BSA GROUP AUST
ABN 64 168 886 397
STANDARD TERMS AND CONDITIONS OF SALE
Applies to orders placed via the Website Ordering Portal, and to quotations, purchase order confirmations and invoices issued by BSA
Effective date: August 2026 | Version: 1.15
1. APPLICATION OF THESE TERMS
1.1 These Standard Terms and Conditions of Sale (Terms) apply to every order for goods and/or services (Goods) placed by a customer (Customer, you, your) with BSA Group Aust (ABN 64 168 886 397) (BSA, we, us, our), whether the Order is placed through BSA's online ordering portal (Portal), or is otherwise placed by telephone, email, purchase order, or in person, including in response to a quotation or estimate issued by BSA (Quotation), or is recorded on an invoice issued by BSA (Invoice).
1.2 These Terms apply to, and are incorporated into, every Quotation, Order Confirmation, and Invoice issued by BSA, whether or not the Order to which it relates was placed through the Portal. By creating an account on the Portal, placing an Order (through the Portal or otherwise), accepting a Quotation, submitting a purchase order in response to a Quotation, or accepting delivery of Goods after being given, or referred to, a copy of these Terms, you agree to be bound by these Terms. If you are entering into an Order on behalf of a company or other entity, you represent that you have authority to bind that entity, and “you” refers to that entity.
1.3 These Terms apply to the exclusion of any terms and conditions the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing, unless expressly agreed in writing by an authorised representative of BSA.
1.4 BSA may amend these Terms at any time by posting an updated version on the Portal and on BSA's website. The Terms that apply to an Order are those in effect and made available to the Customer at the time the Order is placed – accepted in accordance with clause 3.6 for Orders placed through the Portal, or otherwise accepted in accordance with clause 3.8. Continued use of the Portal, or continuing to place Orders with BSA, after any amendment constitutes acceptance of the amended Terms for future Orders.
1.5 These Terms should be read together with our Privacy Policy, Delivery Policy and Returns Policy published on the Portal, which are incorporated into, and form part of, the agreement between BSA and the Customer for each Order (regardless of the channel through which the Order was placed). If there is any inconsistency between those policies and these Terms in relation to an Order, these Terms prevail to the extent of the inconsistency, unless expressly stated otherwise in the relevant policy.
1.6 If a Quotation, Order Confirmation or Invoice issued by BSA for a specific Order states a Price, product specification, delivery timeframe or payment term that differs from these Terms, that specific term prevails over these Terms to the extent of the inconsistency, but only where it has been expressly confirmed in writing by an authorised representative of BSA; these Terms otherwise continue to apply in full to that Order.
2. DEFINITIONS
In these Terms, unless the context otherwise requires:
• Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for business in Victoria, Australia.
• Confirmation or Order Confirmation means the email or on-screen notification issued by BSA confirming acceptance of an Order in accordance with clause 3.
• Consumer has the meaning given in the Australian Consumer Law.
• Delivery Point means the address nominated by the Customer for delivery of the Goods.
• Deposit means the amount payable by the Customer at the time an Order for Special Order Goods is placed, in accordance with clause 6.2.
• GST has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
• Insolvency Event means, in relation to a party, the occurrence of any of the following: the party is unable to pay its debts as and when they fall due; the appointment of a receiver, receiver and manager, administrator, liquidator, provisional liquidator or other external controller over the party or any of its assets; the party enters into or resolves to enter into any arrangement, composition or compromise with, or assignment for the benefit of, its creditors; the party (being an individual) commits an act of bankruptcy; or any analogous event under the law of any relevant jurisdiction.
• Invoice means a tax invoice or other invoice issued by BSA to the Customer in respect of an Order.
• Order means a request to purchase Goods submitted by the Customer, whether through the Portal, or otherwise by telephone, email, purchase order, or in person, including in response to a Quotation.
• Quotation means a quotation, estimate or price proposal issued by BSA to the Customer for proposed Goods, whether issued through the Portal or otherwise.
• PPSA means the Personal Property Securities Act 2009 (Cth), and terms such as financing statement, financing change statement, proceeds, security interest and verification statement have the meanings given in the PPSA.
• Price means the price of the Goods as set out in the Confirmation.
• Secured Property has the meaning given in clause 8.5.
• Special Order Goods has the meaning given in clause 4.1.
3. ORDERS AND ACCEPTANCE
3.1 Product descriptions, images and prices displayed on the Portal, and any general pricing or product information provided by BSA outside a specific Quotation, are an invitation to treat only, and do not constitute an offer by BSA to sell Goods.
3.2 An Order submitted by the Customer, whether through the Portal, by purchase order, telephone, email or in person, constitutes an offer to purchase the Goods on these Terms, and no Order is binding on BSA until BSA issues an Order Confirmation, or (if earlier) dispatches the Goods. Where BSA has issued a Quotation that is expressed to be open for acceptance, the Customer's acceptance of that Quotation in accordance with clause 3.8 constitutes a binding Order on these Terms, subject to BSA's rights under clause 3.3.
3.3 BSA may accept, reject, or accept part only of an Order, in its absolute discretion, including (without limitation) where: the Goods are unavailable or out of stock; a pricing, description or typographical error has occurred; the Customer's payment or Deposit is declined or cannot be verified; BSA suspects fraudulent, unauthorised or unlawful activity; or the Delivery Point is outside an area BSA is able to service. Where BSA rejects an Order or part of an Order after payment has been taken, BSA will refund the amount paid for the rejected Goods.
3.4 The Customer is responsible for ensuring that the Order, including product selection, quantities, specifications and the Delivery Point, is complete and accurate at the time of submission. BSA is not liable for any loss arising from incomplete or inaccurate information provided by the Customer.
3.5 Once an Order has been accepted and an Order Confirmation issued, it may only be amended or cancelled with BSA's written consent, and BSA may impose a cancellation or restocking fee, or decline to permit cancellation, including (without limitation) in respect of Special Order Goods under clause 4.
3.6 Orders placed through the Portal: the Customer must actively accept these Terms before an Order can be submitted through the Portal, including by checking a box or equivalent mechanism confirming that the Customer has read and agrees to the version of these Terms then published. BSA will record, and retain against the relevant Order, the version of these Terms accepted, the date and time of acceptance, and the user account through which acceptance was given.
3.7 A copy of, or link to, the version of these Terms accepted by the Customer for an Order placed through the Portal will be included in, or made available with, the Order Confirmation for that Order.
3.8 Orders placed by Quotation, purchase order, telephone, email or in person: every Quotation and Invoice issued by BSA will state, or include a link or reference to, these Terms. The Customer is taken to have accepted these Terms in respect of such an Order on the earliest of: the Customer signing, countersigning, or otherwise confirming acceptance of a Quotation (including by email); the Customer submitting a purchase order or other instruction to proceed that references a Quotation; BSA issuing an Order Confirmation or Invoice in response to the Customer's instruction to proceed; or the Customer accepting delivery of the Goods.
3.9 Where an Order is placed other than through the Portal, BSA will keep a record of the Quotation, purchase order, Order Confirmation and/or Invoice issued in connection with that Order, and of the version of these Terms current at the time, sufficient to evidence the Customer's acceptance of these Terms for that Order.
4. SPECIAL ORDER AND INDENT GOODS
4.1 Some Goods are sourced, imported, manufactured, configured or programmed specifically for the Customer, or ordered outside BSA's normal stock range (Special Order Goods or indent goods). Special Order Goods will be identified as such on the applicable quotation and Order Confirmation.
4.2 Once BSA has accepted an Order for Special Order Goods, or once BSA has placed a corresponding order or commitment with its supplier or manufacturer for those Goods (whichever occurs first), that Order becomes non-cancellable and the Special Order Goods become non-returnable, except where required by the Australian Consumer Law.
4.3 Notwithstanding cancellation, purported cancellation, or any refusal to accept delivery, the Customer remains liable for the full Price of the Special Order Goods and must reimburse BSA, on demand, for any costs BSA incurs as a result, including (without limitation) supplier or manufacturer charges and cancellation fees, freight, customs and duty costs already incurred or committed, storage costs, and disposal costs, unless BSA agrees otherwise in writing.
4.4 The non-cancellable and non-returnable nature of Special Order Goods, and the Customer's liability under this clause 4, will be stated on the relevant quotation and on the Order Confirmation for those Goods.
4.5 Clause 9 (Change-of-Mind Returns and Refunds) does not apply to Special Order Goods.
5. PRICE AND GST
5.1 Prices displayed on the Portal are in Australian dollars and, unless stated otherwise, are exclusive of GST and exclusive of delivery, insurance and any other charges, which will be identified separately at checkout or on the applicable quotation.
5.2 BSA takes reasonable care to ensure prices on the Portal are accurate, but errors may occur. If a pricing error is identified before an Order is dispatched, BSA will notify the Customer and give the Customer the option to purchase the Goods at the correct price or cancel the Order for a full refund (subject to clause 4 for Special Order Goods where a supplier commitment has already been made).
5.3 If GST is payable on a supply made under these Terms, the party liable to pay for the supply must pay, in addition to the Price, an additional amount equal to the GST payable, subject to the recipient being provided with a valid tax invoice.
5.4 BSA reserves the right to change prices on the Portal at any time; however, the Price applicable to an Order is the price confirmed in the Order Confirmation, and will not be affected by any subsequent price change.
6. PAYMENT, DEPOSITS AND CREDIT ACCOUNTS
6.1 Unless BSA has approved a trading account or other credit terms for the Customer in writing, payment in full (including any delivery charges) is required at the time the Order is placed via the payment methods made available on the Portal.
6.2 Special Order Goods – deposit: unless BSA agrees otherwise in writing, an Order for Special Order Goods requires payment of a Deposit of 70% of the Price at the time the Order is placed, with the remaining 30% of the Price, together with any delivery and other charges, payable in full prior to delivery or collection. BSA is not obliged to deliver, release, or arrange collection of Special Order Goods until the balance has been paid in cleared funds. The Deposit becomes non-refundable once BSA has placed a corresponding order or made a commitment to its supplier or manufacturer, except where required by law or otherwise agreed by BSA in writing.
6.3 Standard credit account payment terms do not apply to Deposits or balances payable under clause 6.2 unless BSA has specifically approved credit terms for that Order in writing. Where BSA has approved a trading account for a Customer, invoices (other than for Special Order Goods under clause 6.2) are payable within the credit period agreed with the Customer.
6.4 The Customer warrants that any payment card or payment method used to place an Order is one which the Customer is authorised to use, and that there are sufficient funds or credit available to cover the cost of the Goods.
6.5 Default interest: if any amount payable by the Customer is not paid by its due date, BSA may charge interest on the overdue amount at the rate of [insert %]% per annum (or, if higher, the rate prescribed under the Penalty Interest Rates Act 1983 (Vic) or equivalent legislation), calculated daily on the outstanding balance from the due date until payment is received in full, both before and after any judgment.
6.6 Recovery costs: the Customer must reimburse BSA, on demand, for all reasonable costs and expenses BSA incurs in recovering any overdue amount, including debt collection agency fees, dishonour fees, and legal costs on a solicitor/own-client (full indemnity) basis.
6.7 Right to withdraw credit and suspend supply: BSA may, without liability to the Customer, withdraw or reduce any credit facility, place the Customer on a cash-with-order or prepayment basis, and/or suspend or refuse to process or deliver any Order (including an accepted Order), if: the Customer fails to pay any amount when due; the Customer exceeds any approved credit limit; BSA reasonably believes the Customer's creditworthiness has declined; the Customer breaches these Terms; or an Insolvency Event occurs in relation to the Customer.
6.8 Insolvency – acceleration: if an Insolvency Event occurs in relation to the Customer, or the Customer ceases or threatens to cease to carry on business, all amounts then owing by the Customer to BSA under any Order (whether or not otherwise due for payment) become immediately due and payable, and BSA may, without liability, suspend or cancel further deliveries and exercise any right available to it under clause 8 (Risk, Title and PPSR) or at law.
6.9 BSA may use third party payment gateway providers to process payments. BSA does not store full payment card details and is not responsible for the acts or omissions of any payment gateway provider. If the Customer disputes a card payment (chargeback) without first raising the matter with BSA, and the dispute is subsequently resolved in BSA's favour, the Customer must reimburse BSA for any chargeback fees and administrative costs incurred.
7. DELIVERY AND FREIGHT
7.1 BSA will arrange for delivery of the Goods to the Delivery Point using a carrier of its choice, or make the Goods available for collection, as selected by the Customer at checkout.
7.2 Any delivery date, timeframe or estimate provided on the Portal, in an Order Confirmation, or otherwise is an estimate only and is not guaranteed. BSA is not liable for any loss or damage arising from late delivery, except as required by the Australian Consumer Law where the Customer is a Consumer.
7.3 Authority to leave: where the Customer selects, or BSA otherwise agrees to, an “authority to leave” delivery instruction, the Goods will be left unattended at the Delivery Point. Risk in the Goods passes to the Customer on delivery to the Delivery Point in accordance with clause 8.1, regardless of whether the Customer or any other person is present to receive them, and BSA is not liable for any loss, theft or damage occurring after delivery on that basis.
7.4 Refusal or inability to accept delivery: if the Customer refuses delivery, or delivery cannot be completed because no one is available to accept the Goods, access to the Delivery Point is denied, or the delivery details provided by the Customer are incorrect or incomplete, BSA may charge a re-delivery fee and reasonable daily storage costs until the Goods are redelivered or collected. Where the undelivered Goods are Special Order Goods, BSA may also deal with them in accordance with clause 4.
7.5 Additional freight charges: freight quoted at the time of Order is based on standard delivery to a readily accessible Delivery Point using standard equipment. BSA may charge additional freight costs, which will be advised to the Customer as soon as reasonably practicable, for matters including (without limitation): dangerous goods handling, packaging and documentation (including for lithium and other regulated batteries); delivery to regional, rural or remote areas; deliveries requiring a tailgate lift, crane, forklift or other special equipment or access; and overweight, oversized or non-standard palletised freight.
7.6 BSA may deliver Goods in instalments, and each instalment is to be treated as a separate contract; a delay or defect in one instalment does not entitle the Customer to cancel any other instalment.
8. RISK, TITLE AND PPSR
8.1 Risk in the Goods, including risk of loss or damage, passes to the Customer on delivery to the Delivery Point (including under clause 7.3), or on collection by the Customer or the Customer's nominated carrier, whichever occurs first.
8.2 Notwithstanding delivery and passing of risk, title (ownership) in the Goods does not pass to the Customer until BSA has received payment in full (in cleared funds) for those Goods and all other amounts then owing by the Customer to BSA.
8.3 Until title passes, the Customer must store the Goods so they are identifiable as BSA's property, must not encumber, grant any security interest over, or dispose of the Goods other than in the ordinary course of the Customer's business, and must, on request, allow BSA and its representatives access to any premises to inspect or recover Goods in which title has not passed.
8.4 If the Customer resells the Goods before title has passed, the Customer does so as principal and not as BSA's agent, holds the proceeds of sale on trust for BSA to the extent of the amount owing to BSA, and must account to BSA for those proceeds on request.
8.5 Security interest: the parties acknowledge and agree that these Terms and each Order create a security interest, for the purposes of the PPSA, in favour of BSA over all Goods supplied by BSA to the Customer (whether under an Order or otherwise) and their proceeds – including proceeds of resale, insurance proceeds, and any product or mass into which the Goods are attached, incorporated, processed or commingled – to secure payment of all amounts owing by the Customer to BSA and performance of the Customer's other obligations under these Terms (Secured Property).
8.6 The Customer must promptly do anything BSA reasonably requires (including providing information and executing documents) to enable BSA to register, perfect and maintain a security interest in the Secured Property on the Personal Property Securities Register (PPSR), and must not register, or permit to be registered, a financing statement or financing change statement in respect of the Secured Property in favour of a third party without BSA's prior written consent.
8.7 To the extent permitted by law, the Customer waives its right to receive a copy of any verification statement or other notice confirming registration of a financing statement or financing change statement relating to the security interest created under these Terms.
8.8 To the extent permitted by the PPSA, the Customer and BSA agree that neither party need comply with sections 96, 121(4), 125, 129, 130, 132(3)(d), 132(4), 135, 142 and 143 of the PPSA, and, where BSA has a right to give a notice under the PPSA, that right need not be exercised.
8.9 If the Customer defaults in the payment of any amount owing to BSA, or an Insolvency Event occurs, BSA may, in addition to any other right under these Terms or at law, exercise any right available to a secured party under the PPSA, including entering (or authorising an agent to enter) any premises where BSA reasonably believes the Goods are located, without liability for trespass, to inspect, repossess and/or sell the Goods, and apply the proceeds towards the amounts owing by the Customer.
9. CHANGE-OF-MIND RETURNS AND REFUNDS
9.1 Subject to clause 9.2 and the Customer's rights under the Australian Consumer Law, BSA is not obliged to accept a return, exchange or refund where the Customer has simply changed their mind.
9.2 Where BSA agrees, in its discretion, to accept a change-of-mind return, the following conditions apply unless otherwise stated on the Portal: the request is made within 14 days of delivery; the Goods are unused, in original condition and original packaging with all accessories, manuals and tags; the Customer provides proof of purchase; and the Goods are not excluded under clause 9.3. A restocking fee of up to 20% of the Price may apply, and outbound and return freight costs are borne by the Customer.
9.3 The following Goods cannot be returned for change of mind, except where required by law: Special Order Goods (see clause 4); consumable items (including batteries) once removed from sealed packaging; software, licences and subscriptions once activated; and Goods identified on the Portal as non-returnable.
9.4 Approved refunds will be made using the same payment method used for the original purchase, unless otherwise agreed, and will be processed within a reasonable time after BSA has received and inspected the returned Goods.
10. PRODUCT SELECTION, SUITABILITY AND INSTALLATION
10.1 The Customer is solely responsible for determining that the Goods selected are suitable, compatible, and of adequate capacity and specification for the Customer's intended application, equipment, environment and installation, including in relation to batteries, uninterruptible power supply (UPS) systems, chargers and other power-related equipment, and Special Order or custom-configured Goods.
10.2 BSA is not liable for any loss, cost or damage arising from the unsuitability, incompatibility, or inadequate capacity of Goods for the Customer's application, unless BSA has expressly confirmed the suitability of the specific Goods for that specific, disclosed application in writing, and the information the Customer provided to BSA for that purpose was accurate and complete.
10.3 Any technical information, application guidance, sizing or capacity calculations, drawings, or advice provided by BSA (whether by staff, on the Portal, or in product documentation) is provided as general guidance only and does not constitute a warranty or confirmation of suitability for a particular application, unless expressly confirmed as such in writing under clause 10.2.
10.4 Installation of the Goods (including electrical, mechanical or structural installation) is the Customer's responsibility and must be carried out by a suitably qualified and licensed person, in accordance with the manufacturer's instructions and all applicable laws and standards, unless BSA has expressly agreed in writing to carry out or supervise installation.
11. BATTERY HANDLING, STORAGE AND DISPOSAL
11.1 Where the Goods include batteries or battery-powered equipment, the Customer is responsible for the safe transport, storage, charging, installation, use, maintenance and disposal of those batteries in accordance with the manufacturer's instructions, the applicable safety data sheet, and all applicable laws, standards and regulations, including those relating to dangerous goods transport and battery recycling or disposal.
11.2 Without limiting clause 11.1, the Customer must ensure batteries are: stored in a cool, dry, ventilated area away from ignition sources and incompatible materials; charged only using a charger, charge rate and settings approved by the manufacturer; and not modified, disassembled, punctured, crushed, short-circuited, or exposed to conditions outside the manufacturer's specified operating range.
11.3 The Customer is responsible for the lawful disposal or recycling of batteries at end of life, including compliance with any applicable battery stewardship or take-back scheme, and must not dispose of batteries as general waste where this is prohibited by law.
11.4 To the extent permitted by law, BSA's warranty does not cover, and BSA is not liable for, any loss, damage or personal injury arising from: misuse, incorrect charging, overcharging or deep discharge; unauthorised modification, disassembly or repair; improper installation, ventilation, mounting or storage; use outside the manufacturer's specified application or operating environment; or damage occurring during transport, handling or disposal by the Customer, its personnel, or its agents or carriers (other than a carrier engaged directly by BSA prior to delivery).
12. WARRANTIES AND CONSUMER GUARANTEES
12.1 Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy conferred on the Customer under the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted or modified.
12.2 Where the Customer is a Consumer, the Goods come with guarantees that cannot be excluded under the Australian Consumer Law, including that the Goods are of acceptable quality and fit for any disclosed purpose. The Customer is entitled to a replacement or refund for a major failure, and compensation for any other reasonably foreseeable loss or damage. The Customer is also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure.
12.3 Where Goods are supplied with a manufacturer's warranty, that warranty is provided by the manufacturer, and any claim under it is subject to the manufacturer's terms; BSA will provide reasonable assistance in facilitating such claims but does not guarantee the manufacturer's performance.
12.4 To the extent permitted by law, and subject to clauses 12.1 and 12.2, where the Customer is not a Consumer, or the Goods are not of a kind ordinarily acquired for personal, domestic or household use, BSA's liability for a failure to comply with a statutory guarantee is limited, at BSA's option, to: replacement of the Goods or supply of equivalent goods; repair of the Goods; payment of the cost of replacing or repairing the Goods; or, for services, supplying the services again or paying the cost of having them supplied again.
12.5 Warranty claims must be submitted through the Portal or by contacting BSA, and the Customer may be required to return the Goods to BSA for assessment at the Customer's cost (which will be reimbursed if the claim is valid). This clause does not affect a Customer's rights under clause 11.4 or clause 4.
13. LIMITATION OF LIABILITY
13.1 Nothing in these Terms is intended to exclude, restrict or modify, and nothing in these Terms should be interpreted as excluding, restricting or modifying, any right or remedy conferred on the Customer by the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified, or to constitute an unfair contract term within the meaning of the Australian Consumer Law. If any provision of these Terms is void, unenforceable, or found to be an unfair contract term, that provision (or the offending part of it) is to be read down, or severed, to the minimum extent necessary so the remainder of these Terms continues in full force and effect.
13.2 Subject to clause 13.1 and clause 12 (Warranties and Consumer Guarantees), to the maximum extent permitted by law, BSA excludes all conditions, warranties and terms implied by statute, custom or common law, other than those that cannot be excluded.
13.3 Subject to clause 13.1 and clause 12, to the maximum extent permitted by law, BSA's total aggregate liability arising out of or in connection with an Order or these Terms, whether in contract, tort (including negligence), under statute or otherwise, is limited to the amount paid by the Customer for the Goods giving rise to the liability.
13.4 Subject to clause 13.1, to the maximum extent permitted by law, neither party is liable to the other for any indirect or consequential loss, or for loss of profits, revenue, business opportunity, or data, arising out of or in connection with an Order or these Terms, even if that party has been advised of the possibility of such loss.
13.5 Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, for fraud or wilful misconduct, or for any liability that cannot lawfully be limited or excluded.
14. FORCE MAJEURE
14.1 BSA is not liable for any delay or failure to perform its obligations under an Order to the extent the delay or failure results from circumstances beyond its reasonable control, including natural disaster, fire, flood, act of God, war, industrial action, shortage of materials or transport, carrier delay, supplier failure, pandemic, or governmental action.
14.2 If a force majeure event continues for more than 30 days, either party may cancel the affected Order by written notice, and BSA will refund any amount paid for Goods not yet delivered, subject to clause 4 (Special Order and Indent Goods) in respect of costs already committed or incurred.
15. PRIVACY
15.1 BSA collects, holds, uses and discloses personal information provided through the Portal in accordance with its Privacy Policy, available on the Portal, and the Privacy Act 1988 (Cth).
15.2 By using the Portal, the Customer consents to BSA collecting and using their information to process Orders, communicate about Orders, and for the other purposes described in the Privacy Policy.
16. USE OF THE PORTAL AND INTELLECTUAL PROPERTY
16.1 The Customer must use the Portal only for lawful purposes and must not attempt to interfere with its operation, security or availability, or use it to submit fraudulent or unauthorised Orders.
16.2 All content on the Portal, including text, images, logos, product data and software, is owned by or licensed to BSA and is protected by intellectual property laws. The Customer may not reproduce, copy or distribute any part of the Portal without BSA's prior written consent.
16.3 BSA takes reasonable steps to ensure the accuracy of information on the Portal but does not warrant that all descriptions, images, pricing or availability information is complete, current or error-free.
16.4 BSA may suspend access to the Portal at any time, including for maintenance, and does not guarantee uninterrupted or error-free access.
17. COMPLIANCE, EXPORT AND END-USE
17.1 Certain Goods supplied by BSA may be subject to export control, defence trade control, or other regulatory restrictions under Australian or foreign law. The Customer must comply with all applicable laws relating to the purchase, import, export, on-supply and end-use of the Goods.
17.2 The Customer must not resell, export, transfer or otherwise deal with the Goods in a manner that would breach any applicable law, sanction or licence condition, and must provide BSA with any information reasonably required for BSA to comply with its own regulatory obligations in connection with the Order.
18. SUSPENSION AND TERMINATION
18.1 BSA may suspend or terminate the Customer's access to the Portal or any trading account, and may refuse to process an Order, if the Customer breaches these Terms, fails to make payment when due, or if BSA reasonably suspects fraudulent or unlawful activity, in addition to BSA's rights under clause 6.7 and 6.8.
18.2 Termination or suspension does not affect any accrued rights or obligations of either party, including payment obligations for Goods already delivered or Special Order Goods committed under clause 4.
19. GENERAL
19.1 Notices: any notice given under these Terms must be in writing and may be delivered by email to the address provided by the Customer when creating an account, or to BSA at the contact details published on the Portal.
19.2 Assignment: the Customer must not assign or transfer any right or obligation under these Terms without BSA's prior written consent. BSA may assign or transfer its rights and obligations under these Terms, including in connection with a sale or restructure of its business, or a transfer of a security interest under clause 8.
19.3 Severability: if any provision of these Terms is held to be void, illegal or unenforceable, that provision will be severed, and the remaining provisions will continue in full force and effect.
19.4 Waiver: a failure or delay by BSA to exercise any right under these Terms does not operate as a waiver of that right.
19.5 Entire agreement: these Terms, together with any Order Confirmation and the policies referred to in clause 1.5, constitute the entire agreement between the parties in relation to an Order, and supersede all prior representations, understandings or agreements, whether written or oral.
19.6 Governing law: these Terms are governed by the laws of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia.
19.7 Contact: questions about these Terms or an Order can be directed to BSA using the contact details published on the Portal.
BSA Group Aust | ABN 64 168 886 397