1. Purchase Order Authority

1.1 All purchases made by Urban Steel must be supported by an authorised Urban Steel Purchase Order (“PO”).

1.2 The Supplier must not supply goods or services exceeding the quantity, specification, value or scope stated on the PO without prior written approval from an authorised representative of Urban Steel.

1.3 Urban Steel is not responsible for payment of goods or services supplied without an authorised PO or without prior written approval.

1.4 Any terms contained in the Supplier’s quotation, acknowledgement, invoice, delivery docket or other document will not apply to the extent that they conflict with these Terms, unless expressly agreed to in writing by Urban Steel.

2. Price

2.1 The price payable will be the price stated on the PO.

2.2 Unless otherwise stated on the PO, the agreed price is inclusive of all costs associated with supplying the goods, including packaging, handling, loading and delivery charges.

2.3 No additional charges, including freight, fuel levies, surcharges, administration fees or other costs, will be payable unless approved by Urban Steel in writing before the additional cost is incurred.

2.4 Where GST is applicable, it must be clearly identified on the Supplier’s tax invoice.

3. Delivery

3.1 Goods must be delivered to the location specified on the PO, unless otherwise agreed in writing.

3.2 The Supplier must meet the delivery date specified on the PO.

3.3 The Supplier must promptly notify Urban Steel if it becomes aware of any actual or anticipated delay.

3.4 Urban Steel may, at its discretion, reject or cancel an order where goods are not delivered within the required timeframe, particularly where the delay may affect Urban Steel’s manufacturing, workshop, site or project commitments.

3.5 Delivery of goods does not constitute acceptance of the goods by Urban Steel.

3.6 The Supplier remains responsible for ensuring that goods are adequately packaged, protected and secured during transport to prevent damage, deterioration or contamination.

4. Inspection and Acceptance

4.1 Urban Steel reserves the right to inspect and test goods upon delivery or at any time thereafter.

4.2 Urban Steel may reject goods that:

• are damaged;
• are defective;
• are of unsuitable or unacceptable quality;
• do not comply with the PO;
• do not comply with the agreed specification, drawing or quotation;
• are the incorrect quantity;
• are incorrectly labelled;
• are not fit for their intended purpose;
• do not comply with applicable Australian Standards or legislation; or
• otherwise, do not conform to the requirements of the PO.

4.3 Urban Steel is not required to identify defects that are not reasonably discoverable upon delivery.

4.4 Where goods are rejected, the Supplier must, at Urban Steel’s option and at the Supplier’s cost:

• collect the rejected goods;
• replace the goods with compliant goods;
• repair the goods where appropriate; or
• provide a full credit or refund.

4.5 Urban Steel will not be responsible for freight, handling or other costs associated with returning rejected goods.

5. Quantity and Variations

5.1 The Supplier must supply only the quantity specified on the PO.

5.2 Urban Steel is not obliged to accept or pay for excess goods supplied without prior written approval.

5.3 Any variation to the quantity, specification, price, delivery date or scope must be approved in writing by an authorised Urban Steel representative before the variation is supplied.

5.4 Silence, verbal discussions or informal communications do not constitute approval of a variation unless confirmed in writing by Urban Steel.

6. Quality and Fitness for Purpose

6.1 The Supplier warrants that all goods supplied:

• are new and of merchantable quality;
• are fit for their intended purpose;
• conform to the description and specifications provided;
• comply with the PO;
• are free from defects in design, materials and workmanship;
  comply with all applicable Australian Standards, laws and regulatory requirements; and
• are suitable for the environment and application for which they are supplied.

6.2 Where Urban Steel has provided specifications, drawings, dimensions or other requirements, the Supplier is responsible for ensuring that the goods supplied comply with those requirements.

6.3 Where the Supplier has recommended a particular product, material or specification, the Supplier warrants that its recommendation is suitable for the intended application communicated to the Supplier.

7. Warranties

7.1 The Supplier must provide the benefit of all manufacturer’s warranties applicable to the goods.

7.2 Where goods are defective or fail during the applicable warranty period, the Supplier must, at Urban Steel’s option, repair, replace or refund the affected goods at no cost to Urban Steel.

7.3 Any manufacturer’s warranty must not limit any rights or remedies available to Urban Steel under these Terms or applicable Australian law.

8. Compliance and Australian Standards

8.1 The Supplier must ensure that all goods comply with applicable Commonwealth, State and local laws, regulations, codes and standards.

8.2 Where applicable, goods must comply with relevant Australian Standards, including standards applicable to structural steel, fasteners, PPE, tools, lifting equipment, electrical equipment and other products supplied to Urban Steel.

8.3 Where requested by Urban Steel, the Supplier must provide certificates of compliance, test certificates, material certificates, safety data sheets, manufacturer’s documentation or other evidence demonstrating compliance.

8.4 Failure to provide required compliance documentation may constitute grounds for rejection of the goods.

9. Steel, Metal and Material Supply

9.1 For steel, aluminium, plate, SHS, RHS, angle, channel, beam, sheet, bar or other metal products, the Supplier must supply material in accordance with the grade, size, thickness, length, quantity and specification stated on the PO.

9.2 Where applicable, material certificates and/or mill certificates must be provided upon request.

9.3 Materials must be free from excessive rust, contamination, damage, distortion or other defects that may affect their intended use.

9.4 Any material supplied outside the specified tolerances may be rejected at Urban Steel’s discretion.

9.5 Where material is supplied to a nominated Australian Standard or grade, the Supplier warrants that the material meets that standard or grade.

10. Tools, Equipment and PPE

10.1 Tools, machinery, equipment and PPE supplied to Urban Steel must be fit for purpose, safe to use and compliant with applicable Australian Standards and legislation.

10.2 PPE must be suitable for the intended work environment and supplied with all required certification, instructions and documentation where applicable.

10.3 Electrical equipment must comply with applicable electrical safety requirements and be supplied in safe working condition.

10.4 Urban Steel may reject any tool, item of equipment or PPE considered unsafe, defective, unsuitable or non-compliant.

11. Safety and WHS

11.1 The Supplier must comply with all applicable Work Health and Safety laws and regulations.

11.2 Goods must not present an unreasonable health or safety risk when used in accordance with the manufacturer’s instructions and intended purpose.

11.3 Where required, the Supplier must provide Safety Data Sheets (“SDS”), operating instructions, warnings and other safety information.

11.4 The Supplier must immediately notify Urban Steel of any known safety issue, product defect, recall or regulatory concern affecting goods supplied to Urban Steel.

12. Product Recalls and Defects

12.1 The Supplier must immediately notify Urban Steel if any goods supplied are subject to:

• a product recall;
• safety warning;
• regulatory notice;
• manufacturer’s defect notification;
• compliance issue; or
• other matter that may affect the safe or intended use of the goods.

12.2 The Supplier must cooperate fully with Urban Steel in relation to any recall, replacement, investigation or corrective action.

13. Packaging and Environmental Requirements

13.1 Goods must be appropriately packaged to prevent damage during transportation and handling.

13.2 The Supplier should minimise unnecessary packaging and, where reasonably practicable, use recyclable or reusable packaging.

13.3 The Supplier is responsible for any packaging, pallets, containers or other materials that the Supplier has agreed to collect or that are required to be removed due to the Supplier’s delivery arrangements.

14. Invoicing and Payment

14.1 The Supplier must provide a valid tax invoice referencing the applicable Urban Steel PO number.

14.2 Invoices must accurately identify the goods or services supplied and correspond with the relevant PO and delivery documentation.

14.3 Urban Steel may withhold payment of invoices that are incorrect, disputed, unsupported, or do not correspond with the applicable PO.

14.4 Payment of an invoice does not constitute acceptance of defective, incorrect or non-compliant goods.

14.5 Unless otherwise agreed in writing, payment will be made in accordance with the payment terms stated on the PO.

15. Set-Off and Credits

15.1 To the extent permitted by law, Urban Steel may set off amounts owed to it by the Supplier against amounts otherwise payable by Urban Steel to the Supplier.

15.2 The Supplier must promptly issue credits for returned, rejected, defective or incorrectly supplied goods.

16. 16. Risk and Title

16.1 Unless otherwise agreed in writing, risk in the goods remains with the Supplier until delivery to the location specified on the PO and acceptance by Urban Steel.

16.2 Title to goods passes to Urban Steel upon the earlier of:

· payment for the goods; or

· delivery and acceptance by Urban Steel,

except to the extent otherwise required by applicable law.

16.3 The Supplier must ensure that goods supplied are free from any lien, encumbrance, security interest or third-party claim.

17. Intellectual Property and Confidential Information

17.1 Any drawings, specifications, designs, measurements, documents or information supplied by Urban Steel remain the property of Urban Steel.

17.2 The Supplier must not use Urban Steel’s confidential information for any purpose other than fulfilling the relevant PO.

17.3 The Supplier must not disclose Urban Steel’s confidential information to any third party without prior written consent, except where disclosure is required by law.

18. Subcontracting

18.1 The Supplier must not subcontract any material part of its obligations under a PO without Urban Steel’s prior written approval.

18.2 The Supplier remains fully responsible for the acts and omissions of any subcontractor.

19. Indemnity

19.1 To the extent permitted by law, the Supplier indemnifies Urban Steel against loss, damage, liability, costs and expenses arising from:

• defective or unsafe goods;
• breach of these Terms;
• negligence or misconduct by the Supplier;
• infringement of third-party intellectual property rights;
• failure to comply with applicable laws or standards; or
• personal injury, death or property damage caused by the Supplier or its goods.

19.2 This clause does not apply to the extent that the loss was caused by the negligence or wrongful conduct of Urban Steel.

20. Insurance

20.1 The Supplier must maintain insurance appropriate to the nature of the goods and services supplied, including public liability insurance where applicable.

20.2 Urban Steel may request evidence of current insurance coverage from the Supplier.

21. Cancellation

21.1 Urban Steel may cancel a PO, in whole or in part, by written notice where:

• the Supplier fails to meet the required delivery date;
• goods are defective or non-compliant;
• the Supplier materially breaches these Terms;
• the Supplier becomes insolvent or ceases trading; or
• the Supplier otherwise fails to perform its obligations.

21.2 Where goods have not yet been dispatched, Urban Steel may cancel an order where reasonably practicable by providing written notice.

22. Supplier’s Terms

22.1 Any terms proposed by the Supplier that are inconsistent with these Terms are expressly rejected.

22.2 A Supplier’s quotation, order confirmation, invoice, delivery docket or other document does not amend these Terms unless Urban Steel expressly agrees to the amendment in writing.

22.3 Acceptance of delivery or payment of an invoice does not constitute acceptance of any additional Supplier terms.

23. Disputes

23.1 The Supplier must promptly notify Urban Steel of any dispute relating to a PO.

23.2 The parties will endeavour to resolve disputes in good faith through discussion between their respective authorised representatives.

23.3 Nothing in this clause prevents Urban Steel from exercising any contractual or legal right available to it.

24. Governing Law

24.1 These Terms and any PO are governed by the laws of New South Wales, Australia.

24.2 The parties submit to the jurisdiction of the courts of New South Wales and courts entitled to hear appeals from them.

25. Australian Consumer Law

25.1 Nothing in these Terms is intended to exclude, restrict or modify any rights, guarantees or remedies that cannot lawfully be excluded, restricted or modified under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law.

25.2 Where mandatory statutory rights apply, those rights prevail to the extent of any inconsistency with these Terms.

26. Entire Agreement

26.1 The PO, together with these Terms and any documents expressly incorporated into the PO, constitutes the agreement between Urban Steel and the Supplier regarding the relevant purchase.

26.2 Any amendment must be agreed in writing by an authorised representative of Urban Steel.

Purchase Order Terms & Conditions – Version 1.