Terms & Conditions
Welcome to BigEagle!
These terms and conditions outline the rules and regulations for the use of BigEagle's products.
By accessing this website we assume you accept these terms and conditions in full. Do not continue to use BigEagle's website if you do not accept all of the terms and conditions stated on this page.
- "The BigEagle", “Ourselves”, “We”, “Our” and "Us", refers to our BigEagle.
- "Client", “You” and “Your” refers to you, the person accessing this website and accepting the BigEagle’s terms and conditions.
- “Goods” means all Goods and Services supplied by BigEagle to the Client at the Client’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).
- BigEagle may, at any time, add or remove content from this website without notice
- Although BigEagle uses its best endeavours to confirm the accuracy of any information published on this website, you agree that BigEagle cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to BigEagle or by manufacturers or suppliers changing product specifications without notice to BigEagle Online. You agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase.
- The information, materials and services in this website is provided for general information purposes only. It is current at the time of first publication. It is not legal or other professional advice or intended to be comprehensive. You are responsible for determining the validity, quality and relevance of any information, material or service assessed and to take appropriate independent advice before acting or relying on any of it to ensure that it meets your particular requirements. You should report any error or omission in any information, material or service, via contact us.
- This website may feature or display third party advertising or content. By featuring or displaying such advertising or content, BigEagle does not in any way represent that BigEagle recommends or endorses the relevant advertiser, its products or services.
- BigEagle nor any third party will be liable for any errors in content, or for any actions you take in reliance on them. You nor any other person may hold BigEagle liable for any delays, inaccuracies, errors or omissions in respect of such content, the transmission or delivery of such content or any loss or damage arising from any of them.
- BigEagle Online may promote, advertise or sponsor functions, events, offers, competitions or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subject to separate terms and conditions. You participate in any such activities entirely at your own risk. BigEagle does not accept any responsibility in connection with your participation in activities conducted by any other party.
Your Use of the Website
- You agree that you will not engage in any activity that interferes with or disrupts this website or the servers and networks that host this website. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of this website or features that prevent or restrict use or copying of any content or enforce limitations on the use of this website or the content.
- You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
- BigEagle may stop (temporarily or permanently) providing access to this website to you, or to guests or members generally, at its discretion and without prior notice to you.
- BigEagle may in its sole discretion restrict your access to this website. If BigEagle does this, you may be prevented from accessing all or parts of the website, your account details or other content contained in your account. BigEagle will not be liable to you or any third party for doing so.
- As electronic websites are subject to interruption or breakdown, access to this website is offered on an "as is" and "as available" basis only.
- These terms and conditions may only be amended with the BigEagle’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Client and the BigEagle.
- All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the BigEagle’s stated services/products, in accordance with and subject to, prevailing law of Australia.
Price and Payment
- At the BigEagle’s sole discretion the Price shall be either:
- as indicated on any bill of sale provided by BigEagle to the Client; or
- the Price as at the date of delivery of the Goods according to the BigEagle’s current price list;
- The BigEagle reserves the right to change the Price:
- if a variation to the Goods which are to be supplied is requested; or
- in the event of increases to the BigEagle in the cost of labour or materials (including but not limited to overseas transactions that may increase as a consequence of variations in foreign currency rates of exchange and/or international freight and insurance charges) which are beyond the BigEagle’s control.
- At the BigEagle’s sole discretion, a non-refundable deposit may be required.
- Time for payment for the Goods being of the essence, the Price will be payable by the Client on the date/s determined by the BigEagle, which may be:
- prior to Delivery;
- on Delivery;
- the date specified on any invoice or other form as being the date for payment; or
- failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by BigEagle.
- Payment may be made by cash, bank cheque, credit card, or by any other method as agreed to between the Client and the BigEagle.
- Unless otherwise stated the Price does not include GST. In addition to the Price the Client must pay to BigEagle an amount equal to any GST BigEagle must pay for any supply by BigEagle under this or any other agreement for the sale of the Goods. The Client must pay GST, without deduction or setoff of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
- Delivery of the Goods (“Delivery”) is taken to occur at the time that:
- the Client or the Client’s nominated carrier takes possession of the Goods at the BigEagle’s address; or
- the BigEagle (or the BigEagle’s nominated carrier) delivers the Goods to the Client’s nominated address even if the Client is not present at the address.
- At the BigEagle’s sole discretion, the cost of Delivery is either included in, or in addition to, the Price.
- The Client must take delivery by receipt or collection of the Goods whenever they are tendered for delivery. In the event that the Client is unable to take delivery of the Goods as arranged then the BigEagle shall be entitled to charge a reasonable fee for redelivery and/or storage.
- The BigEagle may deliver the Goods in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.
- Any time or date given by the BigEagle to the Client is an estimate only. The Client must still accept Delivery even if late and the BigEagle will not be liable for any loss or damage incurred by the Client as a result of the Delivery being late.
- Risk of damage to or loss of the Goods passes to the Client on Delivery and the Client must insure the Goods on or before Delivery.
- If any of the Goods are damaged or destroyed following Delivery but prior to ownership passing to the Client, the BigEagle is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the BigEagle is sufficient evidence of the BigEagle’s rights to receive the insurance proceeds without the need for any person dealing with BigEagle to make further enquiries.
- If the Client requests the BigEagle to leave Goods outside the BigEagle’s premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Client’s sole risk.
- Where the Client is to supply BigEagle with any design specifications (including, but not limited to CAD drawings) the Client shall be responsible for providing accurate data. BigEagle shall not be liable whatsoever for any errors in the Goods that are caused by incorrect or inaccurate data being supplied by the Client.
- Where the Client has supplied materials for BigEagle to complete the Services, the Client acknowledges that they accept responsibility for the suitability of purpose, quality and any faults inherent in the materials. BigEagle shall not be responsible for any defects in the Services, any loss or damage to the Goods (or any part thereof), howsoever arising from the use of materials supplied by the Client.
- Any advice, recommendation, information, assistance or service provided by BigEagle in relation to Goods or Services supplied is given in good faith, is based on BigEagle’s own knowledge and experience and shall be accepted without liability on the part of BigEagle and it shall be the responsibility of the Client to confirm the accuracy and reliability of the same in light of the use to which the Client makes or intends to make of the Goods or Services.
- The Client acknowledges that Goods supplied may exhibit variations in shade, colour, texture, surface and finish, and may fade or change colour over time. BigEagle will make every effort to match batches of product supplied in order to minimise such variations but shall not be liable in any way whatsoever where such variations occur.
- BigEagle and the Client agree that ownership of the Goods shall not pass until:
- the Client has paid BigEagle all amounts owing to BigEagle; and
- the Client has met all of its other obligations to BigEagle.
- Receipt by BigEagle of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
- It is further agreed that:
- until ownership of the Goods passes to the Client, the Client is only a bailee of the Goods and must return the Goods to BigEagle on request.
- the Client holds the benefit of the Client’s insurance of the Goods on trust for BigEagle and must pay to BigEagle the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed.
- the Client must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Client sells, disposes or parts with possession of the Goods then the Client must hold the proceeds of any such act on trust for BigEagle and must pay or deliver the proceeds to BigEagle on demand.
- the Client should not convert or process the Goods or intermix them with other goods but if the Client does so then the Client holds the resulting product on trust for the benefit of BigEagle and must sell, dispose of or return the resulting product to BigEagle as it so directs.
- the Client irrevocably to enter any premises where BigEagle believes the Goods are kept and recover possession of the Goods.
- BigEagle may recover possession of any Goods in transit whether or not delivery has occurred.
- the Client shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of BigEagle.
- BigEagle may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Client.
Personal Property Securities Act 2009 (“PPSA”)
- In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.
- Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Goods that have previously been supplied and that will be supplied in the future by BigEagle to the Client.
- The Client undertakes to:
- promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which BigEagle may reasonably require to; (i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register; (ii) register any other document required to be registered by the PPSA; or (iii) correct a defect or;
- indemnify, and upon demand reimburse, BigEagle for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Goods charged thereby;
- not register a financing change statement in respect of a security interest without the prior written consent of BigEagle;
- not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods in favour of a third party without the prior written consent of BigEagle; (e) immediately advise BigEagle of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.
- BigEagle and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
- The Client waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
- The Client waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
- Unless otherwise agreed to in writing by BigEagle, the Client waives their right to receive a verification statement in accordance with section 157 of the PPSA.
- The Client must unconditionally ratify any actions taken by BigEagle
- Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.
Security and Charge
- In consideration of BigEagle agreeing to supply the Goods, the Client charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Client either now or in the future, to secure the performance by the Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
- The Client indemnifies BigEagle from and against all BigEagle’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising BigEagle’s rights under this clause.
- The Client irrevocably appoints BigEagle and each director of BigEagle as the Client’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause including, but not limited to, signing any document on the Client’s behalf.
Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)
- The Client must inspect the Goods on delivery and must within seven (7) days of delivery notify BigEagle in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Client must notify any other alleged defect in the Goods as soon as reasonably possible after any such defect becomes evident. Upon such notification the Client must allow BigEagle to inspect the Goods.
- Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).
- BigEagle acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
- Except as expressly set out in these terms and conditions or in respect of the Non Excluded Guarantees, BigEagle makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods. BigEagle’s liability in respect of these warranties is limited to the fullest extent permitted by law.
- If the Client is a consumer within the meaning of the CCA, BigEagle’s liability is limited to the extent permitted by section 64A of Schedule 2.
- If BigEagle is required to replace the Goods under this clause or the CCA, but is unable to do so, BigEagle may refund any money the Client has paid for the Goods.
- If the Client is not a consumer within the meaning of the CCA, BigEagle’s liability for any defect or damage in the Goods is:
- limited to the value of any express warranty or warranty card provided to the Client by BigEagle at BigEagle’s sole discretion;
- limited to any warranty to which BigEagle is entitled, if BigEagle did not manufacture the Goods;
- otherwise negated absolutely.
- Subject to this clause, returns will only be accepted provided that:
- the Client has complied with the provisions of this clause; and
- BigEagle has agreed that the Goods are defective; and
- the Goods are returned within a reasonable time at the Client’s cost (if that cost is not significant); and
- the Goods are returned in as close a condition to that in which they were delivered as is possible.
- Notwithstanding clauses but subject to the CCA, BigEagle shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
- the Client failing to properly maintain or store any Goods;
- the Client using the Goods for any purpose other than that for which they were designed;
- the Client continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
- the Client failing to follow any instructions or guidelines provided by BigEagle;
- fair wear and tear, any accident, or act of God.
- In the case of second hand Goods, unless the Client is a consumer under the CCA, the Client acknowledges that it has had full opportunity to inspect the second hand Goods prior to delivery and accepts them with all faults and that to the extent permitted by law no warranty is given by BigEagle as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. The Client acknowledges and agrees that BigEagle has agreed to provide the Client with the second hand Goods and calculated the Price of the second hand Goods in reliance of this clause
- Notwithstanding anything contained in this clause if BigEagle is required by a law to accept a return then BigEagle will only accept a return on the conditions imposed by that law.
Default and Consequences of Default
- Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at BigEagle’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
- If the Client owes BigEagle any money the Client shall indemnify BigEagle from and against all costs and disbursements incurred by BigEagle in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, BigEagle’s contract default fee, and bank dishonour fees).
- Without prejudice to any other remedies BigEagle may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions BigEagle may suspend or terminate the supply of Goods to the Client. BigEagle will not be liable to the Client for any loss or damage the Client suffers because BigEagle has exercised its rights under this clause.