1.       Definitions

Unless the context otherwise requires:

Customer or you means the person, legal entity and/or their agent or any person with access to the customer account provided by Tower Fastening System acquiring, ordering or offering to acquire Products from Tower Fastening System.

GST means Goods & Services Tax as defined under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Jintin or Tower Fastening System means Jintin Trading Pty Ltd, trading as Tower Fastening System (ABN 086 863 327) and its related bodies corporate.

Products mean all products (including but not limited to screws, rivets, tools and drive bits), services and/or equipment supplied or to be supplied by Tower Fastening System to a Customer.

Terms & Conditions means these terms and conditions of trade, as amended or updated from time to time by Tower Fastening System.

TOWER® Fastening Systems and TR are registered trademarks of Tower Fastening System.

PPSA means the Personal Property Securities Act 2009 (Cth) and its associated regulations as varied from time to time.

PPSR refers to the Personal Property Securities Register established under the PPS Act.

2.      Applicability of these Terms & Conditions

2.1.  Unless otherwise expressly agreed in writing by Tower Fastening System, these Terms & Conditions will apply
to all quotations, orders, promotions and offers in relation to the sale, supply, service and replacement of any Products offered by Tower Fastening System, and will take precedence over any purchase order, contract or other document issued by you.

2.2. Any order or quotation for Products submitted, placed or communicated to Tower Fastening System by a Customer will be deemed to be an offer pursuant to, and incorporate these, Terms and Conditions.

2.3. Tower Fastening System reserves the rights to amend these Terms and Conditions periodically at its sole discretion, including by updating its website: https://www.tower-tr.com.au/terms

3.     Prices

3.1.  The price payable for Products shall be the current price advised by Tower Fastening System at the day of dispatch.

3.2. The box quantities referred to in Tower Fastening System’s price list and online ordering platform are the minimum sale quantity that must be ordered for any purchase of Products.

3.3.  All Product prices quoted by Tower Fastening System are subject to change at Tower Fastening System’s sole discretion, however, where reasonably possible, Tower Fastening System will endeavour to provide advance notice of any price change.

3.4.  Without limitation, changes to Product pricing may be necessary to correct errors or allow for unforeseen increases in the cost of labour, materials, freight, foreign exchange rates, taxes, duty or other levies taking effect prior to the date of delivery.

3.5.  You may contact Tower Fastening System to request or quote alternative pricing for bulk or special orders.

3.6.  All Product prices displayed are exclusive of GST and, where applicable, Tower Fastening System will charge
you any applicable GST payable on the Products.

4.     Payment

4.1.  Payment for all Products must be made by the Customer to Tower Fastening System within 30 days after the end of the current calendar month in which the products and/or services are ordered.

5.    Title and Risk

5.1.  The delivery of any Products is deemed to have occurred when:

(a) the Products are unloaded at the delivery place by Tower Fastening System (or its designated freight provider); or

(b) you (or your designated freight provider) commence loading of the Products.

5.2.  Risk in the Products passes upon delivery occurring in accordance with clause 5.1 above.

5.3.  Legal and equitable title, property and ownership in any Products sold or supplied by Tower Fastening System only passes on receipt of full payment by Tower Fastening System in full, cleared funds and without any deduction or set-off.

5.4.  Until ownership of the Products passes to the Customer in accordance with clause 5.3, you must:

(a) properly store and protect the Products and keep the Products separate from other goods and maintain Tower Fastening System’s labelling and packaging;

(b) hold the goods as fiduciary bailee and agent for Tower Fastening System;

(c) hold the proceeds of any sale of the Products on trust for Tower Fastening System;

5.5.  In addition to its rights under the PPSA, Tower Fastening System may, with notice, enter any premises where it suspects the goods are and remove them, notwithstanding that they may have been attached to other goods not the property of the Customer, and for this purpose you irrevocably licence Tower Fastening System to enter such premises and also indemnify Tower Fastening System from and against all costs, claims, demands or actions by any party arising from such action.

6.     Returns

6.1.  The customer is obliged to open and check all Products supplied by Tower Fastening System and to report any alleged deficiency within 7 days of delivery of the Products. 

6.2. Tower Fastening System will replace, repair or refund any defective or faulty Products as statutorily required under the Australian Consumer Law found in the Competition and Consumer Act 2010 (Cth). 

6.3. Any return claims in respect of Products made by the Customer must:

(a) be notified to Tower Fastening System within 7 days of delivery of the Products and be accompanied by the original return claim;

(b) contain the original attached invoice for the Products provided by Tower Fastening System; and

(c) contain all relevant Products subject of the return claim (including original packaging) in a reasonably satisfactory condition as originally supplied to the Customer.

6.4. Examples of unsatisfactory condition under 8.1(c) which may trigger clause 6.5 include, but are not limited to: 

(a) damaged or missing Products; 

(b) damaged or missing packaging; 

(c) altered or used Products; or

(d) Products which are otherwise not in saleable condition.

6.5. Failure to comply with the conditions outlined in clause 6.3 will result in a 15% Product restocking fee being charged to the Customer at their expense.

6.6. Tower Fastening System will provide a credit for any defective Products returned validly in accordance with
this clause 6.

7.      No Warranty and Disclaimers

7.1.  To the greatest extent permitted by law, Tower Fastening System does not provide any express or implied warranty, undertaking or guarantee as to the condition, fitness for purpose, quality, performance, appearance, merchantability, completeness or accuracy of any Products and any excludable warranties, guarantees, third-party liabilities and are expressly excluded and disclaimed by Tower Fastening System.

7.2.  You acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly disclaim and exclude any liability for such to the fullest extent permissible by law.

7.3.  Where Tower Fastening System’s Products are acquired or held out as being acquired for re-supply or being used or transformed, in trade or commerce, in the course of a process of production, manufacture, repair or treating of other goods or fixtures on land,  all express or implied warranties and conditions, where permitted by law, are hereby expressly excluded and Tower Fastening System shall not be liable for any actual, consequential or other loss of expense or damage arising in any way from the supply, use or performance of Tower Fastening System’s products.

8.     Limitation of Liability

8.1.  To the greatest extent permitted by law, Tower Fastening System ‘s (and its employees, directors and its agents’) liability, if any, whether in contract, tort (including negligence), statute or otherwise, for any claims, losses, damages, costs, liabilities or expenses arising out of or in connection with the Products or their supply, is limited to:

(a) in the case of Products which are goods, at the option of Tower Fastening System:

(i) replacement of the goods or the supply of equivalent goods; or

(ii) a refund for the price charged by Tower Fastening System for the applicable goods;

(b) in the case of Products which are services, at the option of Tower Fastening System:

(i) re-supply of the applicable services; or

(ii) a refund of the price charged by Tower Fastening System for the applicable services.

8.2. You agree that the options described in clauses 8.1(a) and 8.1(b) will be your sole and exclusive remedy and Tower Fastening System’s (and its employees, directors and its agents’) sole and exclusive liability in respect of any claim, losses, damages, costs, liabilities or expenses arising out of or in connection with the Products or their supply.

8.3. Notwithstanding any other provision of these Terms and Conditions, Tower Fastening System (and its employees, directors and its agents) will not be liable for any consequential, indirect or incidental loss, loss of profits, loss of data, lost production or revenue, loss of anticipated savings, loss of opportunity, increased cost of working, business reputation or damage to goodwill arising from
or in connection with the Products or their supply.

9.     PPSA

9.1.  You acknowledge and agree that, by virtue of these Terms and Conditions, Tower Fastening System has a security interest (including a Purchase Money Security Interest) for the purposes of the PPSA in all present and future goods and Products supplied to you.

9.2. The security interest arising under this clause 9 attaches to the Products when the Products leave Tower Fastening System’s warehouse or premises.

9.3. You agree to:

(a) do whatever is reasonably necessary (including executing documents) in order to give, register or perfect, a valid security interest over the Products in favour of Tower Fastening System;

(b) procure any such agreements and waiver from any persons reasonably required to fully effect Tower Fastening System’s security interest.

9.4. Where permitted by the PPSA, you agree to waive any rights to receive notifications, verifications, disclosures or other documentation specified under sections 95, 118, 121(4), 130, 132(3)(d), 132(4), 135 and 157 of the PPSA.

9.5. Each party agrees to expressly exclude the provisions of sections 96, 125, 129, 142 and 143 of the PPSA from these Terms and Conditions.

10.    General

10.1. Any clause of these Terms & Conditions which are deemed by a court to be void or unenforceable is severable to the extent of which it is unenforceable or void.

10.2. No right or power under these Terms and Conditions may be waived by a party except expressly in writing.

10.3. If Tower Fastening System is prevented from or delayed in complying with an obligation (other than to pay money) by an event beyond its reasonable control, then performance by it of that obligation is suspended during the time, but only to the extent that compliance is prevented or delayed.

11.     Governing Law

11.1. These Terms and Conditions are governed by and construed in accordance with the laws of New South Wales, Australia.