15. The Purchaser shall take full responsibility for assessing any requirements for traffic management associated with a Delivery to the Purchaser and for putting in place all traffic management measures.

16. Unless otherwise stated in writing, the goods will be delivered on the kerbside in properly constructed street alongside site as conditions allow. Unloading of trucks is the Purchaser’s responsibility and Effective from 01/11/2023 Formula Construction Pty Ltd T/A Formula Transport ABN 49 642 351 488 detention of trucks in excess of half an hour per load will be charged to the Purchaser at the rate ruling at the time. 

17. In the event of the Seller’s vehicles entering upon any property at the request of the Purchaser, the Seller will not accept responsibility for damage to that property whatsoever.

18. Goods will be delivered to unattended sites upon the Purchaser’s request only upon the following basis:

a. materials will be unloaded from the delivery vehicle at the location considered by the Seller to be the correct location, and

b. Once unloaded, the materials shall be deemed to have been delivered.

c. If the Seller is advised that the location is incorrect and the Seller retrieves the materials a fee will be charged to the Purchaser for relocation.

19. The Purchaser shall, before the Delivery of the Goods, check for any difference between the Goods as delivered, the description or quantity of the Goods appearing on the Delivery Docket and the Customer’s Order placed with the Seller. All discrepancies must be notified in writing within 24 hours of the delivery transaction.

20. If the Purchaser disagrees with any of the details on the Delivery Docket or if there is a difference between the Goods as delivered, the description or quantity of the Goods appearing on the Delivery Docket or the Goods Ordered, then the Purchaser must elect whether to accept or reject the Goods in whole or in part, and thereafter:

a. if the Purchaser accepts all or some of the Goods, the Customer will be taken to have Ordered what is delivered; and

b. if the Purchaser rejects all or some of the Goods, the Customer shall advise the Seller of details sufficient to identify the nature of such disagreement or difference before the Delivery vehicle departs from the Delivery address. 

21. If the site is unattended when the goods are delivered, the Purchaser will have accepted the Goods as is since it is the responsibility of the Purchaser to be present at site after placing an order.

Quantity

22. If any goods are sold by weight or volume, then the weight or volume of goods delivered is estimated by the Seller Warranties.

23. The Seller will have no liability (including liability in negligence) to any person for any loss or damage consequentially or otherwise however suffered or incurred by any other person caused by or resulting directly or indirectly from any failure, breakdown, defect or deficiency of whatsoever nature or kind of the Goods and/or Services. 

24. The Purchaser agrees to notify the Seller of any change in its ownership, name and address. 

Inclement Weather

25. In the case of inclement weather and the vehicles are hired on an hourly rate basis, a minimum of 4 hours will be charged for the day if the vehicles have been dispatched from the company yard.