Commercial Terms and Conditions of Trade

The Trustee for Nicholas Lenzo Family Trust T/as Simply Soils

ABN: 67 783 084 717

Hereafter referred to as “Simply Soils”

The purchaser of goods or services and their associated companies or entities

Hereafter referred to as “The Customer”

The customer agrees these terms and conditions form a binding contract when purchasing goods or services from Simply Soils and apply as soon as you have requested Simply Soils to provide goods or services.

Simply Soils requires payment in full for all goods or services provided to the customer prior to or upon receipt via cash or credit card unless otherwise agreed in writing. No requests for credit will be considered in the absence of an approved trading account.

Simply Soils will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place, or during the time of delivery.

Where the customer requests Simply Soils to undertake delivery of goods, delivery ends at the edge of the road, where the customer requests Simply Soils to proceed onto property to make delivery, they accept all responsibility for any loss or damage that may subsequently occur.

Any damage and subsequent costs arising from a Simply Soils vehicle becoming bogged onsite due to customer tipping directions are the responsibility of the customer. The customer accepts responsibility for all associated costs, including towing fees that may arise from our driver/contractor and vehicle becoming bogged onsite.

The customer is responsible for providing a safe work site and must inform Simply Soils of any hazards that may interfere with the safe delivery of goods. The delivery driver has final discretion over whether a delivery may be made safely or not. In the event a safe delivery cannot be made, Simply Soils will refund the customer for the cost of goods returned to depot only.

The customer agrees to hold Simply Soils, it’s employees, contractors, agents and representatives harmless against any and all: damages arising from any delay in delivering goods, damages arising from any failure to deliver goods in whole or part, damages to property caused by delivery of goods, injuries to any person arising from delivery of goods and injuries or damages arising from goods left onsite after delivery.

The customer must inspect all goods for defect, short quantity or other impairment immediately upon receipt. Simply Soils must be notified of any defect within 24 hours, after 24 hours you will be deemed to be satisfied with your order. Simply Soils reserves the right to inspect any goods onsite for any alleged defects.

Simply Soils warrants that goods supplied are of a merchantable quality, however does not warrant that the goods are fit for purpose unless expressly stated in writing.

Title in all goods supplied remains with Simply Soils and does not pass to the customer until all monies owing to Simply Soils are paid in full. If the customer is to default on payment for any goods supplied, they agree to allow Simply Soils access to their site without notice for the purpose of repossessing any goods.

Simply Soils may cancel the delivery of goods at any time by giving the customer notice by any means and is not liable for any costs or damages incurred in doing so. The customer may cancel the delivery of goods at any time prior to delivery, and agree to liability for any costs incurred by Simply Soils in doing so. Including but not limited to, wasted journeys and restocking fees.

Simply Soils liability to the customer for any reason relating to goods or services provided to the customer is limited to the replacement or repair of the goods or the amount paid or payable by the customer in respect of the particular goods or services.

The customer agrees that all purchases are made relying solely upon their own skill and judgement.

In the event one or more items in these terms and conditions are legally unenforceable the others remain in effect to the full capacity of the law.

All business undertaken between Simply Soils and the customer is subject to all applicable state and federal laws.