- 1. General
- 2. Online orders
- 3. Prices & quotes
- 4. Delivery
- 5. Title & risk
- 6. Loss or damage in transit
- 7. Payment
- 8. Warranty & liability
- 9. Returns & cancellations
- 10. Deposits
- 11. Assignment
- 12. Indemnity
- 13. Governing law
- 14. Consequential loss
- 15. Privacy
- 16. Changes
- 17. Definitions
The short version. These are the terms on which All West Softwash sells goods, in the warehouse and through this website. Nothing in them takes away the rights you have under the Australian Consumer Law. Where a clause says it applies "to the extent permitted by law", that is what it means: it goes as far as the law allows and no further.
1. General
1.1 These terms and conditions ("Terms") apply to every quotation we give and every order we accept for the supply of goods or services by All West Softwash (ABN 29 691 110 979) of Unit 5 / 100 Prinsep Road, Jandakot WA 6164 ("All West", "we", "us"). They apply to orders placed through this website, by phone, by email and in person at the warehouse.
1.2 By placing an order you agree to these Terms. They replace any terms on your own purchase order or other document unless we have agreed to those terms in writing.
1.3 No part of these Terms can be varied, waived or excluded except in writing signed or sent by us. A variation agreed for one order does not carry over to any other order.
1.4 Work or supply that falls outside the scope of an accepted quotation or order (for example additional fitting, fabrication or site work) will be charged at our standard rates current at the time, unless a written contract with you says otherwise.
2. Online orders
2.1 An order placed on this website is an offer by you to buy the goods at the price shown at checkout. We accept the order when we send you an order confirmation or dispatch the goods, whichever comes first. Until then we may decline the order, for example where an item is out of stock, a price or description was displayed in error, or we cannot verify the payment or delivery details.
2.2 If we decline an order, or can supply only part of it, we will tell you promptly and refund any amount paid for the goods we are not supplying.
2.3 Stock levels on the website are refreshed regularly but are not guaranteed to be exact at the moment you order. Where an item sells out between your order and dispatch we will contact you to arrange a replacement, a back order or a refund.
2.4 Some products are marked as freight-only or enquiry-only and cannot be paid for online. For those we will quote freight and payment terms separately before the order is confirmed.
2.5 You are responsible for the accuracy of the details you give us, including the delivery address. Freight to redeliver goods returned to us because of an incorrect or incomplete address may be charged to you.
3. Prices and quotes
3.1 Prices on this website and in our price lists are in Australian dollars and include GST unless clearly stated otherwise. A price shown at checkout is the price you pay for that order.
3.2 A written quotation is valid for 30 days from its date unless it says otherwise. After that period, or if you change what is being quoted, we may re-quote to reflect changes in our costs, supplier pricing, freight or exchange rates. We will not increase the price of an order we have already accepted without your agreement.
3.3 Where a product's price depends on cut length, configuration or a supplier quote, the website says so and the final price is confirmed with you before the order is accepted.
3.4 Goods supplied to an address outside Australia are subject to the destination country's import duties, taxes and charges, which are your responsibility. GST is not charged on eligible exports.
4. Delivery
4.1 Delivery dates and dispatch times are given in good faith and as accurately as we can, but they are estimates and are not guaranteed. To the extent permitted by law we are not liable for delay caused by events outside our reasonable control, including supplier or carrier delays, industrial action, weather, natural events, government restrictions, shortages of materials, or the absence of, or errors in, your delivery instructions. If a delay becomes significant we will tell you, and if we cannot supply within a reasonable time you may cancel the affected part of the order and receive a refund of what you have paid for it.
4.2 We may dispatch an order in more than one consignment, and may invoice each consignment separately. Each consignment is treated as a separate contract for payment purposes, but nothing in this clause affects your rights in respect of the order as a whole.
4.3 If you tell us you cannot accept or store goods you have ordered, do not give us the delivery instructions we need, or do not collect goods held at the warehouse within 14 days of being told they are ready, we may store the goods on your behalf. The goods are then at your risk, and reasonable storage and handling costs may be charged, provided we have told you first.
4.4 Once we accept an order we may procure, cut, assemble or manufacture the goods straight away, regardless of the delivery date requested, and clause 9 applies if you then cancel.
4.5 Freight for online orders is quoted live at checkout against the delivery address and the size and weight of the goods. Where we quote freight separately, we choose the carrier and service, using reputable carriers, unless you ask in writing for a specific carrier and agree to any extra cost.
4.6 Dangerous goods, including many chemicals, travel by road only, may need to be packed and consigned separately, and cannot be sent to every destination or by every carrier. Our Delivery & Returns Policy explains this in more detail.
5. Title and risk
5.1 Ownership of goods stays with All West until we have received payment in full for those goods and for every other amount you owe us. Risk in the goods passes to you when they are delivered to you or your carrier, or collected from the warehouse, subject to clause 4.3.
5.2 Until ownership passes you must keep the goods in a condition that lets them be identified as ours, insure them for their full value, and not give anyone a security interest in them. If you sell the goods before you have paid for them, you hold the part of the sale proceeds equal to our invoice price on trust for us, and you agree to keep that money separately so it can be identified.
5.3 If you fail to pay when due, or become insolvent, we may, to the extent permitted by law and with reasonable notice, enter premises where the goods are kept during ordinary hours to inspect or recover them. Retaining ownership does not stop us from suing for the price.
5.4 These Terms create a security interest in the goods and their proceeds for the purposes of the Personal Property Securities Act 2009 (Cth). You agree to do what is reasonably needed to let us register and perfect that interest, and to the extent permitted you waive the right to receive notices under that Act.
5.5 Clause 5 does not limit any guarantee that applies to you under the Australian Consumer Law.
6. Loss, damage or non-delivery in transit
6.1 Please check goods on arrival. If a consignment arrives damaged, short, or not at all, tell us in writing (email is fine) with your order number and, where possible, photographs:
- for a consignment or package that has not arrived, within 21 days of the dispatch date on your invoice or dispatch notice;
- for goods that are damaged, or where items are missing from a package, within 3 business days of delivery, and where you can, have the driver record the delivery as damaged or incomplete.
6.2 These timeframes exist because carriers will only accept a claim from us within a short window. If you tell us later than this we will still look into it, but it may not be possible to recover the loss from the carrier and we may not be able to help beyond what the Australian Consumer Law requires.
6.3 Where goods are lost or damaged in transit on a delivery we arranged, we will at our option repair or replace the goods, or refund the price paid for them, including the freight paid on the lost or damaged items. To the extent permitted by law our liability for transit loss or damage is limited to that remedy, and we are not liable for any consequential loss.
6.4 Where you arrange your own carrier, risk passes to you when we hand the goods to that carrier, and any claim for transit loss or damage is a matter between you and the carrier.
7. Payment
7.1 Online orders are paid in full at checkout. Payments are processed by Stripe; we do not see or store your card number.
7.2 For customers we have approved for a trade account, and unless we agree otherwise in writing, payment is due in full, without set-off or deduction, within 30 days of the invoice date. For goods sold ex-works or for collection, the invoice date is the date the goods are ready for collection.
7.3 If an account is not paid on time we may, without limiting our other rights, suspend deliveries or work on any outstanding order, withdraw credit terms, require payment before further supply, and cancel any unperformed part of the contract. We remain entitled to be paid for goods already supplied or manufactured, and to recover the reasonable costs we incur in recovering an overdue amount, including collection agency and legal costs.
7.4 If you dispute an invoice, tell us in writing within 14 days of the invoice date with the reason. Undisputed amounts remain payable on the due date.
8. Warranty and liability
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.
8.1 We undertake that goods supplied will be of acceptable quality, match their description and any sample, and be reasonably fit for any purpose you told us about and we accepted, as the Australian Consumer Law requires. Our Warranty Policy sets out how to make a claim and what our own warranty against defects covers.
8.2 To the extent permitted by law, any other warranty, condition or guarantee that would otherwise be implied into the contract by statute, common law or trade custom is excluded. Where the law allows us to limit our liability for breach of a guarantee that cannot be excluded, our liability is limited, at our option, to replacing or repairing the goods, supplying equivalent goods, paying the cost of doing so, or refunding the price.
8.3 How you apply and use the goods is your responsibility. Advice, data, recommendations and results of tests or trials that we give you, whether spoken or written, are given in good faith to help you, but pressure, chemical strength, surface type, dwell time and weather all vary from job to job. Unless we have agreed in writing to supply goods for a specific purpose you have described, you should satisfy yourself that the goods suit the surface, the chemical and the way you intend to use them, and follow the manufacturer's instructions and safety data sheets.
8.4 If you believe goods are not of the proper quality, tell us in writing as soon as reasonably possible, with full details, and before using or returning the rest of the consignment, so we can investigate. This is the fastest way to resolve a problem and helps us pursue the manufacturer, but it does not remove your rights under the Australian Consumer Law.
8.5 To the extent permitted by law, and except for liability that cannot be excluded, our total liability to you for a breach of contract, negligence or misrepresentation relating to an order is limited to the invoice price of the goods that gave rise to the claim.
9. Returns and cancellations
9.1 Faulty goods are handled under clause 8 and our Warranty Policy. Nothing in this clause applies to a return you are entitled to make under the Australian Consumer Law.
9.2 If you want to return goods that are not faulty (for example you changed your mind or ordered the wrong size), contact us first for a return authorisation number. Quote that number on the parcel and in any correspondence. Returns without a number may be refused or delayed.
9.3 We may accept a change-of-mind return where the goods are returned within 30 days of delivery, are unused and in as-new condition, and are in their original, undamaged packaging with all parts, manuals and accessories. Return freight is at your cost and risk, and the original freight charge is not refunded.
9.4 Accepted change-of-mind returns are refunded less a restocking fee of 15% of the price of the returned goods, which reflects our reasonable costs of receiving, inspecting and restocking the goods. Custom and special-order items, including built-to-order skids, van and trailer systems, cut-to-length hose and items ordered in specifically for you, attract a restocking fee of up to 55%, reflecting the cost we incur that cannot be recovered by reselling them. Where returned goods need parts or labour to bring them back to as-new condition, that cost is added to the restocking fee.
9.5 Chemicals, opened consumables, and items that cannot be resold for hygiene or safety reasons cannot be returned for change of mind.
9.6 Whether to accept a change-of-mind return is our decision, made reasonably. Our Delivery & Returns Policy explains the process step by step.
9.7 You may cancel an online order at no cost at any time before we dispatch it, unless it is a custom or special-order item that we have already started to procure or build, in which case clause 10 applies.
10. Deposits
10.1 Custom builds and special orders require a deposit before we begin. Unless our invoice or a written agreement says otherwise, the deposit is 55% of the invoiced order.
10.2 If you cancel a custom or special order after we have accepted it, we may keep from the deposit an amount equal to the costs we have incurred and the loss we reasonably suffer because of the cancellation, including supplier charges that cannot be recovered and work already done. We will give you a breakdown, and any balance of the deposit is refunded. Where the deposit does not cover those costs, the shortfall is payable by you.
11. Contracts are not assignable
The contract between you and All West is personal to you. You may not assign or transfer it, or any rights under it, to anyone else without our written consent.
12. Indemnity
Where we make, modify or supply goods to a design, drawing or specification you provide, you indemnify us against any claim, penalty, cost or expense we suffer because that work infringes a patent, registered design, trade mark, copyright or other intellectual property right, or a proprietary process, belonging to someone else.
13. Governing law
These Terms and every contract they apply to are governed by the laws of Western Australia and the Commonwealth of Australia. You and we submit to the non-exclusive jurisdiction of the courts of Western Australia and the courts that hear appeals from them.
14. Consequential loss and insurance
14.1 To the extent permitted by law, neither party is liable to the other for consequential or indirect loss, including loss of profit, revenue, contracts or business, or downtime, however it arises. This does not limit the compensation the Australian Consumer Law entitles a consumer to for reasonably foreseeable loss caused by a failure to comply with a consumer guarantee.
14.2 Goods are not insured in transit beyond the carrier's standard cover unless you ask us to arrange transit insurance and agree to the cost before dispatch.
15. Privacy
We collect and handle your personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth).
16. Changes to these Terms
We may update these Terms from time to time. The version on this website at the time you place an order is the one that applies to that order. Changes do not apply retrospectively to orders we have already accepted.
17. Definitions
- All West, we, us — All West Softwash, ABN 29 691 110 979.
- You, the customer — the person or business placing the order, and anyone acting with their authority.
- ACL — the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010 (Cth).
- PPSA — the Personal Property Securities Act 2009 (Cth).
- Business day — a day other than a Saturday, Sunday or public holiday in Western Australia.
- Custom or special order — goods built, configured, cut or ordered in specifically for you and not held as normal stock.
- Consumer — has the meaning given in the ACL. Most purchases of goods costing up to $100,000, and goods of a kind ordinarily bought for personal, domestic or household use, are consumer purchases even when made by a business.
Contact
- Business
- All West Softwash · ABN 29 691 110 979
- Address
- Unit 5 / 100 Prinsep Road, Jandakot WA 6164
- Phone
- 0499 755 001
- david@allwestsoftwash.com.au