Conditions of Sale

Conditions of Sale – Brushworks Painters Sydney

When you purchase goods or services from Brushworks Painters Sydney, you agree to the following Conditions of Sale. These terms explain your rights and obligations in plain English and are written to comply with Australian law.

Definitions

To make things clear:

• Australian Consumer Law (ACL): The law that protects consumers, found in Schedule 2 of the Competition and Consumer Act 2010 (Cth), along with state and territory equivalents.
• Consequential Loss: Indirect loss such as loss of profits, loss of goodwill, or damage to reputation.
• Contract: The agreement between you and us, which includes these Conditions, any accepted order, quote, or application forms.
• Defect: A fault that stops goods being safe or fit for use. Trivial or disclosed issues aren’t defects.
• Goods: All products and services we supply to you.
• GST: Goods and Services Tax, as defined by Australian law.
• Invoice: The document we issue to you showing what you owe for the goods supplied.
• Order: Any request you make to purchase goods from us.
• We / Us: Brushworks Painters Sydney, Cathedral Street, Woolloomooloo, NSW 2011.
• You: The customer buying goods or services.

General

These Conditions replace and override any prior discussions, quotes, or other terms, unless we agree otherwise in writing.

• Only these terms apply unless we’ve confirmed different terms in writing.
• If there’s a conflict between these Conditions and another written agreement we’ve made with you, these Conditions will generally prevail.

Orders

• You may place orders with us by phone, email, or in person.
• We can accept or reject any order at our discretion.
• Once we accept an order, these Conditions apply to that order.
• If you request to cancel an order, we may allow it but reserve the right to charge for any costs already incurred (such as goods ordered from suppliers).

Pricing and Payment

• Prices are shown in Australian dollars and include GST unless noted otherwise.
• The price charged will be the one displayed on our website or confirmed in writing at the time of purchase.
• We may require a deposit. Balances are due as per invoice terms.
• Late payments may attract interest or recovery costs.

Delivery

• We’ll make reasonable efforts to deliver goods on the agreed date.
• Delivery times are estimates only. Unexpected issues like weather, supplier delays, or transport problems may affect timing.
• Risk passes to you once goods are delivered to your address.

Title and Ownership

• Ownership of goods remains with us until full payment clears.
• Until then, you hold goods as our bailee and must store them safely.
• We may register a security interest under the PPSA to protect our ownership rights.

Inspection and Defects

• Please inspect goods upon delivery.
• Notify us in writing of any defects within 30 days of delivery.
• Keep the goods in the condition received and allow us to inspect them.
• If goods are found defective, remedies under the ACL apply (repair, replacement, or refund).

Liability

To the maximum extent permitted by law:

• Our liability is limited to the total value of the order in question.
• We exclude liability for consequential loss (like lost profits or reputation damage).
• If the ACL applies, our responsibility is limited (at our choice) to:
  • Replacing the goods or supplying equivalent goods
  • Repairing the goods
  • Paying the cost of replacement or repair

Advice

Unless required by the ACL, you acknowledge that you’re not relying on advice or recommendations from us when purchasing goods. Please seek independent professional advice if needed.

Resale of Goods

You may not resell our goods unless:

• We agree in writing, or
• They are part of services you provide (e.g., painting projects).

If you do resell, you must:

• Pass on any care instructions, warranties, or information we provide
• Avoid making claims or representations beyond what we’ve given you
• Follow the ACL, especially regarding mandatory guarantees
• Not tamper with or remove trade marks, labels, or packaging

You indemnify us against any claims or losses caused by breaching these resale obligations.

Force Majeure (Events Outside Our Control)

We aren’t responsible for delays or failure to supply caused by events beyond our reasonable control, such as:

• Strikes, supplier shortages, or transport problems
• Equipment breakdowns
• Power or water shortages
• Pandemics or widespread health issues

If these events last more than 30 days, either party may terminate the contract in writing.

Release

Except where the ACL requires otherwise, you release us from claims for damages, loss, or injury caused directly or indirectly by use of our goods, unless we’ve been negligent.

GST and Taxes

• Prices include GST unless otherwise stated.
• You are responsible for paying any other duties, taxes, or charges related to the goods.

Variation and Assignment

• We may update these Conditions at any time. The most recent version will always apply to your purchase.
• You cannot transfer or assign your rights under this Contract without our written consent.

Waiver

Any waiver of our rights must be in writing and signed. Failure to enforce a right doesn’t mean it’s waived for future cases.

No Right to Set-Off

You cannot offset amounts you owe us against other claims you may have unless we agree in writing.

Intellectual Property

Purchasing goods from us does not give you rights in our intellectual property, such as trade marks, designs, or patents.

Governing Law

These Conditions are governed by the laws of New South Wales, Australia. You agree to submit to the courts of NSW.

Severance

If any part of these Conditions is found unlawful or unenforceable, it will be removed, and the rest will still apply.

Contact Details

Brushworks Painters Sydney
Cathedral Street, Woolloomooloo, NSW 2011
Phone: 0489 906 835
Email: [email protected]
Privacy Officer: [email protected]

Quick Reference Table

Final Note

We’ve written these Conditions of Sale to be transparent and fair. If anything is unclear, please ask us before placing an order.

Last updated: 1 July 2025.

What personal information we collect