1. TRADE ELIGIBILITY, PRIVILEGES & MANDATORY VERIFICATION
1.1 Access & Validation Trade account configurations and tiered pricing matrices are a strictly monitored commercial privilege accessible exclusively to approved, active Trade Account holders. To achieve and maintain account activation, all applicants must pass our comprehensive identity, regulatory, credit, and commercial trade background checks. The Company reserves the absolute right to decline any account application that fails verification loops or to block transactions flagged as high-risk
. 1.2 Independent Commercial Pricing Model Trade prices are highly specialized and
visible only when formally authenticated within our digital trade portal or
verified at our commercial trade desks. Some stock elements attract exclusive
trade pricing, while others may not. Melbourne Building Products operates an
independent pricing structure; we do not offer price-match guarantees, we do
not beat competitor quotes, and we do not match historical promotional values
under any circumstances. All trade pricing adjustments are strictly internal
and determined solely by account tier volume metrics.
1.3 Mandatory Verification Requirements To safeguard corporate assets and prevent
commercial identity theft, fraud, and account misuse, all applicants must
supply verified data arrays to our compliance desk, including: Full legal name
of the operating entity and individual applicants; Valid, active Australian
Business Number (ABN) and/or Australian Company Number (ACN); Current
government-issued photo identification (e.g., Australian Driver’s License or
Passport); and Verifiable trade credentials or state-issued contractor
licensing details where applicable.
1.4
Suspension and Revocation Rights The
Company reserves the absolute right to request updated identification or corporate
standing verification at any time. Accounts may be suspended, locked, or terminated
immediately, and pending orders revoked or cancelled without liability, if verification
fails, data appears fraudulent, or the account is used to bypass corporate eligibility
parameters.
2. INVOICING, MUTUAL PROOF OF PURCHASE
& ACCOUNT LIABILITY
2.1 Primary Proof
of Purchase Clause A valid, serialized Tax
Invoice issued directly by Melbourne Building Products Pty Ltd must be
presented for any and all trade returns, exchanges, technical assessments, or
voluntary warranty claims. The customer explicitly acknowledges that without
the presentation of an authentic invoice, no store account credits, product
replacements, parts allocations, or statutory remedies will be considered or
processed under any circumstances.
2.2
Complete Account Holder Liability Allocation The registered Trade Account holder assumes complete, unconditional
financial, legal, and operational liability for all purchases, transactions,
and fees processed under their credentials. This absolute liability applies
universally to: Orders executed via our e-commerce platform or trade portal; Bookings
made verbally or in writing at an in-store commercial counter; and Secondary
purchases or item additions authorized at warehouse collection points.
2.3 Shared Credentials and Security Failures If the account holder shares portal access codes, leaks passwords, or allows unauthorized individuals to procure items under their profile, they accept full liability for all subsequent transactions and misuse. The Company is completely indemnified against, and assumes zero responsibility for, merchant identity fraud resulting from the account holder's failure to secure account credentials.
3. COMMERCIAL PAYMENT TERMS & STRICT CREDIT LIMIT BOUNDARIES
3.1 Strict Pre-Payment Default Unless explicitly granted an active
"Commercial Credit Facility" in writing signed by the Company's
directors, all Trade Accounts operate on a strict pre-payment framework. Goods
will not be picked, packed, staged, or dispatched from our warehouse depots
until funds have cleared in full within our banking system.
3.2 Approved Credit Tiers For accounts explicitly granted a 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, non-appealable right to freeze, reduce, or alter an account’s credit limit at any time without prior written notice. If an order causes the Trade Account to exceed its approved credit ceiling, the balance over the limit must be paid immediately via cash, credit card, or electronic funds transfer (EFT) before the order will be processed, manufactured, picked, or released from our facilities.
4. RETENTION OF TITLE (ROMALPA CLAUSE)
& PPSA COMPLIANCE
4.1 Legal Ownership vs. Physical Possession Legal ownership, title, and property of all goods supplied by the Company remain exclusively with Melbourne Building Products Pty Ltd and do not pass to the Trade Account holder until all relevant invoices, secondary charges, interest fees, and outstanding balances owed by the Account Holder are paid in full.
4.2 Irrevocable Right of Entry for Asset Recovery Until full title passes to the customer, the Trade Account holder grants the Company, its employees, and recovery agents an irrevocable license to enter any commercial premises, site, project zone, or warehouse where the goods are stored to physically locate and repossess the unpaid inventory.
4.3 Personal
Property Securities Act 2009 (Cth) The
Trade Account holder explicitly acknowledges that these terms constitute a Security
Agreement for the purposes of the Personal Property Securities Act 2009 (Cth) (PPSA). The Company reserves the absolute right to register its
security interest on the Personal Property Securities Register (PPSR) as a
Purchase Money Security Interest (PMSI) to protect its asset equity and
preserve priority over third-party financiers.
5. LATE PAYMENTS, DEFAULT MANAGEMENT & DEBT RECOVERY
CONSEQUENCES
5.1 Immediate Credit Freeze and Account Suspension If a Trade Account holder fails to settle any outstanding invoice within their mandatory commercial payment window, the Company will execute immediate enforcement protocols: The primary Trade Account and all associated sub-profiles, contractor links, or builder access tiers will be placed on an immediate administrative lock. No further orders will be fulfilled, warehouse staging loops will be frozen, and active shipments in transit may be legally recalled, intercepted, or diverted at the customer's expense.
5.2 Commercial
Late Payment Interest Fees Interest will accrue daily
on all overdue amounts from the day after the payment due date until the
balance is paid in full. Interest will be calculated at a rate of 10% per annum (compounded monthly). Both parties explicitly
agree that this interest rate is a reasonable, genuine pre-estimate of the
commercial loss and capital constraints suffered by the Company due to
non-payment, and does not constitute a penalty. 5.3 Debt Collection Expenses & Legal Indemnity If an account remains unpaid past 30 days
from the invoice due date, the debt will be outsourced to a professional
collection agency or legal firm. The Trade Account Holder explicitly agrees to
indemnify and pay the Company for all collection costs, commissions, legal fees calculated on a full
solicitor-client basis, court costs, administrative outlays, and filing
expenses incurred by the Company to execute debt
recovery loops.
6. VOLUNTARY
CHANGE-OF-MIND RETURNS & ABSOLUTE EXCLUSIONS
6.1 Change-of-Mind Limitations under Commercial Procurement The Trade Account holder acknowledges that the Australian Consumer Law does not legally mandate refunds or exchanges for change-of-mind purchases. As a restricted commercial courtesy, voluntary change-of-mind return requests may be evaluated only if formally lodged via email within 7 calendar days from the exact date of delivery or store collection. Goods must be completely unused, uninstalled, unassembled, and housed in their immaculate, original, undamaged packaging.
6.2 Commercial Volume and Bulk Exclusions Trade accounts often procure items in high
volumes for project-level delivery. Trade customers explicitly acknowledge that
commercial quantities or project-level volume
orders are strictly ineligible for change-of-mind returns, cancellations, or exchanges
6.3
Absolute Return Exclusions The following item
categories are permanently excluded from change-of-mind returns, voluntary
modifications, or store credits under any circumstances: Custom-made, altered,
or special-order products ordered specifically for a client project; Products
cut to size, customized, or modified at the customer's request; and Toilet
seats and associated hygiene-sensitive items if the outer plastic shrinkwrap or
cardboard packaging has been unsealed, opened, or broken.
7. STANDARD MANUFACTURING WARRANTY & SPECIFIC COMPONENT
LIMITATIONS
7.1 Default One-Year Parts-Only
Warranty Window All products procured under
a standard Trade Account come with a strict 1-year standard manufacturing warranty starting exclusively from the original tax invoice date. This voluntary
warranty provides for the replacement of the product or individual component
parts only, protecting exclusively against inherent structural manufacturing
defects.
7.2 Non-Licensed Trade Exclusions
& Misuse This voluntary warranty strictly excludes
coverage for faults, leaks, or product degradation resulting from misuse,
physical abuse, lack of maintenance, or incorrect installation. All plumbing,
electrical, and structural items must be installed strictly by a fully
qualified, licensed, and registered Australian tradesperson in accordance with state
laws. Installation or modification by an unlicensed individual instantly voids
all voluntary standard and premium warranty lifecycles.
8. ABSOLUTE LABOUR, PLUMBING & THIRD-PARTY COST
EXCLUSIONS
8.1 Strict Product and Parts
Replacement Only Policy ⚠ CRITICAL
INDEMNITY NOTICE — PLEASE READ CAREFULLY To the maximum extent permitted by law, Melbourne Building
Products Pty Ltd does not cover, pay for, reimburse, subsidize, or accept
financial liability for any plumbing labor, electrical labor, carpentry labor, secondary
installation costs, removal expenses, reinstallation fees, call-out charges,
trade service costs, or third-party repair bills under any circumstances whatsoever.
8.2 Scope of Labor Exclusion Across
the Operational Lifecycle This absolute commercial
exclusion of labor liability applies across all product categories and operates
universally across all trade tiers—including retail cash customers, standard
Trade Account holders, and licensed Builder Account holders. This limitation
remains entirely active while a product is within its voluntary warranty lifecycle.
If an item is determined to be faulty, the Company’s commercial obligation outside
of a major failure under the ACL is confined strictly to providing a replacement
product or providing necessary replacement parts.
8.3 Secondary and Consequential Damage Exclusions The Company accepts zero liability for
auxiliary, secondary, or consequential costs resulting from a product defect,
including but not limited to structural alterations, tiling modifications,
plastering, cabinetry removals, floor restorations, or business interruption
losses suffered by contractors, tradespeople, or property owners, except where
explicitly required under the ACL for a major failure.
9. IRONCLAD WAREHOUSE PICKUP & ANTI-FRAUD VERIFICATION
PROTOCOLS
9.1 Account Holder Pickup When collecting an order directly from our
Melbourne warehouse depot locations, the registered Trade Account holder must
personally present a valid government-issued photo ID (e.g., Australian Driver’s
License) and the original digital or printed Order Confirmation sheet. Goods
will be withheld indefinitely if identity cannot be confirmed.
9.2 Authorised Pickup Agent Protocol If the account holder cannot collect the
order in person and utilizes an employee, subcontractor, or transport agent,
they must notify the Company in writing prior to arrival via SMS text message or registered account
email. The verification message must explicitly
contain: The full legal name of the authorized pickup person; The agent's
contact phone number; and The specific order confirmation number. Agent Identification: The authorized pickup person must present a
valid government-issued photo ID matching the account holder's written notice upon
arrival.
9.3 Adding Extra Items at Pickup Point If an authorized pickup agent wants to add additional tools, fixtures, spare parts, or items to an order at the counter during the pickup loop: No additional items will be processed or un-picked unless the primary Trade Account holder provides instantaneous written approval via SMS text message or email directly to our counter staff. Any approved additional charges will be billed directly to the Trade Account holder's profile and remain their sole financial responsibility. If no instantaneous written approval is provided, no extra items will be supplied.
10. STATUTORY COMPLIANCE & CONSUMER RIGHTS (ACL TRIAGE)
10.1 Non-Excludable Statutory
Guarantees Nothing in this commercial trade 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 excluded or
limited. This policy operates concurrently and in addition to your
non-excludable statutory rights.
10.2
Minor Fault Defect Remedy Allocation In the
event of a verified minor product failure or technical defect as defined under the
ACL criteria, the customer explicitly acknowledges that the Company retains the
absolute, exclusive right to determine the specific method of remediation. The Company
may choose to: Provide a replacement component part or individual section; Provide
a full replacement of the identical product; or Issue a targeted store account
credit. Refunds for minor
defects are strictly barred outside the Company's absolute corporate
discretion.
10.3 Major Fault Defect Resolution If a product suffers a verified major failure as defined under the ACL framework, the customer may choose between a direct replacement of the item (subject to inventory availability), an equivalent store account credit, or a full refund applied directly to the original payment channel.