Purchase Terms

1. Agreement

These Purchase Terms ("Terms") apply to all supply-only orders of products sold by Easy Footings Pty Ltd ("Easy Footings", "we", "us", "our"). By placing an order for product supply without installation, you ("the Customer", "you") agree to be bound by these Terms.

These Terms are governed by the laws of the State of Victoria and the Commonwealth of Australia. The parties submit to the exclusive jurisdiction of the courts of Victoria and any courts entitled to hear appeals from those courts.

2. Products

Products available for supply only include, but are not limited to, the RapidStump, StumpRite, and SurePile concrete-free footing systems manufactured by BMSA Footing Solutions, along with associated accessories and components.

Product descriptions, specifications, and images on our website are provided for general information purposes. While we endeavour to ensure accuracy, slight variations may occur. Product availability is subject to stock levels at the time of order.

3. Quotes and Orders

All quotes for supply-only orders are valid for thirty (30) days from the date of issue unless otherwise stated. An order is confirmed once full payment has been received by Easy Footings.

Easy Footings reserves the right to decline or cancel an order at any time prior to dispatch. In such cases, any payment received will be refunded in full.

4. Payment Terms

The following payment terms apply to all supply-only orders:

Payment may be made by bank transfer, cash, or any other method agreed upon at the time of order. All prices are quoted in Australian Dollars (AUD) and are inclusive of GST unless otherwise stated.

5. Retention of Title

All goods supplied remain the sole property of Easy Footings Pty Ltd until full payment has been received. Until such time as full payment has been made:

• Legal and beneficial ownership of all goods remains with Easy Footings Pty Ltd
• The Customer must not sell, dispose of, or otherwise deal with the goods
• The Customer holds the goods as bailee for Easy Footings Pty Ltd
• Easy Footings Pty Ltd reserves the right to enter the Customer's premises (or the site where the goods are located) to recover the goods without prior notice

This clause applies to the fullest extent permitted by the Personal Property Securities Act 2009 (Cth) (PPSA). The Customer acknowledges that these Terms create a security interest in the goods supplied, and consents to Easy Footings Pty Ltd registering a financing statement on the Personal Property Securities Register (PPSR) in respect of that security interest.

6. Overdue Payments and Debt Recovery

If any amount remains unpaid after the due date, Easy Footings reserves the right to:

• Charge interest on any overdue amount at the rate prescribed under the Penalty Interest Rates Act 1983 (Vic), calculated daily from the due date until payment is received in full
• Withhold delivery or release of goods until all outstanding amounts are paid
• Engage a debt collection agency to recover the outstanding amount
• Commence legal proceedings to recover the debt, including any associated costs
• Remove products from the Customer's site where ownership has not transferred

We reserve the right to pursue any avenue available to us to recover unpaid debts, including but not limited to legal proceedings, debt collection, and removal of product from site. The Customer is liable for all costs and expenses incurred by Easy Footings in recovering overdue payments, including legal fees, debt collection fees, and any associated disbursements, on a full indemnity basis.

7. Pickup and Delivery

Pickup: Where the Customer elects to collect goods, pickup will be from a location nominated by Easy Footings. The Customer is responsible for inspecting the goods at the time of pickup and must report any visible damage or defect before leaving the premises.

Delivery: Where delivery is arranged by Easy Footings, delivery charges (if applicable) will be specified in the quote. Risk in the goods passes to the Customer upon delivery to the nominated address, or upon the goods being made available for pickup.

Delivery timeframes are estimates only and are not guaranteed. Easy Footings shall not be liable for any loss or damage arising from delays in delivery caused by circumstances beyond our reasonable control, including supply chain disruptions, transport issues, or force majeure events.

8. Returns and Refunds

Supply-only orders may be returned subject to the following conditions:

• The goods are unused, undamaged, and in their original packaging
• A return request is made within fourteen (14) days of pickup or delivery
• Easy Footings approves the return in writing prior to the goods being returned
• A restocking fee of up to 20% of the purchase price may apply

Custom-ordered or specially prepared goods are non-refundable unless defective.

Nothing in this clause limits your rights under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)). If goods are faulty, not fit for purpose, or do not match their description, you are entitled to a repair, replacement, or refund in accordance with your consumer guarantee rights.

9. Product Warranties

Product warranties are provided by the respective manufacturers (including BMSA Footing Solutions) and are subject to the terms and conditions of those manufacturers. Easy Footings will provide warranty documentation with the goods and will assist the Customer in making any warranty claim with the manufacturer where applicable.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on the Customer by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted, or modified by agreement.

10. Limitation of Liability

To the maximum extent permitted by law, Easy Footings' total liability under or in connection with these Terms, whether in contract, tort (including negligence), or otherwise, shall not exceed the total amount paid by the Customer for the goods in question.

Easy Footings shall not be liable for any indirect, incidental, special, or consequential loss or damage, including loss of profit, loss of revenue, loss of use, or loss of opportunity, howsoever arising.

Easy Footings does not accept liability for any loss, damage, or injury arising from the installation of supply-only products by the Customer or any third party. The Customer is solely responsible for ensuring that products are installed in accordance with the manufacturer's specifications, relevant Australian Standards, and applicable building regulations.

11. Dispute Resolution

In the event of a dispute arising under these Terms, the parties agree to first attempt to resolve the matter through good faith negotiation. If the dispute cannot be resolved within fourteen (14) days of written notice, either party may refer the dispute to mediation administered by the Victorian Small Business Commissioner or an agreed independent mediator.

Nothing in this clause prevents either party from seeking urgent interlocutory relief from a court of competent jurisdiction.

12. General

• Entire agreement: These Terms, together with any accepted quote or order confirmation, constitute the entire agreement between the parties in relation to the supply of goods.
• Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
• Waiver: A failure by Easy Footings to enforce any provision of these Terms does not constitute a waiver of that provision or the right to enforce it at a later date.
• Assignment: The Customer may not assign or transfer their rights or obligations under these Terms without our prior written consent.

13. Contact Us

If you have any questions about these Purchase Terms, please contact us:

• Business: Easy Footings Pty Ltd
• Email: office@easyfootings.com.au
• Service area: Melbourne & Victoria, Australia