TERMS & CONDITIONS

  1. DEFINITION & INTERPRETATION

  1. ”Goods” means any building materials, components, consumables or other products supplied by BM Sydney.

  2. “GST” means GST as defined in a New Tax System (Good and Services Tax) Act 1999 (Cth) and includes any other GST related legislation.

  3. BM Sydney” shall mean BM Sydney Building Materials Pty Ltd, its successors and assigns.

  4. Unless otherwise inconsistent with the context the word “person” shall also means corporation.

  5. Headings are for convenience only and do not affect interpretation. Words importing the singular include the plural and vice-versa.

  6. Words importing the singular number shall be deemed to include the plural and vice versa. Words importing the male gender shall be deemed to include the female and neuter gender and vice versa.


  1. OFFER ACCEPTANCE, AND CANCELLATION OF ORDERS

  1. Quotation made by BM Sydney is not an offer to sell or to provide goods and remain valid for 7 days unless withdrawn earlier.

  2. BM Sydney is not bound by any order from any quotation until BM Sydney issue a written acceptance or begin to dispatch the Goods.

  3. Once accepted, an order may be cancelled or varied with only BM Sydney’s written consent; the Purchaser must pay all costs reasonably incurred to the date of cancellation including but not limited to transportation charges and restocking fee of 20%.

  4. Plaster, special-order or non-stock Goods are firm once accepted and may not be cancelled. If BM Sydney agreed to cancellation, it would be subject to you paying for all associated costs and charges incurred by BM Sydney in the production or supply of the goods.

  5. Any terms and conditioned contained in any order, offer, acceptance or other document of the purchaser and all representations, statement, terms and conditions and warranties (whether implied by statute or otherwise) not contained herein are expressly excluded to the fullest extent permitted by law.


  1. PRICES AND PAYMENT

  1. Prices are subject to change without notice. Goods are invoiced at the price current at the date of dispatch unless otherwise agreed in writing.

  2. Payment terms are COD (Cash on Delivery) unless credit facility has been approved. For approved accounts, payment is due within the term specified in the credit facility.

  3. BM Sydney reserve the right to charge a surcharge of 1.2% (Visa & Mastercard) and 2% (Amex) on credit card payments.

  4. Time for payment is of the essence and issuance of invoice is a claim for payment under Building and Construction Industry Security of Payment Act 1999 (NSW).



  1. DELIVERY & PICK UP

  1. Delivery times are estimates only. BM Sydney endeavors to deliver on specified time. However, BM Sydney is not liable for any delay or failure to delivery on the specified time. 

  2. Deliveries may be made in part. Partial delivery does not entitle the Purchaser to cancel the remainder of the order. 

  3. The Purchaser must inspect Goods upon delivery and notify BM Sydney in writing with supporting photographs within 48 hours of any shortages or damages. Failing such notice, goods will be deemed accepted.

  4. For pick-up of Goods, BM Sydney does not assume any responsibility for any damage to goods, vehicles, or injuries that may occur during the loading/unloading process. By requesting assistance with loading, Purchaser is required to be at present at their vehicle and acknowledge and accept full responsibility for any potential risk.  


  1. TITLE

  1. Notwithstanding the delivery of the Goods or part thereof title to Goods does not pass until we receive full payment for all the Goods.

  2. The Purchaser acknowledges, until then, it:

  • hold the Goods as bailee;

  • must store them separately and clearly marked;

  • must secure the goods from risk, damage and theft; 

  • if goods are for sale, may sell them in the ordinary course of business, but hold proceeds on trust for BM Sydney to the extent of the unpaid balance; and

  • if goods are used in construction process of its own or some third party, hold such part of the proceeds of the construction as relates to the Goods in trust for BM Sydney.

  1. In the event of default, BM Sydney is hereby irrevocably authorized by the Purchaser to enter the Purchaser’s premises or any premises under the control of the Purchaser as agent and use reasonable force to take possession of the Goods without liability for the tort of trespass, negligence or payment of any compensation to the Purchaser whatsoever.

  2. On retaking possession of the goods BM Sydney may elect to refund to the Purchaser any part payment that may have been made and to credit the Purchaser’s account with the value of the Goods less any charge for recovery of the Goods, or to resell the Goods.


  1. RISK

  1. Risk in the Goods passes to the Purchaser upon dispatch from BM Sydney’s warehouse or upon delivery. The Goods shall remain at the Purchaser’s risk at all times unless and until BM Sydney retakes possession of the Goods pursuant to these terms and conditions.


  1. CLAIMS AND WARRANTY

  1. To the extent permitted by law, BM Sydney excludes all implied warranties except those that cannot be lawfully excluded.

  2. BM Sydney’s liability is limited to replacement of the Goods or refund or reimbursement up to the value of the Goods supplied.

  3. Claims must be made in writing with supporting evidence such as photograph within 7 days of delivery or the claim will be deemed waived.

  4. This warranty excludes:

  1. Damage caused by improper use or installation:

  2. Labour for installation or removal of Goods and any transport costs for return of Goods for refund;

  3. Goods not under BM Sydney’s brand (BM Sydney will pass on any applicable manufacturer’s warranty).

  1. To the extent permitted by law, the Purchaser’s sole recourse and BM Sydney sole liability for defective goods or damage goods in transit is for the replacement of the goods subject to and in accordance with this warranty and these Terms and Conditions.


  1. DEFAULT & RECOVERY

  1. In the event of default, Purchaser becomes insolvent or cease trading, BM Sydney may:

  1. suspend or cancel any order or supply;

  2. demand immediate payment of all monies owing;

  3. vary the terms of the Credit Account;

  4. charge interest at the rate of 1.5% per month on daily balance until overdue amount is paid;

  5. enter property to repossess Goods;

  1. Without prejudice to any other right or remedy the Purchaser shall indemnity BM Sydney against any costs, fees, charges and disbursements charged by any solicitor engaged for the purpose of the collection or recovery of monies due and payable by the Purchaser to BM Sydney on an indemnity basis and any fees, charges, disbursements or commissions charged by any mercantile agency or debt collecting firm.


  1. FORCE MAJEURE

  1. BM Sydney is not liable for any failure or delay in performance caused by circumstances beyond its reasonable control including but limited to shortage or raw materials, strikes, transport breakdown, weather or government action.


  1. GST

  1. Prices are quoted exclusive of GST unless otherwise stated. The Purchaser must pay GST in addition to the purchase price. 

  2. A valid tax invoice will be issued in accordance with GST legislation.


  1. TRUSTS

  1. If the Purchaser acts as a trustee and whether or not BM Sydney has notice of the Trust, the Purchaser is personally liable under this Agreement and warrants it is properly authorized and empowered under the trust deed.

  2. The Purchaser must not do anything that could prejudice its indemnity rights or the trust assets without BM Sydney’s prior written consent.

  3. The Purchaser warrants its complete, valid and unfettered power to enter into this Agreement pursuant to the provisions of the Trust including power to obtain the credit facilities from BM Sydney.





  1. GOVERNING LAW

  1. These terms and conditions are governed by the law of New South Wales. The parties submit to the non-exclusive jurisdiction of its courts.


  1. ENTIRE AGREEMENT & VARIATION

  1. These terms (and any authorized credit agreement) constitute the entire agreement. The parties agree that they may be amended only in writing signed by an authorized BM Sydney officer.


  1. NOTICES

  1. Any notices or communications may be served by prepaid post or email to the Purchaser’s address stated in credit application form and/or the last known address of the Purchaser. And, will be deemed received two business days after posting or at time of email delivery unless failed delivery notice is received.