By joining Trade Alliance Group established by Trade Alliance Group Pty Ltd ACN 102 776 723 (TAG), Members agree to abide by the following Terms & Conditions:

Members will abide by the Terms & Conditions

Each member agrees to use the benefits associated with membership in accordance with the Terms & Conditions of TAG as advised or as amended from time to time. TAG may vary the Terms & Conditions by giving the member 14 days’ notice of the variation.  If the member does not terminate its membership by written notice to TAG before expiry of the 14-day notice period, the member is taken to have accepted the variation as from the passing of the 14 days.

Members contracts with TAG Supplier

TAG agrees to provide each member with details of suppliers who have agreed to provide members with discounted products or services. The member will contract directly with a supplier and the member is solely responsible for any debts or accounts incurred with the supplier. While TAG makes every effort to ensure that supplier price lists are current, it is the member’s responsibility to check the price with the supplier before quoting or ordering materials.

Members contracts with TAG for “PrePaid Deals”

TAG may from time to time offer members certain deals (Prepaid Deals) for the supply of discounted products or services by a supplier. The member agrees that for Prepaid Deals the member is contracting with TAG and that TAG is then contracting with the supplier for the supply to the member. The member agrees that they are solely responsible for any debts or accounts incurred with TAG. The member further agrees that they will pay the fees for the Prepaid Deal including any surcharge incurred by TAG in respect of the supply of goods and services by the supplier to the member. TAG will advise the member of the surcharges that may be incurred as part of the Prepaid Deal.

Payment for PrePaid Deals

TAG may require an upfront payment for the Prepaid Deals and/or a deposit to cover any surcharge fees that a supplier may charge in supplying the goods and services to the member. Any deposit (in whole or in part) not paid to cover surcharge fees will be refunded to the member.

No Cancellations of PrePaid Deals

Unless agreed by TAG, the member cannot cancel or change its order for goods and services under a Prepaid Deal. Any cancellation will be subject to the respective suppliers’ terms and conditions or approval.

Member liability for fees

The Member agrees that it will pay all fees and surcharges owing to suppliers or TAG strictly in accordance with this agreement and the supplier’s terms and conditions. For the avoidance of doubt, the Member agrees that they are liable to pay any additional charges or fees a supplier or TAG charges (even if not included on the initial quote or Prepaid Deal) including without limitation:

  1. fees for extra cartage;
  2. minimum load fees;
  3. fees in relation to services/delivery of goods out of hours;
  4. cancellation fees;
  5. fees in relation to the failure of the Member to ensure delivery of the goods can occur at the time nominated by the supplier;
  6. fees in relation to time, a delivery driver has to wait in order to make a delivery if the Member is not ready to accept delivery at the time agreed;
  7. debit and credit surcharges;
  8. disposal and wastage surcharges;
  9. admin fees;
  10. fees for any additional services, goods or features not originally ordered or included the supplier’s quote;
  11. testing fees; or
  12. any other fee that a supplier or TAG may charge in addition to the fees quoted by that supplier.

Disputes on PrePaid Deals

If a member disputes a fee charged by a supplier or TAG in respect of a Prepaid Deal, the member must notify TAG of the dispute and act reasonably and promptly to resolve the dispute. For the avoidance of doubt TAG and the member agree that the decision of the supplier in respect of the dispute is binding and final on TAG and the member.

No liability

Each member acknowledges that:

  1. TAG does not act as an agent for any supplier and that TAG has no liability arising out of any contract entered into directly between a member and a supplier.
  2. TAG will not be liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply, installation or operation of any goods or services or arising out of contract or negligence or in any way whatsoever.
  3. In respect of a Prepaid Deal, any liability TAG may have under this agreement is limited to the respective fees paid by the member to TAG for the Prepaid Deal.

Delivery and risk

If the member purchases a Prepaid Deal, the member agrees to take delivery of the goods and services of the supplier in accordance with the suppliers’ terms and conditions. Risk of damage to or loss of the goods and services passes to the member on delivery and the member must insure the goods and services on or before delivery.

Payment of surcharges and additional fees

  1. If the Member has provided TAG with their credit card details, the Member authorises TAG to charge their credit card for payment of any amount owing to TAG;
  2. TAG may cancel a member’s membership without refund if a member refuses to pay TAG the fees payable in accordance with this clause.
  3. TAG may offset any amount owing to the Member against any amount owing to TAG without notice to the Member.

No warranty

Each member acknowledges and agrees that:

  1. TAG gives, and has given, no warranty as to the ability of a supplier to supply products and/or services to members nor as to the quality, merchantability or fitness for purpose of any such products and/or services supplied;
  2. Before entering into a contract with a supplier the member will conduct its own due diligence and satisfy itself as to the reliability and quality of the supplier and their products and/or services.
  3. In respect of Prepaid Deals TAG disclaims, and the member waives, any claims and damages arising from the failures, errors or delays of the suppliers in connection with the provision of goods and services provided by the suppliers. TAG assigns to the member all of its rights against the supplier relating to the supplier’s failures or errors in connection with the provision of the goods and services ordered by the member. The member acknowledges that failures of timely deliveries and performance by the supplier may occur and do not give rise to a damage claim by the member.
  4. TAG makes no express or implied representation or warranty, with respect to the goods sold and services provided by the suppliers, including, but not limited to, implied conditions of fitness for a particular purpose, non-infringement, or merchantability. no agent, employee or representative of TAG has any authority to make any representation or warranty on behalf of TAG except an authorised officer of TAG pursuant to a signed written agreement. The member acknowledges that it is their responsibility to investigate and determine whether the goods and services offered by a supplier are fit for the purpose which the member requires.
  5. Nothing in this ‘No Warranty’ clause shall be read or applied so as to exclude, restrict or modify any condition, warranty, guarantee, right or remedy implied by the law and which by law cannot be excluded, restricted or modified.

Confidentiality of price lists

Each member agrees not to disclose any prices supplied to it from TAG or any of its suppliers to any other competitor. Playing off suppliers’ prices limits TAG’s volume with suppliers and severely hinders its ability to negotiate better prices on products or services. Breach of this clause will result in cancellation of membership without refund.

Confidentiality of other supplier information

Each member agrees to maintain any information or details of suppliers in the strictest confidence and to prevent its unauthorised disclosure to any other person or company.

Acknowledgement of license

Each member acknowledges that at the time of joining TAG it is a licensed builder, licensed sub-contractor or a developer with a licensed nominee. If at any time after joining a member ceases to belong to one of the aforementioned categories it will immediately inform TAG in writing and resign its membership. Breach of this clause will result in cancellation of membership without refund.

Notification of belonging to another buying group

Each member agrees to notify TAG on the member application if it belongs to any other buying group. If a member joins another buying group after becoming a member of TAG it must notify TAG in writing within seven days.

Authority to share information with suppliers

Each member hereby authorises TAG to release certain information from its membership application to suppliers for verification of membership details or to offer their discounted products or services. TAG agrees to enter into arrangements with suppliers to keep information confidential and to contract with suppliers to use member lists for no other reason other than associated with offering discounted products or services to members.

Authority to gather purchase information

Each members authorises TAG to give and receive information from suppliers as to the volume and amount of a member’s purchases. TAG may collate this information to estimate total turnover of purchases which can help when negotiating with suppliers for better prices and services for members.

Agree to abide by suppliers’ trading terms

In return for suppliers offering discounted products or services, each member agrees to trade strictly within a  supplier’s payment terms. TAG may cancel membership without refund if a member refuses to pay a supplier without a valid reason.

Indemnity

The member agrees to indemnify TAG and keep TAG indemnified against any claim in respect of amounts owing by the member to a supplier or TAG. This indemnity includes any legal fees and expenses TAG incurs in order to enforce its rights, on an indemnity basis.

Guarantee

If you are a corporation, each director signing this agreement (Guarantor) jointly and severally, personally and unconditionally guarantees the:

  1. punctual payment of all monies owed by the member to TAG pursuant to this agreement; and
  2. performance and observance by the member of all of the terms of this agreement.

On the following terms:

  1. No extension of time or other indulgence granted to the member by TAG or to the Guarantor will operate to affect or modify any of the Guarantor’s obligations or covenants under this guarantee.
  2. This Guarantee is a continuing guarantee for the whole of the Member’s indebtedness or liability in respect of the goods and services provided to the Member by TAG or a supplier pursuant the agreement.
  3. The Guarantor’s liability under this guarantee will not be affected by the member’s insolvency or bankruptcy.
  4. This guarantee may be enforced against any Guarantor without TAG first being required to exhaust any remedy it may have against the member or another guarantor in respect of monies owed pursuant to this agreement.
  5. This guarantee is in addition to, and independent of, and will not affect, or be affected by, any other or further security or guarantee held, or taken by, TAG now, or after the commencement of this agreement (Commencement Date), or by any loss or release by TAG of any other collateral or other security or guarantee, or by TAG failing or neglecting to recover by the realisation of any collateral or other security or otherwise any of the money hereby guaranteed or by any mistake on TAG’s part.
  6. Until TAG has received in full all money now or after the Commencement Date owing or payable to TAG by the member the Guarantor is not entitled on any ground to claim the benefit of any security held by TAG for the payment of the money or obligations guaranteed, or either directly or indirectly to claim or receive the benefit of any dividend or payment in the winding up or bankruptcy of the member .
  7. If the member is bankrupt or is wound up, the Guarantor is not entitled to prove or claim in the bankruptcy or winding up in competition with TAG so as to diminish any dividend or payment which but for such proof TAG would be entitled to receive in such bankruptcy or winding up, and the receipt of any dividend or other payment which TAG may receive in such bankruptcy or winding up will not prejudice or affect TAG’s right to recover from the Guarantor the money hereby guaranteed.
  8. The Guarantor agrees and declares that all or any sums of money which may not be recoverable from the Guarantor pursuant to this guarantee whether by reason of any legal limitation, disability or incapacity on or of the member or any other fact or circumstance and whether known to TAG or not will nevertheless be recoverable from the Guarantor as sole or principal debtor in respect thereof and will be paid by the Guarantor on demand.

Suppliers Complaints

TAG agrees to keep a record of all complaints lodged by a member with respect to a supplier.

Right to assign interest

TAG reserves the right to sell or assign its interest, provided the member benefits remain valid.

TAG-Member relationship

Nothing in this agreement constitutes a relationship of Employer / Employee / Subcontractor / Licensor / Licensee / Franchisee arrangement between TAG and each member.

Phone conversation recording

Each member authorises TAG to monitor or record any telephone conversation between the member and TAG, for quality and coaching purposes.

Authority to charge credit card

If the Member chooses to provide TAG with their credit card details, TAG will store the card details securely with a third-party payment provider and only charge the card as permitted or directed by the member. Some of TAG’s prepaid deals may only be paid by credit card to allow future charges to also be applied to it. In such a case, the member will be informed of the potential charges and authorises TAG to apply to the member’s credit card such charges.

Interest rates

The interest rate on any outstanding debts is the interest rates published by the Queensland Courts when making default judgements.

Dishonour fees

The Member acknowledges and agrees that it is solely liable for any dishonour fees charged by its bank should a charge to its credit card or bank account fail and the Member releases TAG from any liability in this respect.

Accuracy of information

Price lists, contact details and other information pertaining to suppliers are provided by TAG without guarantee of their complete accuracy. Where a quotation is provided by TAG on behalf of a supplier the price is only current at the time of the quotation and is subject to change by the supplier at any time without notice. It is the responsibility of the member to check any information with the supplier before relying on it.

Taxes and duty

The Member must pay GST on any taxable supply made by TAG to the Member under this Agreement. The payment of GST is in addition to any other consideration payable by the Member for a taxable supply. If as a result of:

  1. any legislation becoming applicable to the subject matter of this agreement; or
  2. any changes in legislation or its interpretation by a court of competent jurisdiction or by any authority charged with its administration,

the member becomes liable to pay any tax, duty, excise or levy in respect of the amounts received from the Member, then the Member must pay TAG these additional amounts on demand.

Force Majeure

TAG is not liable for any loss caused to the member by reason of strikes, lockouts, fires, riots, war, embargoes, civil commotions, acts of God or any other activity beyond TAG’s control.

Jurisdiction

The member acknowledges and agrees that this agreement will be governed by the laws of Queensland and the laws of the Commonwealth of Australia which are in force in Queensland and that member submits to the non-exclusive jurisdiction of the courts of Queensland and the relevant federal courts and courts competent to hear appeals from those courts.

Severance

If any provision of this agreement is not enforceable in accordance with its terms, other provisions which are self-sustaining are, and continue to be, enforceable in accordance with their terms. If any part of this agreement is invalid or unenforceable, that part is deleted, and the remainder of the agreement remains effective.

Entire Agreement

This agreement constitutes the entire agreement between the parties relating in any way to its subject matter.  All previous negotiations, understandings, representations, warranties, memoranda or commitments about the subject matter of this agreement are merged in this agreement and are of no further effect.  No oral explanation or information provided by a party to another affects the meaning or interpretation of this agreement or constitutes any collateral agreement, warranty or understanding. Any variation of this agreement must be in writing and agreed to by both parties.