Terms and Conditions of Sale

Governs all sales by Elevate Survey Supplies.

Last updated: 24 April 2026

These Terms and Conditions of Sale apply to all sales of Products and services by Elevate Survey Supplies (ABN 89 606 198 420). By placing an order through our website at www.elevatesurvey.com.au, you agree to these Terms.

This document should be read together with our Delivery Policy, Returns and Refunds Policy, Privacy Policy, and (for credit account holders) our Terms and Conditions of Credit, all available at www.elevatesurvey.com.au.

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       All orders must be placed through our website at www.elevatesurvey.com.au. We do not accept orders by telephone, SMS, or any other verbal channel. An order placed by email will only be accepted where it is agreed in writing by an authorised representative of Elevate. By placing an order, You acknowledge that You have read, understood, and agree to be bound by these Terms, together with our Delivery Policy, Returns and Refunds Policy, Privacy Policy, and (where applicable) our Terms and Conditions of Credit, 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: “ACL” means the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth); “Business Day” means any day other than a Saturday, Sunday, or gazetted public holiday in Western Australia; “Carrier” means the freight, transport, or courier provider engaged by Us (or by Our subcontractor) to transport Products to the delivery address, and includes any Pre-Approved Core Carrier engaged by the Buyer under clause 5.15; “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; “Failed Delivery Event” has the meaning given in clause 5.10; “GST” means goods and services tax as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth); “Payment Method” has the meaning given in clause 4.8; “PPSA” means the Personal Property Securities Act 2009 (Cth); “Pre-Approved Core Carrier” has the meaning given in clause 5.15; “Products” means any goods or services supplied by Elevate to the Buyer; “Redelivery Charge” has the meaning given in clause 5.11.

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 orders must be placed through our website at www.elevatesurvey.com.au. We do not accept orders by telephone or other verbal means. Orders may be accepted by email only where specifically agreed in writing by an authorised representative of Elevate.

3.2       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.

3.3       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.

3.4       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.

3.5       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.

3.6       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 where, at the time the cancellation request is received, the order has entered production, has already been picked and packed, or shipping with a Carrier has been booked. The cancellation fee is in addition to (and does not limit) the cost of any work already performed, any materials already committed, and any non-recoverable Carrier booking, cancellation, or futile-delivery fees levied on Us in connection with the order.

3.7       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.

3.8  Buyer’s Responsibility for Specifications

3.8       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.

3.9  Performance Data and Specifications

3.9       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.

3.10  Substitute Products

3.10     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. Our payment processor is eWAY. We accept Visa and Mastercard only.

4.4       For approved credit account customers, payment terms are strictly 30 days from end of month statement 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 2.5% 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 5.9.

4.8  Authorisation to Charge Payment Method (Card Customers)

4.8       Where the Buyer has placed an order using a credit card, debit card, or other electronic payment method processed through eWAY or any other payment service provider engaged by Us from time to time (the “Payment Method”), the Buyer irrevocably authorises Elevate Survey Supplies, and any of its payment service providers, to debit the Payment Method for any further amounts properly payable by the Buyer in connection with the order, including without limitation:

(a)        Redelivery Charges and related costs payable under clauses 5.10 and 5.11;

(b)       storage, depot, demurrage, or handling fees levied on Us by a Carrier or third-party warehouse;

(c)        tail-lift, forklift, hand-unloading, waiting-time, residential-delivery, futile-delivery, and other ancillary freight charges levied on Us by a Carrier;

(d)       return freight costs where Products are returned through no fault of Ours;

(e)        restocking fees payable under clause 7.5;

(f)        any shortfall, chargeback reversal, dishonour fee, or unpaid amount in connection with the order; and

(g)       any reasonable costs of recovery (including bank fees, merchant service charges, and administration fees) where an earlier payment attempt has failed.

4.8.1    Before processing a charge against the Payment Method under this clause, Elevate will send the Buyer a Notice of Intended Charge by email to the address recorded against the order, setting out the amount to be charged, the reason for the charge, and where applicable a copy or summary of the Carrier’s supporting invoice or charge advice. The charge will be processed no earlier than 24 hours after the Notice of Intended Charge has been sent. A second email confirming that the charge has been processed will be sent at the time the charge is debited.

4.8.2    The 24-hour notice period provides the Buyer with a short opportunity to notify Elevate of any manifest administrative error (for example, wrong order number, duplicate charge, incorrect amount, or charge against the wrong Buyer). The Buyer acknowledges that the notice period does not provide a general opportunity to dispute the Redelivery Charge or other ancillary freight charges that have been properly incurred, and that the Buyer’s contractual authorisation to process the charge is not contingent upon the Buyer’s agreement with the charge at the end of the notice period.

4.8.3    In the event of suspected fraud, insolvency, or other circumstances where Elevate reasonably considers that delay would materially prejudice its ability to recover the amount owing, Elevate may process the charge on shorter notice or without prior notice, in which case Elevate will send the Notice of Intended Charge and confirmation email at the time of the charge and will set out the reason why the standard 24-hour notice period was not observed.

4.8.4    This authorisation constitutes a stored-credential authorisation for the purposes of the applicable card scheme rules (including Visa and Mastercard merchant rules) and continues in effect until the order is closed, all amounts owing in connection with the order are paid in full, and any dispute, chargeback, or return period has expired.

4.8.5    If the Payment Method is declined, expired, cancelled, or otherwise unable to be charged, the Buyer remains liable for the amount and must pay the amount by alternative means within 7 days of written demand. Clause 4.5 applies to any overdue amount.

4.8.6    The Buyer may withdraw this authorisation by written notice to Elevate at [email protected], but any withdrawal does not affect charges properly incurred before the withdrawal is received and actioned by Elevate, and does not relieve the Buyer of liability for such charges.

4.8.7    The Buyer acknowledges that this clause is specifically drawn to its attention at checkout (by way of a separate tickbox requiring active acceptance) and is an essential term of the Contract.

4.9  Authorisation to Charge Credit Account (Account Customers)

4.9       Where the Buyer holds an approved credit account with Elevate, the Buyer irrevocably authorises Elevate to add to the Buyer’s account, and invoice the Buyer for, any Redelivery Charges, storage charges, restocking fees, and all other amounts described in clause 4.8 paragraphs (a) to (g). Before adding such amounts to the Buyer’s account, Elevate will send the Buyer a Notice of Intended Charge by email, setting out the amount, the reason, and supporting documentation where available. The amount will be added to the Buyer’s account no earlier than 24 hours after the Notice of Intended Charge has been sent. Once added, such amounts are payable in accordance with the Buyer’s standard payment terms (being net 30 days from end of month statement unless otherwise agreed in writing). Clause 4.5 applies to any overdue amount.

4.9.1    Elevate will issue a supplementary tax invoice in respect of any amount charged under this clause, setting out the components of the charge (the Pass-Through Amount, any Admin Fee, and any storage or handling fees) with supporting documentation where reasonably available.

4.9.2    The 24-hour notice period provides the Buyer with a short opportunity to notify Elevate of any manifest administrative error. It does not provide a general opportunity to dispute the charge, and the Buyer’s authorisation is not contingent on the Buyer’s agreement with the charge at the end of the notice period.

4.9.3    The Buyer acknowledges that this clause is separately acknowledged in Our Credit Application and is an essential term of the credit facility.

5.  Delivery

5.1       Delivery charges are calculated per order based on the delivery address. All shipping charges will be shown at the checkout.

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 unless the Customer selects Authority to Leave (“ATL”). 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. Where the Customer authorises ATL, the Products are left at the delivery address entirely at the Customer’s sole risk. Elevate Survey Supplies accepts no liability for any loss, damage, theft, or deterioration of Products left pursuant to an ATL instruction, and no claim for refund, replacement, or credit will be accepted in respect of Products left under ATL. The Buyer acknowledges that ATL is a request only and that the Carrier has full discretion to refuse ATL where, in the Carrier’s opinion, no safe location to leave the Products is available (for example, where leaving a pallet against a kerb would create a traffic hazard, or where the unloading surface is sloped, soft, or unsuitable for pallet jack operation).

5.5  Part Deliveries

5.5       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

5.6       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  Carrier Arrangements and Customer Responsibilities

5.7.1    The Buyer acknowledges and agrees that:

(a)        We engage third-party Carriers to transport Products. The Carrier is not Our agent. Delivery, once Products leave Our warehouse, is performed by the Carrier subject to the Carrier’s own conditions of carriage;

(b)       Carriers do not telephone the Buyer or the Buyer’s representative prior to attending the delivery address. Any request for pre-delivery contact is a request only, is at the Carrier’s absolute discretion, and is not a term of the Contract. The Carrier will attempt delivery within the business hours window nominated by the Buyer at checkout or otherwise notified to Us (being a minimum 6-hour window between 7:00 AM and 5:00 PM, Monday to Friday);

(c)        Only some (not all) of Our Carriers offer live tracking. Where tracking is available, tracking details will be provided at or after dispatch. The absence of tracking is not a ground for refusing or disputing delivery;

(d)       The Buyer is responsible for ensuring the delivery address is accessible to heavy transport vehicles by sealed, trafficable road. The delivery address must not require travel over sand, gravel tracks, off-road terrain, unsealed private roads, or paddocks. Where a Carrier is unable to access the delivery address due to road conditions, gate closures, locked premises, unsafe access, or insufficient turning space for the Carrier’s vehicle, the delivery will be treated as a Failed Delivery Event under clause 5.10;

(e)        The Buyer is responsible for unloading Products at the delivery address. This includes providing (where applicable) a forklift or other mechanical equipment sufficient to unload pallet consignments, or sufficient labour to hand-unload the consignment where no mechanical equipment is available;

(f)        Where the Buyer has indicated at checkout that a forklift is available and, upon the Carrier’s attendance, no forklift is in fact available or operational, a tail-lift surcharge, hand-unloading surcharge, or (if the Carrier is unable to complete delivery) a Redelivery Charge will apply;

(g)       Carriers operate a standard on-site window of 10 minutes for the Carrier to attend the delivery address, present the consignment, and (where required) hand-unload the consignment. For Perth metropolitan deliveries requiring hand unloading, the Buyer’s hand-unload grace period under clause 5.8 forms part of, and is not in addition to, that 10-minute window. Where the Carrier remains on site beyond the 10-minute window for any reason — including, without limitation, hand-unload time exceeding the grace period, site-access delays, paperwork delays, or the Buyer’s representative not being immediately available — the Carrier will levy waiting-time or detention charges at the Carrier’s own published rate. Those charges will be passed through to the Buyer in accordance with clauses 4.8 and 4.9. This paragraph (g) applies to all deliveries (pallet, parcel, mechanical-unload, and hand-unload).

5.7.2    Neither the Buyer nor Elevate has the ability to direct or override the Carrier’s operational processes. Any specific request regarding delivery timing, unloading location, or placement of Products is a request only, and the Carrier retains absolute discretion as to how delivery is executed, subject to the Carrier’s own terms of carriage.

5.8  Hand Unloading (Perth Metropolitan Deliveries)

5.8       For Perth metropolitan deliveries requiring hand unloading, a grace period of 10 minutes applies for the Buyer or the Buyer’s representative to hand-unload the consignment. A charge of $1.20 per minute plus GST is payable for any additional unloading time beyond the 10-minute grace period. The 10-minute grace period in this clause forms part of, and is not in addition to, the 10-minute on-site window described in clause 5.7.1(g). Carrier vehicles are GPS tracked and some are video monitored, and recorded times will be taken as conclusive evidence of time on site.

5.8.1  Hand Unloading Outside Perth Metropolitan

5.8.1    For deliveries outside the Perth metropolitan area, if hand unloading is required for any reason (whether because no forklift is available at the delivery address, the indicated forklift is inoperative, or the consignment cannot be mechanically unloaded for any other reason), the Carrier will charge a hand-unloading fee at the Carrier’s own published rate. That fee will be passed through to the Buyer at cost in accordance with clauses 4.8 and 4.9, together with the administration fee referred to in clause 5.11. The Perth-metropolitan 10-minute grace period in clause 5.8 does not apply to deliveries outside the Perth metropolitan area. A hand-unload event under this clause 5.8.1 may also trigger waiting-time or detention charges under clause 5.7.1(g); both may apply concurrently.

5.9  Delayed Collection or Delivery

5.9       Where delivery 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.

5.10  Failed Delivery Events

5.10.1  A Failed Delivery Event occurs where the Carrier attends the delivery address nominated by the Buyer and is unable to complete delivery because:

(a)        no person is present at the delivery address to receive the Products within the nominated business hours window;

(b)       no person present at the delivery address is willing or authorised to sign for or accept the Products;

(c)        the Buyer has provided inaccurate or incomplete delivery information, site access details, or contact details;

(d)       the delivery address is inaccessible, unsafe, or otherwise unsuitable for the Carrier’s vehicle (including but not limited to sand, gravel, or off-road tracks, locked or closed gates, insufficient turning space, or unsafe unloading surfaces);

(e)        the Buyer has indicated that a forklift or other mechanical unloading equipment is available and, upon the Carrier’s attendance, the equipment is not in fact available, operational, or fit for purpose;

(f)        the Buyer refuses delivery without lawful cause; or

(g)       the Carrier is otherwise prevented from completing delivery through no fault of Elevate or the Carrier.

Important — no disputes on failed delivery The Buyer acknowledges that where a Failed Delivery Event occurs for any of the reasons listed above, the Redelivery Charge will apply and is not subject to dispute. This reflects the reality that the Carrier charges Us for the failed attempt regardless of cause, and the Buyer (not Elevate) is in control of whether the delivery address, access, unloading equipment, and personnel are available as notified at checkout.

5.11  Redelivery and Storage Charges

5.11.1  Where a Failed Delivery Event occurs, the Buyer is liable for, and agrees to pay on demand, a Redelivery Charge comprising:

(a)        the actual redelivery, return-to-depot, futile delivery, or re-dispatch charge levied on Elevate by the Carrier in respect of the affected consignment (the Pass-Through Amount);

(b)       a fixed administration fee of $15.00 plus GST per affected consignment (the Admin Fee); and

(c)        any reasonable storage, depot, demurrage, or handling charges levied on Elevate by the Carrier or any third-party warehouse in respect of the affected consignment until redelivery, collection, or disposition is completed.

5.11.2  The Buyer acknowledges that Elevate is a wholesale distributor and does not control or set the Pass-Through Amount, which is determined by the relevant Carrier. Elevate will, on request, provide the Buyer with a copy of the Carrier’s charge sheet or invoice line evidencing the Pass-Through Amount.

5.11.3  Where the Buyer has failed to collect or arrange redelivery of Products within 5 Business Days of being notified of a Failed Delivery Event, Elevate may, at its discretion and without further notice: (a) return the Products to Our warehouse and apply the change-of-mind provisions at clause 7.5 (including the 20% restocking fee and non-refundable delivery costs); or (b) continue to levy storage charges until the Buyer makes arrangements; or (c) after 30 Business Days, treat the Products as abandoned and dispose of them, with any net proceeds applied against amounts owing by the Buyer.

5.11.4  The Redelivery Charge is payable in addition to, and does not replace, the original freight charge on the order. The Buyer is not entitled to any refund or credit of the original freight charge in respect of a Failed Delivery Event.

5.11.5  Redelivery Charges are charged to the Buyer in accordance with clause 4.8 (Payment Method customers) or clause 4.9 (credit account customers), each of which provides for a Notice of Intended Charge to be sent at least 24 hours before the charge is processed.

5.12  Shipping Rate Adjustments and Errors

5.12.1  While We make every reasonable effort to ensure shipping rates displayed at checkout are accurate, rates are subject to change without notice due to data entry errors, fluctuating fuel surcharges, carrier zone changes, or unannounced adjustments by Our freight partners.

5.12.2  Where the shipping cost calculated at checkout is materially incorrect, We will contact the Buyer before dispatch to: (a) provide the updated shipping cost for the Buyer’s approval; (b) offer alternative shipping methods or Carriers where available; or (c) offer a full refund if no agreement on the correct shipping cost can be reached. We will only cancel and refund an order on grounds of shipping rate error where no agreement can be reached.

5.13  Urgent Delivery Surcharge

5.13     Urgent deliveries will incur an additional surcharge of $40.00 plus GST or 20% of the total order value (excluding GST), whichever is greater.

5.14  Risk

5.14     Risk in the Products passes to the Buyer upon delivery or, where delivery is made by the Buyer’s Pre-Approved Core Carrier under clause 5.15, upon handover of the Products to that Pre-Approved Core Carrier at Our warehouse. The Buyer should arrange its own insurance cover over the Products from the time risk passes.

5.15  Buyer-Nominated Carriers and Pre-Approved Core Carriers

5.15.1  Where the Buyer elects, with Our prior written agreement, to arrange transport of the Products using a freight carrier nominated by the Buyer, the terms of this clause 5.15 apply in addition to, and prevail over any inconsistency with, the balance of clause 5.

5.15.2  Upon receipt of cleared payment (or, for credit account customers, upon order acceptance), Elevate will provide the Buyer with the dimensions and weight of the consignment for the purpose of the Buyer arranging freight. Elevate will deliver the consignment to the Buyer’s nominated transport company within Perth metropolitan area at a mutually agreed time, or hold the consignment for collection by a Pre-Approved Core Carrier at Our warehouse.

5.15.3  Elevate does not prepare, complete, or sign consignment notes, manifests, dangerous-goods declarations, or any other freight documentation on behalf of the Buyer. The Buyer must provide to Elevate, before Elevate will release or deliver the consignment, a fully completed consignment note, together with all required identifying labels and, where the Products are classified as dangerous goods or require dangerous-goods documentation by the Buyer’s carrier, all such documentation, fully completed and signed by an authorised person of the Buyer.

5.15.4  Once the Products have been handed over to the Buyer’s nominated carrier (whether by delivery to that carrier’s depot by Elevate, or by collection from Elevate’s warehouse by a Pre-Approved Core Carrier), all risk in the Products passes to the Buyer. All subsequent tracking, liability, loss, damage, delay, insurance, and claims in respect of the Products are the sole responsibility of the Buyer. Elevate has no liability of any kind to the Buyer or to any third party in respect of any matter arising after handover to the Buyer’s nominated carrier.

5.15.5  Elevate does not permit pick-ups from Our warehouse by the Buyer, the Buyer’s employees, agents, or general transport companies. Only Pre-Approved Core Carriers are permitted to collect consignments directly from Our warehouse. A Pre-Approved Core Carrier is a freight carrier that has been formally pre-approved in writing by Elevate, holds current public liability and carrier’s liability insurance, complies with Our warehouse access and work-health-and-safety requirements, and has been issued with a unique carrier identifier for use at pick-up.

5.15.6  Any attempted pick-up by a carrier or person that is not a Pre-Approved Core Carrier will be automatically rejected at the Buyer’s cost. The Buyer is liable for any futile-collection, re-scheduling, administrative, or freight charges incurred by the Buyer or its nominated carrier as a result of such rejection.

5.15.7  Pick-ups by Pre-Approved Core Carriers may only occur within the collection window allocated by Elevate for the relevant consignment. Any attempted pick-up outside the allocated collection window will be automatically rejected at the Buyer’s cost, with the carrier required to return within a subsequently allocated window. Elevate is not obliged to prioritise the re-scheduling of any futile collection.

5.15.8  Where the Buyer’s nominated carrier (including a Pre-Approved Core Carrier) refuses or is unable to accept the consignment on the grounds that the consignment note, labelling, or dangerous-goods documentation is incomplete, incorrect, or missing, the consignment will be returned to Our warehouse and held pending further instructions from the Buyer. Clauses 5.11.3 and 5.15.6 apply as though the event were a Failed Delivery Event.

5.15.9  Nothing in this clause 5.15 constitutes an agency, partnership, or joint venture between Elevate and the Buyer’s nominated carrier, nor does it render the Buyer’s nominated carrier a sub-contractor of Elevate.

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

7.2       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

7.3       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

7.5       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 [email protected] 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

8.2       Many of Our Products are manufactured from natural hardwood timber sourced from managed forests. Timber is a natural, organic product and may exhibit characteristics inherent to the species and to handling, transport, and storage conditions. The following are normal characteristics of natural timber Products and are not defects for the purposes of these Terms, the Australian Consumer Law, or otherwise:

(a)        weight variations due to moisture content, which changes with ambient humidity;

(b)       variations in grain, colour, texture, density, and surface finish between and within batches, including natural knots and sap lines;

(c)        minor surface checking (hairline surface cracks) and resin seepage typical of the species;

(d)       minor dimensional variation within standard manufacturing tolerances;

(e)        residual sawdust or bark on freshly milled Products;

(f)        surface mould, bloom, or staining caused by airborne spores settling on the timber during humid storage or ocean transit — such surface effects do not affect structural integrity and typically weather off once the Products are in use; and

(g)       any other natural characteristic or variation that is inherent to timber as an organic product and does not affect the Products’ fitness for their intended use as temporary ground markers.

8.2.1    The Buyer’s inspection and notification obligations under clause 5.6 apply to genuine defects only (being rot, structural failure, insect damage, or material dimensional non-compliance that renders the Products unfit for their intended use). Characteristic variations described in clause 8.2 paragraphs (a) to (g) above are not grounds for rejection, return, or credit.

8.2.2    Nothing in this clause 8.2 limits or excludes the Buyer’s rights under the Australian Consumer Law where those rights apply and cannot be lawfully excluded.

8.3  Timber Products — Painted and Treated Products

8.3       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

8.4       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  Direct Purchasing Entity Only

8.10     All terms, conditions, warranties, guarantees, and liabilities set out in these Terms, and in all related policies (including Our Returns and Refunds Policy, Delivery Policy, and any product warranties), apply exclusively to the direct purchasing entity — being the person or company that places the order and is invoiced by Elevate Survey Supplies. These terms do not extend to, and may not be relied upon by, any third party including but not limited to the Customer’s own customers, subcontractors, agents, employees of other companies, end users, or any person who receives the Products through resale, on-supply, distribution, or any other arrangement.

8.11     If the Customer purchases Products and resells, on-sells, distributes, or otherwise supplies them to any third party, the Customer is solely and fully liable for all claims, warranties, consumer guarantee obligations, and any other liabilities arising from or in connection with that resale or onward supply. The Customer may not make any claim against Elevate Survey Supplies in respect of Products that have been resold or supplied to a third party, except to the extent required by law.

8.12     The Customer must not represent to any third party that Elevate Survey Supplies provides any warranty, guarantee, or liability in relation to the Products beyond those required by the Australian Consumer Law as between Elevate and the original purchasing entity.

8.13     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 Carriers) 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;
• any inaccuracy in specifications, measurements, or information provided by the Buyer;
• any Failed Delivery Event caused by or contributed to by the Buyer, including inaccurate checkout information regarding site access, forklift availability, or business hours; and
• any act, omission, failure, loss, or damage caused by or arising from the Buyer’s nominated carrier or Pre-Approved Core Carrier under clause 5.15, including incomplete or inaccurate consignment documentation, attempted pick-ups outside the allocated window, and any matter arising after handover.

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.

14.5     Clauses 14.1 to 14.4 do not apply to disputes concerning the Redelivery Charge. The Buyer has expressly acknowledged in clauses 5.10 and 5.11 that Redelivery Charges apply where a Failed Delivery Event has occurred and agrees not to dispute them except in the case of manifest administrative error.

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 to the addresses provided by each party. Notices are deemed received on the Business Day after sending by email.

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:

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