These Terms and Conditions apply to all sales of goods by Profile Panels Ltd (“Profile Panels”, “we”, “our”, or “us”)to the Customer (“you” or “Customer”).
By placing an order with Profile Panels Ltd, the Customer agrees to be bound by these Terms and Conditions.
Any additional or inconsistent terms proposed by the Customer are expressly rejected unless agreed to by Profile Panels Ltd in writing.
No employee, representative, or agent of Profile Panels Ltd has authority to alter these Terms unless confirmed in writing.
Acceptance of delivery of goods constitutes acceptance of these Terms.
1. Orders and Contract Formation
1.1 Any order placed by the Customer constitutes an offer to purchase goods on these Terms.
1.2 An order is accepted only when Profile Panels Ltd confirms acceptance, which may occur by written confirmation, invoice issuance, or delivery of goods.
1.3 Profile Panels Ltd reserves the right to refuse any order at its sole discretion.
1.4 Once accepted, the order forms a binding contract between Profile Panels Ltd and the Customer.
2. Pricing
2.1 All prices listed on the Profile Panels Ltd website are inclusive of GST, unless otherwise stated.
2.2 All quotations issued by Profile Panels Ltd are valid for 30 days from the date of issue, unless otherwise stated in writing.
2.3 Prices are subject to change without notice. Orders will be charged at the price applicable at the time the order is accepted.
2.4 Delivery charges are additional unless otherwise agreed.
2.5 Profile Panels Ltd reserves the right to adjust prices where increases occur due to freight costs, supplier pricing, customs duties, taxes, currency fluctuations, government charges, or errors or omissions in quotations.
3. Payment Terms
3.1 Unless otherwise agreed in writing, payment is due by the 20th of the month following the invoice date or within 30 days of invoice, whichever occurs first, with a maximum payment term of 30 days.
3.2 Profile Panels Ltd reserves the right to suspend supply of goods if payment terms are not adhered to.
3.3 Interest may be charged on overdue accounts at 2.5% per month above the prevailing bank lending rate.
3.4 The Customer agrees to pay all costs incurred by Profile Panels Ltd in recovering overdue debts including debt collection fees, legal costs, and associated recovery expenses.
3.5 Any payment dishonoured or reversed will incur all associated bank fees and recovery costs.
4. Trade Credit Accounts
4.1 Trade pricing may be made available to approved trade customers.
4.2 Customers wishing to apply for a credit account with monthly payment terms must first meet a minimum order value of $2,000 (including GST).
4.3 This amount may consist of multiple orders, however all orders contributing toward this minimum must be paid in full prior to dispatch.
4.4 Once the minimum requirement has been satisfied, Profile Panels Ltd may, at its sole discretion, approve a trade credit account.
4.5 Approval of credit accounts is not guaranteed and remains at the sole discretion of Profile Panels Ltd.
4.6 Profile Panels Ltd reserves the right to suspend or withdraw credit terms if payment obligations are not met.
5. Delivery
5.1 Delivery will be made to the address specified by the Customer.
5.2 Profile Panels Ltd may select the delivery method and carrier.
5.3 Delivery dates are estimates only and are not guaranteed.
5.4 Profile Panels Ltd shall not be liable for delays caused by events outside its control including freight delays or supply chain disruptions.
5.5 The Customer must notify Profile Panels Ltd within 14 days of the invoice date if proof of delivery is required.
6. Risk and Ownership
6.1 Risk in the goods passes to the Customer upon delivery.
6.2 Ownership of goods supplied remains with Profile Panels Ltd until all amounts owing by the Customer to Profile Panels Ltd have been paid in full.
7. Personal Property Securities Act (PPSA)
7.1 The Customer grants Profile Panels Ltd a security interest in all goods supplied and their proceeds as security for payment.
7.2 The Customer agrees to provide all assistance necessary for Profile Panels Ltd to register and maintain a financing statement under the Personal Property Securities Act 1999.
7.3 The Customer waives the right to receive a verification statement under section 148 of the PPSA.
7.4 The Customer must notify Profile Panels Ltd at least 7 days prior to any change of name, ownership, or business structure.
7.5 Until full payment is made the Customer must ensure goods supplied remain identifiable.
8. Returns
8.1 Goods will not be accepted for return without prior approval from Profile Panels Ltd and a return authorisation number.
8.2 Returns will only be accepted within 14 days of delivery, unless due to an error by Profile Panels Ltd.
8.3 Returned goods must be unused and in original condition.
8.4 Profile Panels Ltd reserves the right to charge a restocking fee for approved returns.
8.5 Goods returned without approval may be returned to the Customer at the Customer’s expense.
9. Defective Goods
9.1 Any claim for defective or damaged goods must be made within 7 days of delivery.
9.2 Profile Panels Ltd may at its discretion repair, replace, or credit the purchase price of defective goods.
10. Consumer Guarantees Act
10.1 Where goods are acquired for business purposes, the Customer agrees that the Consumer Guarantees Act 1993 does not apply.
10.2 If goods are supplied to another party for business purposes, the Customer must ensure the Consumer Guarantees Act is contracted out of.
11. Intellectual Property
11.1 All designs, drawings, catalogues, pricing, website content, and related materials remain the intellectual property of Profile Panels Ltd.
11.2 These materials must not be copied, reproduced, or distributed without written consent.
11.3 Where goods are manufactured to Customer specifications, the Customer indemnifies Profile Panels Ltd against any intellectual property infringement.
12. Customer Default
If the Customer:
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fails to make payment
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breaches these Terms
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becomes insolvent
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enters liquidation
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appoints a receiver
Profile Panels Ltd may immediately:
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suspend supply
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cancel outstanding orders
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repossess goods supplied
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recover any outstanding debt.
13. Limitation of Liability
To the fullest extent permitted by law, Profile Panels Ltd shall not be liable for any indirect or consequential loss including loss of profit, project delays, or third-party claims arising from the supply of goods.
The Customer is responsible for ensuring goods supplied meet all regulatory, installation, and compliance requirements.
14. Privacy
The Customer authorises Profile Panels Ltd to collect and use information for:
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credit assessment
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debt recovery
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credit references
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marketing of products and services.
Information is handled in accordance with the Privacy Act 2020.
15. Natural Material and Colour Variations
15.1 Many products supplied by Profile Panels Ltd are manufactured using natural materials, including timber veneers, solid timber, plywood, MDF, concrete-based materials, and other architectural finishes.
15.2 Variations in colour, grain, tone, texture, and pattern are natural characteristics and are not considered defects.
15.3 Samples, showroom displays, website images, and marketing materials are provided as representations only and final products may vary.
15.4 Minor colour variation between production batches may occur.
16. Installation Responsibility
16.1 The Customer and/or installer must inspect all goods prior to cutting, finishing, or installation.
16.2 Any visible defects or discrepancies must be reported before installation.
16.3 Once goods have been cut, installed, finished, or modified, they are deemed accepted by the Customer.
16.4 Profile Panels Ltd will not accept claims for defects, damage, or colour variation after installation has commenced.
16.5 It is the installer’s responsibility to ensure products are suitable for the intended application and installed correctly.
17. Custom, Cut, and Special Order Products
17.1 Products that are custom manufactured, cut to size, made to order, or specially ordered for the Customer are non-returnable and non-refundable unless deemed defective by Profile Panels Ltd.
17.2 This clause specifically includes, but is not limited to, all products within the Profile Panels “Solid Series” range, which are manufactured to order.
17.3 Profile Panels Ltd may require full or partial payment prior to production or supply of custom or special order products.
17.4 Cancellation of custom or special order products may incur charges for materials, labour, and production costs already incurred.
17.5 Once production of a custom product or any product within the Solid Series range has commenced, the order cannot be cancelled, modified, or refunded.
