Terms and Conditions

“Agreement” means an agreement, arrangement or understanding (whether oral or in writing) between Rextel and the Customer for the supply of Goods by Rextel.

“Consequential Loss” means any special, indirect or consequential loss or damage, and any loss of profits, loss of production, loss of revenue, loss of use, loss of contract, loss of opportunity, loss of goodwill or wasted overheads whatsoever, whether direct or indirect.

“Customer” means the Person who agrees to enter into an Agreement with Rextel.

“Employee” includes a person who is authorised to provide services for or on behalf of Rextel and an employee of such a person in the performance of those services.

“Goods” means all products agreed to be supplied by Rextel or its Employees to the Customer under an Agreement.

“Non-stock Item” means custom or special Goods that are not Stock Items.

“Order” means the request by the Customer to Rextel that Rextel supply Goods and/or Services to the Customer.

“Person” means a legal entity and includes a body corporate as well as a natural person.

“Purchase Price” means the total amount inclusive of GST of the Goods and Services described on the tax invoice provided to the Customer by Rextel.

“Rextel” means the seller of the Goods, Rextel Pty Ltd ACN 010 687 659 trading as Seairland Systems and/or Rextel Aerospace Coatings.

“Services” means all work performed by Rextel or its Employees for the Customer.

“Stock Item” means standard or ordinary Goods sold by Rextel.

“Terms” means these terms and conditions as amended from time to time.

2.1 These Terms form part of any Agreement between Rextel and the Customer and are the only Terms of sale to which Rextel will be bound.

2.2 These Terms exclusively set out the rights and obligations between Rextel and the Customer and are applicable to all Orders made by the Customer to Rextel. Unless contained in these Terms, any representation, discussion or arrangement made prior to the placing of an Order by the Customer is superseded by these Terms.

2.3 The Customer is deemed to have accepted these Terms by placing an Order with Rextel or accepting Rextel’s supply of the Goods and/or Services.

2.4 These Terms can be changed by Rextel at any time. Any Order placed by the Customer following notification of a change to these Terms will constitute acceptance of the new terms of sale. Failure to accept the new terms of sale may result in cancellation of the Customer’s credit facilities with Rextel, if any.

3.1 The Customer must provide Rextel with accurate details in each Order. Rextel is under no obligation to enquire as to the accuracy of the details provided by the Customer in any Order or whether Goods will be fit for the purpose required by the Customer.

3.2 Once placed, an Order cannot be cancelled, varied or deferred without Rextel’s prior consent which can be given or refused at its sole discretion and if given then only on terms that fully indemnify Rextel against any loss suffered by it as a result of that cancellation, variation or deferral.

4.1 Upon provision by Rextel of a tax invoice to the Customer for the Order, the Customer must pay the Purchase Price to Rextel.

4.2 Unless otherwise agreed by Rextel in writing, the Customer must pay the Purchase Price in full without any deduction, set-off or counter-claim by the last Business Day of the month following the later of (a) the supply of the Goods and/or Services or (b) the date the invoice is issued by Rextel to the Customer.

4.3 If payment of an invoice remains unpaid for more than 30 days after the date of issue, Rextel may, in addition to other rights and remedies it may have either under these Terms or at law:

(a) suspend the performance of its obligations under the Terms until the Purchase Price is paid in full; and

(b) immediately commence legal proceedings to recover the Purchase Price and any other amounts owed, including interest and legal fees.

4.4 The Customer indemnifies Rextel against, and must pay on demand, all costs and expenses incurred by Rextel in enforcing the Agreement or collecting payment for the Goods and/or Services.

4.5 Rextel may charge the Customer interest on any overdue amount at the default Reserve Bank of Australia cash rate plus a margin of 4%. Interest is calculated daily from the date on which the payment falls due until the date that the outstanding amount has been paid in full.

4.6 Rextel has the sole right to determine the amount of credit extended to the Customer, if any. Rextel makes no assurance that credit will be extended to the Customer or that, once extended, will be maintained at any specified amount.

4.7 Should credit be extended to the Customer, Rextel may in its absolute discretion, without being under any duty or obligation to provide reasons, review alter or terminate the Customer’s credit limit, if any. The decision of Rextel is final and Rextel accepts no liability or responsibility for any loss, howsoever arising, incurred by the Customer due to the exercise of Rextel’s rights under this clause.

5.1 Rextel will make all reasonable efforts to have the Goods and Services delivered to the Customer on the date agreed between the parties but Rextel is not liable for any delay in delivery or any loss (including Consequential Loss) associated with late delivery of the Goods and Services.

5.2 Title in and to the Goods will not pass to the Customer until the Purchase Price is paid in full. Until title in and to the Goods passes to the Customer in accordance with this clause Rextel is entitled at any time to demand the return of the Goods.

5.3 The Goods and Services are supplied to the Customer at the Customer’s risk and the Customer bears all risk of loss (including Consequential Loss) or risk arising in connection with the Goods and Services.

5.4 Unless otherwise agreed in writing, all risks associated with the Goods and Services (including risk of loss and damage) will pass to the Customer upon delivery by Rextel (or its agent or carrier commissioned by Rextel) to the Customer (or its agent or the carrier commissioned by the Customer).

6.1 The Customer must inspect the Goods and Services immediately following delivery and notify Rextel of any defects, deficiency or inconsistency with the Order in writing within 48 hours of delivery. If the Customer does not notify Rextel within 48 hours of delivery, the Customer will be deemed to have accepted the Goods and Services as being of merchantable quality and free from defects, deficiency or inconsistency with the Order.

6.2 The Customer is responsible for checking the colour of the Goods before use. Rextel is not responsible for colour matching or assessing the colour of the Goods on application.

6.3 The Customer may only return Non-stock Items to Rextel in accordance with clause 6.1.

6.4 In addition to their rights under clause 6.1 the Customer may return Stock Items to Rextel only with prior written consent from Rextel.

6.5 If the Customer is purchasing the Goods for personal or non-commercial use, the Customer may have other statutory rights in addition to these Terms.

7.1 Rextel will transfer to the Customer any transferable warranties or indemnities that the manufacturer of the Goods provides to Rextel and Rextel will have no liability towards the Customer beyond the express terms of such manufacturer product warranties.

7.2 Subject to clause 7.1 and 7.4:

(a) Rextel expressly excludes all conditions, warranties, or representations, whether express or implied, in respect of the Goods and Services; and

(b) Rextel and its Employees will not be liable for any loss (including Consequential Loss) or damage howsoever caused (including breach of contract and negligence) that arises in whole or in part from, or in connection with, the provision of Goods and/or Services by Rextel.

7.3 Subject to clause 7.1, where the exclusion of liability in clause 7.2 is reduced or not available, the liability of Rextel and its Employees will be limited, where legally permissible, at the option of Rextel to:

(a) the replacement of the Goods or the supply of equivalent Goods;

(b) the repair of the Goods and Services;

(c) the refund of the price paid by the Customer for the Goods and Services.

7.4 Nothing in these Terms excludes, or restricts or modifies any guarantee, right or remedy conferred on the Customer by the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) or any other applicable law insofar as they cannot be excluded, restricted or modified by agreement.

7.5 The Customer acknowledges and agrees that any recommendation given by Rextel and/or its Employees in relation to the appropriateness of any Good and/or Service is for information purposes only and does not form part of this Agreement.

7.6 Rextel and its Employees will not be liable for any loss howsoever caused to the extent that the Customer has not used the Goods in accordance with the applicable technical requirements of the manufacturer.

7.7 The Customer releases Rextel and its Employees from and indemnifies Rextel and its Employees against any action, proceeding, claim, demand or prosecution arising from or in connection with any loss (including Consequential Loss), damage, injury, illness or death to any person or property, misdelivery or any other loss or damage of any kind.

8.1 These Terms are governed by the laws of Queensland and the parties submit to the exclusive jurisdiction of the courts exercising jurisdiction in Queensland.