Sales Terms & Conditions

Sales Terms & Conditions – Anderson Consulting Partners

1. General & Application 

These Terms apply to all Goods and Services supplied by the Company to the Client. They prevail over any terms proposed by the Client. The Client is bound by these Terms upon accepting a quote or placing an order.

2. Price and Payment

Quotes: Prices quoted are subject to change if costs (materials, labour, transport) increase prior to supply. Quotes assume work during normal business hours (9am-5pm).

Payment: The Client must pay all invoices strictly within the agreed trading terms. Time is of the essence for payment.

Overdue Amounts: If the Client fails to pay on time, the Company may:

2. 1. • Charge interest at 2.5% per month (compounded monthly);

      • Suspend all further supply of Goods or Services; and

      • Recover all collection costs and legal fees from the Client.

      • GST: All prices are exclusive of GST unless stated otherwise.

3. Delivery and Risk

Risk: Risk in the Goods passes to the Client immediately upon delivery (or collection). The Client must insure the Goods from this point.

Delivery: Delivery dates are estimates only. The Company is not liable for any loss or damage caused by delays in delivery.

Force Majeure: The Company is not liable for failure to perform due to causes beyond its reasonable control (e.g., natural disasters, strikes). If delay exceeds 90 days, either party may terminate.

4. Retention of Title & PPSA (Security)

Ownership: Title to Goods remains with the Company until the Client has paid all amounts defined under the contract.

PPSA: The Client acknowledges that these Terms create a Security Interest (PMSI) in the Goods under the Personal Property Securities Act 2009 (Cth). The Client consents to the Company registering this interest and waives the right to receive verification statements or notices under the PPSA.

Possession: If the Client defaults on payment, the Company may enter the Client’s premises to seize and recover the Goods.

5.  Warranties and Limitation of Liability 

No Implied Warranties: Except for guarantees required by the Competition and Consumer Act 2010 (Cth) that cannot be excluded, the Company excludes all other warranties, representations, and conditions regarding the Goods or Services.

Limitation of Liability: The Company’s liability is strictly limited to (at the Company's option):

5. 1. •  For Goods: Repairing or replacing the goods; or

      • For Services: Re-supplying the services.

No Consequential Loss: The Company is not liable for any indirect loss, loss of profit, business interruption, or consequential damages suffered by the Client or any third party.

Claims: Any claim by the Client must be made in writing within 60 days of supply. No action may be brought after 9 months.

Third-Party Goods: The Company does not warrant products manufactured by third parties. It simply passes on whatever manufacturer warranty exists.

6.  Client Obligations & Indemnity

Site Access: The Client must provide sufficient access and accurate information (including location of underground services) to allow the Company to perform the Services safely.

Indemnity: The Client indemnifies the Company against all losses, claims, and costs arising from the Client’s negligence, breach of these Terms, or use of the Goods/Services (including third-party IP claims).

7.  Termination

By Company: The Company may terminate immediately if the Client breaches these Terms (and fails to remedy within 21 days) or becomes insolvent.

By Client: The Client may not cancel an order after acceptance without the Company’s written consent. If cancelled, the Client must indemnify the Company for all costs and losses incurred.

8. Intellectual Property 

Unless agreed otherwise, all intellectual property created during the provision of Services ("Work Product") remains the exclusive property of the Company. The Client is granted a license to use the Work Product only upon full payment of fees.

9. Governing Law 

These Terms are governed by the laws of South Australia. The parties submit to the exclusive jurisdiction of the courts of South Australia.