Call 1300 799 969 | Contact Us

Flexshield Terms & Conditions of Trade


  1. APPLICATION:- Any instructions received by Flexshield from the customer for the supply of goods or services and/or the customer’s acceptance of goods or services supplied by Flexshield shall constitute acceptance of the terms and conditions contained herein. Upon acceptance of these terms and conditions by the customer these terms and conditions can only be rescinded or varied with the written consent of Flexshield.


  1. PRICE:- The customer agrees to pay Flexshield the price as indicated on invoices provided by Flexshield to the customer in respect of goods and/or services supplied. The place of payment is Toowoomba, Queensland.


  1. PAYMENT:- Unless otherwise agreed, the customer must pay the price within thirty (30) days of the date of the invoice. If payment is not made by the due date, Flexshield may charge interest at the rate of 18% per annum on all monies then outstanding and owing by the customer to Flexshield. Such interest shall be calculated and compounded on a daily basis. Flexshield may raise and invoice and charge the customer for goods and services partly completed.


  1. PPSA:-
  • It is the intention of Flexshield and agreed by the customer that the property in the goods shall not pass until the customer has paid all amounts owing for the goods and the customer has met all other obligations due by the customer to Flexshield in respect of any agreement between Flexshield and the customer. Where practicable, the goods shall be kept separate until Flexshield shall have received payment and all other obligations of the customer are satisfied to Flexshield’s satisfaction.
  • Receipt by Flexshield of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then Flexshield ownership of rights in respect of the goods shall continue.


It is further agreed that:

  • The retention of title clause herein constitutes a security agreement pursuant to the Personal Property Security Act (2009) (“PPSA”) which creates a security interest in all goods supplied by Flexshield to the customer including present and future goods and any commingled goods. It is the intention of Flexshield and the customer that upon registration of Flexshield’s security interest on the register, a purchase money security interest will result.
  • The customer must do whatever is necessary in order to give a valid security interest over the goods and their proceeds which is able to be registered by Flexshield on the Personal Properties Securities Register.
  • The customer waives any rights: (a) pursuant to section 157 PPSA to receive a verification statement and (b) that it may have had under section 115 PPSA upon enforcement.
  • The security interest arising under this clause attaches to the goods at the time of delivery to the customer and not at any time later.
  • Until such time as ownership of the goods shall pass from Flexshield to the customer Flexshield may give notice in writing to the customer to return the goods or any of them to Flexshield. Upon such notice the customer’s rights to obtain ownership or any other interest in the goods shall cease.
  • Flexshield shall have the right of stopping the goods in transit whether or not delivery has been made; and
  • If the customer fails to return the goods to Flexshield then Flexshield or any agent thereof may enter upon and into land and premises owned, occupied or used by the customer, or any premises as the invitee of the customer, where the goods are situated and take possession of the said goods.
  • The customer is only a bailee of the goods and until such time that Flexshield has received payment in full for the goods then the customer shall hold any proceeds from the sale or disposal of the goods on trust for Flexshield.
  • The customer shall not deal with the money of Flexshield in any way which may be adverse to Flexshield.
  • The customer shall not charge the goods in any way nor grant nor otherwise give any interest in the goods while they remain the property of Flexshield.
  • Flexshield may require payment of the price or the balance of the price due together with any other amounts due from customer to Flexshield arising out of these terms and conditions, and Flexshield may take any lawful steps to require payment of the amounts due and the price.
  • Flexshield can issue legal proceedings to recover the price of the goods sold notwithstanding that ownership of the goods may not have passed to customer.
  • Until such time that ownership in the goods passes to customer, if the goods are so converted, the parties agree that Flexshield will be the owner of the end goods.


  1. INSTALLATION AND MISUSE:- The customer agrees to erect and use the goods strictly in accordance with the instructions available from Flexshield on request and with any directions or instructions displayed on or supplied with equipment. Flexshield is not responsible for any loss or damage to person or property of any kind whatsoever incurred by the customer or by any other person as a result of incorrect erection, misuse of the equipment or negligence. The customer agrees to indemnify Flexshield against any loss or damage which Flexshield suffers or incurs should any claim or demand be made by any person against Flexshield for any reason whatsoever.


  1. LIABILITY LIMITED:- If any goods supplied by Flexshield in pursuance hereof are defective, the liability of Flexshield (if any) shall be limited to the replacement of the goods or their repair. Flexshield is not liable to the customer under or in connection with this agreement (including negligence) for any indirect or consequential loss, loss of profit, use, goodwill, revenue, business, production, opportunity or anticipated savings.  Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the Competition and Consumer Act 2010 (Cth) or the Fair Trading Acts in each State or Territory of Australia, except to the extent permitted by those Acts.


  1. TELEPHONE ORDERS:- If the customer places an order over the telephone the Flexshield’s details and invoices shall prevail if there is a discrepancy with the telephone order as recorded and processed by Flexshield.


  • The goods will be sent by Flexshield to the customer’s address or to a place nominated by the customer. Delivery of the goods shall be deemed to be effected when Flexshield’s carrier or the customer’s carrier takes possession of the goods in which event the carrier shall be deemed to be the customer’s agent.
  • Subject to agreement to the contrary, Flexshield agrees to send to and the customer agrees to receive the goods at the kerb alignment. The delivery vehicle will only enter the job area to facilitate unloading at the customer’s sole risk and responsibility and at the absolute discretion of the truck driver.
  • The customer is responsible for all costs associated with delivery, including freight, insurance and other charges. The costs of carriage and any insurance which the customer reasonably directs Flexshield to incur must be reimbursed by the customer (without any set off or withholding whatsoever) and shall be due on the date for payment of the goods.
  • Where there is no agreement that Flexshield will send the goods to the customer, delivery to a carrier at limited carrier’s risk at the customer’s expense is deemed to be delivery to the customer. Sending the goods to a third party nominated by the customer is deemed to be delivery to the customer for the purposes of this agreement.
  • Flexshield will not be responsible to the customer in any way for loss, damage or delay arising  from strikes, lockouts, cessation of labour, fire transport delays, shortened hours of labour, accidents of any kind, acts of God, non-delivery of material or parts or any other cause of contingency whatsoever beyond the control of Flexshield.
  • The failure of Flexshield to deliver goods to the customer at an agreed time or at all through exceptional circumstances entitles Flexshield at is sole discretion to either extend the time for delivery for such reasonable period as it thinks fit or to cancel and terminate the agreement in so far as it is incomplete without prejudice to Flexshield’s right to recover all sums owing to it in respect of goods previously provided or services performed prior to such termination date.


  1. ACCEPTANCE:-The customer is deemed to have accepted the goods when the customer signs a form accepting the goods. If no acceptance form is signed, the goods are deemed to have been accepted if the customer retains the goods for 48 hours from the time of delivery without intimating to Flexshield that the goods have been rejected.


  1. RISK:-
  • Flexshield retains ownership in the goods until such time as the price is paid in full. Upon delivery, a bailment is created whereby the customer is bailee and Flexshield is bailor. As bailee, all risk for the goods passes to the customer on delivery.
  • If any goods are damaged or destroyed prior to ownership in them passing to the customer, Flexshield is entitled, in addition to all its other rights under these terms and conditions, to receive all insurance proceeds payable for the goods. Flexshield may produce these terms and conditions as sufficient evidence of its right to receive the insurance proceeds without the need for any person dealing with the customer to make further enquiries.


  1. GST:- To the extent that a supply of goods or services provided by Flexshield or any other supply, made in connection with this agreement is a ‘taxable supply’ as defined in A New Tax System (Goods and Services Tax) Act 1999, Flexshield will increase its price in respect of that supply it makes by the amount of GST applicable.


  1. RECOVERY COSTS:- The customer will pay all legal and administrative costs and expenses incurred by Flexshield, its legal advisers, mercantile agents and others in respect of overdue monies or anything instituted or being considered against the customer, whether for debt, possession of any goods or otherwise.


  1. GENERAL:-
  • Severability- Any part hereof being a whole part of a clause shall be capable of severance without affecting any other parts of these terms and conditions.
  • Jurisdiction-The parties agree that all agreements made with Flexshield shall be governed by the laws of the State of Queensland, Australia and the parties shall submit to the jurisdiction of the courts of Queensland, Australia
  • Privacy- Flexshield is bound by the National Privacy Principles dealing with collection, use and storage of personal information about individuals.
  • No set off– The customer shall have no right to set off against the price amounts due (if any) from Flexshield
  • Precedence– Any inconsistency in relation to any dealings between the parties shall be resolved by firstly applying these terms and conditions, secondly by applying the quotation and then any purchase order.
  • Intellectual property– The customer acknowledges that  all products, designs, drawings, computer programs, website content, brochures, data and other documents or material created by or for Flexshield (‘intellectual property rights’) are vested in Flexshield.  Flexshield hereby reserves all its rights at law and equity in relation to any breach of its intellectual property rights by or on behalf of the customer


  • The customer is the person or company that has purchased or has agreed to purchase goods from Flexshield.
  • ‘The Flexshield Group Pty Ltd’ is the trading name of Flexshield Group Pty Ltd and is described by the term Flexshield in these conditions.
  • Headings to clauses are for convenience only and do not affect the interpretation of this clause.
  • The singular includes the plural and vice versa.
  • One gender includes all genders. Where a word or expression is given a particular meaning, other speech and grammatical forms of that work or expression have corresponding meaning.
  • The ‘goods’ are as described on the invoices, quotation, work authorisation or any other forms provided by Flexshield to the customer and ‘services’ is that work provided by Flexshield with respect to the  installation of goods and such other services provided to the customer and the customer’s request.
  • The ‘price’ shall mean the cost of goods and/or services as determined by Flexshield.


“Leaders in workshop dividers & PVC curtains. Fully customised factory and workshop screens and dividers. Proven solutions for every metal trade training”