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Terms & Conditions

Introduction

These Terms and Conditions of Trade apply to the supply of Goods and/or Services by, and the provision of Platform services by, BidCrete Pty Limited, BidPump Pty Limited and BidSteel Pty Limited (collectively, “The Bid Group” and each individually, “Bid Group Company”).

The particular Bid Group Company that is the contracting party for a transaction will be identified in the applicable bid, quotation, order confirmation, invoice, booking confirmation or other transaction document provided to the Client. The relevant Bid Group Company identified in that document is the contracting party for that transaction and is solely responsible for the rights and obligations arising under that transaction, except to the extent expressly stated otherwise in these Terms and Conditions.

Each Bid Group Company is a separate legal entity. A reference in these Terms and Conditions to “the Bid Group” is a reference to the Bid Group Companies collectively and does not create any joint liability, partnership, agency or other relationship between the Bid Group Companies, except as expressly provided in writing.

By placing an order for, accepting delivery of, or otherwise obtaining Goods and/or Services from the Bid Group Company, the Client acknowledges and agrees to be bound by these Terms and Conditions.

Contracting Relationship

Where BidCrete Pty Limited provides Goods and/or Services to a Client through the BidCrete Platform, BidCrete is the contracting party and supplier to the Client in respect of the relevant accepted bid. BidCrete may source, purchase or arrange the Goods and/or Services from one or more third-party suppliers for the purpose of fulfilling the bid. The Client’s contract for the Goods and/or Services is with BidCrete and not directly with the third-party supplier, unless the bid expressly states otherwise.

The Client acknowledges that a third-party supplier may manufacture, provide, transport or deliver the Goods and/or Services on BidCrete’s behalf. Any supplier-specific terms, conditions, charges or requirements identified in the bid or incorporated into these Terms apply to the Client’s order and form part of the contract between BidCrete and the Client.

  1. Definitions

  1. “Acknowledgment Document” means the document signed by the Client in conjunction with these Terms and Conditions of Trade and applicable if the Bid Group Company elects, whereby the Client acknowledges the extent and effect of the provision of security the Client provides to the Bid Group Company in consideration of the provision of Goods or Services.
  2. “Accepted bid” means a bid submitted to the Client through the BidCrete platform which the Client has accepted, whether by selecting an acceptance function within the BidCrete platform, by email, in writing, by verbal instruction or by any other method approved by BidCrete. An Accepted Bid constitutes the Client’s agreement to proceed with the order on the basis of the Goods or Services, quantities, specifications, delivery arrangements, prices, charges and other terms specified in the Bid, together with these Terms and any supplier-specific terms, conditions or charges expressly incorporated into the Bid. Each Accepted Bid forms a separate contract between BidCrete and the Client and incorporates the supplier-specific terms, conditions and charges stated in or expressly incorporated into that Bid.
  3. “Apps” refers to BidCrete’s online mobile application and online desktop application (see the definition of Platform below).
  4. “Bid” means the Client’s order and forms part of the contract between BidCrete and the Client.
  5. “Bid Group Company” means BidCrete Pty Limited, BidPump Pty Limited or BidSteel Pty Limited, as identified in the bid, accepted bid, quotation, order, invoice, booking confirmation or other transaction document.
  6. “BidCrete” means BidCrete Pty Limited, its successors and assigns or any person acting on behalf of and with the authority of BidCrete Pty Limited.
  7. “BidPump” means BidPump Pty Limited, its successors and assigns or any person acting on behalf of and with the authority of BidPump Pty Limited.
  8. “BidSteel” means BidSteel Pty Limited, its successors and assigns or any person acting on behalf of and with the authority of BidSteel Pty Limited.
  9. “Client” means the person/s, entities or any person acting on behalf of and with the authority of the Client requesting the Bid Group Company to provide the Goods and/or Services as specified in any bid, accepted bid, proposal, quotation, order, invoice, or other documentation, and: (a) if there is more than one Client, is a reference to each Client jointly and severally; and (b) if the Client is a partnership, it shall bind each partner jointly and severally; and (c) if the Client is on behalf of or part of, a Trust shall be bound in its own capacity as a trustee; and (d) includes the Client’s executors, administrators, successors, and permitted assigns.
  10. “Confidential Information” means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this Contract, either party’s intellectual property, operational information, know-how, trade secrets, financial and commercial affairs, Contracts, client information (including but not limited to, “Personal Information” such as: name, address, date of birth, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history) and pricing details.
  11. “Contract” means the terms and conditions contained herein, together with any accepted bid, quotation, order, invoice or other document or amendments expressed to be supplemental to this Contract.
  12. “Cookies” means small files which are stored on a user’s computer. They are designed to hold a modest amount of data (including Personal Information) specific to a particular client and website and can be accessed either by the web server or the client’s computer. If the Client does not wish to allow Cookies to operate in the background when using BidCrete’s website, then the Client shall have the right to enable / disable the Cookies first by selecting the option to enable / disable provided on the website, prior to making enquiries via the website.
  13. “Goods” means all Goods supplied by the Bid Group Company to the Client at the Client’s request from time to time.
  14. “GST” means Goods and Services Tax as defined within the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
  15. “BidCrete Platform” means the digital marketplace operated by BidCrete, including the mobile application and desktop application (collectively called ‘the Apps’), website, software, interfaces, systems and related services, for the Client to place orders and arrange delivery with the Bid Group Company acting solely as the disclosed commercial agent of participating suppliers unless expressly stated otherwise.
  16. “Price” means the Price payable (plus any GST where applicable) for the Goods or Services as agreed between the Bid Group Company and the Client in accordance with clause 8 below.
  17. “Services” means facilitating transactions between Clients and suppliers including Services supplied by the Bid Group Company to the Client at the Client’s request from time to time together with the operation of the Platform, arranging orders, payment processing, customer support and logistics coordination.
  18. “Standard Waiting Time” means the period allowed by the relevant supplier for unloading the Goods at the Delivery site before waiting time charges become payable by the Client, as specified in the supplier’s quotation or booking confirmation.

  1. Acceptance

  1. The parties acknowledge and agree that: (a) they have read and understood the terms and conditions contained in this Contract; and (b) the parties are taken to have exclusively accepted and are immediately bound, jointly and severally, by these terms and conditions if the Client places an order for or accepts delivery of the Goods.
  2. In the event of any inconsistency between the terms and conditions of this Contract and any other prior document or schedule that the parties have entered into, the terms of this Contract shall prevail.
  3. Any amendment to the terms and conditions contained in this Contract may only be amended in writing by the consent of both parties.
  4. The Client acknowledges and accepts that the supply of Goods on credit shall not take effect until the Client has completed a credit application with a Bid Group Company and it has been approved with a credit limit established for the account.
  5. In the event that the supply of Goods requested exceeds the Client’s credit limit and/or the account exceeds the payment terms, the Bid Group Company reserves the right to refuse delivery.
  6. Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 14 of the Electronic Transactions (Queensland) Act 2001 or any other applicable provisions of that Act or any Regulations referred to in that Act.

  1. Authorised Representative

  1. The Client acknowledges and agrees that the Bid Group Company shall (for the duration of the Services) liaise directly with one (1) authorised representative of the Client, and that once appointed, that person shall have the full authority of the Client to order any Goods and Services and/or to request any variation on the Client’s behalf. The Client accepts that they will be solely liable for any additional costs or losses incurred by the Bid Group Company (including the Bid Group Company’s profit margin) in providing any Goods and Services or variation/s requested by the Client’s duly authorised representative.

  1. Errors and Omissions

  1. The Client acknowledges and accepts that the Bid Group Company shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s): (a) resulting from an inadvertent mistake made by the Bid Group Company in the formation and/or administration of this Contract; and/or (b) contained in/omitted from any literature (hard copy and/or electronic) supplied by the Bid Group Company in respect of the Services.
  2. In circumstances where the Client is required to place an order for Goods, in writing, or otherwise as permitted by these terms and conditions, the Client is responsible for supplying correct order information such as, without limitation, measurements and quantity, when placing an order for Goods (whether they are made to order Goods or not) (“Client Error”). The Client must pay for all Goods it orders from the Bid Group Company notwithstanding that such Goods suffer from a Client’s Error and notwithstanding that the Client has not taken or refuses to take Delivery of such Goods.  The Bid Group Company is entitled to, at its absolute discretion, to waive its right under this sub-clause in relation to Client Errors.

  1. Change in Control

  1. The Client shall give the Bid Group Company not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address, contact phone or fax number/s, change of trustees, or business practice). The Client shall be liable for any loss incurred by the Bid Group Company as a result of the Client’s failure to comply with this clause.

  1. On-Line Ordering

  1. The Bid Group Company does not guarantee the App’s performance as the mobile application and/or desktop application may be unavailable from time to time for regularly scheduled maintenance, upgrades, cyber-attack, telecommunications failure, internet outage or cloud service failure.
  2. There are inherent hazards in electronic distribution, and as such the Bid Group Company cannot warrant against delays or errors in transmitting data between the Client and the Bid Group Company, and the Client agrees that to the maximum extent permitted by law, the Bid Group Company will not be liable for any losses which the Client suffers as a result of the Apps or Platform not being available.

  1. Platform Services

  1. The Client acknowledges that the Bid Group Company does not guarantee the performance, solvency or continued operation of any supplier. Where a supplier becomes insolvent, ceases trading or otherwise fails to fulfil an accepted order, the Bid Group Company’s liability is limited to refunding any monies actually held by the Bid Group Company on behalf of the supplier that has not already been remitted to that supplier.
  2. The Client acknowledges and agrees that: (a) the Bid Group Company acts solely as a disclosed agent for participating suppliers in relation to the marketing, ordering and payment processing of Goods and/or Services; (b) each order accepted through the Platform creates a contract for the supply of Goods and/or Services directly between the Client and the relevant supplier; (c) an order submitted through the Platform constitutes an offer by the Client to purchase the Goods and /or Services and is not binding until accepted by the Bid Group Company; (d) rescheduling and cancellation of orders shall be determined by the Client’s chosen supplier and the Client at the point of acceptance shall be bound by the supplier’s terms and conditions; (e) the supplier is responsible for the manufacture, quality, compliance, supply and delivery of Goods and/or Services; and (f) except where expressly agreed in writing, the Bid Group Company is not the manufacturer, seller, supplier or carrier of the Goods and assumes no responsibility for the performance of the supplier’s contractual obligations.
  3. The Bid Group Company: (a) does not warrant uninterrupted operation of the Apps; (b) may suspend access to the application for maintenance, upgrades or security reasons; (c) is not liable for system interruptions, data loss or transmission errors except to the extent caused by its gross negligence.
  4. The Client indemnifies the supplier and the Bid Group Company against claims, losses, costs and liabilities arising from: (a) incorrect delivery instructions; (b) unsafe site conditions; or (c) misuse of the Goods.
  5. Where the Client books Goods or Services through the Platform, the Client must maintain a valid payment method and authorises the Bid Group Company, acting as agent for the supplier, to pre-authorise, charge or debit that payment method for all amounts payable in connection with the booking, including the quoted price, approved variations, additional quantities supplied, waiting or standby time, delivery, cartage, washout, disposal, cancellation, administration and other charges disclosed in these terms or reasonably incurred in providing the Goods or Services. The Client acknowledges that additional charges may be processed after completion of Delivery where the final quantity supplied, waiting time or other variable charges cannot reasonably be determined beforehand.
  6. For prepaid bookings, payment must be received in cleared funds before the time specified in the booking confirmation. If payment cannot be processed, authorised or verified, the Bid Group Company or the supplier may suspend, delay, cancel or refuse supply until payment arrangements are satisfactorily completed.
  7. The Bid Group Company may require a contingency authorisation or deposit of up to fifteen percent (15%) of the estimated booking value to secure potential additional charges. Any additional amounts incurred may be deducted from that contingency amount, with the Client remaining liable for any shortfall. Any unused balance will be refunded or credited to the Client within a reasonable time.
  8. Trade account facilities are granted at the supplier’s discretion and may be amended, suspended or withdrawn at any time. Invoices must be paid in accordance with the agreed trading terms. Failure to comply with credit terms may result in suspension of further supply, withdrawal of credit facilities, the requirement for prepayment, or any other rights available under these terms or at law.
  9. The Bid Group Company may immediately suspend access to the Platform where it reasonably suspects fraudulent activity, unauthorised access or conduct that may compromise the security or integrity of the Platform.

  1. Price and Payment

  1. At the Bid Group Company’s sole discretion, the Price shall be either: (a) as indicated on any accepted bid or invoice provided by the Bid Group Company to the Client upon placement of an order for Goods; or (b) the Bid Group Company’s quoted Price (subject to clause 8.2) which will be valid for the period stated in the quotation.
  2. The Bid Group Company reserves the right to change, revise or amend the Price if: (a) a variation or order quantities to the Goods which are to be supplied is requested by the Client; or (b) there are changes from the delivery or pick up address; or (c) there are changes to delivery and/or pick up times already scheduled; or (d) in the event of increases in the Bid Group Company’s cost of labour, transport, fuel, raw materials or supplier charges beyond the Bid Group Company’s reasonable control.
  3. Variations will be charged on the basis of the Bid Group Company’s accepted bid or quotation, and will be detailed in writing, and shown as variations on the Bid Group Company’s invoice. The Client must respond to any variation submitted by the Bid Group Company within ten (10) working days. Failure to do so will entitle the Bid Group Company to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion.
  4. The Price will be payable by the Client on the date determined by the Bid Group Company, which may be: (a) Cash On Delivery: payment will be required prior to delivery of the Goods; or (b) Account terms: the date which is end of month plus thirty (30) days following the date of any invoice given to the Client; or (c) the date specified on any invoice or other form as being the date for payment.
  5. Third Party Payments: The Client may arrange for payment of an invoice by a third party. Acceptance of payment from a third party does not transfer or remove the Client’s responsibility for payment of the invoice. The Client remains solely liable for all amounts owing under this contract until cleared funds have been received and any applicable chargeback or dispute period has expired. If a third-party payment is declined, reversed, refunded, or subject to a chargeback for any reason, the outstanding amount will immediately become due and payable by the Client.
  6. GST (goods and services tax), delivery charges, waiting time charges, surcharges and other applicable fees are payable in addition to the Price unless expressly stated otherwise.
  7. Payment may be made by electronic funds transfer (EFT), on-line banking, credit card, or by any other method as agreed to between the Client and the Bid Group Company.
  8. The Bid Group Company may in its discretion allocate any payment received from the Client towards any invoice that the Bid Group Company determines and may do so at the time of receipt or at any time afterwards. On any default by the Client, the Bid Group Company may re-allocate any payments previously received and allocated. In the absence of any payment allocation by the Bid Group Company, payment will be deemed to be allocated in such manner as preserves the maximum value of the Bid Group Company’s Purchase Money Security Interest (as defined in the PPSA) in the Goods.
  9. The Client must not set off against or deduct from the Price any amount owed or claimed to be owed to the Client by the Bid Group Company or withhold payment of an invoice because part of the invoice is disputed, except to the extent permitted by law. Once in receipt of an invoice for payment, if any part of the invoice is in dispute, then the Client must notify the Bid Group Company in writing within three (3) business days. The invoice shall remain due and payable for the full amount until such time as the Bid Group Company investigates the disputed claim. No credit shall be passed for refund until the review is completed. Failure to make payment may result in the Bid Group Company placing the Client’s account into default and subject to default interest in accordance with clause 19.1.
  10. Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to the Bid Group Company an amount equal to any GST the Bid Group Company must pay for any supply by the Bid Group Company under this or any other agreement for the sale of the Goods. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

  1. Delivery of Goods

  1. Delivery (“Delivery”) of the Goods is taken to occur at the time that: (a) the Client or the Client’s nominated carrier takes possession of the Goods at the nominated supplier’s address; or (b) the Bid Group Company or the supplier (or the Bid Group Company’s or the supplier’s nominated carrier) delivers the Goods to the Client’s nominated address even if the Client is not present at the address.
  2. The cost of Delivery will be payable by the Client in accordance with the quotation provided, or as otherwise notified to the Client prior to the placement of an order for Goods.
  3. The Client must take Delivery by receipt or collection of the Goods whenever they are delivered pursuant to the Client’s bid.
  4. Any time specified by for Delivery of the Goods is an estimate only and the Bid Group Company or the supplier will not be liable for any loss or damage incurred by the Client because of Delivery being late. However, both parties agree that they shall use reasonable endeavours to enable the Goods to be delivered at the time and place as was arranged between both parties. If the Bid Group Company or the supplier is unable to supply the Goods as agreed solely due to any action or inaction of the Client, then the Bid Group Company or the supplier shall be entitled to charge a reasonable fee for redelivery, dumpage of Goods and/or storage of the Goods.

  1. Access and Site Conditions

  1. The Client warrants that the delivery site is safe and suitable for delivery vehicles and must ensure safe and suitable access to the Delivery location.
  2. The Client is responsible for unloading Goods unless otherwise agreed.
  3. Additional charges may apply where Delivery is delayed due to site conditions, restricted access, inability to unload, the Client’s delay or cancellation of the Goods.
  4. Where unloading of the Goods exceeds the applicable Standard Waiting Time, the Client must pay the supplier’s applicable waiting time charges as specified in the quotation or booking confirmation.
  5. The Client indemnifies the Bid Group Company and the supplier against losses arising from unsafe site conditions.

  1. Risk

  1. Risk of damage to or loss of the Goods passes to the Client on Delivery, and the Client must insure the Goods on or before Delivery.
  2. If any of the Goods are damaged or destroyed following Delivery but prior to ownership passing to the Client, the Bid Group Company is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Bid Group Company is sufficient evidence of the Bid Group Company’s rights to receive the insurance proceeds without the need for any person dealing with the Bid Group Company to make further enquiries.
  3. If the Client requests the Bid Group Company to leave Goods outside the Bid Group Company’s premises for collection or to deliver the Goods to an unattended location, then such Goods shall be left at the Client’s sole risk.
  4. Fabricated, cut, bent or customised steel products may not be returned unless defective.
  5. The Client must verify dimensions and specifications before manufacture.
  6. The supplier is not liable for losses arising from inaccurate drawings, measurements or specifications supplied by the Client.
  7. Concrete is a perishable product, and time is of the essence in relation to unloading. The Client must promptly unload concrete upon Delivery.
  8. Orders for concrete may not be cancelled once batching has commenced.
  9. The Client is responsible for ensuring the nominated concrete mix design is suitable for its intended purpose.

  1. Compliance with Laws

  1. The Client and the Bid Group Company shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the Goods/Services.

  1. Building Industry Fairness (Security of Payment) Act 2017 (Qld)

  1. At the Bid Group Company’s sole discretion, if there are any disputes or claims for unpaid Goods and/or Services then the provisions of the Building Industry Fairness (Security of Payment) Act 2017 (Qld) may apply.
  2. Nothing in this Contract is intended to have the effect of contracting out of any applicable provisions of the Building Industry Fairness (Security of Payment) Act 2017 (Qld), except to the extent permitted by the Act.

  1. Title

  1. The Bid Group Company and the Client agree that ownership of the Goods shall not pass until: (a) the Client has paid the Bid Group Company all amounts owing to the Bid Group Company; and (b) the Client has met all of its other obligations to the Bid Group Company.
  2. Receipt by the Bid Group Company of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
  3. It is further agreed that, until ownership of the Goods passes to the Client in accordance with clause 14.1: (a) the Client is only a bailee of the Goods and must return the Goods to the Bid Group Company on request; (b) the Client holds the benefit of the Client’s insurance of the Goods on trust for the Bid Group Company and must pay to the Bid Group Company the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed; (c) the Client must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Client sells, disposes or parts with possession of the Goods then the Client must hold the proceeds of any such act on trust for the Bid Group Company and must pay or deliver the proceeds to the Bid Group Company on demand; (d) the Client should not convert or process the Goods or intermix them with other goods but if the Client does so then the Client holds the resulting product on trust for the benefit of the Bid Group Company and must sell, dispose of or return the resulting product to the Bid Group Company as it so directs; (e) the Client irrevocably authorises the Bid Group Company to enter any premises where the Bid Group Company believes the Goods are kept and recover possession of the Goods; (f) the Bid Group Company may recover possession of any Goods in transit whether or not Delivery has occurred; (g) the Client shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of the Bid Group Company; and (h) the Bid Group Company may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Client.

  1. Personal Property Securities Act 2009 (Cth) (“PPSA”)

  1. In this clause financing statement, financing change statement, security agreement, and security interest have the meanings given to them by the PPSA.
  2. Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Goods that have previously been supplied and that will be supplied in the future by the Bid Group Company to the Client, and the proceeds from such Goods.
  3. The Client undertakes to: (a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up to date in all respects) which the Bid Group Company may reasonably require to: (i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register; (ii) register any other document required to be registered by the PPSA; or (iii) correct a defect in a statement referred to in clause 15.3(a)(i) or 15.3(a)(ii). (b) indemnify, and upon demand reimburse, the Bid Group Company for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Goods charged thereby; (c) not register a financing change statement in respect of a security interest without the prior written consent of the Bid Group Company; (d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods or the proceeds of such Goods in favour of a third party without the prior written consent of the Bid Group Company; and (e) immediately advise the Bid Group Company of any material change in its business practices of selling the Goods which would result in a change in proceeds derived from such sales.
  4. The Bid Group Company and the Client agree that ss 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
  5. The Client waives their rights to receive notices under ss 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
  6. The Client waives their rights as a grantor and/or a debtor under ss 142 and 143 of the PPSA.
  7. Unless otherwise agreed to in writing by the Bid Group Company, the Client waives their right to receive a verification statement in accordance with s 157 of the PPSA.
  8. The Client must unconditionally ratify any actions taken by the Bid Group Company under ss 15.3 to 15.5.
  9. Subject to any express provisions to the contrary (including those contained in this clause 15), nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.

  1. Security and Charge

  1. In consideration of the Bid Group Company agreeing to supply the Goods and/or provide its Services, the Client grants the Bid Group Company a security interest by way of a floating charge (registerable by the Bid Group Company pursuant to the PPSA) over all of its present and after acquired rights, title and interest (whether joint or several) in all other assets that is now owned by the Client or owned by the Client in the future, including without limitation any assets identified in an Acknowledgment Document (if any), to the extent necessary to secure the repayment of monies owed under this Contract for provision of the Goods and/or Services under this Contract and/or permit the Bid Group Company to appoint a receiver to the Client in accordance with the Corporations Act 2001 (Cth). The security interest arises upon the Client’s acceptance of these terms and is not conditional on the existence of any Acknowledgment Document.
  2. The Client indemnifies the Bid Group Company from and against all the Bid Group Company’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising the Bid Group Company’s rights under this clause.
  3. As a separate and continuing security, in the event that the Client defaults or breaches any term of this Contract and as a result, the security provided in clauses 14.1,15.2 and 16.1 as applicable and is deemed insufficient by the Bid Group Company to secure the repayment of monies owed by the Client to the Bid Group Company, the Client hereby grants the Bid Group Company a security interest as at the date of the default, by way of a charge, that enables the right and entitlement to lodge a caveat over any real property and or land owned by the Client now, or owned by the Client in the future, to secure the performance of the Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money).The Client must, upon request, provide all information the Bid Group Company reasonably requires to identify and describe such property (including title particulars). This clause operates whether or not any Acknowledgment Document exists.

  1. Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)

  1. The Client must inspect the Goods on Delivery and must immediately notify the Bid Group Company by phone, via the Apps or email of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Client must notify any other alleged defect in the Goods as soon as reasonably possible after any such defect becomes evident. Upon such notification the Client must allow the Bid Group Company to inspect the Goods. Colour, texture and natural variation between production batches do not constitute defects.
  2. The Client must report this event to the Bid Group Company on the day of the incident. The Client must provide evidence of any defect/damage, shortage in quantity, or failure to comply with the description or quote with timestamped photographs and videos. This evidence must be emailed to the Bid Group Company within 3 days of the event so that an investigation can be conducted and escalated with the supplier as appropriate.
  3. Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation, the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).
  4. The Bid Group Company acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
  5. Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, the Bid Group Company makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods. The Bid Group Company’s liability in respect of these warranties is limited to the fullest extent permitted by law.
  6. If the Client is a consumer within the meaning of the CCA, the Bid Group Company’s liability is limited to the extent permitted by section 64A of Schedule 2.
  7. If the Bid Group Company is required to replace the Goods under this clause or the CCA, but is unable to do so, the Bid Group Company may refund any money the Client has paid for the Goods.
  8. If the Client is not a consumer within the meaning of the CCA, the Bid Group Company’s liability for any defect or damage in the Goods is: (a) limited to the value of any express warranty provided to the Client by the Bid Group Company at the Bid Group Company’s sole discretion; (b) limited to any warranty to which the Bid Group Company is entitled, if the Bid Group Company did not manufacture the Goods; and/or (c) otherwise negated absolutely.
  9. Subject to this clause 17, returns will only be accepted provided that: (a) the Client has complied with the provisions of clause 17.1; and (b) the Bid Group Company has agreed that the Goods are defective; and (c) the Goods are returned within a reasonable time at the Client’s cost (if that cost is not significant); and (d) the Goods are returned in as close a condition to that in which they were delivered as is possible.
  10. Notwithstanding clauses 17.1 to 17.8 but subject to the CCA, the Bid Group Company shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of: (a) the Client failing to properly maintain, store or use any Goods; (b) the Client using the Goods for any purpose other than that for which they were designed; (c) the Client continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user; (d) the Client failing to follow any instructions or guidelines provided by the Bid Group Company or the suppliers’ drivers; and/or (e) fair wear and tear, any accident, or act of God.
  11. Notwithstanding anything contained in this clause, if BidCrete is required by a law to accept a return of Goods, then the Bid Group Company will only accept a return of Goods on the conditions imposed by that law.
  12. Subject to clause 17.1, customised, or non-stocklist items or Goods made or ordered to the Client’s specifications are not acceptable for credit or return.
  13. To the maximum extent permitted by law, the Bid Group Company is not liable for any indirect, consequential, special or economic loss including loss of profit, revenue, opportunity, production, goodwill or business interruption.

  1. Intellectual Property

  1. Where the Bid Group Company has designed, drawn or developed Goods for the Client, then the copyright in any documents, designs, drawings, software, APIs, database, algorithms, user interface, source code or Goods shall remain the property of the Bid Group Company. Under no circumstances may such designs, drawings and documents be used without the express written approval of the Bid Group Company.
  2. The Client warrants that all designs, specifications, or instructions given to the Bid Group Company will not cause the Bid Group Company to infringe any patent, registered design or trademark in the execution of the Client’s order and the Client agrees to indemnify the Bid Group Company against any action taken by a third party against the Bid Group Company in respect of any such infringement.
  3. The Client agrees that the Bid Group Company may (at no cost) use for the purposes of marketing or entry into any competition, any documents, designs, drawings, software, APIs, database, algorithms, user interface, source code or Goods which the Bid Group Company has created for the Client.

  1. Default and Consequences of Default

  1. Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Bid Group Company’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
  2. If the Client owes the Bid Group Company any money, the Client shall indemnify the Bid Group Company from and against all costs and disbursements: (a) incurred; and/or (b) which would be incurred and/or (c) for which by the Client would be liable; in regard to legal costs on a solicitor and own client basis incurred in exercising the Bid Group Company’s rights under these terms and conditions, internal administration fees, the Bid Group Company’s costs arising from breach of these Terms, including, but not limited to, contract default fees and/or recovery costs (if applicable), as well as bank dishonour fees.
  3. Further to any other rights or remedies the Bid Group Company may have under this Contract, if a Client has made payment to the Bid Group Company, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Bid Group Company under this clause 19 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract.
  4. Without prejudice to the Bid Group Company’s other remedies at law, the Bid Group Company shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Bid Group Company shall, whether or not due for payment, become immediately payable if: (a) any money payable to the Bid Group Company becomes overdue, or in the Bid Group Company’s opinion the Client will be unable to make a payment when it falls due; (b) the Client has exceeded any applicable credit limit provided by the Bid Group Company; (c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

  1. Cancellation

  1. Without prejudice to any other remedies the parties may have, if at any time either party is in breach of any obligation (including those relating to payment) under these terms and conditions (“the Breaching Party”) the other party may suspend or terminate the supply or purchase of Goods and/or Services to the other party, with immediate effect, by providing the Breaching Party with written notice. Neither party will be liable for any loss or damage the other party suffers because one of the parties has exercised its rights under this clause.
  2. If the Bid Group Company, due to reasons beyond the Bid Group Company’s reasonable control, is unable to deliver any Goods and/or Services to the Client, the Bid Group Company may cancel any Contract to which these terms and conditions apply or cancel Delivery of Goods and/or Services at any time before the Goods and/or Services are delivered by giving written notice to the Client. On giving such notice the Bid Group Company shall repay to the Client any money paid by the Client for the Goods and/or Services. The Bid Group Company shall not be liable for any loss or damage whatsoever arising from such cancellation.
  3. The Client may cancel Delivery of the Goods and/or Services by written notice served within forty-eight (48) hours of placement of the order, prior to the Goods being dispatched. If the Client cancels Delivery in accordance with this clause 20.3, the Client will not be liable for the payment of any costs of the Bid Group Company, except where a deposit is payable.
  4. However, cancellation of orders for Goods made to the Client’s specifications, or for non-stocklist items, will not be accepted once production has commenced, or an order has been placed.

  1. Privacy Policy

  1. Subject to applicable privacy legislation, all aggregated, de-identified and system-generated data produced through the Platform remains the property of the Bid Group Company, subject to applicable privacy laws. For clarity, the Bid Group Company owns all aggregated and de-identified data. All emails, documents, images, or other recorded information held or used by the Bid Group Company is Personal Information, as defined and referred to in clause 21.4, and therefore considered Confidential Information. The Bid Group Company acknowledges its obligation in relation to the handling, use, disclosure and processing of Personal Information pursuant to the Privacy Act 1988 (Cth) (“the Act”) including Part IIIC of the Act being Privacy Amendment (Notifiable Data Breaches) Act 2017 (NDB) and any statutory requirements, where relevant in a European Economic Area (“EEA”), under the EU Data Privacy Laws (including the General Data Protection Regulation “GDPR”) (collectively, “EU Data Privacy Laws”). The Bid Group Company acknowledges that in the event it becomes aware of any data breaches and/or disclosure of the Client’s Personal Information, held by the Bid Group Company that may result in serious harm to the Client, the Bid Group Company will notify the Client in accordance with the Act and/or the GDPR. Any release of such Personal Information must be in accordance with the Act and the GDPR (where relevant) and must be approved by the Client by written consent, unless subject to an operation of law.
  2. Notwithstanding clause 21.1, privacy limitations will extend to the Bid Group Company in respect of Cookies where the Client utilises the Bid Group Company’s website to make enquiries. The Bid Group Company agrees to display reference to such Cookies and/or similar tracking technologies, such as pixels and web beacons (if applicable). Such technology allows the collection of Personal Information such as the Client’s: (a) IP address, browser, email client type and other similar details; (b) tracking website usage and traffic; and (c) reports are available to the Bid Group Company when the Bid Group Company sends an email to the Client, so the Bid Group Company may collect and review that information (collectively “Personal Information”). If the Client consents to the Bid Group Company’s use of Cookies on the Bid Group Company’s website and later wishes to withdraw that consent, the Client may manage and control the Bid Group Company’s privacy controls via the Client’s web browser, including removing Cookies by deleting them from the browser history when exiting the site.
  3. The Client agrees for the Bid Group Company to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g. name, address, date of birth, occupation, driver’s license details, electronic contact (social media identifiers), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history) about the Client in relation to credit provided by the Bid Group Company.
  4. The Client agrees that the Bid Group Company may exchange information about the Client with those credit providers and with related body corporates for the following purposes: (a) to assess an application by the Client; and/or (b) to notify other credit providers of a default by the Client; and/or (c) to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and/or (d) to assess the creditworthiness of the Client including the Client’s repayment history in the preceding two (2) years.
  5. The Client consents to the Bid Group Company being given a consumer credit report to collect personal credit information relating to any overdue payment on commercial credit.
  6. The Client agrees that personal credit information provided may be used and retained by the Bid Group Company for the following purposes (and for other agreed purposes or required by): (a) the provision of Goods; and/or (b) analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Goods; and/or (c) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or (d) enabling the collection of amounts outstanding in relation to the Goods.
  7. the Bid Group Company may give information about the Client to a CRB for the following purposes: (a) to obtain a consumer credit report; and (b) allow the CRB to create or maintain a credit information file about the Client including credit history.
  8. The information given to the CRB may include: (a) Personal Information as outlined in clause 21.4 above; (b) name of the credit provider and that the Bid Group Company is a current credit provider to the Client; (c) whether the credit provider is a licensee; (d) type of consumer credit; (e) details concerning the Client’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested); (f) advice of consumer credit defaults (provided the Bid Group Company is a member of an approved OAIC External Disputes Resolution Scheme), overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty (60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that the Client no longer has any overdue accounts and the Bid Group Company has been paid or otherwise discharged and all details surrounding that discharge (e.g. dates of payments); (g) information that, in the opinion of the Bid Group Company, the Client has committed a serious credit infringement; or (h) advise that the amount of the Client’s overdue payment is equal to or more than one hundred and fifty dollars ($150).
  9. The Client shall have the right to request (via email) from the Bid Group Company: (a) a copy of the Personal Information about the Client retained by the Bid Group Company and the right to request that the Bid Group Company correct any incorrect Personal Information; and (b) that the Bid Group Company does not disclose any Personal Information about the Client for the purpose of direct marketing.
  10. The Bid Group Company will destroy Personal Information upon the Client’s request (via email) or if it is no longer required unless it is required to fulfil the obligations of this Contract or is required to be maintained and/or stored in accordance with the law.
  11. The Client can make a privacy complaint by contacting the Bid Group Company via email. The Bid Group Company will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to reach a decision on the complaint within thirty (30) days of receipt of the complaint. If the Client is not satisfied with the resolution provided, the Client can make a complaint to the Information Commissioner at www.oaic.gov.au.
  12. See the Bid Group Company’s full Privacy Policy here.

  1. Service of Notices

  1. Any written notice given under this Contract shall be deemed to have been given and received: (a) by handing the notice to the other party, in person; (b) by leaving it at the address of the other party as stated in this Contract; (c) by sending it by registered post to the address of the other party as stated in this Contract; or (d) if sent by email to the other party’s last known email address.
  2. Any notice that is posted shall be deemed to have been served, unless the contrary is shown, at the time when by the ordinary course of post, the notice would have been delivered.

  1. Trusts

  1. If the Client at any time upon or subsequent to entering into the Contract is acting in the capacity of trustee of any trust or as an agent for a trust (“Trust”) then whether or not the Bid Group Company may have notice of the Trust, the Client covenants with the Bid Group Company as follows: (a) the Contract extends to all rights of indemnity which the Client now or subsequently may have against the Trust, the trustees and the trust fund; (b) the Client has full and complete power and authority under the Trust or from the Trustees of the Trust as the case may be to enter into the Contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Client against the Trust, the trustees and the trust fund. The Client will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity; and (c) the Client will not during the term of the Contract without consent in writing of the Bid Group Company (the Bid Group Company will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events: (i) the removal, replacement or retirement of the Client as trustee of the Trust; (ii) any alteration to or variation of the terms of the Trust; (iii) any advancement or distribution of capital of the Trust; or (iv) any resettlement of the trust fund or trust property.

  1. General

  1. The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable, that provision shall be severed from this Contract, and the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
  2. These terms and conditions and any Contract to which they apply shall be governed by the laws of Queensland and are subject to the jurisdiction of the Brisbane courts in that state. These terms prevail over all terms and conditions of the Client (even if they form part of the Client’s purchase order).
  3. The Bid Group Company may license and/or assign all or any part of its rights and/or obligations under this Contract without the Client’s consent provided the assignment does not cause detriment to the Client.
  4. The Client cannot license or assign without the written approval of the Bid Group Company.
  5. The Bid Group Company may elect to subcontract out any part of the Services but shall not be relieved from any liability or obligation under this Contract by so doing. Furthermore, the Client agrees and understands that they have no authority to give any instruction to any of the Bid Group Company’s sub-contractors without the authority of the Bid Group Company.
  6. The Client agrees that the Bid Group Company may amend their general terms and conditions for subsequent future Contracts with the Client by disclosing such to the Client in writing. These changes shall be deemed to take effect from the date on which the Client accepts such changes, or otherwise at such time as the Client makes a further request for the Bid Group Company to provide Goods to the Client.
  7. Neither party shall be liable for any default due to any cyber incident, telecommunication outage, cloud service interruption, widespread utility failure, act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm, national or global pandemics and/or the implementation of regulation, directions, rules or measures being enforced by Governments or embargo, including but not limited to, any Government imposed border lockdowns (“Force Majeure”) or other event beyond the reasonable control of either party. This clause does not apply to a failure by the Client to make a payment to the Bid Group Company, once the parties agree that the Force Majeure event has ceased.
  8. Both parties warrant that they have the power to enter this Contract and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this Contract creates binding and valid legal obligations on them.
  9. The rights and obligations of the parties will not merge on completion of any transaction under this Contract, and they will survive the execution and Delivery of any assignment or other document entered, for the purpose of, implementing any transaction under this Contract.
  10. If part or all of any term of this Contract is or becomes invalid, illegal or unenforceable, it shall be severed from this Contract and shall not affect the validity and enforceability of the remaining terms of this Contract.

  1. Dispute Resolution

  1. Before commencing litigation (except for debt recovery or urgent interlocutory relief), the parties must first attempt to resolve the dispute by good faith negotiations.

  1. Entire Agreement

  1. This Contract constitutes the entire agreement between the parties in relation to its subject matter and supersedes all prior negotiations, representations and understandings. No representation or promise not expressly contained in this Contract is binding unless agreed in writing by both parties.

Version 1.0

Effective Date: 1 August 2026

Review Date: August 2027