Terms and Conditions of Burnum Spirit Corporation PTY LTD

Our Terms & Conditions

Last updated: 14 August 2025

These Terms and Conditions govern the sale and supply of goods and services by Burnum Spirit Corporation Pty Ltd (ACN 657 331 612 / ABN 56 657 331 612) (“Burnum Spirit”, “we”, “our”, “us”) to our customers (“you”, “your”). By purchasing from us, you agree to these Terms.

1. SCOPE OF SUPPLY
We are an Aboriginal-owned business supplying products and services to the construction industry, including materials, labour, safety equipment and procurement solutions to meet social procurement obligations under government and commercial contracts. “Products” includes all goods, services, materials, labour charges, hire charges, repairs and any other items or services provided by Burnum Spirit.

2. JURISDICTION
These Terms are governed by the laws of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of Victoria.

3. OWNERSHIP AND RISK

Ownership of Products passes to you only after all amounts owing to Burnum Spirit are paid in full.
Risk in Products passes to you upon delivery to the agreed location.

4. PAYMENT TERMS

Payment is due within the trading terms stated on our invoice or statement.
Late payments may incur interest at a lawful rate calculated daily until payment is received.
You are responsible for our reasonable costs of recovering overdue amounts (including legal and collection costs).

5. DELIVERY

Delivery charges may apply. If a price is stated as inclusive of delivery, we will deliver to the location agreed in writing.
Delivery is deemed complete on arrval at the agreed delivery point.

6. RETURNS AND REFUNDS (AUSTRALIAN CONSUMER LAW)
Nothing in these Terms excludes, restricts or modifies rights you may have under the Australian Consumer Law (ACL). Where goods or services fail to meet consumer guarantees, you are entitled to a remedy (such as repair, replacement, refund or re-supply) in accordance with the ACL.

Damaged/defective/not as ordered: Tell us within 14 days of delivery. We will assist rectify the issue as soon as possible in accordance with Australian Consumer Law.
Change of mind: We may accept returns within 14 days if Products are unopened, in original packaging, current model and saleable. Returns are at your cost and may attract a 20% restocking fee. Risk remains with you until we receive the Products.

7. CUSTOMER-SPECIFIC STOCK AND MATERIALS
If we source, manufacture, warehouse or distribute Products specifically for you, you agree to purchase all such stock within 30 days of our request. If you do not, we may dispose of the stock without liability. You indemnify us against claims arising from use of any logo, design or material you ask us to apply or reproduce.

8. CANCELLATIONS

By you: For services within Victoria or travel-related services, cancellations with less than 10 business days’ notice may incur up to the full quoted price.
By us: We may cancel any service or supply at any time. If you have prepaid, we will refund you in full.

9. LIABILITY
Except as required by law:

We exclude all express or implied warranties.
We are not liable for indirect or consequential loss (including loss of profit, revenue, data or opportunity).
Our total liability is limited to one of the following (at our option): (a) replacement of the goods or supply of equivalent goods; (b) repair of the goods; or (c) payment of the cost of replacement or repair. For services, our liability is limited to supplying the services again or paying the cost of having the services supplied again.

10. PRICES, GST AND CURRENCY
All prices are in Australian dollars (AUD). Amounts payable are exclusive of GST unless stated otherwise; we may recover any GST payable on a supply from you.

11. CONFLICTS
These Terms prevail over any terms you provide unless we agree otherwise in writing.

12. NO WAIVER
Any delay or failure by us to exercise a right does not operate as a waiver of that right.