Terms and Conditions

1. Consumer Guarantees

These Terms and Conditions are in addition to your rights under the Australian Consumer Law (ACL) and are not intended to restrict, modify, or exclude those rights.

Under the ACL, Goods and Services supplied by Sarros are guaranteed to be of acceptable quality, fit for the purpose for which those Goods and Services are commonly acquired and fit for any purpose made known to Sarros being the purpose for which You actually acquire the Goods and Services (Guarantees). You have certain rights under the ACL if the Guarantees are breached.

2. Quotations and Purchase Orders

2.1 Quotation Validity

Subject to clause 2.2, quotations provided by Sarros remain valid for a period of 30 days from the date of the quotation.

2.2 Right to Withdraw Quotation

Sarros reserves the right to withdraw, vary or revoke a quotation at any time prior to you submitting a written purchase order or instructing Sarros to proceed based on a quotation provided by Sarros to you.

2.3 Contract Formation

A contract for the supply of Goods and Services (Contract) arises between You and Sarros upon the earlier of:

• Sarros accepting your written purchase order; or
• You directing Sarros to proceed with the Goods and Services as the subject of a quotation and Sarros agreeing to provide the same in accordance with the quotation.

3. Special Conditions and Special Requirements

3.1 Amendments to Orders

Once a purchase order has been submitted and accepted by Sarros or Sarros has issued a quotation, Sarros shall not be bound to accept any additions, alterations, or amendments to the purchase order or quotation, but may do so at its discretion.

3.2 Descriptions and Specifications

Subject to clause 3.3, all descriptions, specifications, drawings, dimensions, images, weights, price lists or catalogues provided, published, or advertised by Sarros are for information and identification only and do not constitute sales by description.

3.3 Special Conditions in Writing

Any special conditions (applicable to the Goods and Services) must be stated in writing on the quotation or purchase order.

3.4 Right to Decline Special Conditions

Sarros reserves the right to decline any or all special conditions requested by You. If Sarros declines one or more special conditions, you may elect to proceed with the Goods and Services or terminate your purchase order or quotation by providing written notice to Sarros.

3.5 Precedence

Any special conditions prevail over these Terms and Conditions to the extent of any inconsistency.

4. Payment

4.1 Deposits

All deposits must be paid before the commencement of the supply of the Goods and Services. Deposit payments are non-refundable.

4.2 Payment Terms

All payments in respect of the Goods and Services must be paid in full immediately upon completion of the supply of the Goods and Services, unless otherwise agreed in writing with Sarros.

4.3 Taxes and GST

You will be liable for any taxes, charges, excise or government impost upon the Goods and Services, including without limitation any Goods and Services Tax (GST). GST will be included in the quoted price for Goods and Services.

5. Retention of Title

Sarros retains legal and equitable title in any goods supplied by Sarros in connection with the Goods and Services until Sarros receives payment in full for the Goods and Services, and any other money owed to Sarros pursuant to these Terms and Conditions.

6. Personal Property & Securities Act

6.1 Security Interest

If Sarros determines that the Contract creates a Security Interest for the purposes of the Personal Properties Securities Act 2009 (PPSA), You agree to do anything within your reasonable control which Sarros asks and considers necessary to:

• Ensure that the security interest is enforceable, perfected, and otherwise effective;
• Enable Sarros to apply for any registration, complete any financing statement, give any notification, in connection with the security interest; or
• Enable Sarros to exercise rights in connection with the security interests.

6.2 Third Party Registration

You agree not to register, or permit to be registered, a financing statement or charge in relation to the Goods and Services in favor of a third party without Sarros' prior written consent.

7. Default

7.1 Liability for Default

If you default in payment for the Goods and Services, you will be liable to Sarros for any losses, expenses, debt collection charges, fees, and costs (including legal fees on an indemnity basis) incurred by Sarros in connection with or in any way arising from your default.

7.2 Interest on Overdue Accounts

Interest will be charged on overdue accounts at the rate of 6% per annum, compounded monthly.

7.3 Debt Due

All amounts owed under clauses 4 and 7.1 are owed by You as a debt due to Sarros.

7.4 Refusal of Further Services

In the event You default in payment for the Goods and Services, Sarros may at its discretion refuse to deliver further goods or supply further services to You until such time as the default has been remedied.

8. Limitation of Liability

8.1 Limited Liability

To the extent permissible by law and subject to your rights under the ACL, Sarros' liability to You whether arising under statute, contract, tort (including negligence), equity or otherwise is limited to:

• The repair or replacement of goods provided by Sarros;
• Resupply of the services or payment of the costs of resupply of the services by a third party to You; or
• Refund of the supply of the Goods and Services to the value of the same.

Sarros shall not be liable to you for any direct or consequential damage, including (without limitation) loss of profit, loss of opportunity, loss of use or any economic loss however arising.

8.2 Indemnity

To the extent permissible by law, and subject to your rights under the ACL, you agree to indemnify Sarros against any claim, action or proceeding brought by a third party arising out of or in connection with the Goods and Services.

9. Set Off

Sarros reserves the right to set off any money that You owe to Sarros against any amount Sarros may owe to You under these Terms and Conditions.

10. Privacy

You authorize Sarros to obtain from a credit reporting agency a credit report containing personal credit information about You in relation to any credit provided by Sarros in relation to the Goods and Services. You consent to Sarros being given a consumer credit report to collect overdue payment on commercial credit under the Privacy Act 1988 (Cth).

11. General

11.1 Severability

To the extent that any of these Terms and Conditions are unenforceable or void, they will be severed from these Terms and Conditions.

11.2 Governing Law

These Terms and Conditions are governed by the laws of Western Australia.