Terms of Service

These Terms of Service apply to the use of the WindSafe Solutions online store and the purchase of goods or services from WindSafe Solutions Pty Ltd.

These Terms of Service should be read together with WindSafe Solutions’ Terms and Conditions of Trade, quote terms, invoice terms, shipping policy, return and refund policy, and any other terms provided at the time of sale.

1. Business Details

WindSafe Solutions Pty Ltd supplies PPE, height safety equipment, lifting bags, rescue kits, rope access gear, fall protection equipment, consumables, and related industrial products, mainly for the wind industry and associated sectors.

Contact:

WindSafe Solutions Pty Ltd
Email: operations@windsafesolutions.com.au

2. Use of This Website

By using this website, submitting an enquiry, requesting a quote, placing an order, accepting a quote, issuing a purchase order, paying a deposit, or instructing WindSafe Solutions to proceed, the customer agrees to be bound by these Terms of Service and WindSafe Solutions’ Terms and Conditions of Trade.

Customers must use this website lawfully and must not misuse the website, interfere with its operation, submit false or misleading information, or attempt to access systems or information without authorisation.

3. Product Information

WindSafe Solutions aims to provide accurate product information, descriptions, images, specifications, pricing, and availability details.

However, product information may be supplied by manufacturers, suppliers, importers, or third parties and may change without notice.

Images are for general product identification and may not always show every feature, size, colour, accessory, packaging, or current product version.

Customers are responsible for confirming that products are suitable for their intended use, site requirements, internal procedures, project requirements, risk assessments, safety systems, training requirements, and applicable standards.

4. Quotes, Pricing, and Availability

Prices, freight, lead times, and availability are subject to change before order confirmation.

A quote is valid for 14 days unless otherwise stated.

Goods are not reserved, ordered, allocated, or held until:

• the customer provides written acceptance of the quote or written instruction to proceed;
• any required deposit or upfront payment is received; and
• WindSafe Solutions accepts the order.

WindSafe Solutions may revise or withdraw pricing before order acceptance due to supplier price changes, stock availability, freight changes, currency movement, product availability, customer requirements, delivery requirements, or error.

5. Orders and Acceptance

A customer may accept a quote by email, purchase order, written instruction, deposit payment, or another method accepted by WindSafe Solutions.

WindSafe Solutions may accept or reject any order at its discretion, including where:

• goods are unavailable;
• supplier pricing changes;
• the customer has overdue invoices;
• the customer exceeds its credit limit;
• the customer has not paid a required deposit;
• the order involves special-order or imported items;
• the customer’s requested terms are not acceptable;
• WindSafe Solutions considers there is a commercial, credit, supply, compliance, or operational risk.

If a customer issues a purchase order, the purchase order is treated as acceptance of WindSafe Solutions’ quote and terms unless WindSafe Solutions expressly agrees otherwise in writing.

Any terms stated on a customer purchase order or procurement document do not apply to the extent they are inconsistent with WindSafe Solutions’ terms unless WindSafe Solutions expressly accepts those terms in writing.

6. GST

Unless expressly stated otherwise, prices are exclusive of GST. GST will be added to taxable supplies in accordance with Australian tax requirements.

7. Deposits and Special Orders

WindSafe Solutions may require a deposit or upfront payment before processing an order.

Deposits may be required for:

• orders over $50,000;
• orders over the customer’s approved credit limit;
• special-order items;
• imported items;
• custom products;
• non-stocked products;
• goods requiring upfront supplier payment;
• customers without approved credit terms;
• customers with poor payment history;
• urgent or high-risk orders;
• any order where WindSafe Solutions considers a deposit commercially necessary.

For orders over $100,000, WindSafe Solutions may require a minimum 50% deposit unless otherwise agreed in writing.

Deposits may be non-refundable to the extent WindSafe Solutions has committed to supplier purchase, import, manufacture, customisation, freight, administration, or other unavoidable costs.

8. Payment Terms

Payment is due by the date stated on the invoice.

Where no due date is stated, payment is due within 7 days from the invoice date unless otherwise agreed in writing.

Credit terms are only available where WindSafe Solutions has approved a customer for credit.

WindSafe Solutions may approve, refuse, vary, suspend, or withdraw credit terms at any time based on payment history, order value, credit risk, overdue invoices, changed circumstances, or other commercial reasons.

9. Overdue Accounts

If an invoice is not paid by the due date, WindSafe Solutions may:

• issue payment reminders;
• place the customer’s account on hold;
• suspend further supply;
• suspend quoting, ordering, dispatch, or delivery;
• require payment upfront for future orders;
• require deposits for future orders;
• withdraw credit terms;
• reduce or cancel any approved credit limit;
• recover reasonable debt collection costs;
• charge interest on overdue amounts where permitted by law and agreed under WindSafe Solutions’ terms.

WindSafe Solutions may charge interest on overdue amounts at a rate of 10% per annum, calculated daily from the due date until payment is received in full.

10. Delivery and Freight

Delivery dates and lead times are estimates only unless WindSafe Solutions expressly guarantees a delivery date in writing.

Freight charges may be estimated unless expressly stated as fixed.

Additional freight charges may apply for:

• urgent delivery;
• remote delivery;
• heavy or bulky goods;
• redelivery;
• tailgate delivery;
• site delivery requirements;
• failed delivery attempts;
• incorrect delivery information supplied by the customer;
• split shipments;
• supplier dropshipment;
• carrier-imposed surcharges.

11. Risk and Ownership

Risk in goods passes to the customer on dispatch, delivery, collection, or transfer to the carrier, whichever occurs first.

Ownership of goods remains with WindSafe Solutions until the customer has paid all amounts owing for those goods in full.

12. Product Suitability and Technical Advice

WindSafe Solutions may provide product guidance based on field experience, supplier information, manufacturer documentation, product knowledge, and available industry information.

WindSafe Solutions’ guidance does not replace the customer’s own competent person, safety manager, engineer, inspector, procurement authority, site-specific risk assessment, or legal/compliance obligations unless expressly agreed in writing.

Final product selection and suitability remain the customer’s responsibility unless WindSafe Solutions has expressly agreed in writing to assume a specific product selection obligation.

13. Product Documentation

Where applicable and available, WindSafe Solutions may provide product documentation such as:

• datasheets;
• user manuals;
• declarations of conformity;
• inspection records;
• service records;
• batch details;
• serial numbers;
• standards information;
• manufacturer instructions;
• warranty information;
• supplier documentation.

Customers must request any specific compliance, project, procurement, or documentation requirements before order confirmation.

14. Returns and Warranty

Returns are subject to WindSafe Solutions’ Return and Refund Policy.

Goods may be supplied with manufacturer or supplier warranties. Warranty terms vary by product and supplier.

Nothing in these terms excludes, restricts, or modifies any guarantee, right, or remedy that cannot be excluded under Australian Consumer Law or other applicable legislation.

15. Limitation of Liability

To the maximum extent permitted by law, WindSafe Solutions is not liable for indirect, consequential, special, punitive, or economic loss, including loss of profit, loss of revenue, loss of production, project delay, site downtime, contract penalties, loss of opportunity, reputational loss, or costs arising from third-party delay.

To the maximum extent permitted by law, WindSafe Solutions’ total liability in connection with goods or services supplied is limited, at WindSafe Solutions’ option, to one or more of the following:

• replacement of the goods;
• repair of the goods;
• resupply of equivalent goods;
• payment of the cost of replacing the goods;
• payment of the cost of repairing the goods;
• resupply of the services;
• payment of the cost of resupplying the services.

16. Website Content and Intellectual Property

All WindSafe Solutions logos, brand material, product descriptions, catalogue material, website content, documents, templates, pricing structures, product information compiled by WindSafe Solutions, and commercial materials remain the property of WindSafe Solutions unless otherwise agreed in writing.

Customers and website users must not reproduce, alter, distribute, or use WindSafe Solutions’ brand material, commercial documents, or intellectual property without written approval.

17. Governing Law

These Terms of Service are governed by the laws of Queensland, Australia.

The parties submit to the non-exclusive jurisdiction of the courts of Queensland and any courts entitled to hear appeals from those courts.