Terms and Conditions
Business Location: Minto, NSW 2566
1. Definitions
1.1 “Seller” means KINGS Powder Coating & Blasting, its successors, assigns, or any person acting on its behalf.
1.2 “Buyer” means the person or entity purchasing Goods or Services as specified in any order or invoice. Where there is more than one Buyer, they are jointly and severally liable.
1.3 “Goods” means all goods supplied by the Seller to the Buyer, including powder, parts, and associated items.
1.4 “Services” means all services provided by the Seller, including powder coating, blasting, surface preparation, and related work.
1.5 “Price” means the amount payable for Goods and/or Services under clause 4.
2. Acceptance
2.1 The Buyer accepts and is bound by these Terms by placing an order, paying a deposit, or accepting delivery.
2.2 These Terms may only be amended in writing and will prevail over any Buyer’s terms.
2.3 A minimum job charge of $200 applies unless otherwise agreed.
3. Change in Control
3.1 The Buyer must notify the Seller in writing within 14 days of any change in ownership, business name, address, or contact details. The Buyer is liable for losses incurred for failing to provide notice.
4. Price and Payment
4.1 The Price will be:
- (a) as stated on any invoice; or
- (b) as per the Seller’s written quote (valid for 30 days) unless varied by agreement.
4.2 The Seller may adjust the Price if variations are requested or if additional work is required.
4.3 The Seller may require a deposit prior to work.
4.4 Payment is due:
- (a) prior to delivery;
- (b) on collection; or
- (c) within 7 days of invoice date, unless otherwise agreed.
4.5 Payment may be made by EFT, cash, cheque (must clear before release), or card.
4.6 Prices exclude GST unless stated. Buyer must pay GST and any applicable duties in addition to the Price.
5. Delivery of Goods
5.1 Delivery occurs when:
- (a) Buyer or Buyer’s carrier collects Goods from the Seller; or
- (b) Seller or its carrier delivers to the Buyer’s address.
5.2 Delivery costs may be included in or additional to the Price.
5.3 Risk passes on delivery.
6. Risk
6.1 Buyer bears risk of loss or damage once Goods are delivered. Buyer should insure Goods.
6.2 Seller is not liable for hook/wire marks or drilled holes unless agreed in writing.
6.3 Seller is not responsible for poor coating results caused by contaminants, poor substrate quality, galvanised steel, anodised aluminium, or pre-existing coatings unless specifically treated.
6.4 Seller does not guarantee powder coating longevity for items installed near coastal areas or exposed to saltwater unless a suitable coating system has been specified.
7. Title
7.1 Ownership of Goods remains with the Seller until full payment is received.
7.2 Until title passes, Buyer must store Goods separately and return them on request. Seller may recover Goods if payment is not made.
8. Personal Property Securities Act (PPSA)
8.1 Buyer grants Seller a security interest in all Goods supplied. Buyer agrees to sign all documents and do all things necessary to perfect the security interest.
8.2 Buyer waives rights to receive certain PPSA notices as permitted by law.
9. Security & Charge
9.1 Buyer charges all rights, title, and interest in land or assets to secure payment obligations.
9.2 Buyer indemnifies Seller for costs in enforcing rights under this clause.
10. Inspection, Defects, Warranties
10.1 Buyer must inspect Goods on delivery and notify Seller within 2 days of defects.
10.2 Nothing excludes Buyer’s rights under Australian Consumer Law (ACL).
10.3 Except as required by law or agreed in writing, Seller’s liability is limited to rework, replacement, or refund at its discretion.
10.4 Warranty does not cover damage due to misuse, improper installation, chemical exposure, impact, or corrosive environments.
11. Intellectual Property
11.1 All designs, drawings, and documents created by the Seller remain its property.
11.2 Buyer warrants provided specifications do not infringe third-party rights and indemnifies Seller against claims.
12. Default
12.1 Overdue amounts incur interest at 2.5% per month, compounding monthly.
12.2 Buyer must pay Seller’s collection and legal costs for overdue accounts.
12.3 Seller may suspend or cancel orders if Buyer breaches these Terms.
13. Cancellation
13.1 Seller may cancel any order before delivery and refund amounts paid.
13.2 Buyer may cancel only with written consent and must pay for work done and materials used.
14. Privacy
14.1 Buyer consents to Seller collecting and using personal and credit information as required to provide services and assess credit, in accordance with Privacy Act 1988.
15. Unpaid Seller’s Rights
15.1 Seller retains a lien over items until all outstanding amounts are paid.
15.2 Seller may sell items under applicable law if payment is not made after notice.
16. Security of Payment Act 1999 (NSW)
16.1 Where applicable, the Building & Construction Industry Security of Payment Act 1999 (NSW) applies.
17. General
17.1 These Terms are governed by the laws of NSW and subject to the jurisdiction of NSW courts.
17.2 Seller is not liable for indirect or consequential loss.
17.3 Seller may amend these Terms at any time with notice.
Contact
KINGS Powder Coating & Blasting
17-23 Airds Rd, Minto, NSW 2566
Phone: 1300 949 399
Email:info@kingspowdercoating.com.au
ABN: 688841474
By engaging our services, you acknowledge and agree to these Terms & Conditions.
