TERMS & CONDITIONS

1. Introduction and Definitions

1.1  These Terms and Conditions (“Terms”) govern all sales of products and services by Elevate Survey Supplies (ABN: 89 606 198 420) (“We”, “Our”, “Us”, “Company”, or “Elevate”), to any person or entity (“You”, “Client”, “Buyer”, or “Customer”).

1.2  By placing an order with Us, whether via the website at https://www.elevatesurvey.com.au, by email, telephone, or any other means, You acknowledge that You have read, understood, and agree to be bound by these Terms, together with our Returns and Refunds Policy, Delivery Policy, and Privacy Policy, all available on our website.

1.3  These Terms are governed by the laws of Western Australia and the Commonwealth of Australia. Both parties submit to the non-exclusive jurisdiction of the courts of Western Australia and any courts entitled to hear appeals therefrom.

1.4  In these Terms: “GST” means goods and services tax as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth); “ACL” means the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth); “PPSA” means the Personal Property Securities Act 2009 (Cth); “Business Day” means any day other than a Saturday, Sunday, or gazetted public holiday in Western Australia; “Products” means any goods or services supplied by Elevate to the Buyer; “Contract” means a contract for sale formed in accordance with clause 3; “Excluded Loss” means loss of revenue, loss of profit, loss or denial of opportunity, loss of access to markets, loss of goodwill, loss of business reputation, loss of data, business interruption, increased overhead costs, or wasted management time.

2. Prevalence of Terms

2.1  These Terms constitute the entire agreement between the parties in relation to the supply of Products by Elevate Survey Supplies. These Terms supersede and prevail over any other terms and conditions, whether written, oral, implied, or otherwise, including without limitation any terms and conditions contained in or attached to any purchase order, requisition, confirmation, correspondence, or other document issued by the Buyer.

2.2  No terms or conditions contained in or referred to in any purchase order, acknowledgement, confirmation, specification, or other document issued by the Buyer shall form part of the Contract between the parties, regardless of when such document is submitted, and even if such document purports to provide that the Buyer’s terms and conditions shall prevail.

2.3  The acceptance by Elevate of a purchase order or the commencement of supply by Elevate does not constitute acceptance of any terms and conditions contained in or attached to the Buyer’s purchase order. Any supply by Elevate is made exclusively on these Terms.

2.4  No variation, amendment, or waiver of these Terms shall be binding unless agreed in writing and signed by a duly authorised representative of Elevate Survey Supplies.

2.5  If any provision of these Terms is found to be invalid, illegal, or unenforceable under any applicable law, that provision shall be severed to the minimum extent necessary and the remaining provisions shall continue in full force and effect.

3. Orders, Quotations and Specifications

3.1  All quotations provided by Us are invitations to treat only and do not constitute binding offers. Quotations are valid for 30 days from the date of issue unless otherwise stated in writing.

3.2  An order constitutes an offer by the Buyer to purchase Products in accordance with these Terms. We reserve the right to accept or decline any order at Our sole discretion.

3.3  A binding Contract is formed only when We accept the Buyer’s order by issuing an order confirmation, tax invoice, or by dispatching the Products, whichever occurs first.

3.4  We reserve the right to correct any errors in quotations, pricing, or product descriptions at any time prior to dispatch, including errors arising from typographical mistakes, system errors, or incorrect pricing on Our website.

3.5  Orders cannot be cancelled or varied by the Buyer once accepted by Us without Our prior written consent. If We agree to a cancellation, a cancellation fee of up to 20% of the order value may apply, plus the cost of any work already performed or materials already committed.

3.6  Custom or made-to-order Products (including but not limited to custom-cut timber products, custom-painted stakes, or non-standard dimensions) are non-cancellable and non-refundable once production has commenced.

3.7  Buyer’s Responsibility for Specifications: It is the Buyer’s responsibility to carefully check and confirm all items, quantities, measurements, and specifications before placing an order. Where We accept any order, unless specifically agreed otherwise, We do so on the basis that the Buyer bears full responsibility for ensuring the accuracy of all items, quantities, measurements, and specifications and that they comply with any plans, drawings, or other documents provided by the Buyer.

3.8  Performance Data and Specifications: To the extent permitted by law, any performance data, specifications, or technical information provided by Us which is sourced from a supplier or manufacturer is an estimate only and is passed on by Us in good faith. We have not independently verified the accuracy or completeness of such data. The Buyer should exercise reasonable care in relying on such information.

3.9  Substitute Products: Unless agreed to the contrary in writing, We reserve the right to offer an alternative brand or substitute product that has characteristics most closely aligned to what has been quoted, provided the substitute is of equivalent or superior quality. We will notify the Buyer of any substitution before dispatch where reasonably practicable.

4. Pricing and Payment

4.1  All prices are quoted in Australian Dollars (AUD) and are exclusive of GST unless expressly stated otherwise.

4.2  GST will be charged on all taxable supplies in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (Cth). A valid tax invoice will be provided.

4.3  For website orders, payment is required in full at the time of placing the order via the payment methods available on Our website.

4.4  For approved credit account customers, payment terms are strictly 30 days from the date of invoice unless otherwise agreed in writing. Credit terms are subject to approval at Our sole discretion and may be varied or withdrawn at any time upon reasonable notice.

4.5  If any amount is not paid by the due date, We reserve the right to:

• charge interest on the overdue amount at the rate of 2% per month (or part thereof), calculated daily from the due date until payment is received in full;
• suspend or cancel any outstanding orders or further supply until all overdue amounts are paid;
• require pre-payment or cash on delivery for future orders;
• recover all costs and expenses (including legal fees on a solicitor-client basis and debt collection agency costs) incurred in recovering the overdue amount; and
• register a default on the Buyer’s credit file with any credit reporting agency.

4.6  The Buyer is not entitled to set off, deduct, or withhold any amount owing to Us against any claim, counterclaim, or dispute the Buyer may have, whether related to the supply or otherwise.

4.7  We reserve the right to adjust prices at any time upon reasonable notice. Price changes will not affect orders already accepted by Us, subject to clause 5.8.

5. Delivery

5.1  Delivery charges are calculated per order based on the delivery address. Free delivery is available for qualifying orders in specified zones as published on Our website.

5.2  Delivery times provided are estimates only and are not guaranteed. We are not liable for any loss or damage arising from late delivery or failure to deliver due to circumstances beyond Our reasonable control.

5.3  We require a street address for delivery. We cannot deliver to P.O. Boxes.

5.4  Deliveries must be signed for. Any person at the delivery address who receives the Products is deemed to be authorised by the Buyer to accept delivery on the Buyer’s behalf.

5.5  Part Deliveries: We reserve the right to make part deliveries of any order. Each part delivery may be invoiced separately and shall constitute a separate sale upon the same Terms. A part delivery shall not invalidate the balance of any order.

5.6  Inspection: The Buyer must inspect all Products upon delivery and must within 7 days of delivery give written notice to Us of any damage, discrepancy, shortage, wrong specification, or similar problem. Subject to the Buyer’s rights under the ACL, failure to give such notice within 7 days shall constitute acceptance of the Products in good order. Acceptance of the Products does not prevent the Buyer from making a claim under the statutory consumer guarantees of the ACL.

5.7  If the Buyer fails to take delivery, provide adequate delivery instructions, or is unavailable to accept delivery, We may charge reasonable storage fees and re-delivery fees.

5.8  Delayed Collection or Delivery: Where delivery or collection of Products in an accepted order does not take place within 30 days of acceptance of that order (other than where directly attributable to Our negligence or wrongful act), We reserve the right to reprice the Products prior to delivery and provide a replacement quotation to the Buyer, which the Buyer may accept or reject.

5.9  Risk in the Products passes to the Buyer upon delivery or, where the Buyer is to collect the Products, upon notification that the Products are ready for collection.

6. Retention of Title

6.1  Legal and equitable title to all Products supplied remains with Elevate Survey Supplies until We have received payment in full for those Products and all other amounts owing to Us by the Buyer on any account whatsoever.

6.2  Until title passes:

• the Buyer holds the Products as bailee for Elevate and must store them separately and in a manner that clearly identifies them as the property of Elevate;
• the Buyer must not remove, deface, or alter any identifying marks on the Products;
• the Buyer may sell the Products in the ordinary course of its business as agent for Elevate and must account to Elevate for the proceeds of sale (including any proceeds from insurance claims), and such proceeds must be kept in a separate, identifiable bank account;
• the Buyer must not grant any security interest, lien, or encumbrance over the Products without Our prior written consent;
• We may enter the Buyer’s premises (or any premises where the Products are stored) to inspect and repossess any Products for which payment has not been made, without notice and without liability for trespass or damage; and
• the Buyer grants Us an irrevocable licence to enter any premises where the Products are reasonably believed to be stored for the purpose of inspection and repossession under this clause. This right continues after termination of the Contract.

6.3  The Buyer acknowledges that this clause creates a purchase money security interest (PMSI) within the meaning of the PPSA and consents to Elevate registering a financing statement on the Personal Property Securities Register (PPSR) in respect of the Products. The Buyer waives any right to receive notice of a verification statement under section 157 of the PPSA. The Buyer agrees to do all things necessary to give effect to this clause, including signing any documents and providing any information We may reasonably require.

6.4  The Buyer waives its rights under sections 95, 96, 118, 121(4), 125, 130, 132(3)(d), 132(4), 135, 142 and 143 of the PPSA to the extent permitted by law.

7. Returns, Refunds and Consumer Guarantees

7.1  Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.

7.2  Major Faults: If a Product has a major failure, You may choose a replacement, a refund, or compensation for any reduction in value.

7.3  Minor Faults: If the failure is not major, We will repair, replace, or refund the Product within a reasonable timeframe, at Our option.

7.4  We aim to assess returns within 5 Business Days of receiving the Product. Repairs or replacements are typically processed within 10–15 Business Days, depending on stock availability or manufacturer assessment. Refunds are issued via the original payment method once the return is approved.

7.5  Change of Mind: We are not required to accept returns for change of mind. If We agree to accept a change of mind return at Our sole discretion, a 20% restocking fee may apply, all delivery costs are non-refundable, and Products must be returned unused, in original packaging, and in resaleable condition within 14 days of delivery.

7.6  Proof of purchase is required for all claims. Contact Us at admin@elevatesurvey.com.au as soon as possible after discovering a problem.

7.7  These return and refund provisions do not exclude, restrict, or modify any rights the Buyer may have under the ACL or any other applicable consumer protection legislation.

8. Warranties and Limitation of Liability

8.1  Elevate Survey Supplies provides Products for use in construction, surveying, mining, subdivision, and related applications. We take reasonable steps to ensure Our Products are of good quality and fit for their intended purpose.

8.2  Timber Products — Natural Variation: Many of Our Products are manufactured from natural hardwood timber sourced from sustainably sourced forests. Timber is a natural product and as such may exhibit natural variations in grain, colour, texture, density, and surface finish. These natural characteristics, including but not limited to grain variation, colour variation between individual stakes or pegs, natural knots, sap lines, minor surface checking (hairline surface cracks), and minor dimensional variation within standard manufacturing tolerances, are inherent properties of natural timber. They are not defects and do not constitute a failure to comply with the consumer guarantees under the Australian Consumer Law. The Buyer acknowledges and accepts these natural characteristics when purchasing timber Products.

8.3  Timber Products — Painted and Treated Products: Where Products are painted (including survey stakes painted in Dulux or equivalent for visibility), minor variations in paint coverage, colour consistency, and finish may occur due to the natural absorbency characteristics of the timber substrate. Such variations are not defects. The Buyer is responsible for ensuring that Products are stored in a dry, well-ventilated area and are protected from prolonged exposure to direct sunlight, standing water, and excessive moisture, which may affect paint adhesion, timber condition, and product longevity.

8.4  Timber Products — Fitness for Purpose: Our timber survey stakes, pegs, and related products are designed and manufactured for use as temporary ground markers in surveying, construction, civil contracting, mining, landscaping, and related applications. They are not engineered structural products. We do not warrant their suitability for any purpose other than their intended use as described in Our product descriptions and specifications.

8.5  Except as expressly stated in these Terms and to the maximum extent permitted by law (including the ACL), all warranties, representations, conditions, and guarantees whether express or implied by statute, custom, or otherwise are excluded.

8.6  Where any consumer guarantee under the ACL cannot be excluded, Our liability is limited, at Our option, to:

• the replacement of the Products or the supply of equivalent Products;
• the repair of the Products;
• the payment of the cost of replacing the Products or acquiring equivalent Products; or
• the payment of the cost of having the Products repaired.

8.7  To the maximum extent permitted by law, We are not liable for any Excluded Loss, whether arising in contract, tort (including negligence), statute, or otherwise, and regardless of whether such loss was foreseeable.

8.8  These exclusions apply only to the extent permitted by law and do not exclude or limit Your rights under the Australian Consumer Law.

8.9  To the maximum extent permitted by law, all warranties, guarantees, indemnities, or liabilities provided by Elevate Survey Supplies are strictly limited to the original purchaser of the Products and are not transferable.

8.10  Subject to the ACL, Our total aggregate liability to the Buyer under or in connection with these Terms, whether in contract, tort, or otherwise, shall not exceed the price paid by the Buyer for the specific Products giving rise to the claim.

9. Intellectual Property

9.1  All content on Our website, including but not limited to text, images, graphics, logos, product descriptions, videos, and software, is owned by Elevate Survey Supplies or Our licensors and is protected by Australian and international copyright, trademark, and intellectual property laws.

9.2  You may view and use the material for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any content without Our prior written consent.

9.3  If You post content on Our website (e.g., reviews or comments), You are responsible for ensuring it does not violate intellectual property, privacy, or defamation laws. You grant Us a non-exclusive, royalty-free, perpetual licence to use, reproduce, and display such content in connection with Our business.

10. Privacy

10.1  Your use of this website and provision of personal information to Us is subject to Our Privacy Policy, which complies with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

10.2  We use cookies in accordance with Our Privacy Policy. By using the site, You consent to the use of cookies as described therein.

10.3  We will only collect, use, and disclose personal information in accordance with Our Privacy Policy and applicable Australian privacy legislation. We may provide Your personal information to third parties (including Our suppliers and delivery contractors) for the purpose of fulfilling and delivering Your order.

11. Force Majeure

11.1  We shall not be liable for any failure or delay in performing Our obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond Our reasonable control, including but not limited to natural disasters, pandemics, epidemics, government restrictions, sanctions, embargoes, shipping disruptions, port congestion, supplier failures, raw material shortages, strikes, industrial action, fire, flood, storm, or acts of terrorism (“Force Majeure Event”).

11.2  If a Force Majeure Event occurs, We will notify the Buyer as soon as reasonably practicable and will use reasonable endeavours to mitigate the effect of the event.

11.3  If a Force Majeure Event continues for more than 90 days, either party may terminate any affected order by written notice without liability.

12. Indemnity

12.1  To the extent permitted by law, the Buyer indemnifies and holds harmless Elevate Survey Supplies, its directors, officers, employees, and agents from and against any loss, damage, claim, expense (including legal costs on a solicitor-client basis), or liability arising out of or in connection with:

• the Buyer’s breach of these Terms;
• the Buyer’s negligent or wrongful acts or omissions;
• any claim by a third party arising from the Buyer’s use of, resale of, or dealing with the Products;
• any misuse, improper handling, or improper storage of the Products by the Buyer; and
• any inaccuracy in specifications, measurements, or information provided by the Buyer.

13. Termination and Suspension

13.1  Without limiting any other right or remedy, We may suspend or terminate supply under any Contract immediately by written notice if:

• the Buyer fails to pay any amount due under these Terms by the due date;
• the Buyer breaches any material term of these Terms and fails to remedy the breach within 14 days of written notice;
• the Buyer becomes insolvent, enters into administration, receivership, liquidation, or makes any arrangement with its creditors; or
• We reasonably believe that the Buyer will be unable to pay for the Products when payment falls due.

13.2  Upon termination, all amounts owing to Us become immediately due and payable, and Our retention of title rights under clause 6 apply.

14. Dispute Resolution

14.1  If a dispute arises in connection with these Terms, the parties agree to first attempt to resolve the dispute through good faith negotiation.

14.2  If the dispute is not resolved within 14 days of written notice of the dispute, either party may refer the dispute to mediation administered by the Resolution Institute (or its successor body) in Perth, Western Australia. The costs of mediation shall be shared equally.

14.3  If mediation does not resolve the dispute within 28 days of referral, either party may commence legal proceedings.

14.4  Nothing in this clause prevents a party from seeking urgent injunctive or interlocutory relief from a court of competent jurisdiction at any time.

15. General

15.1  These Terms, together with any order confirmation or tax invoice issued by Us, constitute the entire agreement between the parties relating to the supply of Products and supersede all prior negotiations, understandings, and agreements.

15.2  No failure or delay by Us in exercising any right under these Terms shall operate as a waiver of that right, nor shall any single or partial exercise preclude any further exercise of that right or any other right.

15.3  We may assign, novate, or transfer any of Our rights or obligations under these Terms without the Buyer’s consent. The Buyer may not assign any rights or obligations without Our prior written consent.

15.4  We may update these Terms from time to time. The current version will be published on Our website. Continued use of the website or continued placing of orders after changes are published constitutes acceptance of the updated Terms. Material changes will be notified to credit account customers.

15.5  All notices required or permitted under these Terms shall be in writing and delivered by email, post, or hand to the addresses provided by each party. Notices are deemed received on the Business Day after sending by email, or 3 Business Days after posting.

15.6  Each party must comply with all applicable laws and regulations in connection with the supply and purchase of Products, including the ACL, workplace health and safety legislation, and environmental legislation.

15.7  Nothing in these Terms is intended to exclude, restrict, or modify any right or remedy, or any guarantee, warranty, or other term or condition implied or imposed by any legislation which cannot lawfully be excluded, restricted, or modified.

16. Contact Information

For questions about these Terms and Conditions, please contact:

Elevate Survey Supplies
Email: admin@elevatesurvey.com.au
Phone: 08 6507 2948
Website: www.elevatesurvey.com.au
Business Hours: Monday–Friday, 8:00 AM – 4:00 PM (AWST)