Terms & Conditions

Insulated Panels

  1. Our Insulated Roofing-Panels can be supplied with a Form-15 where required as to span-lengths.
  2. All our products are sold in good faith and are warranted against faulty manufacture. Any faulty products will be replaced or rectified as required.
  3. All products can be inspected upon pick-up or upon delivery. Products that have been installed, screwed, drilled or cut will not be replaced. If the protective PVC is taken off the panel is considered damaged.
  4. Freight is at purchaser’s risk
  5. Panels are brand new but sold as “seconds” and the price has been reduced accordingly. This is to cover any scratches or small imperfections that may occur during shipping. Panels are brand new with protective PVC coating on both sides.
  6. Warranty is carried by our supplier Carib P/L. The insulated roofing panels warranty is for five years against delamination.
  7. It is up to the purchaser to accommodate the panels when picking up so they are not damaged in any way during pickup. The appropriate vehicle or trailer to carry the panels must meet government transport guidelines. The purchaser is also responsible to bring appropriate tie downs and protective wrapping so the panels are not damaged. Freight is at purchaser’s risk. Customer has the responsibility to tie down the load sufficiently.
  8. We highly recommend using a qualified installer with a QBCC license. All cut/ bare metal must be treated properly for rust prevention as normal for all steel products.
  9. Prices subject to change without notice due to Australian dollar, shipping costs etc.
  10. Invoice can have occasional errors; E + OE are on every invoice stating this so the invoice is not a binding contract.
  11. Orders must be paid in full before leaving the premises. *There are a no returns, exchanges or refund policy once the panels leave the premises
  12. Transport companies, it is up to the customer to organise the transport and responsibility ceases after panels are loaded onto the vehicle.
  13. Deposits on special length orders will not be refunded as we are left with lengths we do not stock and may not be able to sell.
  14. No Guarantee can be given on manufacturing or shipping times for orders as delays can occur due to unforeseen circumstances as it is third party. It is usually either side of eight weeks for a shipment to arrive. No responsibility for manufacturing or shipping times is taken by Kool Panels.
  15. Special orders will incur a $50.00 per week storage fee if not picked up within 3 weeks from time of arrival in port.

Patio and Carport Kit

  1. Interpretation 1.1 In these Terms: “Company” means Kool Panels “Customer” means the purchaser of Goods from the Company. “Goods” means all goods sold and/or delivered by or on behalf of the Company to the Customer. “Terms” means these terms and conditions of sale.
  2. Application 2.1 These Terms apply to all contracts for the sale of Goods by the Company. 2.2 No amendment, alteration, waiver or cancellation of any of these Terms is binding on the Company unless confirmed by the Company in writing. 2.3 The Customer acknowledges that no employee or agent of the Company has any right to make any representation, warranty or promise in relation to the Goods or the sale of the Goods other than as contained in these Terms.
  3. Prices 3.1 Prices are determined at the time of order and, prior to payment of the deposit. Prices are subject to change without notice.
  4. Payment 4.1 Payments are to be made to the Company without any deduction or discount other than as stated in these Terms or in the relevant quote, invoice or statement. 4.2 A deposit of 50% of the invoice price must be paid when placing an order. 4.3 The balance of the invoice price must be paid in full before collection or delivery. 4.4 Interest is payable on all overdue accounts calculated on a daily basis at the rate of 1.5% per month as from the date due for payment until payment is received by the Company.
  5. Delivery 5.1 The Customer must, within 5 days of being notified of their availability, collect or accept delivery of the Goods and pay the balance of the invoice price. 5.2 The Customer, not the Company, is responsible for arranging delivery and paying for delivery. 5.2 If the Customer fails to collect the Goods or accept delivery within 21 days of being notified of their availability, the Company may terminate this contract, keep the deposit and resell the Goods. 5.3 In addition to clause 4.4, the Company reserves the right to charge the Customer storage on goods not collected or delivered within 5 days of notification of their availability at the rate of $50.00 per week or part thereof. 5.4 The Company reserves the right to deliver the Goods in whole or in instalments, as well as to deliver prior to the date for delivery and, in such event, the Customer must not refuse to take delivery of the Goods. 5.5 Any failure on the part of the Company to deliver instalments within any specified time does not entitle the Customer to repudiate the contract with regard to the balance remaining undelivered.
  6. Title 6.1 Legal and beneficial ownership of the Goods will not pass to the Customer until such time as the Goods have been paid in full in cash or cleared funds.
  7. Risk and Insurance 7.1 The Goods are entirely at the risk of the Customer from the moment of delivery to the Customer’s point of delivery or on collection, even though title in the Goods has not passed to the Customer at that time. 7.2 The Customer must, at its own expense, maintain the Goods and insure them for the benefit of the Company against theft, breakdown, fire, water and other risks as from the moment of delivery to the Customer and until title in the Goods has passed to the Customer
  8. Inspection 8.1 Unless the Customer has inspected the Goods and given written notice to the Company within 1 day after collection or delivery that the Goods do not comply with the relevant specifications or descriptions, the Goods are deemed to have been accepted in good order and condition.
  9. Cancellations 9.1 No order may be cancelled, modified or deferred without the prior written consent of the Company (which is at the Company’s sole discretion). If such consent is given it is, at the Company’s election, subject to the Company being reimbursed all losses, including loss of profits, and paid a cancellation fee (being not less than 20% of the invoice price of the Goods).
  10. Limited Liability 10.1 These Terms do not affect the rights, entitlements and remedies conferred by the Trade Practices Act 1974. 10.2 The Company is not subject to, and the Customer releases the Company from, any liability (including but not limited to consequential loss or damage) because of any delay in delivery or fault or defect in the Goods. The Customer acknowledges that the Company is not: (a) responsible if the Goods do not comply with any applicable safety standard or similar regulation; and (b) liable for any claim, damage or demand resulting from such non-compliance. 10.3 If any statutory provisions under the Trade Practices Act 1974 or any other statute apply to the contract between the Company and the Customer (C o n t r a c t) then, to the extent to which the Company is entitled to do so, the Company’s liability under the statutory provisions is limited, at the Company’s option, to: (a) replacement or repair of the Goods or the supply of equivalent Goods; or (b) payment of the cost of replacing or repairing the Goods or of acquiring equivalent goods; and in either case, the Company will not be liability for any consequential loss or damage or other direct or indirect loss or damage.
  11. Warranty 11.1 All Goods supplied are covered by such warranties as are specified by the manufacturer and supplied subject to the product standards detailed by the manufacturer. 11.2 On discovery of any defect in the Goods, the Customer must immediately notify the Company in writing of such defect. The Customer must not carry out any remedial work to alleged defective Goods without first obtaining the written consent of the Company to do so. 11.3 The provisions of any act or law (including but not limited to the Trade Practices Act 1974) implying terms, conditions and warranties, or any other terms, conditions and warranties which might otherwise apply to or arise out of the Contract are hereby expressly negatived and excluded to the full extent permitted by law. 11.4 The Customer expressly acknowledges and agrees that it has not relied upon, and the Company is not liable for any advice given by the Company, its employees, agents or representatives in relation to the suitability for any purpose of the Goods.
  12. Description, Display and Samples 12.1 Any description given or applied to the goods is given by way of identification only and the use of such description shall not constitute a sale by description. For avoidance of doubt, the Customer hereby affirms that it does not in any way rely on any description when entering into the contract. 12.2 Any display product or sample inspected by the Customer is solely for the Customer’s convenience and does not constitute a sale by sample.12.3 Where a sample of Goods is shown to and inspected by the Customer, the parties hereto accept that such a sample is representative in nature and the bulk of the order may differ slightly as a result of the manufacturing process.
  13. Contract 13.1 The terms of the Contract are wholly contained in these Terms and any other writing signed by both parties. The Contract is deemed to have been made when an order was placed and any cause of action is deemed to have arisen then.
  14. Force Majeure 14.1 The Company will not be liable for any breach of contract due to any matter or thing beyond the Company’s control (including but not limited to transport stoppages, transport breakdown, fire, flood, earthquake, acts of God, strikes, lock-outs, work stoppages, wars, riots or civil commotion, intervention or public authority, explosion or accident.
  15. Waiver 15.1 The failure of either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this agreement.
  16. No Assignment 16.1 Neither the Contract, nor any rights under the Contract may be assigned by the Customer without the prior written consent of the Company, which is at the Company’s absolute discretion.
  17. Severability 17.1 If any provision contained in these Terms is held by a court to be unlawful, invalid or unenforceable, the validity and enforce-ability of the remaining provisions are not affected.
  18. Governing Law 18.1 These Terms and the Contract shall be governed by the law of Queensland and the parties submit to the courts of Queensland in respect of any dispute arising