Panelhome Industries Pty Ltd – Sale of Goods Terms & Conditions
These Terms & Conditions apply to all sales of goods by Panelhome Industries Pty Ltd (ABN 70 685 270 259) ("Panelhome", "we", "our", "us"). By placing an order, signing a proposal/contract, making any stage payment, or accepting delivery/collection, you ("the Customer", "you", "your") agree to these Terms.
1. Supply of Goods and Documentation
1.1 Panelhome supplies engineered panel system components and associated materials ("Goods") in accordance with the quotation/proposal and the final signed bill of materials ("BOM"), where applicable.
1.2 Where stated in the quotation/proposal, Panelhome may also provide or arrange documentation relating to the Goods, such as panel drawings, engineering documentation/certification for the panel package, energy documentation, and/or a drafting package ("Documentation").
1.3 Panelhome does not provide on-site installation or building works and is not responsible for the Customer’s overall building design, approvals, permits, inspections, or compliance with building codes and standards. The Customer is responsible for engaging appropriately licensed professionals and ensuring installation is carried out in accordance with the approved Documentation (if any) and all applicable laws, codes and standards.
1.4 The Customer must not rely on the Documentation for matters outside the scope stated in the quotation/proposal (for example: site works, foundations/slabs, services, or approvals) unless expressly stated in writing.
2. Orders, Acceptance and Variations
2.1 Quotations are valid for 30 days unless otherwise stated.
2.2 An order is binding only once accepted by Panelhome in writing, or when the Customer signs the proposal/contract or pays the first stage payment (whichever occurs first).
2.3 The Customer must provide complete and accurate information required to prepare the quotation/proposal, Documentation and BOM. Panelhome may rely on information provided by the Customer or the Customer’s representatives.
2.4 Any material change to drawings, panel layout, quantities or specifications during or after Stage 1 (or equivalent documentation stage) will constitute a variation and may result in revised pricing and lead times. Variations must be agreed in writing before manufacture proceeds.
3. Payment Terms and Title
3.1 Payment must be made strictly in accordance with the payment schedule in the accepted proposal/contract.
3.2 Payments are to be made in cleared funds to the nominated bank account. Panelhome may suspend Documentation, manufacture, dispatch and/or delivery if any payment is overdue.
3.3 Stage 1 payments. Where the accepted proposal/contract includes a documentation and planning stage (Stage 1 or equivalent), the Stage 1 amount is payable prior to commencement of that stage and is non-refundable once Stage 1 work has commenced (except to the extent required by law).
3.4 Title to the Goods does not pass until full payment is received.
4. Manufacture, Delivery, Risk and Insurance
4.1 Manufacture of engineered panels will commence upon receipt of the applicable manufacture-stage payment (for example Stage 2), and once the final panel drawings, engineering documentation and signed BOM (where applicable) have been approved.
4.2 Delivery/collection arrangements are as stated in the accepted proposal/contract. The Customer must ensure safe site access and provide any equipment and labour required for unloading unless otherwise agreed in writing.
4.3 Risk in the Goods passes to the Customer upon collection by the Customer (or the Customer’s carrier), or if Panelhome arranges delivery, upon delivery to the nominated site address (or other agreed delivery point). Title remains with Panelhome until full payment is received.
4.4 The Customer (or authorised representative) must inspect the Goods at collection/delivery and notify Panelhome of any visible damage, missing items or short supply within 48 hours (or as otherwise agreed in writing). To the extent permitted by law, failure to notify within this time will be treated as acceptance of the Goods.
4.5 If delivery cannot be completed due to site conditions, access restrictions, absence of an authorised receiver, or other reasons outside Panelhome’s control, Panelhome may arrange redelivery or storage at the Customer’s cost.
4.6 Customers are strongly advised to obtain appropriate insurance for the Goods, including during transport and after delivery/collection.
5. Warranties
5.1 Any product warranties provided for the Goods are those offered by the manufacturer (if any). Panelhome may assist you to lodge a warranty claim but does not provide independent warranties beyond those required by law.
5.2 Warranty coverage (where applicable) may be conditional on correct handling, storage and installation by suitably qualified trades and compliance with the manufacturer’s and Panelhome’s specifications and guidance.
5.3 Panelhome is not responsible for defects or failures caused by incorrect installation, non-compliant works, site conditions, or use of the Goods contrary to specifications.
6. Consumer Guarantees
6.1 Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law.
6.2 You are entitled to a replacement or refund for a major failure, and compensation for any other reasonably foreseeable loss or damage.
6.3 You are entitled to have Goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.
7. Limitations of Liability
7.1 To the maximum extent permitted by law, Panelhome’s liability is limited to (at our election) resupplying the Goods, repairing the Goods, or refunding the purchase price paid for the Goods the subject of the claim.
7.2 Panelhome is not liable for: (a) installation, construction, performance, or compliance of the Goods once installed; (b) permits, approvals, inspections or certifications; (c) delay impacts outside our reasonable control; or (d) indirect or consequential loss.
8. Indemnity
You agree to indemnify and hold harmless Panelhome from claims, losses, damages, costs and liabilities arising from installation, construction or use of the Goods, failure to obtain necessary approvals or permits, or acts or omissions of builders, contractors or carriers (except to the extent caused by Panelhome’s breach of these Terms or required by law).
9. Returns and Cancellations
9.1 Returns are accepted only where required by the Australian Consumer Law or agreed in writing.
9.2 Goods that are custom manufactured, cut to order, or made to a signed BOM cannot be returned or cancelled once manufacture has commenced unless defective (or as required by law).
9.3 If the Customer cancels an order after acceptance, the Customer must pay for work completed and costs incurred up to the date of cancellation, including Documentation already prepared and any committed manufacturing, procurement, storage or freight charges.
10. Force Majeure
Panelhome is not liable for delays or failure to supply caused by events beyond our reasonable control (including supply chain disruptions, transport delays, industrial disputes, or natural disasters).
11. Dispute Resolution
11.1 The parties must first attempt in good faith to resolve any dispute by negotiation.
11.2 If unresolved within 14 days, either party may refer the matter to mediation in Victoria (or by online mediation if agreed) before commencing legal proceedings, except where urgent injunctive relief is sought.
12. Governing Law
These Terms are governed by the laws of Victoria, Australia. The parties submit to the jurisdiction of the Victorian courts.