Terms and Conditions of Sale

Terms & Conditions of Sale of Goods & Services

1. Definitions
1.1. “Company” refers to NSG Boffa Pty Ltd or NSG Boffa Service Pty Ltd, as indicated on the appropriate company letterhead.
1.2. “Customer” refers to the individual, company, or entity purchasing goods and/or services from the Company.
1.3. “Goods” means any products or materials supplied by the Company.
1.4. “Services” means any work or labour provided by the Company, including, but not limited to electrical, communication or related services.
1.5. “Agreement” refers to these terms and conditions, together with any written quotation, work order, or invoice provided by the Company.

2. Acceptance of Terms
2.1. By placing an order or accepting a quotation, the Customer agrees to these terms and conditions.
2.2. No variations to these terms shall apply unless agreed in writing by the Company.

3. Quotations and Orders
3.1. Quotations provided by the Company are valid for 30 days unless otherwise stated.
3.2. The Company reserves the right to withdraw or amend a quotation prior to acceptance for any reason it nominates.
3.3. An order is deemed accepted when the Company issues a written confirmation or begins supplying the Goods or Services.

4. Payment Terms
4.1. Payment terms are as specified in the quotation or invoice. If not specified, payment is due within 30 days of the invoice date.
4.2. Late payments may incur interest at a rate of 2% per month from the due date until payment is received.
4.3. The Customer is responsible for all costs incurred by the Company in recovering overdue payments, including legal fees.

5. Delivery and Performance
5.1. The Company will make all reasonable efforts to deliver Goods and perform Services within the agreed timeframe. However, the Company is not liable for delays caused by factors beyond its control.
5.2. Delivery is deemed complete when the Customer receives the Goods or when the Goods are delivered to the agreed location.
5.3. Risk in the Goods passes to the Customer upon delivery. Title in the Goods remains with the Company until full payment is received.

6. Warranty and Liability
6.1. The Company warrants that Goods and Services supplied will conform to applicable standards and be free from defects in material and workmanship for a period of 12 months from the date of delivery or completion, unless otherwise specified.
6.2. The Company’s liability for breach of warranty is limited to the repair or replacement of defective Goods or the re-performance of defective Services.
6.3. To the extent permitted by law, the Company excludes liability for indirect or consequential loss, including loss of profit or revenue.
6.4. These terms do not exclude any rights or remedies under Australian Consumer Law that cannot be excluded.

7. Returns and Cancellations
7.1. Goods may only be returned with the Company’s prior written consent and must be in original condition and packaging.
7.2. Cancellation of orders for Goods or Services requires the Company’s written approval. The Customer may be charged and be liable for costs incurred up to the cancellation date.

8. Intellectual Property
8.1. Any intellectual property rights in designs, drawings, or materials provided by the Company remain the property of the Company unless otherwise agreed in writing.

9. Indemnity
9.1. The Customer indemnifies the Company against any claims, damages, or losses arising from the Customer’s misuse of the Goods or Services or breach of this Agreement.

10. Termination
10.1. The Company may terminate this Agreement if the Customer breaches any term and fails to remedy the breach within 14 days of notice.
10.2. On termination, the Customer must immediately pay any outstanding amounts owed to the Company.

11. Governing Law
11.1. This Agreement is governed by the laws of South Australia, and both parties submit to the jurisdiction of its courts.

12. Entire Agreement
12.1. These terms constitute the entire agreement between the Company and the Customer and supersede all prior negotiations and communications.

For inquiries or clarifications, please contact Nicholas Cross (info@nsgboffa.com.au).