1. ACCESS
ELIGIBILITY & MANDATORY REGULATORYCOMPLIANCE
1.1 Absolute Eligibility Restrictions (Licensed
BuildersOnly)Builder Accounts are a strictly monitored commercial privilege
reserved exclusivelyfor licensed builders operating within Australia. No other
trade categories—includingbut not limited to plumbers, electricians, handymen,
painters, landscape gardeners, apprentices, un-certified laborers, or
unlicensed sub-contractors—are eligible for this
specific tier.
1.2 No Licence = No Account Framework
Commercial applications for account activation will be
declined automatically or revoked immediately if any of the following
conditions occur:
A valid, active Australian Building Licence Number is not
provided at
checkout or registration. The supplied building licence
fails state or territory database validation checks. The building licence is
flagged as expired, suspended, canceled, or restrictedby a state building
authority. The legal registration details of the building licence do not
correspond exactlyto the applicant’s provided photo identification or business
structural records. Strict Regulatory Mandate: No active building licence equals
no account access. There are no exceptions to this rule.
1.3 Mandatory Licence, Identity, & Business Verification
To protect our corporate infrastructure and prevent digital
and physical commercial fraud, all applicants must submit a verified
information array to our compliance desk. The Company strictly reserves the
right to:
Verify all registration and corporate credentials directly
with relevant state municipal authorities (e.g., Victorian Building Authority).
Request supplementary government-issued photo identification (e.g., Australian
Driver’s License or Passport) at any point during the application or
ordering process. Deny, suspend, or permanently cancel any
active accounts that fail to pass our comprehensive commercial background and
identity checks.
1.4 Material Accuracy of Supplied Data
All information supplied to the Company by the applicant
must be true, complete, current, and accurate. Providing false, deceptive, or
misleading documentation will trigger the immediate execution of the following
protective measures:
Instantaneous suspension or permanent termination of the
primary Builder
Account. Cancellation of all active, pending, or
back-ordered shipments without liability. Forclosure of trade pricing
privileges and retroactive billing of completed
orders at full standard retail value. Reporting of the
fraudulent activity and credential usage to relevant lawenforcement and state
regulatory building authorities. Full civil liability for any transactional
losses, merchant chargebacks, or administrative costs incurred by the Company
due to the fraudulent activity.
2.
ACCOUNT SECURITY, DELEGATED ACCESS&CIVILLIABILITY
2.1 Complete Liability Allocation
The registered Builder Account holder assumes complete,
unconditional financial, legal, and operational liability for all activities,
transactional charges, and orders processed under their credentials. This legal
responsibility extends globally across all procurement channels, including:
Automated e-commerce platform orders;
Specialized builder/trade portal digital transactions;
Verbal or written purchase orders processed at our physical
in-store commercial trade desks; and Modifications or item additions executed
by authorized pickup agents.
2.2 Unauthorized Shared Access Consequences
If a registered builder shares their system access,
coordinates login transfers with a
non-builder, or permits unauthorized third parties to
procure items under their
commercial account profile:
The builder accepts unconditional, absolute financial and
legal liability for all purchases, structural material acquisitions, and
account misuse. The Company is completely indemnified against, and assumes no responsibility
for, shared login data, negligent security practices by the
account holder, or merchant identity fraud resulting from
poor customer
security protocols.
3. COMMERCIAL PAYMENT TERMS, CREDIT BOUNDARIES
& PROJECT DRAWDOWNS
3.1 Strict Pre-Payment Default
Unless explicitly granted a written "Commercial Credit
Facility" signed by the Company's directors, all Builder Accounts operate
on a strict pre-payment basis. Goods will not be picked, packed, staged,
manufactured, or dispatched from our warehouse depots until funds have cleared
in full within our banking network.
3.2 Approved Credit Tiers
For accounts granted an active Commercial Credit Facility,
payment must be settled in full within the strictly defined timeframe specified
on your approved commercial credit agreement (e.g., Net 7, 14, or 30 days from
the date of the Tax Invoice).
3.3 Universal Credit
Limit Mandate
The Company reserves the absolute right to freeze, reduce,
scale back, or modify a builder's credit line at any time without prior written
notice. If a project order or bulk materials draw causes the account to exceed
its assigned credit ceiling, the builder must immediately clear the over-limit
balance via cash, credit card, or EFT. No order allocation, warehouse staging
loops, or manufacturing scheduling will commence while an account sits over its
designated credit limit.
3.4 Project Drawdowns & Back-Orders
For large-scale construction contracts where project orders
are held in our warehousefor staggered, phase-based site rollouts, inventory
holding and staging fees may apply. Payment for each specific project phase
must be cleared 48 hours prior to any authorized on-site fleet drop or Click
& Collect warehouse pickup loop.
4. RETENTION OF TITLE & SITE
INSOLVENCYCLAUSES
4.1 Retention of Title (Romalpa Clause)
Legal ownership and structural title of all building
supplies, fixtures, appliances, tapware, basins, and materials remain
exclusively with Melbourne Building Products Pty Ltd and do not pass to the
Builder Account holder until all relevant invoices, interest charges, and
outstanding balances owed by the builder are paid in full.
4.2 Site Default & Insolvency Warning
If a construction site or project experiences a financial
shutdown, insolvency event, court administration appointment, or liquidation
process:
The builder is legally obligated to immediately identify the
Company’s uninstalled materials stored on-site. The builder must facilitate the
safe return and recovery of the uninstalled goods prior to any formal site
lockout or asset freezing. The builder grants the Company, its employees, and
recovery agents an irrevocable license to enter any construction project, site,
or warehouse wherethe unpaid goods are located to physically repossess them.
4.3 Late Payments, Credit Freezes & Project Delays
Project Disruption Liability Disclaimer: If a Builder
Account falls into default or late payment status, the Company will freeze all
project lines andwithhold future shipments instantly. The Company accepts zero
liability for construction delays, structural liquidated damages, subcontractor
standby costs, or council compliance extensions resulting from a credit freeze
triggered bythe builder's non-payment. Enforcement & Debt Recovery Fees:
Interest will accrue daily on all overdue amounts from the day after the
payment due date until the balance is paid in full at a rate of 10% per annum
(compounded monthly). If an account remains unpaid past 30 days, the builder
explicitly agrees to indemnify andpay the Company for all collection costs,
legal fees on a solicitor-client basis, court costs, and filing expenses
incurred by the Company to recover the outstanding debt.
5.
IRONCLAD WAREHOUSE PICKUP & ANTI-FRAUDVERIFICATION PROTOCOLS
5.1 Strict Chain of Custody Mandate
To mitigate commercial fraud, site allocation scams, and
identity theft, the Company enforces a strict chain of custody for order
collection at all Melbourne warehouse depot locations.
5.2 Account Holder
Pickup
When the registered builder collects an order in person,
they must present:
A valid, current government-issued photo ID matching the
account records. The original digital or printed Order Confirmation / Pickup
Instruction Sheet.
5.3 Authorized Pickup
Agent Protocol
If the builder cannot collect the goods in person and
utilizes a subcontractor, courier, or transport agent, the builder must notify
the Company in writing prior to the agent's arrival via SMS text message,
registered account email, or the official online portal. This communication
must explicitly state the pickup agent's full legal name and contact phone
number.
5.4 Agent Identification Requirements
Upon arrival at our depot facility, the authorized pickup
person must present:
A valid government-issued photo ID matching the builder's
written notice. The corresponding order confirmation documentation.
Release Rejection: Goods will be withheld indefinitely and
pickup deferred if the agent fails to pass this verification loop.
5.5 Modification of Orders at Pickup Point
If an authorized pickup agent attempts to add additional
tools, fixtures, spare parts, or
items to an order at the counter during the pickup loop:
The registered builder must provide instantaneous written
authorization via
SMS text message or email directly to our counter staff. No
additional items will be processed, un-picked, or added to the bill without written
account-holder approval.
5.6 Liability for Secondary Purchases
Any extra amount, freight fee, or financial liability
arising from approved counter
additions remains the sole responsibility of the primary
builder account holder. The
builder is fully liable for payment under their designated
payment terms, not the
pickup agent.
5.7 Continuous
Monitoring & Suspension Rights
The Company may audit transactions and instantly suspend or
cancel account
privileges if we detect:
Suspicious pickup activities or mismatched regional
logistics vectors. Misuse of trade pricing configurations for unauthorized
non-builder projects. Un-notified sharing of portal account access codes.
AttemptS to bypass eligibility rules or state licensing validations.
6.
LABOUR, REPAIR & CONSEQUENTIAL COSTEXCLUSIONS
6.1 Strict Parts-Only / Product Replacement Mandate
To the maximum extent permitted by law, all commercial
products carry a strict
Product and Parts Replacement Only policy. Except where
explicitly mandated under
the Australian Consumer Law (ACL) for an unrectifiable major
failure, Melbourne
Building Products Pty Ltd does not cover, pay for,
reimburse, or accept financial
liability for any third-party plumbing labor, electrical
labor, secondary installationcosts, removal expenses, re-installation fees,
call-out charges, trade service costs, or third-party repair bills under any
circumstances whatsoever.
6.2 Standard &
Extended Lifecycle Application
This absolute exclusion of labor liability applies
universally across all product
categories, standard items, premium tiers, and extended
voluntary commercial
guarantees. The builder assumes full, sole financial
responsibility for sourcing andpaying the independent trade labor required to
swap over or service any replacement
component provided under warranty.
6.3 Consequential
Damage Exclusions
The Company accepts zero liability for auxiliary or
consequential costs resulting froma product defect, including structural
alterations, tiling modifications, plastering, cabinetry removals, floor
restorations, or business interruption losses suffered by
contractors, builders, or property owners, except where
explicitly required under theACL for a major failure.
7.
STATUTORY COMPLIANCE & CONSUMER RIGHTS(ACL ALIGNMENT)
7.1 Non-Excludable Statutory Rights
Nothing in this commercial policy excludes, restricts, or
modifies any condition, warranty, guarantee, right, or remedy implied by the
Australian Consumer Law(ACL) and the Competition and Consumer Act 2010 (Cth)
that cannot be lawfully excludedor limited.
7.2 Statutory
Remedies
Where a product is verified by an authorized internal
technical assessment to carryaninherent manufacturing defect, the
classification of the fault and subsequent remedyprotocol shall align with the
following statutory parameters:
Major Failure: If a defect constitutes a verified major
failure under the ACLframework, the consumer may elect to receive an exact
replacement product, astore account credit, or a full refund applied to the
original payment channel. Minor Failure: If the defect is determined to be a
minor failure capable of
being rectified within a reasonable timeframe, the Company
reserves the
absolute right to determine the exact method of remediation.
The Companymay choose to provide a replacement component part, execute a
localized
component fix, or issue a store account credit. Refunds for
minor defects are
strictly barred outside the Company's absolute discretion.