Terms & Conditions

These terms and conditions apply (unless otherwise previously agreed in writing) to the supply of Goods by CXP Direct Pty Ltd T/as buyalength.com.au ABN 16 639 511 443 to a Customer from time to time. 

  1. Quotations and Orders
    1. An order given to Buyalength is binding on Buyalength and the Customer, if:
      1. a written acceptance is signed for or on behalf of Buyalength; or
      2. the Goods are supplied by Buyalength in accordance with the Order. 
    2. Once accepted by Buyalength an Order constitutes a contract between Buyalength and the Customer.
    3. Once accepted by Buyalength, orders cannot be cancelled by the Customer under any circumstances without Buyalength’s prior written consent, which it may refuse in its absolute discretion (which consent may include a requirement that the Customer indemnify Buyalength against any loss or expense suffered by it as a result of the cancelled Order).
  2. Price
    1. The Price for Goods is either;
      1. the price indicated in Buyalength’s Quotation (or any subsequent Quotation if varied); or
      2. the price listed in any Buyalength price list current at the date an Order is placed.
    2. Prices do not include applicable taxes or statutory charges (such as GST) or delivery charges. Delivery charges will be specified in Quotations and Invoices and charged in addition to the Price.
  3. Payment
    1. Buyalength may require payment for Goods on placing of an Order. Unless the Customer has a credit account in the Customer’s name with Buyalength, the total amount of an invoice (less any deposit paid) and the delivery charges are payable by the Customer prior to delivery of the Goods.
    2. If the Customer has an approved credit account, an invoice (less any deposit paid) and the delivery charges are payable by the Customer within 30 days after delivery of the Goods. 
    3. Payment must be made by cash, bank cheque, credit card (which may include provider surcharge), direct credit into Buyalength’s bank account or by any other method agreed between the Customer and Buyalength. Receipt of any form of payment other than cash will not constitute payment until that form of payment has been honoured, cleared or recognised.
    4. Payment will constitute acceptance by the Customer of all Goods.
    5. All amounts payable by the Customer under this Agreement must be paid without set-off or counter claim of any kind.
  4. GST
    1. If GST is imposed on any taxable supply under this Agreement then the recipient of that taxable supply must pay the supplier an additional amount equal to the GST payable on the taxable supply at the same time as payment for the taxable supply is due.
  5. Delivery
    1. Buyalength will (unless otherwise agreed with the Customer) organise for delivery of the Goods to the Site by a carrier appointed by Buyalength. Delivery and freight costs will be specified in the Quotation and are payable by the Customer at the same time an invoice or application for payment is payable.
    2. An estimated timeframe for delivery will be stated in the Quotation. Buyalength will use reasonable endeavours to meet the delivery timeframe but accepts no responsibility for costs or charges resulting from a delay in delivery due to factors outside its reasonable control.  The Customer is not relieved of any obligation to accept or pay for Goods by reason of any delay in delivery. Buyalength may change the estimated delivery time by written notice to the Customer. Buyalength reserves the right to deliver the Goods in instalments.
    3. The Customer acknowledges that Goods do not need to be signed for when delivered and may be unloaded and left on any part of the Site that Buyalength or its carrier considers reasonable in the circumstances.
  6. Defects and Returns
    1. The Customer must inspect the Goods on delivery and notify Buyalength in writing within 7 days of delivery of any alleged defect, damage or failure of the Goods. If no notice is given within 7 days of delivery, the Customer will be deemed to have accepted the Goods.
    2. If a notice of defect or damage is given the Customer must allow Buyalength access to inspect the Goods and determine whether or not that notice is valid. If Buyalength accepts that the Goods are defective or damaged the parties acknowledge that the Customer has remedies available to it as a consumer under the Australian Consumer Law.
    3. Buyalength may, at its sole discretion, accept the return of non-defective Goods if in good working condition for credit subject to a handling fee of 10% of the value of the returned Goods plus freight costs.
    4. Any Goods that have been supplied specifically to the Customer’s instructions or specifications (including bespoke items or Goods with custom finishes) will not be accepted for in any circumstances other than those required by law.
  7. Risk
    1. Risk in the Goods passes to the Customer at the Delivery Time.