TERMS AND CONDITIONS OF PURCHASE

1. 1. Entire Agreement
• (a) These Terms and Conditions apply to ordered goods and/or services (the Deliverables) purchased by the Greene Fire group of companies (being Greene Fire Group Pty Limited ACN 122 435 081 or Greene Fire Pty Limited ACN 642 292 993 or Greene Fire Manufacturing Pty Limited ACN 642 327 526) (collectively, Greene Fire) from a Supplier.
• (b) Unless otherwise agreed in writing, these Terms & Conditions override any previous agreements, arrangements, representations, or communications, and are accepted by the Supplier when fulfilling the order.
2. Price
• (a) Unless otherwise agreed in writing, the total price for the Deliverables is the Price set out in the order.
• (b)The Price is fixed and is inclusive of all costs for supplying the Deliverables unless the parties have agreed to unit costs or as stated otherwise.
3. Payment
• (a) Payment Terms are 30 days from the end of the month following submission of a valid Tax Invoice (quoting the order number) and providing the Deliverables have been supplied.
• (b) If Greene Fire disputes the amount of a valid Tax Invoice, it will pay the undisputed amount in accordance with clause 3(a) and the parties must deal with the disputed amount in accordance with clause 20.
• (c) The Supplier may be entitled to progress payments in respect to the supply of the Deliverables, but only by written agreement between the parties.
4. Supply of Deliverables
• (a) Greene Fire gives no representations for the supply of a minimum volume of Deliverables.
• (b) The Supplier must supply the Deliverables:
  • (i) With due care, skill and diligence reasonably expected of a competent provider of similar Deliverables.
  • (ii) In compliance with best industry practice and the reasonable directions of Greene Fire; and
  • (iii) In accordance with any manufacturer’s guidelines and specifications.
5. Variations
• Greene Fire may vary the terms of the order, by providing written notice to the Supplier. If the Supplier believes the variation will impact the Delivery Details or Price, the Supplier will advise Greene Fire and await further written approval before proceeding with the Variation.
6. Delivery
• (a) The Supplier must supply the Deliverables in accordance with the Delivery Details.
• (b) Greene Fire has right of refusal or cancellation for any goods or services not delivered in accordance with any Delivery Details or clause 4.
• (c) Any goods must be suitably packed to avoid damage.
7. Communication
• The parties agree to communicate any issues arising in relation to performance under the order(s), providing reasonable time to remedy
8. Occupational Health and Safety and Environment
• (a) The Supplier must ensure that the Supplier’s representatives attending or working on
  any Greene Fire or Greene Fire client site will:
  • (i) Complete an induction prior to commencing any works onsite
  • (ii) Prepare a risk assessment document for the scheduled works prior to commencement, if the works are outside of Supplier accepted and documented work processes
  • (iii) Comply with all applicable Laws relating to Occupational Health and Safety or Workplace Health and Safety as well as any site security, safety, health and environmental requirements; and
  • (iv) Wear the required Personal Protective Equipment, commensurate with the level of risk on site.
• (b) The Supplier must ensure that all plant and equipment on site is properly maintained and serviced and complies with all relevant laws.
9. Purchaser or Third-Party Property
• (a) Any plant, equipment, or other property provided by Greene Fire or a third-party to the Supplier remains the property of Greene Fire or the third-party.
• (b) The Supplier must use any such property efficiently, without waste, and in accordance with the manufacturers or hirer’s specifications or guidelines for use. The Supplier indemnifies Greene Fire against any claims arising from its use
• (c) The Supplier agrees not to allow any unauthorised person or entity to use, borrow, access or operate any plant or equipment provided by Greene Fire or a third-party, and indemnifies Greene Fire against any claims arising from such unauthorised use.
10. Site Conditions
• (a) The Supplier must undertake due diligence on the expected and possible physical and weather conditions at the Greene Fire or Greene Fire client site that could affect performance and accepts responsibility for unforeseen site conditions.
• (b) Conditions that differ substantially from those reasonably expected by a competent and prudent supplier, may entitle the Supplier to seek a Variation under clause 5. Approval or otherwise is completely the discretion of Greene Fire.
11. Title and Risk
• (a) Title in any Deliverables passes to Greene Fire on delivery or payment (whichever is the earlier).
• (b) Delivery or payment does not infer quality acceptance of the Deliverables.
• (c) Greene Fire reserves the right to inspect and test, where practicable, goods and services whilst in the course of being produced, installed, or rendered including at the premises of the Supplier.
12. Warranty
• (a) The Supplier warrants that the Deliverables:
  • (i) Meet all legislative requirements.
  • (ii) Comply with any mandatory Regulations or Australian Standards.
  • (iii) Do not infringe the Intellectual Property rights of any third person.
  • (iv) Are new (unless otherwise specified).
  • (v) Are free of any encumbrances.
  • (vi) Comply with the Deliverables description.
  • (vii) Carry all consumer guarantees, terms and conditions that Greene Fire would be entitled to if it were a “consumer” within the meaning of the Competition and Consumer Act 2010 (C’th).
  • (viii) Confer the benefits of any third-party manufacturer warranty to Greene Fire.