Terms and Conditions

These terms and conditions (Terms) are set by SLE Trading Pty Ltd (ABN 19 640 361 119) (SLE Trading, we, us, our). We are a Melbourne-based building and trade supplies distributor. We supply products from a range of manufacturers and suppliers to builders, trade businesses and retail customers.

These Terms apply to your use of our website at sletrading.com.au (Website). They also apply to any quote, order, trade account or supply of goods that is arranged through the Website or that follows from an enquiry made through it.

These Terms also apply to purchases made through the Online Store.

You agree to these Terms when you use the Website, submit a quote request or contact form, apply for a trade account or place an order. If you don’t agree, please don’t use the Website.

If you use the Website or deal with us on behalf of a business, you confirm that you are authorised to accept these Terms for that business.

A Confirmed Quote you have accepted, or a credit application we have approved, may include specific terms. Where one of those specific terms conflicts with these Terms, the specific term applies to the extent of the conflict.

Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law or any other law that cannot be excluded.

If any part of these Terms is invalid or unenforceable, it will be read down to the extent needed to make it valid. If it can’t be read down, it will be severed, and the rest of these Terms will continue to apply.

In these Terms:

• ACL means the Australian Consumer Law, which is Schedule 2 of the Competition and Consumer Act 2010 (Cth).
• Business Day means a day that is not a Saturday, a Sunday or a public holiday in Melbourne, Victoria.
• Confirmed Quote means a quote we have confirmed in writing under clause 5.3.
• Consumer has the meaning given in the ACL. Whether you are a consumer depends on the law. It does not depend on whether you hold a trade account or an ABN.
• Customer, you and your mean the person or business that uses the Website, requests a quote, applies for a trade account or buys Goods from us.
• Goods means the products we supply to you.
• Insolvency Event means that a person becomes bankrupt, enters liquidation, administration or receivership, enters any similar arrangement with creditors, or is unable to pay its debts as and when they fall due.
• Online Store means the online store on the Website, where Goods can be bought through the online checkout.
• Order means a contract for the supply of Goods formed under clause 6.
• PPSA means the Personal Property Securities Act 2009 (Cth).
• Quote Request means a request, made through the Website or any other way, for us to price Goods.
• Supplier means a manufacturer, supplier or brand owner whose products we distribute.
• Supplier Website means a website operated by a Supplier or any other third party that is linked from the Website.
• Trade Account means a trade account approved under clause 8.

In these Terms, “including” means including without limitation. “In writing” includes email and text message.

You can use the Website to learn about our product range and Suppliers, buy Goods through the Online Store, request quotes, contact us and apply for a Trade Account.

You must not:

• use the Website for any unlawful purpose;
• submit false or misleading information, or information about another person without their permission;
• try to gain unauthorised access to the Website, interfere with how it works, or introduce viruses or other harmful code;
• copy, scrape or harvest content or data from the Website by automated means without our written consent; or
• use contact details on the Website to send unsolicited marketing.

We may update, change or temporarily suspend the Website, for example for maintenance. We aim to keep the Website available and accurate, but we can’t promise it will always be uninterrupted or error-free.

If you breach clause 3.2, we may block your access to the Website.

Product information on the Website is a general guide to our range. Most detailed product information comes from our Suppliers, including specifications, installation instructions, compliance details and safety data.

We take reasonable care to keep product information accurate and up to date. However, dimensions and specifications can change, and Suppliers sometimes change their products, packaging and ranges without telling us. We update the Website promptly when we become aware of a change. Before you order, or before you rely on a product for a particular use, please check the current details with us or with the Supplier.

We may change or discontinue products or ranges shown on the Website at any time. This does not affect an Order that has already been formed. If Goods in your Order are discontinued, clause 6.4(a) applies.

Images are for illustration only. Actual Goods may differ from images or descriptions in colour, finish, texture, size or packaging. This is especially likely for natural materials, and because screens display colours differently. If a difference matters to you, ask us before you order. If the Goods we supply don’t match the description in your Order, your rights under clauses 11 and 12 apply.

Supplier Websites are third-party sites. We don’t control them, and we aren’t responsible for their content, accuracy, availability, privacy practices or security. A link to a Supplier Website is not an endorsement of everything on that site. Your use of a Supplier Website is governed by that site’s own terms.

Information on the Website is general. It is not engineering, building or other professional advice. You are responsible for checking that Goods suit your project and meet the building codes, standards and regulations that apply to it, and for following the Supplier’s installation instructions. This clause doesn’t affect your rights under the ACL, including where you tell us the particular purpose you need Goods for and rely on our advice.

A Quote Request asks us to contact you. It is not an order, and it doesn’t create a contract. Neither of us is bound by it.

After you submit a Quote Request, we will contact you to confirm the products, quantities, pricing, availability, and delivery or pickup details.

A quote is not binding until we confirm it in writing. A Confirmed Quote is our offer to supply the Goods on the terms it sets out.

Unless the quote says otherwise, a quote is valid for [you fill this in: how many days a quote stays valid] from the date we issue it.

Before a quote is confirmed, prices and availability may change. This can happen because of Supplier price changes, stock levels or freight costs. If that happens, we will tell you and issue an updated quote. You don’t have to accept it.

Our quotes are based on the information you give us, such as quantities, dimensions, specifications and delivery address. If that information is wrong or changes, we may need to issue a new quote. You don’t have to accept the new quote.

All orders must be placed in writing. We don’t accept verbal orders. If we discuss your order by phone, we will ask you to confirm it in writing. You can place an order in any of these ways:

• by accepting a Confirmed Quote in writing within its validity period;
• by emailing us an order that includes the product name and product code for each item; or
• by completing the checkout in the Online Store.

A binding Order is formed at one of these points:

• for an order under clause 6.1(a), when you accept the Confirmed Quote within its validity period;
• for an order under clause 6.1(b), when we confirm your order in writing or supply the Goods, whichever happens first; or
• for an order under clause 6.1(c), when we send you our order confirmation email.

Until an Order is formed, we may decline any request to supply Goods. For example, we may decline because stock is unavailable, because we can’t deliver to your area, because your account is overdue or over its credit limit, or because we can’t verify your details. If we decline, we will tell you and refund any payment you have made in full.

Once an Order is formed, we may cancel all or part of it only in these cases:

• the Goods are unavailable from the Supplier or have been discontinued, and you haven’t agreed to a substitute;
• the Order contains an obvious error in price or description that a reasonable person would recognise, such as a typing error. In that case we will first offer you the Goods at the correct price, and you can choose to go ahead or cancel;
• you haven’t paid an amount that is due to us, we have given you written notice, and you haven’t paid within 5 Business Days after that notice;
• we reasonably suspect fraud or unauthorised use of your account; or
• you suffer an Insolvency Event.

If we cancel all or part of an Order, we will tell you as soon as practicable. We will refund everything you have paid for the cancelled Goods within 10 Business Days, using the original payment method where possible. We won’t charge a cancellation fee.

You may cancel an Order by telling us in writing before the Goods are dispatched or collected. We will refund what you have paid in full, with one exception. For custom-made or special-buy items, you must pay the reasonable costs we have already incurred and can’t recover, such as Supplier charges we can’t avoid. We will show you those costs before we deduct them.

We will only supply substitute Goods if you agree to them.

Prices shown on the Website include GST. Quoted prices: [you fill this in: whether prices are quoted including or excluding GST]

Prices published on the Website are recommended prices and are a guide only. They are not an offer. The price you pay is the price in your Order: the Online Store checkout price, your Confirmed Quote, or our written confirmation of your order.

Once an Order is formed, its price is fixed. It will only change if:

• you agree to the change in writing; or
• you ask to change the Order, such as the Goods, quantities, delivery address or timing. In that case, we will give you the updated price before we go ahead, and you can choose not to proceed with the change.

If you ask us to dispatch Goods in special packaging, we will tell you the cost before dispatch and add it to your invoice.

Delivery charges are dealt with in clause 10.

Online Store orders are paid at checkout, using the payment methods shown there. For other orders, if you don’t have approved trade credit, you must pay at the time stated in your Confirmed Quote or invoice. If no time is stated, you must pay before the Goods are dispatched or collected.

We will give you a tax invoice for each supply.

A payment is not treated as received until the funds have cleared.

You can apply for a Trade Account through the Website. Trade Accounts are for businesses that buy Goods for use in their trade or business. We may ask for information we reasonably need to assess your application, such as your ABN and business details.

We approve Trade Accounts at our discretion. We will tell you whether your application has been approved or declined.

A Trade Account does not by itself give you credit. Credit is covered in clause 9.

You must give us accurate and complete information. You must also tell us in writing within 14 days if any of the following change: your business name, structure or ownership, your ABN, your address or contact details, or the people authorised to order on your account.

You are responsible for Orders placed on your account by your employees and by anyone else you authorise. If someone is no longer authorised, tell us in writing. You won’t be responsible for Orders that person places after you have told us.

We may suspend your Trade Account, which means we stop accepting new Orders on it, if:

• an amount on your account is overdue;
• information you gave us is materially false or misleading;
• you materially breach these Terms and don’t fix the breach within 14 days after we notify you in writing;
• you suffer an Insolvency Event; or
• we reasonably suspect fraud.

If we suspend your account, we will tell you in writing why and what is needed to lift the suspension. We will lift it promptly once the issue is fixed.

You may close your Trade Account at any time by telling us in writing. We may close your Trade Account by giving you at least 30 days’ written notice. We may also close it with shorter notice if a suspension ground in clause 8.6 applies and hasn’t been fixed within the reasonable time we specified in writing.

Closing a Trade Account does not affect amounts you already owe. For Orders already formed when an account is closed, we will either complete them on their existing terms or, if you prefer, cancel them and refund in full anything you have paid for them. If we close your account on notice under clause 8.7 when no suspension ground applies, we will complete Orders already formed on their existing terms.

Trade credit: [you fill this in: whether trade accounts include credit, and if so the payment terms, e.g. 30 days from end of month, and any late payment interest]

This clause 9 applies only if we have approved you for trade credit in writing. Trade credit is also subject to a separate credit application, which sets out your credit limit and any guarantee we require. Any personal guarantee is dealt with in that separate credit application. It is not part of these Terms.

You must pay each invoice by its due date under clause 9.1 or as stated on the invoice. We may decline Orders that would take your account over its credit limit. We may reduce your credit limit for future Orders by giving you at least 14 days’ written notice, or shorter notice if a ground in clause 8.6 applies.

If you don’t pay an invoice by its due date, we may:

• charge late payment interest, but only if and as provided for in clause 9.1 and your credit application;
• suspend your account under clause 8.6; and
• after giving you written notice, recover the reasonable costs we actually incur in collecting the overdue amount, including reasonable debt collection and legal costs.

If you dispute an invoice, tell us in writing with your reasons. Pay the undisputed part by the due date. We won’t charge late payment interest on the disputed amount while we work through the dispute in good faith.

Retention of title:

• We keep ownership of Goods until you have paid in full for those Goods, including the GST and delivery charges for them.
• Risk in the Goods passes to you under clause 10, even while we still own them.
• Until you have paid for the Goods, you hold them for us. Where reasonably practicable, you must store them so they can be identified as ours. You may use them or resell them in the normal course of your business.
• If you resell Goods before you have paid for them, you hold the proceeds of that sale for us, up to the amount you owe us for those Goods.
• This paragraph applies if a payment is overdue and still unpaid 10 Business Days after we give you written notice, or if you suffer an Insolvency Event. In either case we may recover Goods that are still identifiable and haven’t been built into a building or structure. You authorise us to enter the place where the Goods are kept to collect them. We will only enter during business hours, after giving you reasonable notice, and we will take reasonable care not to damage property. We will credit your account with the invoiced price of any Goods we recover, less the reasonable costs of recovering them.

PPSA:

• These Terms and your credit application create a security interest in Goods we supply to you on credit, and in the proceeds of those Goods, to secure payment. Where the Goods have not been paid for, this includes a purchase money security interest.
• We may register our security interest on the Personal Property Securities Register. You must sign any documents and give us any information we reasonably need for that registration.
• You must tell us promptly in writing of any change to your name, ABN or other details that would affect our registration.
• To the extent the PPSA allows, you waive your right to receive a verification statement. You also agree that the PPSA provisions the parties are permitted to exclude by agreement, covering enforcement and the giving of notices, do not apply.
• You must not grant anyone else a security interest in Goods you haven’t paid for that would rank ahead of ours.
• When you have paid in full and no further credit is being provided, we will remove our registration within a reasonable time after you ask us to.

Delivery and pickup: [you fill this in: delivery areas, how delivery charges are worked out, and pickup location and hours]

Delivery charges apply to orders below our minimum order amount. Any delivery charge will be shown at checkout, or in your Confirmed Quote or Order confirmation, before you are bound.

If you don’t ask for a specific delivery date, we will dispatch your Order as promptly as possible. Delivery dates are estimates, because they depend on Supplier lead times and carriers. We will keep you updated and tell you promptly about any delay. If delivery is more than 10 Business Days later than the estimated date we gave you, you may cancel the undelivered part of the Order and receive a full refund of anything you have paid for it.

If not all Goods in your Order are in stock, we may deliver the Order in parts. We will tell you when this happens. If you would rather wait until the whole Order can be delivered together, let us know. We will tell you before any extra delivery charge applies.

You must provide safe and suitable access for the delivery vehicle. You must also have someone available to receive the Goods, or tell us where to leave them. Our driver may decline to unload where it is unsafe to do so. If a delivery fails because of access problems, or because no one was available and you gave us no instructions, we may charge the reasonable cost of redelivery. We will tell you that cost before we rebook the delivery.

If you ask us to leave Goods unattended, we will leave them where you tell us and may photograph them as proof of delivery.

If someone other than you will collect Goods, tell us in advance.

Risk passes to you when either of the following happens:

• the Goods are delivered to the delivery address, meaning unloaded or left as you instructed; or
• the Goods are collected by you or your carrier.

From that point you are responsible for loss or damage to the Goods, and you should insure them. The passing of risk does not affect your ACL rights for Goods that were faulty or damaged before risk passed.

Please check the contents of every parcel on delivery or pickup. Note any visible damage or shortage on the delivery docket where you can. Also tell us in writing within 2 Business Days of receipt, with photos if possible. This lets us claim from the carrier or Supplier quickly and put things right. If you tell us later, we will still consider your claim, and your ACL rights are not affected.

If Goods are faulty, don’t match their description, or are not of acceptable quality, your rights under the ACL apply (see clause 12). The change-of-mind conditions and the handling fee in this clause do not apply to those Goods.

Change-of-mind returns must be arranged with us within 7 days of delivery. When a change-of-mind return is accepted, we deduct a handling fee from the refund or credit. The fee is 20% of the price of the returned Goods or the amount of the original delivery fee, whichever is greater.

We can’t accept change-of-mind returns of the following Goods:

• Goods that have been used or installed;
• Goods where installation has been attempted; or
• custom-made or special-buy products.

If any of these Goods are faulty, your ACL rights still apply.

For a change-of-mind return:

• you must provide proof of purchase;
• the Goods must be in fully saleable condition, in their original packaging, with no damage or markings on either the product or the packaging;
• you must return all original items, including packaging; and
• you must package the Goods well enough to prevent damage on the way back to our warehouse.

We aren’t required by law to accept change-of-mind returns. This is our policy, and it is in addition to your legal rights.

We will issue a refund or credit for a change-of-mind return once the Goods have arrived at our warehouse and we have inspected them and confirmed they meet this clause.

To make a claim for faulty Goods, contact us with your proof of purchase and a description of the problem, with photos if possible. We may need to inspect the Goods or have the Supplier assess them. We will deal with your claim without unnecessary delay. If returning the Goods would cost you a significant amount, for example because of their size or weight or because they have been installed, we will collect them or arrange an inspection at our cost.

Refunds are paid using the original payment method where possible.

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

In plain terms: if there is a major failure, you can choose a refund or a replacement. If the failure is not major, we will fix it within a reasonable time by repairing or replacing the Goods, or by refunding you.

We don’t assume that trade customers are not consumers. Many purchases made by builders and trade businesses are covered by the consumer guarantees.

This clause applies to Goods that are not of a kind ordinarily acquired for personal, domestic or household use or consumption. For those Goods, to the extent the law allows, our liability for failing to comply with a consumer guarantee is limited to one of the following, at our option:

• replacing the Goods or supplying equivalent Goods;
• repairing the Goods;
• paying the cost of replacing the Goods or acquiring equivalent Goods; or
• paying the cost of having the Goods repaired.

This limit does not apply to the guarantees about title, undisturbed possession and undisclosed securities. It also does not apply where the law says it isn’t fair or reasonable for us to rely on it.

If you are not a consumer, the consumer guarantees do not apply. To the extent the law allows, any warranty or condition implied by law is excluded, and our liability for defective Goods is limited as set out in clause 12.4.

Our warranty

In addition to your rights under the ACL, we warrant that Goods bought directly from us will be free from defects for 12 months from the date of purchase (warranty period). If Goods become defective during the warranty period, we will repair or replace the defective part or product free of charge. We, or the manufacturer, will decide whether to repair or replace.

We may replace a defective part or product with a similar part or product in current production, as long as it is of similar quality.

This warranty applies only if:

• you provide documentary proof of purchase;
• the Goods were bought directly from SLE Trading;
• the claim is made by the original purchaser, because this warranty can’t be transferred;
• the Goods have been used only for the purpose they were designed for; and
• the installation instructions were followed.

This warranty does not cover:

• normal wear and tear, accidents, negligence, alteration or misuse;
• damage caused by abrasive cleaners, or by not following the care instructions in clause 13;
• damage in transit after risk has passed to you under clause 10.8, for example when your own carrier collects the Goods;
• damage to returned Goods while they are in the care of you or your agent;
• damage caused by unauthorised repairs, or by the use of non-standard spare parts;
• damage caused by impurities in pipes, including hard water;
• imperfections that are a natural characteristic of the materials;
• defects or damage caused by abnormal use, improper installation, incorrect servicing, or modification, tampering or conversion; or
• other damage that is not the fault of SLE Trading.

To claim under this warranty, contact us within the warranty period using the details in clause 19, with your proof of purchase and a description of the defect (photos help). We cover the cost of repairing or replacing Goods under this warranty. You cover the cost of making the claim, such as getting the Goods to us, unless clause 11.6 applies or the ACL requires us to bear that cost. This warranty does not cover labour costs, including installation, uninstallation, consultants or technical advisers, unless we have authorised them in writing beforehand.

The conditions and exclusions in clauses 12.8 to 12.10 apply only to our warranty. They do not limit your rights under the ACL. Those rights can still apply after the warranty period ends, and they can include compensation for reasonably foreseeable loss.

Manufacturer warranties

Some Goods also come with a manufacturer’s warranty from the Supplier. That warranty is given by the Supplier, not by us. It is in addition to your ACL rights, and its terms are set out in the Supplier’s documentation or on the Supplier Website. You can claim directly from the Supplier, and we are happy to help you make a claim.

We do not give any warranty about the Goods beyond your legal rights, the warranty in clauses 12.6 to 12.11, and any warranty we give you in writing.

Clean tapware only with water, a mild neutral soap and a soft, non-abrasive cloth. Never use abrasive products or acidic detergents.

In areas where the water has high lime levels, dry tapware surfaces well after each use. This is especially important for gold, bronze and nickel finishes.

If the lime level in your water is higher than average, use a decalcifying agent or a suitable filter. Otherwise, regular maintenance is essential.

Always follow the Supplier’s care and installation instructions. Damage caused by not following care instructions may not be covered by our warranty (see clause 12.9). Your ACL rights are not affected.

Nothing in these Terms limits or excludes:

• your rights under the ACL or any other law that cannot be excluded; or
• our liability for loss caused by our negligence, fraud or wilful misconduct, except to the extent clause 12.4 lawfully limits that liability for the Goods it covers.

Subject to clauses 12 and 14.1, we are not liable for loss to the extent it is caused by:

• your acts, omissions or breach of these Terms. This includes misuse, incorrect installation, not following the Supplier’s instructions, or using Goods for a purpose they weren’t made for, unless you told us the purpose and we said the Goods were suitable for it;
• Supplier Websites or other third-party websites; or
• events beyond our reasonable control, such as carrier delays, severe weather, natural disasters, industrial action or Supplier failures, where we have taken reasonable steps to reduce their effect.

Where you buy as a business, and to the extent the law allows, neither party is liable to the other for indirect or consequential loss. This includes loss of profit, loss of revenue, lost business opportunities and liquidated damages under your own contracts. This clause does not apply to loss caused by the other party’s negligence, fraud or wilful misconduct.

Each party must take reasonable steps to reduce any loss it suffers. Each party’s liability is reduced to the extent the other party caused or contributed to the loss.

The content of the Website, including text, layout, graphics, our logo and photographs we have produced, is owned by or licensed to us. Supplier names, logos, trade marks and product images belong to the relevant Supplier or owner.

You may view, download and print Website content for your own personal use or internal business use. This includes evaluating products or sharing information with your client about a project. You must not otherwise copy, modify or commercially use Website content without our written consent.

You keep ownership of any plans, drawings or other material you send us. You give us permission to use that material to respond to you, prepare quotes and supply Goods. You confirm that you are entitled to share it with us.

We collect personal information when you use the Website, buy through the Online Store, submit a form or apply for a Trade Account. We handle it in line with our Privacy Policy.

We may share relevant details with Suppliers or carriers where needed to price, source or deliver your Goods, as set out in our Privacy Policy.

If you apply for trade credit, the credit application will explain what information we collect and any credit checks we carry out. It will ask for your consent where consent is required.

We may update these Terms from time to time, for example to reflect changes in the law, our services or the Website. We will post the updated Terms on the Website with a new “Last updated” date.

Changes apply only to Website use, Quote Requests and Orders made after the change date. They do not change Orders that were already formed before that date.

If you hold a Trade Account, we will give you at least 30 days’ written notice, by email, of any material change before it applies to your account. If you don’t agree with the change, you may close your account without any fee before the change takes effect. Amounts you already owe remain payable on their existing terms.

These Terms are governed by the laws of Victoria, Australia.

Each party submits to the non-exclusive jurisdiction of the courts of Victoria and the courts that can hear appeals from them.

If a dispute arises, tell the other party in writing, with details of the dispute. Both parties will then make a genuine effort to resolve it within 20 Business Days. This includes a meeting or call between people who have authority to settle the dispute.

If the dispute isn’t resolved within that time, either party may refer it to mediation. The mediation may be run by the Victorian Small Business Commission, by the NSW Small Business Commissioner for customers based in New South Wales, or by another mediator both parties agree on. Each party pays its own costs, and the mediator’s fees are shared equally.

Nothing in this clause stops either party from seeking urgent relief from a court, or from starting proceedings to recover an undisputed debt. It also doesn’t stop you from contacting Consumer Affairs Victoria or NSW Fair Trading, or applying to a tribunal such as VCAT or NCAT.

For questions about these Terms, or to make a warranty or returns claim, contact:

SLE Trading Pty Ltd
ABN 19 640 361 119
Address: [you fill this in: street address]
Phone: 0485 019 409
Email: info@sletrading.com.au
Website: sletrading.com.au