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KEIM Australia Terms & Conditions

1. Entire Agreement

1.1 These Conditions of Sale ("Conditions") apply to all Goods and Services supplied by KEIM Australia Pty Ltd ("the Supplier"). 1.2 These Conditions prevail over any other terms, including any terms attached to a Buyer’s purchase order or documentation, regardless of when such terms are received. 1.3 No variation to these Conditions is binding unless expressly agreed in writing and signed by the Managing Director of KEIM Australia.

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2. Quotes, Orders, and Pricing

2.1 A quotation is an invitation to treat and does not constitute a binding offer. Keim Australia reserves the right to accept or reject any Order in its absolute discretion. 2.2 Prices are quoted in AUD (unless otherwise stated) and are subject to change without notice. The price payable for the Goods shall be the price ruling at the date of dispatch. 2.3 Tinted and Bespoke Goods: The Buyer acknowledges that Goods tinted to a specific colour code or manufactured to a custom specification are "made-to-order." These Goods cannot be cancelled, returned, or refunded once production has commenced.

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3. Payment and PPSA Security

3.1 Payment is due in full prior to delivery unless the Buyer has an approved credit account. For credit accounts, payment is due 30 days from the end of the month of invoice. 3.2 Retention of Title: Title to and ownership of the Goods remains with KEIM Australia and does not pass to the Buyer until all amounts owing by the Buyer to the Supplier (including any interest or costs) are paid in full. 3.3 PPSA: These Conditions constitute a Security Agreement for the purposes of the Personal Property Securities Act 2009 (Cth) ("PPSA"). The Buyer grants KEIM Australia a Purchase Money Security Interest (PMSI) in all Goods and their proceeds. 3.4 The Buyer shall do all things required to enable the Supplier to register its security interest on the Personal Property Securities Register ("PPSR"). 3.5 Until title passes, the Buyer must store the Goods as bailee for the Supplier, clearly identifying them as the property of KEIM Australia. The Buyer grants the Supplier an irrevocable license to enter any premises to inspect or reclaim unpaid Goods.

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4. Delivery and Force Majeure

4.1 Any delivery date or time provided is an estimate only. Time is not of the essence. 4.2 KEIM Australia is not liable for any loss, damage, or expense (including, without limitation, labour costs, scaffolding hire, or liquidated damages under a head contract) arising from a delay in delivery or failure to deliver. 4.3 Force Majeure: The Supplier is excused from performance if delayed by events beyond its reasonable control, including but not limited to: international shipping disruptions, port closures, global raw material shortages, or labour disputes.

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5. Warranties and Limitation of Liability

5.1 Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law ("ACL"). 5.2 To the maximum extent permitted by law, the Supplier’s liability for a breach of a non-excludable condition is limited, at its option, to: (a) the replacement of the Goods; or (b) the cost of replacing the Goods. 5.3 Technical Disclaimer: The Supplier is not liable for any defect or failure caused by:

  • (a) Faulty substrate preparation, rising damp, or structural movement;

  • (b) Application by unqualified persons or failure to follow Technical Data Sheets (TDS);

  • (c) Intermixing KEIM products with third-party binders, thinners, or additives not approved in writing by the Supplier. 5.4 Consequential Loss: The Supplier shall not be liable for any indirect, special, or consequential loss, including loss of profits, loss of revenue, or business interruption.

 

6. Inspection, Returns, and Claims

6.1 The Buyer must inspect the Goods on delivery. Claims for short supply, error, or damage must be made in writing within 7 days of delivery. 6.2 Returns of standard stock items (non-tinted) require prior written approval, will incur a 20% restocking fee, and must be returned in original, unopened condition at the Buyer’s expense.

 

7. Intellectual Property

7.1 All intellectual property, including colour formulations, trademarks, and technical specifications, remains the exclusive property of KEIM Australia. No license is granted to the Buyer to use these assets for marketing third-party services without express written consent.

 

8. Indemnity

8.1 The Buyer indemnifies the Supplier against all costs, claims, and expenses (including legal costs on a solicitor-client basis) arising from the Buyer’s breach of these Conditions or the negligent use, storage, or application of the Goods by the Buyer or its contractors.

 

9. Jurisdiction

9.1 These Conditions are governed by the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales.

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