Wild Modular Pty Ltd — Standard Terms of Purchase
Version 1
These terms apply to all purchase orders and supply orders issued by Wild Modular Pty Ltd ABN 62 648 694 759 (Wild Modular). They form part of each order and prevail over any inconsistent terms of the supplier. The version in force is stated on each order.
1. Precedence
These conditions prevail over any inconsistent terms of the supplier, whether contained in a quotation, order acknowledgement, invoice, delivery docket, website or otherwise. No supplier terms apply unless expressly agreed in writing by Wild Modular.
Where a subcontract agreement has been executed between Wild Modular and the supplier, that agreement prevails over these conditions to the extent of any inconsistency.
2. Title
Property in all goods and materials appropriated to an order passes to Wild Modular on payment, including on payment of a deposit to the extent of the goods appropriated under clause 3, notwithstanding that they remain in the supplier's possession or that manufacture is incomplete.
3. Identification
On receipt of a deposit or advance payment, the supplier will appropriate materials to the order and mark them with the order number and store them separately from the supplier's other stock.
4. Security interest
The supplier acknowledges that these terms constitute a security agreement and that Wild Modular's interest in goods and materials under clauses 2 and 3 is a security interest (including a purchase money security interest) for the purposes of the Personal Property Securities Act 2009 (Cth) (PPSA).
The supplier consents to Wild Modular registering that security interest on the Personal Property Securities Register and will promptly do all things reasonably required to enable Wild Modular to register and maintain a perfected security interest.
To the extent permitted by law, the supplier waives its right to receive any notice or document under the PPSA (including under sections 95, 118, 121(4), 125, 130, 132(3)(d), 132(4), 135 and 157), agrees that sections 142 and 143 do not apply, and will not disclose information of the kind referred to in section 275(1) except as required by section 275(7).
5. Insurance
The supplier will insure the goods for their full replacement value while they remain in its possession or control.
6. Delivery, risk and acceptance
The supplier will deliver the goods to the delivery address and by the date stated in the order, in full unless partial delivery is agreed in writing. Time is of the essence for delivery.
Risk in the goods passes to Wild Modular on delivery to and acceptance at the delivery address; title passes in accordance with clause 2. Wild Modular may inspect the goods within a reasonable time after delivery, and delivery does not constitute acceptance until it has had that opportunity.
7. Rejection
Wild Modular may reject goods that do not conform to the order. Rejected goods will be removed and replaced or credited at the supplier's cost, including the cost of return.
8. Compliance
The goods and their supply will comply with all applicable laws, the National Construction Code, relevant Australian Standards, and any specifications, samples or drawings referred to in the order. Where goods are delivered to site, the supplier will comply with Wild Modular's site and work health and safety requirements and provide safety data sheets and handling information for any hazardous materials.
9. Warranty
The supplier warrants that goods conform to the specification in the order and are free from defects in materials and workmanship for twelve months from delivery, or for the manufacturer's warranty period if longer.
All manufacturer and supplier warranties are provided for the benefit of Wild Modular and are assignable to Wild Modular's client without further consent.
10. Documentation
Certificates of compliance, test results, operation and maintenance information and warranty documentation required by the order are to be provided to Wild Modular before final payment.
11. GST
Unless stated otherwise, prices are exclusive of GST. GST is payable by Wild Modular against a valid tax invoice.
12. Governing law
Orders are governed by the laws of New South Wales.