Terms and conditions for sale of BPA products

1          Definitions

Agreement means the agreement between BPA and the Buyer in relation to the sale of Goods on these Terms, and any terms specified in any Order accepted by BPA in accordance with these Terms.

Business Day means Monday to Friday, excluding gazetted public holidays in NSW  

Buyer means the buyer of the Goods specified in the Order.

BPA means Bathroom Products Australia Pty Ltd ABN 87 079 297 617 and/or where the context requires, any of its related corporations and where applicable their successors and assigns.

BPA Price List means the official list of Prices published by BPA from time to time online and/or in hard copy form.

Delivery means the physical delivery of the Goods to the Buyer or to the agent of the Buyer.

Delivery Schedule means the written schedule accompanying the Goods on Delivery, setting out a general description and quantity of the Goods, the Order number, the Delivery address, the date and other terms relevant to the Delivery.

Dispatch means dispatch of the Goods from BPA’s premises for the purpose of Delivery of the Goods

Good/s means the product/s specified in an Order.

Inspection Period in relation to certain Goods means 10 Business Days after Delivery of those Goods.

Loss includes, but is not limited to, costs (including legal costs on an indemnity basis), expenses, lost profits, award of damages, personal injury and property damage.

Order means a written request by the Buyer to purchase specified  products from BPA .

Price in relation to a Good means the price specified in the then current BPA Price List or, if applicable, in a Quote.

Quote means a written description of the Goods to be provided, the price of those Goods and an estimate of the date of Delivery.

these Terms means the terms and conditions set out in this document as may be varied in accordance with those terms and conditions.

2          Sole agreement

3          Agreement to buy and sell

In return for payment by the Buyer to BPA of the Price of each of the Goods, BPA sells, and the Buyer buys, the Goods on these Terms.


5          Placement of Orders

6          Acceptance of Orders

7          Delivery of Orders

8          Alterations

9          Additional Charges

10        Price and Invoicing

11        Payment

12        Passing of title

Title to the Goods the subject of an Order passes to the Buyer free of encumbrances and all other adverse interests only upon receipt by BPA of payment in full of the Price and GST. Until title to the Goods the subject of an Order passes to the Buyer, BPA holds a security interest in the Goods and all proceeds from the sale of the Goods as contemplated under the Personal Property Securities Act 2009 (Cth) (PPSA).

13        Rights in relation to Goods

14        Passing of risk

Risk in each Order passes to the Buyer upon Delivery of the Goods the subject of that Order to the Buyer or collection of that Order by the Buyer’s agent or courier as the case may be, notwithstanding title to the Goods may not have passed to the Buyer.

15        Agency and assignment

16        Term

The Agreement commences on the date it is made and ends when terminated in accordance with any express right of termination set out in the Agreement.

17        Termination

18        Personal Property Securities Act 2009 (Cth) (PPSA)

  1. Standard to conform to specifications

20        Warranty

The warranty terms set out in the section entitled “Product Warranty” apply to and are incorporated into the Agreement.

21        Inspection and return

22        Exclusions and limitation of liability

23        Force majeure

24        Proper law

The Agreement is governed by the law of the state of New South Wales.

25        Notices

26        General