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Terms and Conditions of sale

Terms and Conditions of Sale
Switchboardinabox Pty Ltd
ABN 39 620 718 336 | ACN 620 718 336
Version 1.1 | Effective Date: Jan 2025

  1. AGREEMENT FORMATION AND SCOPE

1.1 These Terms and Conditions of Sale ("Terms") apply to the supply of all Schneider Australia Electrical goods and associated services by Switchboardinabox Pty Ltd ("SBIB") to the purchaser ("Customer") whether via the Website, phone, email or written order.

1.2 These Terms form a legally binding agreement between SBIB and the Customer upon SBIB’s written acceptance of an order or SBIB's performance of the order, whichever occurs first.

1.3 No other terms, conditions or warranties, express or implied, form part of this Agreement unless agreed in writing by SBIB.

1.4 If there is any inconsistency between these Terms and any other documentation or correspondence, these Terms shall prevail to the extent of the inconsistency unless otherwise agreed in writing by SBIB.

  1. DEFINITIONS
  • "ACL" refers to the Australian Consumer Law under Schedule 2 of the Competition and Consumer Act 2010 (Cth).
  • "Business Day" means a day other than a Saturday, Sunday, or public holiday in Queensland.
  • "Confidential Information" means information that is designated as confidential or that a reasonable person would consider to be confidential.
  • "Force Majeure Event" means any act or circumstance beyond SBIB’s reasonable control.
  • "Goods" means all electrical products and materials listed in a Customer’s order.
  • "Order" means a request by the Customer to purchase Goods or Services from SBIB.
  • "PPSA" means the Personal Property Securities Act 2009 (Cth).
  • "Services" means any services provided by SBIB including but not limited to configuration, delivery and consulting.
  • "Website" means www.switchboardinabox.com.au.
  1. ORDERS AND ACCEPTANCE

3.1 Orders may be placed online, in writing or verbally, and must specify the Goods required, quantities, and delivery details.

3.2 SBIB may refuse an Order at its discretion including but not limited to where Goods are unavailable or due to pricing errors.

3.3 No Order is binding until accepted by SBIB in writing or through dispatch of Goods.

3.4 The Customer is responsible for ensuring the accuracy of any Order.

  1. PRICING AND PAYMENT

4.1 All prices are in Australian dollars (AUD) and inclusive of GST unless otherwise stated.

4.2 SBIB reserves the right to adjust pricing due to market fluctuations, currency exchange rates, or supplier costs.

4.3 Payment must be made in full prior to dispatch unless SBIB agrees to alternate terms in writing.

4.4 Late payments will incur interest at 2% per month compounded daily until payment is made in full.

4.5 SBIB may withhold supply or cancel any outstanding Orders if the Customer fails to pay amounts due.

  1. DELIVERY, TITLE AND RISK

5.1 Delivery will occur to the Customer’s nominated address or on collection by the Customer.

5.2 Risk in the Goods passes to the Customer on delivery. Delvery must be made to a Business address.

5.3 Title to the Goods remains with SBIB until payment in full is received.

5.4 SBIB may deliver Goods by instalments and invoice each separately.

5.5 The Customer must inspect Goods upon delivery and notify SBIB in writing of any discrepancies within 48 hours.

  1. RETURNS AND CANCELLATIONS

6.1 Due to the nature of electrical goods, SBIB does not accept returns for change of mind or incorrect ordering.

6.2 Goods that are specially ordered, customised, or classified as non-stock are non-returnable.

6.3 Where required under the ACL, defective Goods will be replaced, repaired or refunded at SBIB’s discretion.

6.4 Claims for defective Goods must be made in writing within 7 days of delivery.

  1. WARRANTIES AND AUSTRALIAN CONSUMER LAW

7.1 SBIB warrants that Goods supplied are free from material defects under normal use for 12 months from the date of delivery unless otherwise stated.

7.2 This warranty excludes damage caused by incorrect installation, misuse, neglect, modifications or non-compliance with relevant standards.

7.3 SBIB’s liability for breach of warranty is limited, at SBIB’s option, to the replacement, repair or refund of the Goods.

7.4 The benefits under this warranty are in addition to other rights and remedies under the ACL.

  1. LIMITATION OF LIABILITY

8.1 To the maximum extent permitted by law, SBIB is not liable for indirect, consequential, incidental or special damages.

8.2 SBIB’s total liability is limited to the amount paid by the Customer for the relevant Goods.

  1. INTELLECTUAL PROPERTY

9.1 All intellectual property rights in SBIB’s products, designs, documentation, software or marketing remain the exclusive property of SBIB.

9.2 The Customer must not use, reproduce or modify SBIB’s intellectual property without prior written consent.

  1. PERSONAL PROPERTY SECURITIES ACT (PPSA)

10.1 The Customer acknowledges and agrees that:

  • SBIB retains a security interest in all Goods supplied until payment in full is received;
  • SBIB may register its interest under the PPSA;
  • The Customer waives its rights to receive notices or statements under sections 95, 121(4), 130, 132(3)(d), and 135 of the PPSA.
  1. FORCE MAJEURE

11.1 SBIB shall not be liable for failure to perform or delays due to Force Majeure Events, including but not limited to acts of God, strikes, pandemics, transport disruption or governmental action.

11.2 In such cases, SBIB may cancel or suspend delivery without penalty.

  1. PRIVACY

12.1 SBIB collects, stores and uses Customer information in accordance with its Privacy Policy.

12.2 Customers consent to the use of their information for fulfilling Orders and relevant communications.

  1. CONFIDENTIALITY

13.1 Both parties agree to maintain the confidentiality of all commercial, financial or operational information obtained in connection with any Order.

  1. TERMINATION

14.1 SBIB may terminate the Agreement immediately upon written notice if the Customer:

  • becomes insolvent, bankrupt or subject to external administration;
  • fails to pay any amounts owing;
  • breaches any material term and fails to remedy within 14 days of notice.

14.2 On termination, all outstanding amounts become immediately due and payable.

  1. DISPUTES

15.1 Parties agree to use best efforts to resolve disputes amicably within 30 days.

15.2 If unresolved, the dispute may be submitted to mediation before either party may initiate legal proceedings.

15.3 Legal proceedings must be brought exclusively in Queensland.

  1. GENERAL

16.1 These Terms represent the entire agreement between SBIB and the Customer.

16.2 If any provision is held invalid, the remainder of the Terms remain in effect.

16.3 SBIB may amend these Terms at any time by publishing an updated version on the Website.

Contact Details
Switchboardinabox Pty Ltd
Email: support@switchboardinabox.com.au
Website: www.switchboardinabox.com.au

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1300 724 622

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Brisbane QLD 4000
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