Terms and Conditions of Sale

1. Definitions

  • 1. ACL means the Australian Consumer Law (as contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth)).
  • 1.2. Claim means any action, claim, suit or demand of any nature whatsoever.
  • 1.3. Customer Information means any drawings, plans and other information (including choice of colour and panel length of Goods) which is provided by you for use in the supply of and/or incorporation into the Goods.
  • 1.4. Defect means in relation to physical Goods, a manufacturing error or defect in the Goods due to faulty materials or workmanship in manufacturing and Defective has a corresponding meaning, but excludes (to avoid doubt):
    • 1.4.1. trivial or insubstantial defects;
    • 1.4.2. damage caused during installation;
    • 1.4.3. damage caused after installation;
    • 1.4.4. damage caused by natural occurrences, or by any other act or circumstance beyond our reasonable control;
    • 1.4.5. damage caused by failure to follow our cleaning and maintenance recommendations;
    • 1.4.6. where we specify our Goods only for interior use, general fading, bleaching or discolouration or damage due to direct or indirect light; variations in colour, pattern and shade of material, as compared to symbols, display/s and/or printed illustrations; and
    • 1.4.7. variations found in natural timber including variations in grain, knots and colours; and
    • 1.4.8. defects disclosed as a feature or limitation of the Goods in any literature published by us.
  • 1.5. Goods mean any goods/services supplied by us to you as described in any invoice, Quote or any other forms provided by us to you.
  • 1.6. GST means goods and services tax payable pursuant to A New System (Goods and Services Tax) Act 1999 (Cth).
  • 1.7. Loss means any costs, losses, penalties, damages, liabilities and expenses and in relation to a Claim, includes amounts payable on a Claim (whether or not the Claim is successful) and legal costs and expenses on a solicitor and own client basis.
  • 1.8. PPSR means the Personal Property Securities Act (2009) (Cth).
  • 1.9. Quote means the quote issued by us in respect to the Goods.
  • 1.10. terms mean these terms and conditions of sale.
  • 1.11. we/us/our means New Age Architectural Pty Ltd trading as Screenwood ABN 86 115 003 471 and any successor referred to in clause 16
  • 1.12. you/your means the customer/purchaser of Goods from us.

2. Binding Terms

  • 2.1. Unless otherwise agreed in writing by us, these terms are incorporated into every order for the supply of Goods.
  • 2.2. Any provision of a particular order by you which is inconsistent with or additional to these terms is excluded from contracts between us and you.
  • 2.3. These terms may only be varied in writing signed by us and you.
  • 2.4. Any order received by us from you for the supply of Goods, constitutes your acceptance of these terms.
  • 2.5. You acknowledge that these terms together with our Quotes constitutes the whole agreement between you and us and all previous negotiations and agreements you and us will cease to have effect.

3. Quotes, estimations, Customer Information and Orders

  • 3.1. Requests for a Quote may be placed by telephone or by email.
  • 3.2. Quotes are valid for 30 days from the date of issue.
  • 3.3. All Quotes are based on the Customer Information you provide. You are responsible for providing us with accurate, complete and detailed Customer Information. Quotes are issued on the basis of timber lengths (and other raw materials) available from our suppliers, at the date of issue.
  • 3.4. If after we issue a Quote, you subsequently provide updated Customer Information in respect of the Quote, we reserve the right to cancel the Quote and issue an updated Quote based on availability and cost of raw materials.
  • 3.5. You acknowledge and agree that:
    • 3.5.1. we assume no responsibility for the adequacy of your Customer Information;
    • 3.5.2. we are not required to review or confirm the accuracy or completeness of your Customer Information;
    • 3.5.3. we are not liable for, and we disclaim all liability in connection with any errors or omissions in your Customer Information;
    • 3.5.4. estimations by us of quantities required, are based solely on your Customer Information;
    • 3.5.5. estimations are just that, and do not constitute representations of exact quantities required; and
    • 3.5.6. you are responsible for satisfying yourself that the final quantities, description, and choice of colour/materials of the Goods in the Quote are correct and that the Goods are suitable for your purposes before placing an order for the Goods.
  • 3.6. Orders must be placed in writing, either by signing the Quote or by making an order in writing which clearly identifies the Quote reference number. Quotes will only become binding on us upon receipt of an order from you.
  • 3.7. The supply of Goods is subject to availability. We reserve the right to accept or reject orders placed by you. Orders will be deemed accepted unless we communicate any non-acceptance within 1 week after receipt of your order.

4. Variations and Cancellation of Orders

  • 4.1. Once we have accepted an order by you for the Goods, you may only cancel that order on terms that indemnify us for all Claims and Loss which we may incur in connection with such cancellation.
  • 4.2. You may only request variations to an order in writing. Variations are not binding on us unless agreed to in writing by us. Variations may be agreed by us by issuing an updated replacement Quote for the Goods, the subject of your order.
  • 4.3. If a variation is requested:
    • 4.3.1. we will inform you of the cost of the variation which is payable in addition to any previously quoted price;
    • 4.3.2. we will not perform the requested variation until the price for the variation is accepted in writing by you; and
    • 4.3.3. the estimated completion date for the supply of the Goods will be extended by a period of time equivalent to the delay caused by the variation

5. Price

  • 5.1. The prices for the Goods are set out in the Quote.
  • 5.2. Our Quotes will also include:
    • 5.2.1. freight/delivery charges (if you ask us to arrange freight/delivery);
    • 5.2.2. any order processing or set-up fees, which are payable in addition.

6. GST

  • 6.1. Unless otherwise stated in writing, all prices and other consideration for any supply made under or in connection with these terms does not include GST.
  • 6.2. If a supply made under or in connection with these terms is a taxable supply upon which the supplier is required to pay GST, the recipient must pay to the supplier an additional amount equal to the amount of GST payable by the supplier in connection with that taxable supply.
  • 6.3. The additional amount is payable at the same time and in the same manner as the first part of consideration for the supply to which the additional amount relates. However, the additional amount need not be paid until the supplier provides a tax invoice to the recipient.
  • 6.4. If a party is entitled to be reimbursed or indemnified under or in connection with this agreement, the amount to be reimbursed or indemnified does not include any amount attributable to GST for which the party is entitled to an Input Tax Credit.

7. Payment Terms

  • 7.1. Unless otherwise agreed in writing, we will invoice you as follows:
    • 7.1.1. for the deposit specified in the Quote (and if there is no deposit specified, 33% of the total Quoted price) following acceptance of your order; and
    • 7.1.2. the balance payable upon completion of the manufacture of the Goods, and before delivery of the Goods.
  • 7.2. Our invoices are payable strictly within 7 days of the date of their issue.
  • 7.3. We will not place an order with our suppliers in respect of your order or commence manufacturing until receipt of the deposit for your order.
  • 7.4. Goods will not be delivered or made available for collection by you until the total Quoted price and any additional fees and charges as set out in clause 7.1.2, have been paid in full.
  • 7.5. In addition to the price for the Goods, we may charge you:
    • 7.5.1. interest on all overdue payments at the rate of 2% per month from the due date for payment until the date that payment is actually made (both dates inclusive); and
    • 7.5.2. if you fail to pay our invoice for the balance of the Quoted price strictly on time, a daily storage fee equivalent to the greater of 0.15% of the total Quoted price or $25.00 plus GST per day, for the storage (at your risk) of finished Goods from the due date for payment of our invoice for the balance of the Quoted price until the date the Goods actually leave the premises (both dates inclusive); and
    • 7.5.3. any additional costs incurred by us under clause 8.6.
  • 7.6. All payments to us must be made in cleared funds, without set-off or deduction.
  • 7.7. If you:
    • 7.7.1. default in any payment; or
    • 7.7.2. commit any act of bankruptcy; or
    • 7.7.3. appoint an administrator; or
    • 7.7.4. commit an act which entitles a third party to make an application to wind up you up; or
    • 7.7.5. have a liquidator, receiver or receiver and manager appointed to you or any of your assets; or
    • 7.7.6. pass a resolution to wind up or enter into any arrangement or compromise with any of your creditors,
  • 7.8 each an Event of Default, then:
    • 7.8.1. the date for payment of all moneys owing and outstanding to us, irrespective of whether the due date as per the invoice has passed, will accelerate and become immediately due and payable;
    • 7.8.2. we may invoice you for the value of any Goods supplied and other out of pocket expenses incurred, but not yet invoiced, which amounts will be immediately due and payable upon issue of the invoice;
    • 7.8.3. we may cancel or suspend any unfilled orders, suspend the supply of further goods and cancel any rebate, discount or allowance due or payable by you as at the date of the Event of Default.
  • 7.9. You must also pay to and indemnify us against all Claims and Loss suffered or incurred by us in connection with:
    • 7.9.1. a default by you under these terms;
    • 7.9.2. the recovery of any monies due and payable but unpaid by you; and
    • 7.9.3. the exercise or attempted exercise by us of any power conferred to us by these terms.
    • 7.9.4. In addition to any other rights or remedies we may have under these terms, if you fail to pay the balance of the Quoted price within 3 months after the date of issue of our final invoice, that will constitute your repudiation of the contracts/ for the supply of Goods to you and we may elect, by written notice to you, to terminate the contract, in which case you forfeit your deposit and remain liable for all outstanding monies owing and payable to us under these terms and we may deal with the Goods as we see fit, including destroying them.

8. Delivery

  • 8.1. Delivery of the Goods to you occurs when:
    • 8.1.1. the Goods are delivered by us to your nominated delivery address, regardless of whether you accept delivery; or
    • 8.1.2. we notify you in writing that the finished Goods can be collected from our premises.
  • 8.2. Any time which we provide for delivery is an estimate only.
  • 8.3. You are responsible for:
    • 8.3.1. unloading of Goods at your nominated delivery address; and
    • 8.3.2. insuring the Goods during transit.
  • 8.4. Under no circumstances will we be liable for any damage caused to the Goods during transit and you release us from all Claims and Loss suffered or incurred by you in connection with such damage.
  • 8.5. If your nominated delivery address is unattended, or if delivery cannot otherwise be safely effected, then we may, in our discretion:
    • 8.5.1. store the Goods at your risk and charge the storage fee set out in clause 7.5.2; and/or
    • 8.5.2. attempt to re-deliver the Goods to your nominated address. We reserve the right to charge you a re-delivery fee.
  • 8.6. We reserve the right to select or vary the method and route of transportation and handling of the Goods. If you request a different method or route, you are liable for all additional costs incurred by us.
  • 8.7. If we are unable to supply your total order for Goods, we may deliver the order in instalments, and you must pay an amount for each instalment as notified by us.

9. Your acknowledgements

  • 9.1. You acknowledge and agree that:
    • 9.1.1. our Goods are custom made;
    • 9.1.2. the shapes, types and colours of our Goods change periodically and therefore replacement Goods in the same shape, type or colour as originally purchased, may not be available from us or may not be identical to the Goods originally supplied due to the natural aging of coatings and finishes overtime of the original Goods supplied;
    • 9.1.3. where our Goods comprise panels:
      • full panels only will be supplied, unless otherwise agreed in writing; and
      • any trimming of panels to suit, will need to be done on site by others;

10. Inspection, acceptance of Goods, return of Goods

  • 10.1. You must inspect the Goods immediately upon delivery for any Defects or obvious damage suffered during delivery and to confirm that the Goods supplied are not, subject to clause 9, different from the Goods ordered.
  • 10.2. Subject to applicable laws, any Claim by you that the Goods supplied are damaged, or in breach of the warranty in clause 12.3, or are different from the Goods ordered must be given in a writing to us within 48 hours delivery. The notice must give sufficient details of the Claim, attach a copy of our invoice/s and include photographic evidence. If you fail to give such a notice, you will be taken to have accepted the Goods in good order and condition, and subject to applicable laws, you will not be entitled to make any Claim against us.
  • 10.3. If we are satisfied (acting reasonably) that the Goods are damaged or are different from the Goods ordered, you will arrange for the return of the Goods. You must return the incorrectly supplied or damaged Goods in accordance with our instructions.
  • 10.4. We will not consider any Claim and disclaim all liability:
    • 10.4.1. for any damage occurring to Goods that is notified to us in writing more than 48 hours after delivery;
    • 10.4.2. for any modifications, alterations or changes made to Goods by you or any third party after delivery;
    • 10.4.3. if the Goods have been installed or used after delivery.

11. Risk

  • 11.1. The risk of loss or damage to the Goods shall pass to you on the earlier of:
    • 11.1.1. delivery of the Goods under clause 8.1; and
    • 11.1.2. if you fail to pay our invoice for the balance of the Quoted price strictly on time, the due date for payment of that invoice.

12. Warranty and Limitation of Liability

  • 12.1. Nothing in these terms is intended to limit or replace any obligations which cannot be lawfully excluded (Non-Excludable Terms).
  • 12.2. If you are taken to acquire Goods to which these terms apply, as a consumer for the purposes of the ACL, then our goods come with guarantees that cannot be excluded under the ACL (consumer guarantees).
  • 12.3. If you are not taken to acquire goods as a consumer for the purposes of the ACL, we warrant that our Goods supplied will be of merchantable quality and free from Defects.
  • 12.4. If we have issued you with a product warranty in respect of the Goods, that product warranty will apply to those Goods instead of the warranty in clause 12.3.
  • 12.5. Your claim for a breach of the warranty in clause 12.3 is conditional upon:
    • 12.5.1. you strictly following the inspection and return of goods policy set out in clause 10;
    • 12.5.2. the Goods having been properly handled and installed by you;
    • 12.5.3. such Defects or breach of warranty are not caused or contributed to by any of your acts or omissions.
  • 12.6. To the extent permitted by law:
    • 12.6.1. if we are liable for breach of any Non-Excludable Term or for breach of the warranty in clause 12.3, then our liability is limited to one or more of the following at our discretion:
      • in the case of goods – the replacement of the goods or the supply of equivalent goods; or the repair of the goods; or the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired;
      • in the case of services – the supply of the services again; or the payment of the cost of having the services supplied again.
    • 12.6.2. all representations, warranties and conditions of any kind, implied by statute, general law or custom relating to the Goods are excluded; and
    • 12.6.3. we and you exclude all liability for loss of profits, loss of revenue, loss of business, loss of production, loss of opportunity or goodwill, business interruption and any indirect or consequential Loss.
  • 12.7. The limitations and exclusion of liability under clause 12.6 do not apply in respect of
    • 12.7.1. death or personal injury; or
    • 12.7.2. damage to third party tangible property; to the extent caused or contributed to by us and then only to such extent that we are not otherwise released from liability under these terms.

13. Security of Payment Legislation

  • 13.1. In this clause, Security of Payment Legislation or SOPL means, as the context requires, and if our Goods are supplied in:
    • 13.1.1. NSW, then Building and Construction Industry Security of Payment Act 1999 (NSW);
    • 13.1.2. ACT, then Building and Construction Industry (Security of Payments) Act 2009 (ACT);
    • 13.1.3. NT, then Construction Contracts (Security of Payments) Act 2004 (NT);
    • 13.1.4. QLD, then Building and Construction Industry Payments Act 2004 (QLD);
    • 13.1.5. SA, then Building and Construction Industry Security of Payment Act 2009 (SA);
    • 13.1.6. TAS, then Building and Construction Industry Security of Payment Act 2009 (TAS);
    • 13.1.7. VIC, then Building and Construction Industry Security of Payment Act 2002 (VIC); and
    • 13.1.8. WA, then Building and Construction Industry (Security of Payment) Act 2021 (WA)
  • 13.2. Where the supply of Goods amounts to or are provided in relation to construction work within the meaning of the SOPL, then:
    • 13.2.1. these terms will constitute a construction contract within the meaning of the SOPL; and
    • 13.2.2. all invoices and all claims for payment issued under these terms are made and are treated as being a payment claim under the SOPL.
  • 13.3. Where there is an inconsistency between these terms and the SOPL, then the SOPL will prevail to the extent of such inconsistency.
  • 13.4. In our sole discretion, if there are any disputes or Claims for unpaid Goods, then the provisions of the SOPL may apply.
  • 13.5. Nothing in these terms is intended to have the effect of contracting out of any applicable provisions of the SOPL to the extent that they apply, except as permitted by the relevant SOPL where applicable.

14. Technical Materials

  • 14.1. All advices, recommendations, information, assistance or services (Advice) provided by us, is given in good faith and is believed to be appropriate, accurate and reliable. However, you acknowledge that in purchasing the Goods, you have not relied upon the Advice as provided by us or its agents.
  • 14.2. You acknowledge and agree that:
    • 14.2.1. all technical information supplied by us in relation to the Goods is approximate only unless we specify in writing otherwise; and
    • 14.2.2. you are satisfied from your own enquiries that the specifications of the Goods are correct and appropriate for the purpose for which you require them.

15. General

  • 15.1. Unless stated in writing, any failure or delay by us in exercising any right, power or privilege available to us will not operate as a waiver or variation of such right, power or privilege, nor will the exercise of any other right, power or privilege by us prevent us from exercising any other rights, powers or privileges available to us.
  • 15.2. If any part of these terms is held to be void or unlawful, these terms will be read and enforced as if the void or unlawful provisions have been deleted.
  • 15.3. Nothing in these terms is intended to create an agency, partnership or joint venture relationship between you and us. Neither we nor you have any authority to bind the other to any obligation to any third party unless otherwise agreed in writing.
  • 15.4. If a party is prevented from or delayed in complying with an obligation (other than to pay money) by an event beyond its reasonable control, performance by it of that obligation is suspended during the time but only to the extent that compliance is prevented or delayed.
  • 15.5. A reference to any legislation includes all amendments, consolidations, replacements and legislation applying to the same or similar subject matter and all regulations or instruments issued under it.
  • 15.6. These terms are governed by and construed in accordance with the laws of NSW and the parties submit to the non-exclusive jurisdiction of the courts of NSW.
  • 15.7. Any notice to be given by a party to the other party must be in writing.
  • 15.8. These terms constitute the entire agreement or contract between you and us for the supply of Goods in addition to any written agreement between you and us signed by an authorised representative of each party.

16. Novation

  • 16.1. In the event of the sale of our business (or any part of it) by us or by any successor in title (Owner), to a third party (Purchaser), you consent to the novation of these terms from the Owner to the Purchaser, effective on and from 7 days after receipt of written notice from the Owner to you, and you agree that on and from 7 days after receipt of written notice from the Owner to you:
    • 16.1.1. the Purchaser will assume all rights and obligations of the Owner under these terms; and
    • 16.1.2. the Owner is released from all rights and obligations under terms; and
    • 16.1.3. every order for the supply of Goods placed by you and each new contract for the supply of Goods to you, will be novated on the same terms and conditions as in force with the Owner, as set out herein.
Acknowledgement of Country

In the spirit of reconciliation, we acknowledge the Traditional Custodians of Country throughout Australia and their connections to land, sea and community. We pay our respect to their Elders past and present and extend that respect to all Aboriginal and Torres Strait Islander peoples today.

Screenwood for all

Our products are for everyone, and so is our workplace. We believe in constantly building a diverse and inclusive culture for a more equitable world.