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Terms & Conditions

Trading Terms

Projex Group takes pride in the quality of its products and its services to customers. Customers are requested to inform Projex Group if an order is incorrectly delivered or if there is dissatisfaction with the goods. As a part of our quality procedures, it is important that Projex Group and the customer agree on the terms on which business is to be transacted. These terms and conditions are current for trading with Projex Group at the time of issue, however the terms and conditions may vary from time to time.

1. Interpretation

In these conditions unless the contrary intention appears:

  • “Additional Charges” includes all delivery, handling and storage charges, sales tax, goods and services tax, stamp duty, interest, legal and other costs of recovery of unpaid money and all other government imposts and all money, other than the Purchase Price, payable by the Customer to Projex Group arising out of the sale of the Goods.
  • “Customer” means the person to or for whom the Goods are to be supplied by Projex Group.
  • “Goods” means the goods sold to the Customer by Projex Group.
  • “Projex Group” means Projex Group Pty Limited, ARBN 096 805 453.
  • “Purchase Price” means the list price for the goods as charged by Projex Group at the date of the delivery or such other price as may be agreed by Projex Group and the Customer prior to delivery of the Goods.

2. Order for Goods

  • An order given to Projex Group shall be binding on Projex Group and the Customer, if:
    • a written acceptance is signed for or on behalf of Projex Group; or
    • the Goods are supplied by Projex Group in accordance with the order.
  • An acceptance of the order by Projex Group is then to be an acceptance of these conditions of sale by Projex Group and the Customer and these conditions of sale will override any conditions contained in the Customer’s order. Projex Group reserves the right to accept a part only of any order by notifying the Customer in writing or by delivering the Goods to the Customer. No order shall be binding on Projex Group until accepted by it.
  • An order which has been accepted in whole or in part by Projex Group cannot be cancelled by the Customer without obtaining the prior written approval of Projex Group, which it may refuse in its absolute discretion.

3. Warranties

  • Certain laws imply terms, conditions and warranties (“Prescribed Terms”) into contracts for the supply of goods and prohibit the exclusion, restriction or modification of such terms, conditions and warranties. The liability of Projex Group in respect of a breach of a Prescribed Term is limited at the option of Projex Group to the replacement of the Goods or the payment of the cost of replacing the Goods or refund of the Purchase Price paid by the Customer.
  • Any claims to be made against Projex Group for short delivery of Goods must be lodged with Projex Group in writing within 7 days of the delivery date.
  • Unless the terms and warranties are included in these standard terms and conditions, all prior discussions, quotations, warranties and implied terms and warranties, to the extent permitted by law, are excluded.

4. Delivery

  • The times quoted for delivery are estimates only and Projex Group accepts no liability for failure or delay in delivery of Goods. The Customer is not relieved of any obligation to accept or pay for Goods by reason of any delay in delivery. Goods may be delivered by instalments at the discretion of Projex Group. It is the intention of Projex Group to ship all orders within seven (7) days of acceptance of the order. All deliveries within Australia should take place within 7 days of shipment.
  • Risk in accepting the Goods shall pass on delivery to the Customer.
  • All delivery charges are payable in addition to the Purchase Price of the Goods.
  • Return of Goods will not be accepted by Projex Group except by prior agreement in writing with Projex Group. Any Goods returned will be subject to a restocking charge of 15% of the Purchase Price of those Goods.

5. Price and Payment

  • Unless otherwise expressly agreed in writing, the Purchase Price of the Goods shall be that Purchase Price charged by Projex Group at the date of delivery plus any Additional Charges.
  • If the Customer is in default, Projex Group may at its option withhold further deliveries or cancel a contract without prejudice to any of its existing rights.
  • All payments are due within 30 days trading month end. Interest is charged at the rate of 1.5% per month from the expiry of that period until the date payment is received by Projex Group.

6. Retention of Title

  • Ownership, title and property of the Goods remains with Projex Group until payment in full for the Goods and all sums due and owing by the Customer to Projex Group on
    any account has been made. Until the date of payment:

    • the Customer has the right to sell the Goods in the ordinary course of business;
    • until the Goods have been sold by the Customer in the ordinary course of the Customer’s business, the Customer holds the Goods as bailee for Projex Group;
    • the Goods are always at the risk of the Customer.
  • The Customer is be deemed to be in default immediately upon the happening of any of the following events:
    • if any payment to Projex Group is not made promptly on the due date for payment;
    • if the Customer is a company and: (i) an application is made or a resolution is
      passed for its winding up; (ii) a receiver is appointed or a provisional liquidator or official manager is appointed; (iii) it calls a meeting of its creditors pursuant to the Corporations Law; or (iv) it proposes to enter into a deal or scheme of arrangement with its creditors;
    • if the Customer is an individual and enters into a deed or scheme of arrangement with his or her creditors or otherwise commits an act of bankruptcy;
    • if execution of an amount exceeding $1,000.00 is entered against the Customer;
    • if the Customer ceases to carry on business or stops or suspends payment or states its intention of so doing or is unable to pay its debts as they fall due or if any cheque or bill of exchange drawn by the Customer payable to;
  • In the event of a default by the Customer, then without prejudice to any other rights which Projex Group may have at law or hereunder:
    • Projex Group or its agents may without notice to the Customer enter the Customer’s premises for the purposes of recovering the Goods.
    • Projex Group may recover and resell the Goods;
    • if the Goods cannot be distinguished from similar Goods which the Customer has or claims to have paid for in full, Projex Group may in its absolute discretion seize all Goods matching the description of the Goods and hold same for a reasonable period so that the respective claims of Projex Group and the Customer may be ascertained. Projex Group shall promptly return to the Customer any Goods the property of the Customer and Projex Group shall be in no way liable or responsible for any loss or damage to the Goods or for any loss, damage or destruction to the Customer’s business howsoever arising from the seizure of the Goods.

7. Goods and Services Tax

  • Goods and Services Tax (GST) will be shown separately in the account for the sale of the Goods and the provision for service. The amount of GST payable in respect of the supply of the goods is payable by the Customer. The Customer must indemnify Projex Group in respect of GST paid and payable by Projex Group in respect of the supply of the product and of the service.

8. General

  • These terms and conditions are to be construed in accordance with the laws from time to time in the State of New South Wales and the Commonwealth of Australia.
    • These terms and conditions are to be construed in accordance with the laws from time to time in the State of New South Wales and the Commonwealth of Australia.
  • These standard trading conditions contain all of the terms and conditions of the contract between the parties and may only be varied by agreement in writing between the parties.
  • Any conditions found to be void, unenforceable or illegal may, to that extent be severed from the Agreement.

The Projex Mission is to source and supply technically excellent products to meet the needs of owners, designers, insurers and operators of buildings and structures for specialist protection against water, industrial liquids, impact and corrosion risks.