Terms & Conditions
Cobalt Trading Pty Ltd trading as Pavement Parts Australia (“PPA”)
Last updated: May 2026
1. Application of Terms
1.1 These Terms and Conditions (“Terms”) apply to all goods supplied by PPA unless otherwise agreed in writing.
1.2 By placing an order with PPA, the customer agrees to be bound by these Terms.
1.3 These Terms prevail over any terms contained in any purchase order or other document issued by the customer unless expressly agreed by PPA in writing.
2. Credit Terms
2.1 Approved accounts are strictly payable within thirty (30) days from invoice date unless otherwise agreed by PPA in writing.
2.2 Time is of the essence in relation to all payment obligations.
2.3 PPA may suspend supply, place accounts on hold, reduce credit limits or withdraw credit facilities at any time without notice.
2.4 The customer must make payment without deduction, set-off, counterclaim or withholding of any kind.
2.5 PPA may determine, review, vary or withdraw the customer’s credit limit and trading terms at any time in its absolute discretion and without notice.
3. Pricing & Delivery
3.1 Prices quoted by PPA are exclusive of GST, freight and delivery charges unless otherwise stated.
3.2 PPA reserves the right to vary pricing prior to delivery where supplier pricing, freight costs, exchange rates or other input costs materially change.
3.3 Risk in the goods passes to the customer immediately upon delivery, collection or dispatch from PPA’s premises.
3.4 Delivery times are estimates only and PPA is not liable for delays in delivery.
3.5 The customer must inspect goods immediately upon delivery and notify PPA in writing within seven (7) days of any shortages, defects or damage.
4. Retention of Title
4.1 Legal and beneficial ownership of all goods supplied by PPA remains with PPA until all monies owing by the customer to PPA are paid in full.
4.2 Until ownership passes to the customer:
(a) the customer must keep the goods clearly identifiable as PPA property;
(b) the customer must keep the goods properly stored and insured for their full replacement value; and
(c) the customer must not grant any third-party security interest over the goods.
4.3 If payment is overdue or the customer becomes insolvent, the customer authorises PPA to enter premises where unpaid goods are located for the purpose of recovering those goods.
5. PPSA
5.1 The customer acknowledges that these Terms create a security interest in favour of PPA under the Personal Property Securities Act 2009 (Cth) (“PPSA”) in all goods supplied by PPA.
5.2 The customer agrees that PPA may register its security interest on the Personal Property Securities Register (“PPSR”).
5.3 The customer must do all things and execute all documents reasonably required by PPA to protect and maintain its security interest.
5.4 The customer waives, to the extent permitted by law, any rights to receive notices or statements under the PPSA.
5.5 Any costs incurred by PPA in connection with the PPSA, including registration or enforcement costs, are payable by the customer on demand.
6. Default & Recovery Costs
6.1 The customer is in default if payment is not made when due, the customer breaches these Terms, becomes insolvent or PPA reasonably believes the customer may be unable to pay its debts.
6.2 Upon default, all monies owing become immediately due and payable and PPA may cease supply and recover unpaid goods.
6.3 Interest may be charged on overdue amounts at 7% per annum calculated daily.
6.4 The customer is liable for all recovery costs, legal costs, mercantile agent fees and collection expenses incurred by PPA on a full indemnity basis.
7. Product Suitability
7.1 The customer acknowledges responsibility for ensuring goods supplied are suitable for the intended machinery, application and operating conditions.
7.2 PPA provides general product information only and does not warrant suitability for any particular purpose unless expressly agreed in writing.
7.3 The customer acknowledges that certain goods supplied by PPA are consumable wear parts designed to wear through ordinary operation and that product life and performance may vary depending on operating conditions, material composition, machine setup, maintenance, operator use and application.
7.4 PPA is not liable for damage, reduced product life or performance issues arising from:
(a) incorrect installation;
(b) misuse or abnormal use;
(c) ordinary wear and tear;
(d) operation outside manufacturer specifications; or
(e) modifications made after supply.
8. Warranty & Liability
8.1 Subject to applicable law, PPA may repair, replace or credit defective goods at its discretion.
8.2 No goods may be returned without prior written approval from PPA.
8.3 To the maximum extent permitted by law, PPA’s liability is limited to replacement of goods or refund of the invoice value.
8.4 PPA is not liable for any consequential loss, project delay, downtime, loss of profit or indirect or any other loss arising from the supply or use of goods.
9. Credit Information & Privacy
9.1 The customer authorises PPA to obtain credit reports, trade references and other credit-related information concerning the customer from credit reporting bodies, trade referees and other third parties for the purposes of assessing applications, reviewing ongoing creditworthiness and recovering overdue amounts.
9.2 The customer acknowledges that such information may be collected, used and disclosed by PPA in accordance with the Privacy Act 1988 (Cth).
10. Intellectual Property
10.1 All intellectual property rights in product drawings, specifications, catalogues, quotations, photographs, marketing materials and other documents supplied by PPA remain the property of PPA unless otherwise agreed in writing.
10.2 The customer must not reproduce, disclose or provide such materials to any third party without PPA’s prior written consent.
11. Force Majeure
PPA is not liable for any delay or failure to perform its obligations where such delay or failure arises from events beyond its reasonable control, including supplier delays, freight disruption, labour shortages, equipment failure, natural disasters, war or government action.
12. Governing Law
These Terms are governed by the laws of Western Australia and the parties submit to the non-exclusive jurisdiction of the courts of Western Australia.
Contact Us
Pavement Parts Australia
29 Mervyn Street, Stake Hill WA 6181
Phone: +61 437 880 715
Website: www.pavementparts.com.au
