Terms & Conditions

Terms & Conditions of Sale – ESE Metal Pty Ltd



In these Terms and Conditions of Sale: “Supplier” means ESE Metal Pty Ltd (ABN 21 060 740 507) of 21 Beresford Avenue, Greenacre, NSW. “Purchaser” means any persons, companies or entities who:- (i) Is the other party to a contract for manufacture, sale or supply of goods; (ii) Is named in or receives a quotation or sales invoice for the manufacture or sale of goods or the provision of services by the supplier; (iii) Purchases goods from the Supplier: or (iv) Requests the Supplier to provide designs/drawings or specifications or manufacturing proposals for the manufacture of a product.


(a) These Conditions of Sale apply in respect of all offers to sell, quotations made, contracts secured and other commercial transactions for the supply of goods and services by the Supplier. (b) These Conditions of Sale shall coexist with and be read in conjunction with any Special Conditions of Sale except where the latter specifically vary or override these General Conditions or any of them. (c) Except as otherwise expressly agreed upon in writing between the parties, the terms and conditions contained herein shall apply notwithstanding any provisions to the contrary which may appear on the order form or other documents issued by the Purchaser. (d) The Purchaser acknowledges and agrees to these conditions of sale upon making a product inquiry and upon placement of an order for supply and upon acceptance of the credit granted for payment purposes and upon acceptance of the goods supplied and also upon receipt of the invoice. Each stage is a specific separate acceptance by the Purchaser of the Suppliers Conditions of Sale. (e) The Supplier reserves the right to formally change its Conditions of Sale from time to time.

(a) Unless previously withdrawn a quotation is valid for thirty (30) days (excluding materials) or such other period as is stated therein and is subject to withdrawal or change at any time until the purchaser’s order has been received and accepted by the Supplier. (b) The Supplier shall not be bound by any conditions attached to the Purchaser’s order or acceptance of the quotation, unless the Supplier in writing accepts such conditions. If the Purchaser accepts the quotation by delivery of an order form or document, which stipulates or purports to impose conditions, such conditions shall not be applicable to the contract resulting from the quotation without such written acceptance.

(a) Terms will be Net Cash/Cheque/Direct Debit /EFTPOS or other accepted payment types within the period stated on the invoice to the Purchaser. (b) Any price list published by the Supplier may be changed or altered by the Supplier at any time without notice to the Purchaser and thereafter the Supplier shall not be bound by the price list so altered. A price list published by the Supplier does not amount to an offer to sell the goods therein mentioned.

Unless otherwise stated all specifications, drawings and particulars of weights, dimensions and performance characteristics submitted are approximate only. Descriptions and illustrations contained in catalogues, price lists and other written material are intended merely to present a general idea of the goods described therein and none of these shall form part of the contract.

(a) Any delivery dates and / or times quoted are given in good faith but unless otherwise stated the Supplier will not be held responsible for any delay arising from causes beyond its reasonable control. The Purchaser’s receipt of goods shall constitute a waiver of any claim for delay. (b) The Supplier shall have no liability whatsoever for any direct, indirect or consequential damage or loss arising from non-delivery or any delays in delivery including off loading or misdirection in transit or when the goods are carried in the suppliers own vehicles or in Contractors vehicles retained to deliver such goods.

Both the Supplier and the Purchaser acknowledge that to satisfy a contract in whole or part the supplier may manufacture the goods or may purchase them outright or may order their manufacture or may purchase the rights of a third party for the supply of goods of similar description.

(a) The Purchaser shall immediately notify the Supplier upon discovery of any defect in the goods manufactured or in materials supplied by the Purchaser to the Supplier for purposes of work. The Purchaser shall not carry out any remedial work to alleged defective goods without first obtaining the consent of the Supplier so to do. (b) The only conditions and warranties which are binding on the Supplier in respect of the state, quality or condition of the goods supplied by it to the purchaser are those imposed by the Trade Practices Act and the Fair Trading Act. (c) Breach of such conditions or warranties shall at the Supplier’s option be limited to and completely discharged by:- (i) Any remedy provided by such statute, or (ii) The replacement of the goods or re-supply of same by the Supplier, or (iii) The repair of the goods, or (iv) The payment of the cost of replacement of the goods, or (v) The payment of the cost or repair of the goods and otherwise all other conditions and warranties whether express or implied by Law in respect of the state, quality or condition of the said goods which may apart from this clause be binding upon the Supplier are hereby expressly excluded and negated. (d) The Purchaser expressly acknowledges and agrees that the Supplier is not liable for any advice given by its agents or employees in relation to the suitability for any purpose of goods or materials supplied by the Supplier and all such advice relied upon is at the Purchaser’s risk.

(a) The Purchaser shall be deemed to have accepted the goods to be of the description, quality and quantity ordered unless particulars of any claim are notified to the Supplier in writing within 7 days after arrival of goods at the place of delivery, except claims for non delivery which must be made in writing within 14 days from the date of invoice. (b) The Supplier will not accept return of goods unless such return is authorised by the Supplier and the goods have appropriate documentation stating reasons for the claim referring to the Invoice Number and date. A Re-stocking fee of 15% may be charged to the Purchaser where applicable. (c) Non-standard products or Products specially purchased, manufactured, machined or cut to size or to Purchaser’s specifications, are not returnable. (d) Where the Purchaser returns goods of his own volition, the Supplier will not accept freight charges unless authorised by them.

(a) Except as provided by the proceeding clauses, the supplier shall not be under any liability, whether in contract or otherwise in respect of defects in goods delivered or for any injury, damage or loss resulting from such a defect or from any work done in connection there with except to the extent that any statute applicable to these conditions prevents the exclusion, restriction or modification of such condition or warranties. (b) Not withstanding any other provisions of the contract the Supplier shall not be liable to the Purchaser for any loss of profit or of contract howsoever arising nor shall the Supplier be under any liability whether in contract or otherwise nor for any injury, damage or loss whether consequential or otherwise save as is expressly provided in these conditions.

All Taxes, Government charges and GST applicable to any sales transaction(s) will be charged and invoiced to the Purchaser, on the basis of those applicable at the time of the sales transaction.

(a) Risk in the goods passes to the Purchaser immediately upon delivery. The point of delivery is as shown in the body of any quotation, invoice or delivery docket and if not shown therein shall, subject to any other agreement between the Purchaser and the Supplier. (b) Unless the Supplier shall otherwise specify in writing all goods sold by the Supplier to the Purchaser shall be and remain the property of the Supplier until the Purchaser has paid all that is owing to the Supplier. (c) Should the Purchaser default in payment the Supplier may enter the Purchaser’s premises and retake possession of and permanently retain any goods for which full payment has not been received by the Supplier and revoke all liability of the Purchaser on the contract of sale and delivery of such goods. (d) Property in the goods, whether or not joined with other goods or into an end product in any manner, shall not pass until the Supplier has received full payment from the Purchaser for all monies due.

The Purchaser irrevocably grants to the Supplier its agents and servants an unrestricted right and license without notice, to enter premises occupied by the Purchaser, to identify and remove any goods which are the property of the Supplier. In terms of these conditions as aforesaid without in any way being liable to the Purchaser or any person claiming through the Purchaser, the Supplier shall have the right to sell or dispose of any of such goods so removed or otherwise in its sole discretion and shall not be responsible for any loss occasioned thereby.

Without prejudice to any other rights the Supplier may have, the Purchaser shall pay the Supplier for all costs and expenses incurred and commitments made in connection with the performance of the order or the provision of designs/drawings or specifications or proposals plus a reasonable profit thereon, where: (a) A Purchaser requests the Supplier to provide designs or specifications or manufacturing proposals for the manufacture of a product, or (b) Any order resulting from a quotation is terminated for any just cause.

The Supplier may deliver any of the goods progressively and shall then be entitled to payment progressively for the items of goods delivered in such amounts, as the Supplier shall reasonably determine. If the Purchaser fails to make a progress payment within the Supplier’s normal trading terms, then the Supplier shall be entitled to withhold manufacture or delivery of the remainder of the goods without incurring liability for such delay.

(a) All drawings, illustrations, display material, specifications and other literature and materials for or relating to the goods and whether or not supplied by or on behalf of the Supplier to the Purchaser shall remain the exclusive property of the Supplier and shall not be transferred to any other party without the previous written consent of the Supplier. The Purchaser shall not use, reproduce or impart any information contained therein to any third party without the previous written consent of the Supplier. (b) Where the Supplier has followed a design, sample or instruction furnished or given by the Purchaser, the Purchaser shall indemnify the Supplier against all damages, penalties, costs and expenses to which it may become liable through any work required to be done in accordance with those instructions involving an infringement of a patent, trademark, registered design, copyright or common law right.

(a) All quotations and all payments made for goods must be in Australian currency. (b) Payment for any goods sold shall become immediately due upon default by the Purchaser in payment for any of the goods which the Supplier has sold to the Purchaser and the Supplier shall be entitled to suspend the supply of further goods to the Purchaser. (c) The Purchaser hereby gives the Supplier the authority to make inquiries from credit reporting agencies as to the credit and financial responsibility of the Purchaser and or its partners or Directors as required by the Supplier from time to time. Any director or shareholder (owning at least 15% of the shares) of the purchaser company shall be personally liable for the performance of the purchaser’s obligations under these terms and conditions.

The contract shall in all respects be construed to operate as an Australian contract and in conformity with State and or Federal laws applicable to contract. Any clause headings hereto shall not affect the construction hereof. If any of the provisions of the contract are unlawful or invalid under any applicable statute or rule of law, they are to that extent to be deemed omitted.

All reasonable care has been taken to provide correct and accurate information in all company catalogues, brochures, instruction manuals and advertising material. ESE Metal Pty Ltd (ABN 21 060 740 507) of 21 Beresford Avenue, Greenacre, NSW make no representation and give no warrant or guarantee that the company’s printed material contains no errors or omissions. ESE Metal Pty Ltd exclude all liability that could arise from omissions or unintended inclusion of incorrect information, statements and recommendations in all company written material to the extent permitted by law. ESE Metal Pty Ltd manufactures a broad range of products on a subcontract basis; and the use of these products for any purpose other than those for which they were designed is not recommended by ESE Metal Pty Ltd and such use is strictly at the risk and discretion of the user. All prices and specifications are subject to change without notice.

We respect your privacy and we are committed to the protection of personal information. We collect personal information to assist us in providing you with services as well as information on either products and/or services offered by us. We collect personal information about you in a number of ways including:

  • directly from you, such as when you apply for credit, place an order, enter your personal details on our websites (for example during registration or application for products and services), when you provide information by phone or in documents such as an application form;
  • from our related bodies corporate;
  • from your representatives;
  • from publicly available sources of information;
  • from credit-reporting and fraud-checking agencies and credit providers for credit related purposes such as credit worthiness, credit rating, credit provision and financing;
  • from our own records of your dealing with us; or
  • when legally required to do so.

In particular, we specifically seek information about you and your credit worthiness from credit reporting and fraud-checking agencies, and we provide information about you and your transactions with us (such as unpaid debts) to such agencies. When we collect personal information, we collect it in a way that is lawful, fair and un-intrusive. When reasonable and practicable, we collect personal information directly from you rather than a third party. Your details including your purchases will be added to our database, and will be used by us:

  • to identify you;
  • in providing services to you including but not limited to the processing of this Application for Credit and giving of credit to you and the administration and management of those services;
  • to provide you with information on either products and services offered by us;
  • in undertaking risk assessment and management; and
  • in gathering data and disclosing the data to third parties such as:
    • insurance brokers and insurers;
    • credit reporting agencies;
    • financial institutions including our own bankers;
    • service providers; and
    • industry groups having a legitimate reason to receive such information, as necessary from time to time for our organisation’s functions.

If you provide us with personally identifiable information, you may receive from time to time, telephone calls, emails or direct marketing containing promotional material. You agree to receiving e-mailings form us including information not only on the areas of interest you have indicated but all types of news and information on our other products. If you do not want to receive them, please contact us. You may be asked to indicate your preference to receiving promotional material, when submitting information to us. We may employ other companies or individuals to provide certain services such as analysing customer lists, providing marketing assistance or consulting services. These third parties may have access to information needed to perform their function but cannot use that information for other purposes. We do not provide any personal information provided by you to any third parties other than to our related bodies corporate or where required by law or as set out in this Privacy Statement. We will not sell, trade, or rent your personal information to others. We may provide aggregate statistics on our customers to third parties such as advertisers, but these statistics will include no personally identifying information. We co-operate with law enforcement agencies as required by law. All reasonable steps are taken to correct the information we hold where that information is not accurate, up-to-date and complete. All reasonable steps are taken to that all information is treated confidentially, kept secure and protected against unauthorized use, modification or disclosure and is maintained only for the purpose for which it is intended. You have the rights given by the Privacy Act 1988 as amended. You can request access to your personal information. If you believe that any of your personal information is incorrect, please let us know.