Terms of Trade

Part A. Terms that apply to everyone

1. What this document is

1.1 These are the terms on which Slingin Equipment Pty Ltd (we, us, our) sells goods and provides inspection services. They apply to every quote, order, delivery, trade account and inspection engagement, and to every document we issue in connection with them.

1.2 Part A applies to everyone. Part B applies to trade accounts. Part C applies to inspection services. Where Parts B or C say something different from Part A, Parts B or C apply.

1.3 You accept these terms when you do any of the following:(a) tick the acceptance box at checkout;(b) sign a Trade Account Application;(c) sign an Inspection Engagement;(d) send us a purchase order or ask us to supply goods or services afterreceiving a copy of, or a link to, these terms; or(e) accept delivery of goods or pay an invoice.

1.4 These terms are the whole agreement between us for the goods and services they cover. Terms printed on your purchase order or other documents do not apply, even if we do not object to them, unless a director of ours has agreed to them in writing and signed.

1.5 Nothing in these terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law or any other law that cannot be excluded, restricted or modified by agreement.

2. Meanings

Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth).

Business Day means a day that is not a Saturday, Sunday or public holiday in Perth, Western Australia.

Consequential Loss means loss of profit, revenue, production, contract, opportunity or goodwill, business interruption, downtime, hire of substitute equipment, and any loss that does not arise naturally and directly from the breach or event in question.

Goods means anything we sell or supply, including gear supplied to you directly by our supplier on our instruction.

Manufacturer means the entity that made the Goods, or imported them into Australia, or is otherwise treated by law as their manufacturer.

Order means a request by you to buy Goods, whether placed on our website, by email, by phone or by purchase order.

Services means inspection and reporting services described in Part C.

Trade Account means a credit account approved by us under Part B.

You means the person or entity buying Goods or Services from us, and if you are acting for a company or trust, that company or trust.

3. Prices and quotes

3.1 Prices on our website are shown including GST unless stated otherwise. Prices on written quotes and trade invoices are shown excluding GST, and GST is added at the current rate.

3.2 A written quote is valid for 30 days from its date unless it says otherwise. A quote is an invitation to order, not an acceptance.

3.3 Our prices depend on our suppliers' prices. If a supplier changes its price after you order and before we accept the Order, we will tell you before proceeding and you may cancel that Order without charge.

3.4 If a price on our website or quote is obviously wrong, we may correct it before accepting the Order. We will tell you the corrected price and you may cancel that Order without charge.

3.5 Prices exclude delivery unless stated.

4. Orders

4.1 An Order is accepted when we confirm it in writing (an order confirmation email counts) or when we deliver. We may decline an Order without giving reasons.

4.2 You are responsible for making sure the Goods you order are suitable for your purpose, including their working load limit, size, grade and the standard they are made to. We publish the Manufacturer's specifications; we do not choose Goods for you.

4.3 If an item is on backorder we will tell you the expected date. You may cancel the backordered item without charge at any time before it is dispatched.

4.4 Once an Order is accepted you may cancel it only with our agreement. We will agree unless the Goods have already been dispatched by us or our supplier, or were ordered in, cut to length or otherwise prepared specifically for you, in which case clause 8 applies.

5. Payment

5.1 Unless you have a Trade Account, payment is due in full at the time of Order, by card through our website or by bank transfer against a proforma invoice.

5.2 Trade Account payment terms are in Part B.

5.3 If any amount is overdue we may charge interest on it at 2 percentage points above the Reserve Bank of Australia cash rate target, calculated daily from the due date until paid. We may also recover the reasonable costs of collecting the overdue amount, including debt collection and legal costs on a solicitor and client basis, to the extent those costs were caused by your late payment.

5.4 You may not withhold or set off any amount against our invoices unless we have agreed in writing.

5.5 We may suspend supply and Services while any amount is overdue.

6. Delivery and risk

6.1 Most Goods are dispatched to you directly by our supplier on our instruction. That does not change who you are dealing with: we are the seller, and these terms apply.

6.2 Delivery dates are estimates. We will tell you promptly if we become aware of a delay. We are not liable for delay caused by a supplier, a carrier, or anything outside our reasonable control, but you may cancel an Order for undelivered Goods if delivery is more than 30 days later than the estimated date.

6.3 Risk in the Goods passes to you when they are delivered to the address you nominated, or collected by you or your carrier, whichever happens first. If you ask us to leave Goods unattended, they are at your risk from the moment they are left.

6.4 You must inspect the Goods on delivery. Tell us in writing within 3 Business Days of delivery if Goods are damaged in transit, short delivered, or not what you ordered, with photos where possible. Late notice does not affect your rights under the Australian Consumer Law but may make a carrier claim impossible, and we will not be responsible for that part of the loss.

7. Title and security

7.1 Title to the Goods stays with us until you have paid in full for those Goods and every other amount you owe us. Until then you hold the Goods as our bailee, must store them so they can be identified as ours, must keep them insured, and must not give anyone else a security interest in them.

7.2 You may use or resell the Goods in the ordinary course of your business before title passes. If you resell, you hold the proceeds on trust for us up to the amount you owe.

7.3 If you fail to pay when due, or become insolvent, we may require you to return the Goods at your cost, and you authorise us to enter any premises where the Goods are kept, at a reasonable time and with reasonable notice, to collect them.

7.4 Clause 7.1 creates a purchase money security interest under the Personal Property Securities Act 2009 (Cth) (PPSA). You agree that we may register that interest on the Personal Property Securities Register, and you will sign anything reasonably needed to do so. To the extent the PPSA allows, you waive your right to receive a verification statement, and the parties contract out of sections 95, 118, 121(4), 125, 130, 132(3)(d), 132(4), 135, 142 and 143 of the PPSA. You must not disclose information of the kind referred to in section 275(1) of the PPSA unless required by law.

8. Returns

8.1 This clause is about change of mind returns. It does not affect your rights under the Australian Consumer Law, which are set out in clause 9.

8.2 We may accept a return for change of mind if you tell us within 14 days of delivery, the Goods are unused, in their original packaging with tags and certificates intact, and are of a kind we hold as standard stock.

8.3 Change of mind returns are subject to a restocking fee of 15% of the price paid for the returned Goods and you pay the return freight. Refunds are made by the original payment method within 10 Business Days of our receiving the Goods.

8.4 We do not accept change of mind returns of Goods ordered in specifically for you, priced on application, cut to length, or of a kind that cannot be resold once dispatched, including height safety equipment and personal protective equipment that has left its sealed packaging.

9. Your rights under the Australian Consumer Law

9.1 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.

9.2 Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

9.3 Limitation permitted by section 64A. Where the Goods or Services are not of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability for a failure to comply with a consumer guarantee (other than a guarantee under sections 51, 52 or 53 of the Australian Consumer Law) is limited, at our option, to:(a) for Goods: replacing the Goods or supplying equivalent Goods, repairingthe Goods, paying the cost of replacing the Goods or acquiring equivalent Goods, or paying the cost of having the Goods repaired; and(b) for Services: supplying the Services again, or paying the cost ofhaving the Services supplied again.

9.4 Lifting, rigging, load restraint and height safety equipment is equipment used in industry. We supply it to businesses for use in their operations. It is not of a kind ordinarily acquired for personal, domestic or household use, and we rely on clause 9.3 for it.

10. Warranties

10.1 The Goods carry the Manufacturer's warranty, if any. We pass that warranty through to you and will help you make a claim under it. Details of the Manufacturer's warranty are available from us on request.

10.2 We do not give any warranty of our own about the Goods beyond the consumer guarantees in clause 9. In particular we do not warrant that the Goods are fit for any purpose you have not told us about in writing before ordering, or that they comply with the rules of a particular site.

10.3 Your rights under the Manufacturer's warranty are in addition to your rights under the Australian Consumer Law and do not limit them.

11. Supply only

11.1 We supply Goods. We do not manufacture, import, assemble, make up to length, modify, repair, service, maintain, install, proof load test, hire out, repackage or relabel Goods, and we do not design lifts or rigging arrangements. If any of those things is needed, you must arrange it with a person competent to do it.

11.2 Any Slingin code, reference or label on our documents is for identification on paperwork only. It is not a mark on the Goods and does not mean we have inspected, tested or certified them.

11.3 Product descriptions, specifications, working load limits and instructions on our website and documents come from the Manufacturer. We take reasonable care in reproducing them but they remain the Manufacturer's information.

11.4 Anything said to you in person, by phone or in a message that is not recorded in a written quote, order confirmation, invoice or inspection report is general guidance only. You must not rely on it in place of the Manufacturer's instructions, the applicable Australian Standard, or the advice of a competent person.

12. Your responsibilities when using the Goods

12.1 You must make sure that the Goods are:(a) used only by persons who are trained and competent to use them;(b) used within their working load limit and in the manner theManufacturer intended;(c) inspected by a competent person before each use, and at the intervalsrequired by the applicable Australian Standard and your site rules;(d) stored and maintained in accordance with the Manufacturer'sinstructions; and(e) withdrawn from service if damaged, worn, overloaded, or past theirinspection date.

12.2 Height safety and fall arrest equipment must be selected, fitted, inspected and used by trained persons in accordance with AS/NZS 1891 and the Manufacturer's instructions, and must be retired immediately after it has arrested a fall or been subjected to shock loading, whether or not damage is visible.

12.3 You are responsible for compliance with the Work Health and Safety Act 2020 (WA), the Work Health and Safety (Mines) Regulations 2022 (WA) where they apply, and the rules of any site where the Goods are used. Nothing we supply transfers those duties to us.

12.4 You must keep the Manufacturer's certificates, test reports and instructions that come with the Goods, and must give them to anyone you supply the Goods to.

13. Our liability

13.1 Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud, or for anything that cannot be limited or excluded by law.

13.2 Subject to clause 13.1 and to clause 9, and to the maximum extent the law allows, we are not liable to you for Consequential Loss, however it arises, whether in contract, tort (including negligence), under statute or otherwise.

13.3 Subject to clauses 13.1 and 9, and to the maximum extent the law allows, our total liability to you in connection with any Order is limited to the price you paid for the Goods under that Order, and in connection with any Services is limited to the fees you paid for those Services in the 12 months before the event giving rise to the claim.

13.4 Our liability is reduced to the extent that the loss was caused or contributed to by you, your personnel, your contractors, or anyone you are responsible for, or by a failure to comply with clause 12.

13.5 Part 1F of the Civil Liability Act 2002 (WA) (proportionate liability) applies to any claim between us to the fullest extent it can, and nothing in these terms excludes, modifies or restricts it.

14. Your indemnity

14.1 You indemnify us against any claim by a third party, and the reasonable costs of dealing with it, to the extent that the claim arises from:(a) use of the Goods outside their working load limit or contrary to theManufacturer's instructions;(b) modification, repair or assembly of the Goods by anyone other than theManufacturer;(c) continued use of Goods after they were damaged, past their inspectiondate, or reported by us or anyone else as unfit for service; or(d) a breach of clause 12 by you or anyone you are responsible for.

14.2 Your indemnity is reduced to the extent the claim was caused by our negligence or breach of these terms.

15. Information and privacy

15.1 We collect and hold your contact, business and transaction details to supply Goods and Services, to run Trade Accounts, and to meet our legal obligations. We handle personal information in accordance with our Privacy Policy at [URL].

15.2 You agree that we may share your details with our suppliers and carriers to the extent needed to deliver your Order, and with credit reporting bodies and referees as described in Part B.

16. Intellectual property

16.1 Our website content, product descriptions, photographs, reports, registers and documents are ours or our licensors'. You may use inspection reports and registers we prepare for you for your own business purposes. You may not reproduce our website content or product data for any other purpose without our written consent.

17. Events outside our control

17.1 We are not liable for any failure or delay caused by something outside our reasonable control, including supplier or carrier failure, industrial action, weather, epidemic, government action, or failure of utilities or communications. If such an event continues for more than 30 days, either of us may cancel the affected Order or Services by written notice, and we will refund any amount paid for Goods or Services not supplied.

18. Ending the relationship

18.1 We may suspend or refuse further supply, close a Trade Account, or end an Inspection Engagement immediately by written notice if you fail to pay when due, breach these terms and do not fix the breach within 14 days of being asked, become insolvent, or if continuing would put our personnel at risk or breach the law.

18.2 Ending the relationship does not affect any rights either of us already has, or clauses that by their nature continue, including clauses 5, 7, 9, 13, 14 and 19.

19. Disputes and governing law

19.1 If there is a dispute, either of us may give the other written notice of it. The parties will meet, in person or by video, within 14 days to try to resolve it. Neither party may start court proceedings until 28 days after the notice, except to seek urgent relief or to recover an undisputed debt.

19.2 These terms are governed by the law of Western Australia. Each of us submits to the courts of Western Australia and courts that hear appeals from them.

20. General

20.1 We may change these terms by giving you at least 30 days' written notice. The change does not apply to Orders accepted or Services booked before it takes effect. If you do not accept the change, you may stop ordering and close your Trade Account without penalty.

20.2 If any part of these terms is unenforceable, it is severed and the rest continues.

20.3 You may not assign your rights under these terms without our written consent. We may assign ours to a purchaser of our business on notice to you.

20.4 A notice under these terms must be in writing and sent to the email address each party last gave the other. It is taken to be received on the next Business Day after sending unless a delivery failure message is received.

20.5 A waiver of any right is only effective if in writing, and only for the instance it refers to.

Part B. Trade Accounts

21. Applying

21.1 You may apply for a Trade Account using our Trade Account Application. We may approve or decline an application in our discretion, set a credit limit, and change or withdraw the limit on written notice.

21.2 By applying you consent to our making enquiries about your credit worthiness, including obtaining a report from a credit reporting body and contacting the trade references you give, and to our giving those bodies information about your account conduct as permitted by law.

21.3 You must tell us in writing within 7 days if there is any change in your ownership, structure, directors, trading name, or ability to pay, or if you become insolvent. Until you tell us, the persons who signed the application remain liable for the account.

22. Ordering on account

22.1 You may place Orders on your Trade Account by our website, by email, or by phone. An Order placed by anyone using your account email, your purchase order format, or a name you have listed as authorised, is taken to be placed by you unless you have told us in writing that the person is no longer authorised.

22.2 We may require a purchase order number for account Orders. Missing or incorrect purchase order numbers do not entitle you to withhold payment.

23. Paying on account

23.1 Payment is due [30 days from the date of invoice] [30 days from the end of the month of invoice] without deduction.

23.2 We will send tax invoices by email as Goods are dispatched and, for Services, as set out in the Inspection Engagement. Statements are sent monthly.

23.3 If you dispute an invoice you must tell us in writing within 7 days of receiving it, giving reasons, and pay the undisputed part on time.

23.4 If any amount is overdue, all amounts owing on the account become immediately due, we may suspend the account, and clause 5.3 applies.

24. Guarantee and indemnity

24.1 Where you are a company or a trustee, each director or trustee who signs the Trade Account Application personally guarantees payment of all amounts you owe us from time to time, and indemnifies us against any loss we suffer because you do not pay. The guarantee continues until we release it in writing, and is not affected by any time we give you, any change in the account, or the release of any other guarantor.

24.2 A guarantor may end their guarantee for future Orders by written notice to us, but remains liable for amounts owing at the date we receive the notice and for Orders accepted before that date.

25. Trade pricing

25.1 Trade pricing is a discount off our published prices, as shown on your account, and may be changed by us on 30 days' written notice. Trade pricing does not apply to Orders placed while the account is suspended.

Part C. Inspection Services

26. What the Services are

26.1 The Services are the inspection and reporting of loose lifting equipment, and where the Inspection Engagement says so, height safety equipment, at the site named in the Inspection Engagement.

26.2 An inspection is a visual and functional examination of each item that is presented to us and is accessible, against the requirements of the Australian Standard named in the Inspection Engagement for that class of equipment, carried out by the person named in the Inspection Engagement as the competent person.

26.3 The Services do not include, unless the Inspection Engagement says otherwise: proof load testing; non destructive testing; inspection of cranes, hoists, fixed plant, structures, anchor points or installed systems; repairs, adjustments, modifications or servicing of any kind; removing equipment from site; or certifying equipment as compliant with the rules of a particular site, contract or client.

26.4 We inspect equipment regardless of who supplied it and to the same standard. The inspection report and any quote for replacement equipment are separate documents, and accepting a quote is never a condition of receiving the report.

27. Your responsibilities

27.1 You must:(a) give our personnel safe access to the site and equipment, and provideany induction, permit or escort the site requires;(b) present every item you want inspected in a place where it can beexamined, clean enough to be examined, and not under load;(c) tell us before the inspection of any equipment history you know of thatis relevant, including previous inspection reports, known overloading, shock loading, fall arrest events, repairs or modifications;(d) provide a representative who can answer questions during theinspection and receive findings;(e) remove from service immediately any item we report as failed orunfit, and any item we could not inspect, and keep it out of service until it has been repaired or replaced and re inspected; and(f) tell your personnel that a tag we attach shows the result of aninspection on the date shown and nothing more.

27.2 You remain the person with management or control of the equipment and the site under the Work Health and Safety Act 2020 (WA). The Services do not transfer that duty to us. Between inspections, the condition, storage, use and inspection of the equipment is your responsibility.

27.3 Items that are not presented, not accessible, or not made safe to examine will be recorded as not inspected. We are not responsible for those items.

28. The report

28.1 We will deliver a written report and asset register within the time stated in the Inspection Engagement. The report records the condition of each item we inspected, on the date of inspection, as far as could be established by visual and functional examination against the named Standard.

28.2 The written report is the only record of our findings. Anything said on site, by phone or in a message, and any tag on its own, is not a finding and must not be relied on. If it matters, it is in the report. If it is not in the report, we have not found it.

28.3 The report is not:(a) a warranty or guarantee that any item will remain fit for use, or forany period;(b) a certificate that the equipment, the site or your systems comply withany law, standard, contract or site rule;(c) a substitute for pre use inspection by the operator; or(d) a Manufacturer's certificate, test certificate or proof of origin.

28.4 A report is prepared for you and for the site named in it. It must not be given to, or relied on by, anyone else without our written consent, except your auditors, regulators and site owners in the ordinary course of demonstrating your compliance.

28.5 We keep a copy of every report for 7 years. You own the report and register we prepare for you and may keep and use them whether or not the Services continue.

29. Fees

29.1 Fees are as stated in the Inspection Engagement. A free site assessment is free and you have no obligation to go further. A site assessment is not an inspection: we count and look over the equipment and your records and give you a written summary and a quote, but no item is inspected, tagged or passed, no register or report under clause 28 is produced, and nothing in the summary is a finding about any item.

29.2 For a program, fees are invoiced [quarterly in advance] [annually in advance] as stated in the Inspection Engagement and payable within 14 days of invoice unless you have a Trade Account, in which case Part B applies.

29.3 If a scheduled visit cannot go ahead because we were not given access, the equipment was not presented, or the site cancelled with less than 2 Business Days' notice, we may charge a rescheduling fee of [$500] plus any travel and accommodation costs we cannot recover, and the visit is rebooked at the next available time.

30. Term and ending a program

30.1 A program runs for 12 months from the first scheduled visit, then continues quarter to quarter until either of us gives 30 days' written notice. It does not renew automatically for a further fixed term.

30.2 If you end the program early, fees for visits already completed are not refundable. If you paid annually in advance, we refund the fees for visits not yet scheduled at the date the notice takes effect, less any unpaid amounts you owe us.

30.3 Either of us may end the program immediately by written notice if the other is insolvent or breaches these terms and does not fix the breach within 14 days of being asked.

31. Our liability for the Services

31.1 Clause 13 applies to the Services. In addition, we are not liable for any loss to the extent it arises from:(a) equipment or history not disclosed to us under clause 27.1(c);(b) items recorded as not inspected;(c) use of an item after we reported it as failed or unfit, or after itsnext due date shown on the tag or report;(d) damage, overloading, shock loading, modification or repair occurringafter the date of inspection; or(e) reliance on anything other than the written report.

31.2 You indemnify us against any claim by a third party, and the reasonable costs of dealing with it, to the extent it arises from a matter in clause 31.1(a) to (e), reduced to the extent the claim was caused by our negligence or breach.