Terms and Conditions
The term Tuffstuff Australia or “us” or “we” refers to the owner of the website whose registered office is 25-27 Apollo Dve Hallam Victoria 3806. Our company registration number is ABN: 92 933 093 703. The term “you” refers to the user or viewer of our website.
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
You may not create a link to this website from another website or document without Tuffstuff Australia‘s prior written consent.
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of The Australian Goverment as outlined in the Privacy Act 1988, Information Privacy Principles under the Privacy Act 1988 and further legislation. www.privacy.gov.au
If you have any questions as to how to use this site, or are experiencing difficulties, please call the Tuffstuff Australia Customer Service hotline on 03 9709 2333 or alternatively you can use the “contact us” form on the website. If you wish to send an email, please email Customer Service at firstname.lastname@example.org
The Tuffstuff Australia customer service department is available for calls during normal business days from 7:30 AM till 5:00 PM Mon-Friday EST. Alternatively, feel free to visit our warehouse/showroom facility at 25-27 Apollo Drive, Hallam Victoria 3803.
Trading Terms and Conditions For Sale of Goods
Kalt Pty LTF ATF Collins Family Trust trading as Tuffstuff Australia ABN 92 933 093 703
These Trading Terms & Conditions (‘Terms’) apply (unless otherwise previously agreed in writing) to the supply of Goods by the Company to the Customer from time to time. Any supply of Goods by the Company to the Customer made after the date of acceptance of these Terms is a supply pursuant to the supply agreement constituted by these Terms and the relevant order accepted by the Company and any such supply does not give rise to a new or separate agreement.
In these Terms unless the contrary intention appears:
Additional Charges includes all delivery, handling and storage charges, goods and services tax, stamp duty, interest, legal and other costs of recovery of unpaid money and all other government imposts and all money, other than the Purchase Price, payable by the Customer to the Company arising out of the sale of the Goods.
Customer means the person to or for whom the Goods are to be supplied by the Company.
Goods means the goods sold to the Customer by the Company and includes any services provided by the Company to Customer.
Intellectual Property Right means any patent, registered design, patent, trademark, copy-right, trade secret or any other proprietary right of a third party or parties, registered or unregistered, in any country.
Company means Kalt Pty LTF ATF Collins Family Trust trading as Tuffstuff Australia ABN 92 933 093 703.
PPSA means the Personal Property Securities Act 2009 (Cth).
Purchase Price means the list price for the goods as charged by the Company at the date of delivery or such other price as may be agreed by the Company and the Customer prior to delivery of the Goods.
2. Order for Goods
- An order given to the Company is binding on the Company and the Customer, if:
- a written acceptance is signed for or on behalf of the Company; or
- the Goods are supplied by the Company in accordance with the order.
- An acceptance of the order by the Company is then to be an acceptance of these Terms by the Company and the Customer and these Terms will override any conditions contained in the Customer’s order. The Company reserves the right to accept a part only of any order by notifying the Customer in writing or by delivering the Goods to the Customer. No order is binding on the Company until accepted by it.
- An order which has been accepted in whole or in part by the Company cannot be cancelled by the Customer without obtaining the prior written approval of the Company, which it may refuse in its absolute discretion.
- The times quoted for delivery are estimates only and the Company accepts no liability for failure or delay in delivery of Goods. The Customer is not relieved of any obligation to accept or pay for Goods by reason of any delay in delivery. Goods may be delivered by instalments at the discretion of the
- Risk in accepting the Goods passes on delivery to the Customer.
- Return of Goods will not be accepted by the Company except by prior agreement in writing with the Any Goods returned will be subject to a restocking charge of 10% of the Purchase Price of those Goods.
4. Price and Payment
- The Customer must pay the Purchase Price and the Additional Charges to the Company.
- All Additional Charges are payable by the Customer in addition to the Purchase Price of the Goods.
- If the Customer is in default, the Company may at its option withhold further deliveries or cancel a contract without prejudice to any of its existing rights.
- All payments are due within 30 days of the date of invoice. Interest is charged at the rate of 2% per month or part of a month from the expiry of that period until the date payment is received by the
- All amounts payable by the Customer under these Terms must be paid without set-off or counter claim of any kind.
5. Retention of Title
- Ownership, title and property of the Goods remains with the Company until payment in full for the Goods and all sums due and owing by the Customer to the Company on any account has been made. Until the date of payment:
- the Customer has the right to sell the Goods in the ordinary course of business;
- until the Goods have been sold by the Customer in the ordinary course of the Customer’s business, the Customer holds the Goods as bailee for the Company;
- the Goods are always at the risk of the Customer.
- The Customer is deemed to be in default immediately upon the happening of any of the following events:
- if any payment to the Company is not made promptly before the due date for payment;
- if the Customer ceases to carry on business or stops or suspends payment or states its intention of so doing or is unable to pay its debts as they fall due or if any cheque or bill of exchange drawn by the Customer payable to the Company is dishonoured;
- In the event of a default by the Customer, then without prejudice to any other rights which the Company may have at law or under this agreement::
- the Company or its agents may without notice to the Customer enter the Customer’s premises or any premises under the control of the Customer for the purposes of recovering the Goods.
- the Company may recover and resell the Goods;
- if the Goods cannot be distinguished from similar Goods which the Customer has or claims to have paid for in full, the Company may in its absolute discretion seize all goods matching the description of the Goods and hold same for a reasonable period so that the respective claims of the Company and the Customer may be ascertained. The Company must promptly return to the Customer any goods the property of the Customer and the Company is in no way liable or responsible for any loss or damage to the Goods or for any loss, damage or destruction to the Customer’s business howsoever arising from the seizure of the Goods.
- In the event that the Customer uses the Goods in some manufacturing or construction process of its own or some third party, then the Customer must hold such part of the proceeds of sale of such manufacturing or construction process as relates to the Goods in trust for the Company. Such part will be an amount equal in dollar terms to the amount owing by the Customer to the Company at the time of the receipt of such proceeds. The Customer will pay the Company such funds held in trust upon the demand of the Company.
6. Return of Goods
- This clause applies where the Company, at its sole and absolute discretion, accepts the return of Goods from the Customer.
- The Customer warrants that it shall examine Goods immediately after delivery.
- The Customer must obtain prior approval from The Company before any Goods can be returned. No Goods will be accepted for return without the relevant “Credit Request Number” issued from the Company.
- The Company will not be obliged to accept the Goods returned by the Customer or granting a credit for such Goods, unless:
- the returned Goods are accompanied by the Company’s “Credit Request Number”;
- the returned Goods are accompanied by the Company’s packing reference and original invoice or the original invoice number; and
- the Goods are returned in original packaging and condition in which they were delivered or collected.
- The return of Goods will be assessed and reviewed on a case by case basis.
- Any Goods returned will be subject to a restocking charge of 10% of the Purchase Price of those Goods.
- Notwithstanding any right of the Customer to return the Goods, to the extent permitted by law, the Company will not accept the return of the Goods in the following circumstances:
- where the Goods have been incorrectly ordered by the Customer;
- any Goods that cannot be returned for health and/or safety reasons;
- if the Goods have been damaged or a defective as a result of the Customer’s negligence in dealing with the Goods, or mishandling or misuse of the Goods;
- where the Customer has purchased the Goods from wholesaler, broker or other unauthorised supplier;
- where the Customer has purchased the Goods from a trustee, administrator, receiver or liquidator sale or auction.
- The Company liability is limited to, to the extent permissible by law and at the Company’s option;
- in relation to the Goods:
- the replacement of the products or the supply of equivalent products
- the repair of the products
- the payment of the cost of replacing the products or of acquiring equivalent products; or
- The payment of the cost of having the products repaired
- Where the Goods are services:
- the supply of service again; or
- the payment of the cost of having the services supplied again.
- Any claims to be made against the Company for short delivery of Goods must be lodged with the Company in writing within 7 days of the delivery date.
- To the extent permitted at law, all other warranties whether implied or otherwise, not set out in these Terms are excluded and the Company is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate Customer for:
- any increased costs or expenses;
- any loss of profit, revenue, business, contracts or anticipated savings;
- any loss or expense resulting from a claim by a third party; or
- any special, indirect or consequential loss or damage of any nature whatsoever caused by the Company’s failure to complete or delay in completing the order to deliver the Goods.
- Defined terms in this clause have the same meaning as given to them in the PPSA.
- The Company and the Customer acknowledge that these Terms constitute a Security Agreement and entitle the Company to claim a Purchase Money Security Interest (“PMSI”) in favour of the Company over the Collateral supplied or to be supplied to the Customer as Grantor pursuant to these Terms.
- The goods supplied or to be supplied under these Terms fall within the PPSA classification of ”Other Goods” acquired by the Customer pursuant to these Terms.
- The Company and the Customer acknowledge that the Company, as Secured Party, is entitled to register its Security Interest in the Collateral supplied or to be supplied to Customer pursuant to these Terms on the PPS Register.
- To the extent permissible at law, the Customer:
- waives its right to receive notification of or a copy of any Verification Statement confirming registration of a Financing Statement or a Financing Change Statement relating to a Security Interest granted by the Customer to the Company.
- agrees to indemnify the Company on demand for all costs and expenses, including legal costs and expenses on a solicitor / client basis, associated with the;
- registration or amendment or discharge of any Financing Statement registered by or on behalf of the Company; and
- enforcement or attempted enforcement of any Security Interest granted to the Company by the Customer;
- agrees that nothing in sections 130 and 143 of the PPSA will apply to these Terms or the Security under these Terms;
- agrees to waive its right to do any of the following under the PPSA:
- receive notice of removal of an Accession under section 95;
- receive notice of an intention to seize Collateral under section 123;
- object to the purchase of the Collateral by the Secured Party under section 129;
- receive notice of disposal of Collateral under section 130;
- receive a Statement of Account if there is no disposal under section 132(4);
- receive a Statement of Account under section 132(3)(d) following a disposal showing the amounts paid to other Secured Parties and whether Security Interests held by other Secured Parties have been discharged.
- receive notice of retention of Collateral under section 135;
- redeem the Collateral under section 142; and
- reinstate the Security Agreement under section 143.
- All payments received from the Customer must be applied in accordance with section 14(6)(c) of the PPSA.
- The Customer agrees that upon the on-sale of any Goods to third parties, it will:
- inform any third party involved of these Terms;
- inform any third party of the Company’s product warranties if any; and
- not make any misrepresentations to third parties about the Goods.
To the full extent permitted by law, Customer will indemnify the Company and keep the Company indemnified from and against any liability and any loss or damage the Company may sustain, as a result of any breach, act or omission, arising directly or indirectly from or in connection with any breach of any of these Terms by Customer or its representatives.
- These Terms are to be construed in accordance with the laws from time to time in the State of Victoria and the Commonwealth of Australia. The parties submit to the non-exclusive jurisdiction of the Courts of Victoria, Australia and any courts which may hear appeals from those courts in respect to any proceedings in connection with these Terms.
- These Terms contain all of the terms and conditions of the contract between the parties and may only be varied by agreement in writing between the parties.
- Any conditions found to be void, unenforceable or illegal may, to that extent be severed from the Agreement.
No waiver of any of these Terms or failure to exercise a right or remedy by the Company will be considered to imply or constitute a further waiver by the Company of the same or any other term, condition, right or remedy.