(Applicable to all goods and services supplied by Clever Building Products Pty Ltd, including SafePave™ and associated systems.)

ABN: 67 687 479 143
Registered Office: 64 Nuwarra Road, Moorebank NSW 2170
Phone: 02 9730 3249
Email: sales@cleverbuildingproducts.com.au
Website: www.cleverbuildingproducts.com.au

Effective Date: 01/07/2025
Jurisdiction: New South Wales, Australia

1. Definitions

In these Terms of Trade:

• “Seller” means Clever Building Products Pty Ltd (ABN 67 687 479 143) and its related entities.

• “Buyer” means any person, company, or entity purchasing goods or services from the Seller.

• “Goods” means all products supplied by the Seller including, without limitation, SafePave™, adhesives, tiles, and wall cladding, deck boards and related accessories.

• “Services” means any design, technical, or installation advice provided by the Seller.

• “Contract” means the agreement for the sale of goods or services between the Seller and the Buyer incorporating these Terms.

• “ACL” means the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)).

2. Acceptance of Terms

2.1. These Terms apply to every sale of goods or services by the Seller to the Buyer and prevail over any terms proposed by the Buyer unless otherwise agreed in writing by the Seller.
2.2. Placement of an order constitutes acceptance of these Terms.
2.3. No representative or agent of the Seller has authority to vary these Terms except by written consent signed by a company director.

3. Quotations and Orders

3.1. Quotations are valid for 30 days unless otherwise stated.
3.2. The Seller may refuse any order at its discretion.
3.3. Orders must specify product codes, quantities, and delivery requirements.
3.4. Acceptance of an order occurs when confirmed in writing by the Seller.

4. Prices and Payment

4.1. All prices are in Australian dollars and exclude GST, freight, and insurance unless stated otherwise.
4.2. The Seller reserves the right to adjust prices for increases in materials, freight, or taxes between quotation and delivery.
4.3. Payment terms:

• Approved trade accounts – 30 days from invoice date.

  • Trade accounts will be cancelled if payment is late on two consecutive occasions.

  • Trade accounts will be cancelled if payment is late by more than 60 days.

• Non-account customers – full payment prior to dispatch.

  • A 50% deposit may be required for non-stock items.

  • No refunds for cancelled orders of non-stocked items

4.4. Interest may be charged on overdue accounts at 2% per month, calculated daily.
4.5. Title to goods does not pass to the Buyer until full payment is received (see clause 10).

5. Delivery and Risk

5.1. Delivery times are estimates only. The Seller is not liable for delay or failure to deliver caused by factors beyond its control.
5.2. Risk in the goods passes to the Buyer on delivery to the Buyer or the Buyer’s carrier.
5.3. Freight, handling, and insurance costs are payable by the Buyer unless otherwise agreed.
5.4. Claims for short delivery or damage must be made in writing within 7 days of receipt.

6. Returns and Cancellations

6.1. Returns are accepted only with prior written authorisation.
6.2. Returned goods must be unused, in resalable condition, and accompanied by proof of purchase.
6.3. A 15% restocking fee may apply. Freight is at the Buyer’s expense.
6.4. Custom-manufactured or cut-to-size items are non-returnable.
6.5. Cancellations must be received in writing and may attract charges for work completed or materials ordered.

7. Warranty

7.1. The Seller warrants that all goods supplied are of merchantable quality and conform to their published specifications.
7.2. Where the Buyer is a “consumer” under the ACL, the following applies:

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
7.3. For non-consumer transactions, the Seller’s liability is limited, at its option, to replacement, repair, or refund of the goods.
7.4. The warranty does not cover:

• Improper installation or misuse of products;

• Damage caused by third parties or acts of nature;

• Use of products outside their recommended purpose;

• Failure to follow installation or preparation instructions.

8. Technical Information and Recommendations

8.1. Technical data, performance values, and installation recommendations are based on available testing and are provided in good faith.
8.2. The Buyer is responsible for verifying that the product is suitable for the intended application and complies with relevant building codes, standards, and site conditions.
8.3. The Seller shall not be liable for reliance on technical advice given without charge.

9. Limitation of Liability

9.1. Except as required under the ACL, the Seller is not liable for any indirect, special, or consequential loss arising from the supply or use of the goods.
9.2. The total liability of the Seller for any claim (including negligence) is limited to the amount paid for the goods in question.
9.3. The Buyer indemnifies the Seller against claims, losses, or damages arising from misuse or resale of goods.

10. Retention of Title

10.1. Ownership of goods remains with the Seller until payment in full is received.
10.2. Until payment, the Buyer must:

• Hold goods as fiduciary bailee;

• Store goods separately and clearly identify them as the Seller’s property; and

• Allow the Seller access to recover goods in the event of default.

10.3. The Buyer grants the Seller a purchase money security interest (PMSI) under the Personal Property Securities Act 2009 (Cth) over all goods supplied until paid in full.

11. Default and Recovery

11.1. The Seller may suspend supply or cancel orders if payment is overdue.
11.2. The Buyer agrees to pay all reasonable costs (including legal and collection fees) incurred in recovering outstanding amounts.

12. Intellectual Property

12.1. All designs, drawings, logos, and trade names (including SafePave™) remain the exclusive property of the Seller.
12.2. The Buyer must not reproduce or use any intellectual property without written consent.

13. Force Majeure

The Seller is not liable for delay or failure to perform due to causes beyond its control, including natural disasters, strikes, transport delays, or material shortages.

14. Governing Law

14.1. These Terms are governed by the laws of New South Wales, Australia.
14.2. The parties submit to the exclusive jurisdiction of the courts of New South Wales.

15. Entire Agreement

These Terms constitute the entire agreement between the parties and supersede any prior arrangements or representations.

CBP117 T/as Clever Building Products Pty Ltd
ABN 67 687 479 143

64 Nuwarra Road, Moorebank NSW 2170
Phone: 0425288812 Email: sales@cleverbuildingproducts.com.au
Website: www.cleverbuildingproducts.com.au

CBP117 T/as Clever Building Products Pty Ltd Terms of Trade