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Terms of Trade

JUNE 2026

1. DEFINITIONS

In these Terms of Trade; 

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth);   

Business Day means any day other than a Saturday, Sunday or public holiday in Brisbane, Queensland.  

Contract means a contract of sale arising out of an Order accepted by the Seller in its absolute discretion, consisting of the Invoice, the Order, and the Terms of Trade. 

Consequential Loss means any indirect loss, loss of revenue, loss or reputation, loss of profits, loss of actual or anticipated savings, lost opportunities (including opportunities to enter into arrangements with third parties), and loss or damage in connection with claims against the Seller by third parties. 

Delivery Location means the Purchaser’s premises or address identified in the Order. 

Due Date means in relation to an Invoice, the date on which the price of the Goods supplied by the Seller (the subject of the Invoice) must be paid and being 30 days after the last Business Day of the calendar month in which the Invoice is issued by the Seller; 

Goods means any of the products supplied to thepurchased by the Purchaser by or on behalf offrom the Seller as specified in the Invoice;  

GST has the same meaning as defined in the GST Act; 

GST Act means A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended or replaced from time to time and any associated legislation including without limitation delegated legislation; 

Force Majeure Event means any occurrence outside the Seller’s reasonable control, as a direct or indirect result of which the Seller is prevented from or delayed in performing its obligations under a Contract and includes: 

a) a physical natural disaster including fire, flood, lightning or earthquake; 

b) war or other state of armed hostilities (whether war is declared or not), insurrection, riot, civil commotion, act of public enemies, national emergency (whether in fact or in law) or declaration of martial law; 

c) epidemic or quarantine restriction; 

d) ionising radiation or contamination by radioactivity from any nuclear waste or from combustion of nuclear fuel; 

e) confiscation, nationalisation, requisition, expropriation, prohibition, embargo, restraint or damage to property by or under the order of any Government Agency; 

f) law taking effect after the date of this document; and 

g) strike, lock-out, stoppage, labour dispute or shortage including industrial disputes that are specific to a party or the party’s subcontractors. 

Invoice means the Invoice issued by the Seller in relation to a Contract setting out certain terms applicable to the Contract; 

Order means any offer, whether oral or in writing or electronic made by the Purchaser to the Seller to purchase Goods from the Seller; 

Parts Pricebook means the pricebook setting out the price for Parts Goods made available on the Website, as may be updated or amended from time to time. 

Price means the price for Goods as specified in the then-current version of the Parts Pricebook. 

PPSA means the Personal Properties Securities Act 2009 (Cth) as amended from time to time; Purchaser means the purchaser of the Goods; 

Seller means Suremesh Pty Ltd ABN 70 690 713 896 of Warehouse C/14 Dixon St, Yatala QLD 4207; 

Website means the website operated by the Seller from time to time and currently being suremesh.com. 

2. CONTRACT

a) A Contract will be formed between the Seller and the Purchaser which incorporates the Terms of Trade, when following receipt of an Order from the Purchaser, the Seller confirms acceptance of the Order in writing or provides the Goods set out in that Order. The Contract constitutes the entire agreement between the Purchaser and the Seller in relation to the supply and purchase of the Goods set out in the Order.

b) This Contract consists of the following documents:

i) the invoice

ii) the Order; and

iii)these Conditions.

c) If there is any inconsistency between any of these documents, the terms of the first part appearing in clause 2(b) will prevail to the extent of any inconsistency.

d) If the Purchaser does not agree to these Terms of Trade, the Seller will not be required to provide the Goods set out in the Order to the Purchaser.

e) For clarity, the Terms of Trade that apply to the Contract are those published on the Website as at the date the relevant Order is accepted by the Seller. A Contract may only be varied by written agreement between the parties.

 

3. PRICES

a) The Price will be specified in the Invoice and, unless otherwise expressly stated, payable in Australian currency on or before the Due

b) The Price does not include GST, which is to be added to the Invoice if applicable.

c) The Seller is entitled to charge the Purchaser:

i) interest at a rate (https://www.westpac.com.au/business-banking/) on any amount outstanding as at the Due Date calculated from the day after the Due Date until the amount in question is paid in full;

ii) if the Seller is liable for GST in relation to the sale of the Goods or any other “Supply” under this Contract, as that term is defined in the GST Act, the consideration payable by the Purchaser will be increased by an amount calculated by multiplying the price or the amount of the other “Supply” by the rate of GST;

iii) any reasonable cost which the Seller has paid associated with the recovery of any amount owed by the Purchaser to the Seller after the Due Date, including but not limited to fees paid to solicitors and debt collectors;

iv) an administration charge of $25.00 where any cheque given to the Seller by the Purchaser is not honoured on first presentation which must be paid to the Seller on demand; and

v) reasonable bank fees or any other bank charges, charged to the Seller as a result of payment being made by the Purchaser by way of credit or debit cards which must be paid to the seller on demand.

4. ORDERS

a) Once an Order has been accepted by the Seller in writing, the Purchaser is not entitled to revoke or cancel the Order except:

1) by written notice to Purchaser contact email or premises where Suremesh has notified the Purchaser that the relevant Goods are out of stock and Suremesh is unable to provide the Goods within 45 days of such notice; or

2) in any other circumstance, with the written consent of the Seller and on terms which will indemnify the Seller against any loss or damage resulting from the revocation or cancellation of the Order by the Purchaser.

 

 

5. DELIVERY

a) Unless otherwise agreed between the parties, the Seller will arrange delivery of the Goods to the Delivery Location using the Seller’s preferred freight provider.

b) If the Seller is required to coordinate and arrange the freight, the Purchaser will be invoiced and charged the full cost of the freight plus an administration fee of 20% of the cost of the freight, unless otherwise agreed in writing by the parties

c) The Purchaser must pay all the transportation charges for delivery of the Goods (including freight charges) invoiced by the Seller in accordance with clause 5(b).

d) Time will not be of the essence of each Any delivery date quoted by the Seller will be approximate only. If no delivery date is quoted then the Seller will arrange delivery of the Goods as soon as it can reasonably do so.

e) No claim of any nature will lie against the Seller for Goods lost or damaged in transit through whatever cause, including negligence, and any carrier of the Goods will be deemed to be the agent of the Purchaser even where such carrier has been engaged by the Seller. The Seller recommends that the Purchaser obtains insurance in relation to the Goods.

f) To the extent permitted by law, all claims in respect of Goods delivered, including claims that the Goods are defective, must be made in writing to the Seller within 7 days of the delivery of the Goods (whether or not at the Seller’s premises), failing such claim the Purchaser will be deemed to have accepted the delivery of the Goods and, subject to clauses 9(a) and 9(d) and to the maximum extent permitted by law, will be deemed to have waived its right to claim against the Seller.

g) If the Seller is affected by a Force Majeure Event, the Seller may delay or suspend the delivery of Goods under an Order by notifying the Purchaser. The Seller may with the consent of the Purchaser cancel the Order , after which the Purchaser will have no further claim on the Goods. If the Order is not cancelled, the Seller will complete delivery as soon as reasonably possible.

6. RETURNS

a) Subject to clauses 9(a) and 9(d) and to the maximum extent permitted by law, Goods may only be returned for store credit with the written consent of the Seller (which will not be unreasonably withheld) and if the Purchaser returns the Goods without the Seller’s written consent, the Goods will not be accepted for store credit and the Seller will be entitled to:

  1. return the Goods to the Purchaser at the Purchaser’s expense, which expenses will be payable on demand by the Seller; or
  2. if the Purchaser is indebted to the Seller, whether liquidated or not, hold the Goods as a pledge in respect of the Purchaser’s indebtedness to it, and sell the Goods and apply the proceeds of sale to the amount owing by the Purchaser and return any amount in excess to the Purchaser.

b) If the Seller accepts the return of the Goods in accordance with clause 6(a), the Seller will be entitled to charge a handling and restocking fee equivalent to 10% of the price of the returned Goods quoted on the relevant Invoice. All transportation charges (including freight charges) must be paid by the Purchaser. The handling and restocking fee and transportation charges will be payable by the Purchaser to the Seller within 7 days from the date of the return of the Goods concerned.

7. BREACH

a) If-

  1. the Purchaser breaches any of the terms of any Contract (including the term requiring the Purchaser to make payment by the Due Date) and fails to remedy the breach within 7 days of receiving written notice requiring it to do so by Seller; or
  2. the Purchaser breaches a term of any Contract that is incapable of remedy; or
  3. an application or order is made for the winding-up or sequestration of the Purchaser or an application or order is made to place the Purchaser under official management; or
  4. the Purchaser endeavours to or enters into any arrangement, compromise or composition with any of its creditors; or
  5. the Purchaser fails to satisfy any judgement against it within 7 days after date of judgement; or
  6. any of the assets of the Purchaser or any of the Goods in the possession of the Purchaser which have not been paid in full, are seized under legal process issued against the Purchaser; or
  7. a receiver, receiver and manager, controller, administrator, official manager, trustee or similar official is appointed over any of the assets or undertakings of the Purchaser; o
  8. the Purchaser ceases to carry on business,

the Seller will have the right and option without prejudice and in addition to all rights under these Terms of Trade or a law or in equity to terminate the Contract.

b) On termination of the Contract, the Purchaser must pay all amounts due to the Seller for work performed and Goods delivered as at the date of termination as well as the Seller’s reasonable expenses relating to the termination of the Contract. If the Purchaser and Seller have entered into numerous contracts to which these (or an updated or previous version of) the Terms of Trade apply (Relevant Contracts), and the Purchaser commits a material breach of at least 2 of such contracts, the Seller may terminate some or all of the Relevant Contracts by providing written notice to the Purchaser.

8. DISCLAIMER

a) Subject to clause 9(a) and 9(d) and to the maximum extent permitted by law, the Seller makes no representation whether express or implied as to the merchantability, condition, durability or fitness for the purpose for which the Goods are to be used and any implied warranty as to latent defects is expressly Without limiting the generality of the aforegoing, it is recorded that

  1. the specifications pertaining to the mesh and other Goods are target specifications; and
  2. the actual specifications for the mesh and any of the Goods may differ taking into account reasonable manufacturing

9. LIABILITY

a) Nothing in these Terms of Trade is intended to exclude, restrict or modify rights, guarantees and remedies that may be conferred on the Purchaser under the Competition and Consumer Act 2010 (Cth) or any other legislation that cannot be excluded, restricted or modified.

b) Subject to clauses 9(a), 9(c) and 9(d) and to the maximum extent permitted by law, the Seller’s (including the Seller’s officers, employees, agents, contractors and subcontractors) maximum aggregate liability to the Purchaser in connection with a Contract, whether in contract, tort (including negligence) or otherwise, is limited to the price paid by the Purchaser under that Contract.

c) Subject to clause 9(a) and 9(d), the Seller (including the Seller’s officers, employees, agents, contractors and subcontractors) will not be liable, whether in contract, tort (including negligence) or otherwise, for any Consequential Loss, suffered by the Seller in connection with a Contract.

d) If the Competition and Consumer Act 2010 (Cth) or any other legislation states that there is a guarantee in relation to any Good supplied by the Seller in connection with a Contract and the Seller’s liability for failing to comply with that guarantee cannot be excluded but may be limited, then clauses 9(b) and 9(c) do not apply to that liability and instead the Seller’s liability for such failure is limited to (at the Seller’s election):

  1. the replacement of the relevant Goods or the resupply of equivalent Goods;
  2. the repair of the relevant Goods;
  3. the payment of the cost of replacing the relevant Goods; or
  4. the payment of the cost of having the relevant Goods repaired.

e) The Seller’s liability to the Purchaser in connection with a Contract will be reduced proportionately to the extent that the Purchaser’s loss or damage was caused or contributed to by the Purchaser’s acts or omissions.

f) Each of the terms contained in these Terms of Trade which exclude liability on the part of the Seller will be a separate and severable term, and if any such term becomes unenforceable for any reason whatever, that term is severable from and will not affect the validity of the other terms.

g) In the event of a breach by the Purchaser of any Contract, the Purchaser will be liable to and hereby indemnifies the Seller against all reasonable costs, charges and expenses incurred by the Seller as a consequence of that breach including but not limited to all legal costs, charges and expenses incurred calculated on a solicitor and client basis.

10. OWNERSHIP

a) Title in the Goods will pass to the Purchaser when the Goods supplied by the Seller to the Purchaser have been paid in full.

b) Unless otherwise agreed in writing between the parties, notwithstanding clause 10(a), all risk of loss, damage or other injury to the Goods will pass from the Seller to the Purchaser on the earlier of the Seller:

    1. providing the Goods to the relevant freight provider transporting the Goods; or
    2. having made the Goods available to the Purchaser at the Delivery Location or otherwise, if agreed by the parties, available for the Purchaser to collect from Suremesh.

c) The Purchaser will indemnify and keep indemnified the Seller against loss, damage or other injury to the Goods from the earlier of the dates set out in clause 10(b) until full payment for the Goods has been received by the Seller.

d) Until full payment for the Goods is received by the Seller, the Purchaser must keep the Goods as bailee for the Seller. The Purchaser is at liberty to sell the Goods in the ordinary course of business in the name of the Purchaser and as a principal and not as agent for the Seller but the benefit of any such sale and the proceeds of any such sale belongs to the Seller absolutely until full payment for the Goods is received by the Seller.

e) The Purchaser must not represent to any third party that it is in any way acting for the Seller and the Seller will not be bound by any contract in relation to the Goods which the Purchaser may enter into with any third party.

f) The Purchaser must keep separate accurate and current records of all Goods delivered to it by the Seller and the sale of any of those Goods by it to third parties.

g) Until full payment for the Goods is received by the Seller, the Purchaser must keep the Seller’s Goods separate from all other Goods in an area designated for that purpose in the Purchaser’s premises and must at all times prominently display a notice in such area stating that ownership of the Goods is reserved to the Seller. If at any time required by the Seller, the Purchaser must give notice to the landlord of the premises in which any of the Goods are stored that the Goods is reserved to the If at any time required by the Seller, the Purchaser must give notice to the landlord of the premises in which any of the Goods are stored that the Goods are the property of the Seller.

h) If full payment is not received by the Seller by the Due Date, the Purchaser irrevocably authorises the Seller to enter the premises where the Goods are kept and retake possession of all Goods in the Purchaser’s possession which have not been fully paid.

i) In the event of a repossession under clause 9(h), the Seller will be entitled to sell the Goods and apply the proceeds of sale to the amount owing by the Purchaser.

j) The Purchaser indemnifies the Seller against any costs incurred by the Seller and claims arising from the entry into the premises where the Goods are kept retaking possession and selling the Goods.

k) If the Goods:

    1. become constituents of other products so as not to be separable from those products; or
    2. are converted into other products of a distinctly different character, then
      • a) the Seller has a charge over the other products and each of them to the extent of the unpaid purchase price of any Goods sold to the Purchaser; and
      • b) if the Purchaser sells those other products or any of them
        • i) the Seller has a charge over the rights of the Purchaser to receive the purchase price in respect of those other products or any of them to the extent of the unpaid purchase price of any Goods; and
        • ii) the Purchaser holds the proceeds of sale on trust for the Seller to the extent of the unpaid purchase price of any Goods.

11. PPSA

a) Unless otherwise stated, words and expressions defined in the PPSA will bear the same meanings when used in this clause

b) The Purchaser acknowledges that these Terms of Trade create a security interest under the The Purchaser has not agreed to postpone the time for attachment of the security interest granted to the Seller under these Terms of Trade.

c) Without derogating from any of the other provisions of these Terms of Trade, the Purchaser

    1. must, at the Seller’s request, promptly execute any documents and anything required to register the Seller’s security interest in the Goods under the PPSA;
    2. indemnifies, and upon demand will reimburse, the Seller for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register;
    3. must keep full and complete records of the Goods;
    4. must not without the prior written consent of the Seller create a security interest in or mortgage the Goods or any interest in them (or purport or attempt to purport to do such thing) or permit any lien over the Goods;
    5. without limiting any other right the Seller may have, must immediately return the Goods if requested to do so by the Seller following non-payment of any amount owing by the Purchaser to the Seller or following breach of any other obligation of the Purchaser to the Seller;
    6. gives the Seller the right to inspect the Goods at all reasonable times;
    7. must not change its name, address or contact details without providing the Seller with prior written notice; and
    8. must not register a financing change statement or apply to remove or alter the Seller’s registration in any way without the prior written consent of the Seller.

d) So far as is permitted by the PPSA, the Purchaser waives its right

    1. to receive a copy of any verification statement or financing change statement or a statement of account on sale of the Goods;
    2. to receive any notice required under the PPSA, including a notice that the Seller intends to sell the Goods or to retain the Goods on enforcement of the security interest granted to the Seller; and
    3. to object to a proposal by the Seller to retain the Goods in satisfaction of any obligation owed by the Purchaser to the seller

12. GENERAL

a) The Seller’s delivery notes will be deemed to be prima facie proof of delivery to the Purchaser of the Goods described in the delivery note. In the event of a dispute as to the quantity of Goods sold and delivered and their value, the onus of proving that the Goods were not delivered and/or the quantity and price thereof is not in accordance with the Seller’s Invoices will be upon the Purchaser.

b) No concession, latitude or indulgence allowed by the Seller to the Purchaser may be construed as a waiver or abandonment of any of its rights under the Terms of Trade or act as any estoppel against the Seller.

c) All payments to be made by the Purchaser must be free and clear, without any set-off, counterclaim or

d) If any terms and conditions of these Terms of Trade are invalid, such terms and conditions to the extent of their invalidity may be severed from these Terms of Trade and will not invalidate the remainder of the Terms of Trade.

e) The Seller in its sole and absolute discretion may appropriate any payment made by the Purchaser to any cause of indebtedness as may be owed by the Purchaser to the Seller.

f) The Purchaser irrevocably appoints the Seller its attorney and agent to do all acts and sign all documents in the name of the Purchaser and as the act and deed of the Purchaser to enable the Seller to exercise its rights under these Terms of Trade or any

g) Any notice given under these Terms of Trade must be served on the Purchaser at the last known place of businesses or residence of the Purchaser or on the Seller at Warehouse C/14 Dixon St, Yatala QLD 4207.

h) All Contracts, Invoices and these Terms of Trade are governed by the laws of Queensland and the Commonwealth of Australia, and the Purchaser submits to the jurisdiction of the Courts of that State.

i) Headings are for reference purposes only and do not affect interpretation of these Terms of Trade.