Last updated: April 2026
These Standard Terms and Conditions of Trade govern the supply of all Goods and Work by Floortek Group Pty Ltd ACN 613 473 626 (“Floortek”) to any Client. By accepting a quotation or engaging Floortek to supply Goods and Work, the Client agrees to be bound by these terms and conditions. Individual quotations and formal contracts may include additional or varied terms, which will prevail over these standard terms to the extent of any inconsistency.
1. Definitions
1.1 “Floortek” means the business carried on by Floortek Group Pty Ltd ACN 613 473 626.
1.2 “Client” means the party who engages Floortek for the supply of Goods and Work, including that party’s successors, administrators and assigns.
1.3 “Consequential Loss” means loss of revenue, loss of profit or anticipated profit, loss of business or business opportunity, loss of bargain, loss of anticipated savings, loss of use, loss of production, loss of reputation, pure economic loss, and special, penal or exemplary damages.
1.4 “Contract” means any and all agreements between Floortek and the Client whereby Floortek agrees to supply the Client with goods, products and/or services.
1.5 “Equipment” means all equipment including any accessories supplied on hire by Floortek to the Client.
1.6 “Goods and Work” means the materials, goods and services supplied or to be supplied by Floortek to the Client pursuant to the Contract.
1.7 “Guarantor” means any person who agrees to guarantee the Client’s obligations to Floortek under these terms and conditions.
1.8 “Head Contract” means any contract between a Principal and the Client (as head contractor) for a project of which the Goods and Work form part.
1.9 “Price” means the price payable for the Goods and Work as agreed between Floortek and the Client.
1.10 “Principal” means the principal under a Head Contract.
2. Application of Terms
2.1 Any instructions received by Floortek from the Client for the supply of Goods and Work, and/or the Client’s acceptance of Goods and Work supplied by Floortek, constitutes acceptance of these terms and conditions.
2.2 Unless otherwise agreed in writing, all quotations, purchase orders, invoices and other documents issued by Floortek shall be subject to these terms and conditions.
2.3 These terms and conditions will prevail to the extent of any inconsistency with the Client’s own terms and conditions.
3. Orders
3.1 A Contract is deemed made upon receipt by Floortek of an order for Goods and Work and acceptance by Floortek.
3.2 Floortek reserves the right to accept or decline any order in whole or in part.
3.3 An order may not be cancelled without prior written consent of Floortek. The Client agrees to indemnify Floortek against all losses and costs associated with any cancellation.
3.4 Floortek may cancel any Contract before delivery by giving written notice to the Client and repaying any sums paid in respect of the Price. Floortek shall not be liable for any loss arising from such cancellation.
3.5 If the Client cancels delivery, the Client is liable for all losses incurred by Floortek up to the time of cancellation, including loss of profits.
4. Price and Payment
4.1 Prices quoted are subject to alteration without notice.
4.2 The purchase price plus GST is payable within seven (7) days from the date of invoice.
4.3 Floortek may require a non-refundable deposit of up to 10% of the purchase price prior to commencing work.
4.4 Interest will be charged on overdue amounts at Floortek’s then current overdraft rate, calculated daily from the due date until payment is made in full.
4.5 Where payment is overdue, Floortek may cancel incomplete Contracts or suspend delivery of Goods and Work not yet delivered.
4.6 Non-payment by the due date constitutes a breach. In addition to any other rights, Floortek may terminate the agreement, charge interest, undertake debt collection proceedings, and recover all associated costs from the Client.
5. Delivery and Risk
5.1 Delivery will be made at the Client’s expense to the Client’s premises or as otherwise instructed.
5.2 Delivery times are estimates only. Failure to deliver by an estimated time does not constitute a breach of Contract.
5.3 Floortek will not be liable for any loss, damage or delay arising from late or non-delivery, including delays caused by acts of God, industrial disputes, government action, fire, flood, or any other cause beyond Floortek’s control.
5.4 All risk in the Goods and Work passes to the Client upon delivery or collection.
6. Retention of Title
6.1 Title in the Goods and Work will not pass to the Client until payment in full has been made for all monies owed to Floortek.
6.2 Until title passes, the Client holds the Goods and Work as bailee and fiduciary for Floortek. Proceeds of any sale by the Client are held on trust for Floortek equal to the amount owing.
6.3 If the Client does not pay within the timeframe specified, Floortek is authorised to enter the Client’s premises and take possession of the Goods and Work without liability.
7. Personal Property Securities Act 2009 (PPSA)
These terms and conditions constitute a security agreement under the Personal Property Securities Act 2009 (Cth) and create a security interest in all Goods and Work (and any proceeds thereof) supplied by Floortek to the Client. The Client undertakes to promptly sign any further documents and provide any further information reasonably required by Floortek to register a financing statement on the Personal Property Securities Register (PPSR). The Client must not register any financing statement in respect of the Goods and Work in favour of a third party without Floortek’s prior written consent.
8. Security for Overdue Amounts
As security for the performance of the Client’s obligations under this agreement, the Client and any Guarantor hereby charge in favour of Floortek all real and personal property owned by them at any time, for an amount equal to all moneys owing to Floortek. The Client and Guarantor consent to Floortek lodging a caveat over any legal or beneficial interest in land owned by the Client or Guarantor. Floortek may appoint itself as the Client’s attorney for the purpose of executing and registering any documents necessary to perfect this security.
9. Defects
9.1 The Client must inspect all Goods and Work on delivery and notify Floortek of any alleged defect, shortage, damage or non-compliance within seven (7) days. Failure to notify within this period means the Goods and Work are deemed free from defect.
9.2 Where Floortek agrees a defect exists, Floortek’s liability is limited to replacement or repair at Floortek’s discretion, or as otherwise required by the Competition and Consumer Act 2010 (Cth) where applicable.
10. Latent Conditions
If a latent condition (being a physical condition on site that differs materially from what could reasonably have been anticipated by Floortek at the time of the Contract) causes Floortek to carry out additional work, deploy additional resources, or incur additional cost, Floortek is entitled to recover those additional costs from the Client.
11. Delay
Floortek is entitled to an extension of time for delays caused by the Client, variations to the Goods and Work, breach of Contract by the Client, changes in law, industrial disputes, acts of God, or any other cause beyond Floortek’s direct control. Where an extension of time is granted, the Client shall pay Floortek any extra costs necessarily incurred by reason of the delay.
12. Warranty and Liability
12.1 All conditions and warranties not expressly stated herein are excluded to the fullest extent permitted by law.
12.2 Floortek warrants that it will provide good title to the Goods and Work and that the Goods and Work will be of merchantable quality.
12.3 To the fullest extent permitted by law, Floortek is not liable to the Client for any Consequential Loss arising in connection with the supply of Goods and Work, whether arising in contract, tort, equity or statute.
12.4 The Client indemnifies Floortek against all losses, liabilities and costs incurred by Floortek in connection with the supply of Goods and Work, except where arising from Floortek’s wilful misconduct or breach of a condition that cannot lawfully be excluded.
12.5 The Law Reform (Contributory Negligence and Apportionment of Liability) Act (SA) 2001 applies to the Contract.
13. Intellectual Property
13.1 Where Floortek has designed, drawn or produced documents or specifications for the Client, copyright in those materials shall remain vested in Floortek and shall only be used by the Client with Floortek’s prior written consent.
13.2 The Client warrants that any designs or instructions provided to Floortek will not cause Floortek to infringe any patent, registered design or trademark, and agrees to indemnify Floortek against any third-party claim arising from such infringement.
14. Variations
Upon receipt of a variation claim from Floortek, the Client must confirm in writing within 5 days whether the variation is approved for payment in principle. Failure to respond within 5 days constitutes deemed approval of the variation.
15. Building and Construction Industry Security of Payments Act 2009 (SA)
At Floortek’s sole discretion, disputes or claims for unpaid Goods and/or Services may be subject to the Building and Construction Industry Security of Payments Act 2009 (SA). Nothing in this agreement is intended to contract out of any applicable provisions of that Act.
16. Default
Either party may issue a notice to show cause in the event of a substantial breach of Contract. Any such notice must allow no less than 14 clear days to respond. Substantial breach by the Client includes failure to pay, failure to provide site access, and failure to issue a certificate of practical completion without written reasons within 14 days of Floortek’s request.
17. Equipment Hire
Equipment remains the property of Floortek at all times and is returnable on demand. The Client must keep Equipment in good order, must not alter or modify it, and is responsible for its safekeeping. The Client must insure Floortek’s interest in the Equipment and indemnify Floortek against loss, damage or injury arising from its use. Floortek may charge the Client for the full cost of repairing or replacing unreturned or damaged Equipment.
18. Guarantee and Indemnity
Any Guarantor guarantees that the Client will pay all amounts owing to Floortek under this agreement when due. The guarantee is unconditional, irrevocable, joint and several, and continues until all amounts are paid in full. Floortek need not exhaust its legal rights against the Client before making a demand of the Guarantors.
19. Miscellaneous
19.1 These terms and conditions are governed by the laws of the State of South Australia.
19.2 Floortek may vary these terms and conditions at any time by written notice to the Client.
19.3 If any provision is unenforceable or illegal, it is severed and the remainder of these terms and conditions remain in force.
19.4 Failure to enforce any provision at any time does not constitute a waiver of that provision or any right to enforce it in the future.
19.5 The Client authorises Floortek to collect, retain and use personal information about the Client in accordance with the Privacy Act 1988 (Cth) for purposes including credit assessment, debt collection, and credit reporting. For further information, see our Privacy Policy.
Website Disclaimer
Information published on this website is general in nature and does not constitute a quotation, offer or formal contract. Pricing, availability, and scope of services are subject to site inspection and formal quotation. Floortek accepts no liability for any loss or damage arising from reliance on information published on this website.
Contact
For any questions regarding these terms and conditions, please contact us:
Floortek Group Pty Ltd
6/8 John Street, Mansfield Park SA 5012
Phone: 08 7134 2003
Email: enquiries@floortek.com.au
