Last updated: 1 May 2026
1. Definitions
- “Seller” means Bittn Australia Pty Ltd, its successors and assigns, or any person acting on behalf of and with the authority of Bittn Australia.
- “Client” means the client (or any person acting on behalf of and with the authority of the client) as described on any quotation, work authorisation or other form provided by the Seller.
- “Guarantor” means the person(s) or entity who agrees to be liable for the debts of the Client on a principal debtor basis.
- “Goods” means goods supplied by the Seller to the Client (including any supply of Services) as described on invoices, quotations, work authorisations or other forms.
- “Services” means all services supplied by the Seller to the Client, including any advice or recommendations.
- “Price” means the price payable for the Goods as agreed between the Seller and the Client in accordance with clause 5 of this contract.
2. Application of these Terms and Conditions
Nothing in this agreement is intended to contract out of any applicable provisions of the Competition and Consumer Act 2010 (including the Australian Consumer Law) or the Fair Trading Acts of each State and Territory, except to the extent permitted by those Acts.
3. Acceptance
- Any instructions received by the Seller from the Client for the supply of Goods and/or the Client’s acceptance of Goods constitutes acceptance of these terms and conditions.
- Where more than one Client has entered into this agreement, the Clients shall be jointly and severally liable for all payments of the Price.
- Upon acceptance, these terms and conditions are binding and can only be amended with the written consent of the Seller.
- The Client shall give the Seller not less than fourteen (14) days’ prior written notice of any proposed change of ownership, name, address, or other details.
4. Price and Payment
At the Seller’s sole discretion, the Price shall be either:
- as indicated on invoices provided to the Client; or
- the Seller’s quoted Price (subject to clause 5.2), which is binding upon the Seller provided the Client accepts the quotation in writing within thirty (30) days.
The Seller reserves the right to change the Price in the event of a variation to the quotation. A deposit may be required at the Seller’s discretion.
At the Seller’s sole discretion:
- payment shall be due on delivery of the Goods; or
- payment shall be due before delivery; or
- for approved Clients, payment shall be due thirty (30) days following the end of the month in which a statement is posted.
Time for payment is of the essence. If no time is stated, payment is due seven (7) days following the invoice date. Payment may be made by card (credit or debit) or direct credit. A 1.1% merchant fee applies to all card transactions. GST and other taxes shall be added to the Price unless expressly included.
5. Delivery of Goods
- Delivery takes place when the Client takes possession of the Goods at the nominated address.
- Delivery costs are at the Seller’s sole discretion and may be included in the Price.
- If the Client cannot take delivery as arranged, the Seller may charge a reasonable redelivery fee.
- Delivery to a third party nominated by the Client is deemed delivery to the Client.
- The Seller shall not be liable for any loss due to failure to deliver for reasons beyond the Seller’s control.
6. Risk
- Risk for the Goods passes to the Client on delivery, even if ownership has not passed.
- If Goods are damaged after delivery but before ownership passes, the Seller is entitled to receive any insurance proceeds.
- The Client indemnifies the Seller for damage to services (pipes, cables, etc.) not precisely located and advised to the Seller.
7. Title (Ownership)
Ownership of the Goods remains with the Seller until:
- the Client has paid all amounts owing for the particular Goods; and
- the Client has met all other obligations to the Seller.
Until ownership passes, the Seller may enter the Client’s premises to recover the Goods. The Client holds any proceeds from sale on trust for the Seller.
8. Defects
The Client must inspect the Goods on delivery and notify the Seller of any defect within five (5) days. Failure to do so means the Goods are deemed free from defect. The Seller’s liability for defective Goods is limited to replacement or repair.
9. Warranty
- The Seller warrants that any defect in workmanship reported within twelve (12) months of delivery will, at the Seller’s option, be replaced or remedied.
- The warranty does not cover damage caused by improper maintenance, failure to follow instructions, misuse, fair wear and tear, or acts of God.
- For Goods not manufactured by the Seller, the warranty is that of the manufacturer.
10. Intellectual Property
Copyright in designs, drawings and documents provided by the Seller remains with the Seller. The Client warrants that instructions will not cause the Seller to infringe any third-party IP rights and indemnifies the Seller against any claim.
11. Default and Consequences
- Interest on overdue invoices accrues daily at 2.5% per calendar month, compounding monthly.
- The Client indemnifies the Seller for all debt recovery costs, including legal fees on a solicitor‑own‑client basis.
- The Seller may suspend or terminate supply if the Client is in breach.
12. Cancellation
- Clients must provide at least one (1) full business day’s notice to cancel or reschedule an appointment.
- Cancellations made within one (1) business day of the scheduled service will incur a cancellation fee equal to the full service amount or the agreed minimum job fee.
- Exceptions are at the Seller’s sole discretion.
- Notifications can be made by calling 1300 438 248.
13. General
- If any provision is invalid, the remaining provisions remain enforceable.
- These terms and conditions are governed by the laws of Queensland.
- The Seller is not liable for indirect loss or expense (including loss of profit) arising from a breach of these terms.
- The Client may not set off against the Price any amounts alleged to be owed by the Seller.
- The Seller may subcontract its rights and obligations.
- Neither party is liable for delays due to events beyond their reasonable control.
For any questions about these Terms and Conditions, contact Bittn at 1300 438 248 or mail@bittn.com.au.
