Terms of Sale
Brailsford Concrete Products Pty Ltd (trading as BRProducts)
ABN: 58 635 761 321
38 Gosport St, Hemmant QLD 4174
These Terms of Sale (“Terms”) apply to all quotations, orders and supplies of goods by Brailsford Concrete Products Pty Ltd (“BRProducts”, “we”, “us”, “our”) to any customer (“you”, “your”). By placing an order with us, you agree to these Terms.
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1. Definitions
Goods means concrete sleepers, galvanised steel posts, reinforcing mesh, and any other products supplied by BRProducts.
Order means any request by you to purchase Goods, whether placed in person, by phone, email or through our website.
Consumer has the meaning given in the Australian Consumer Law (ACL).
2. Quotations & Pricing
2.1 All quotations are valid for 30 days from the date of issue unless stated otherwise.
2.2 All prices are in Australian dollars and, unless stated otherwise, are exclusive of GST and delivery charges, which will be itemised separately.
2.3 We may adjust quoted prices prior to order acceptance to reflect changes in supplier costs, freight, foreign exchange rates, import duties or government charges. We will notify you of any change before accepting your order.
2.4 Pricing displayed on our website is indicative only and may change without notice. The price payable is the price confirmed at the time we accept your Order.
3. Orders
3.1 An Order is accepted only when we confirm it in writing (including by email or tax invoice) or commence supply.
3.2 We may decline any Order at our discretion, including where stock is unavailable.
3.3 Custom and altered items: any galvanised steel posts or mesh products that we are required to alter in any way, shape or form (including cutting, welding, or non-standard fabrication), and any other custom or special-order items, require a 50% deposit at the time of order. This deposit is non-refundable once manufacture or alteration of the product has commenced, and the order cannot be cancelled from that point.
3.4 You are responsible for ensuring the quantities, sizes, colours and specifications in your Order are correct. We recommend you verify all measurements before ordering.
4. Payment
4.1 Unless you hold an approved credit account with us, 100% payment is required before delivery or collection of Goods.
4.2 Approved credit account customers must pay within the terms stated on their account (e.g. 30 days from invoice date). We may withdraw credit facilities at any time.
4.3 Accepted payment methods are listed on our invoices and website. Card payments may attract a surcharge, which will be disclosed at the time of payment.
4.4 If any amount is overdue, we may (a) suspend further supply, (b) charge interest on overdue amounts at the rate set out in your credit application, and (c) recover reasonable costs of collection, including legal and mercantile agent costs.
5. Delivery
5.1 Delivery dates and times are estimates only. To the extent permitted by law, we accept no responsibility or liability for any delay in supply or delivery, however caused, including delays caused by us, our carriers, our suppliers, or the availability of our products, and no delay entitles you to cancel an Order, withhold payment, or claim compensation.
5.2 Our Goods are heavy building materials delivered by truck, often with crane or forklift offload. You are responsible for ensuring safe and adequate site access, including:
sufficient width, height and turning clearance for a heavy rigid or semi-trailer vehicle;
firm, level ground suitable for the delivery vehicle and offloading equipment;
no overhead obstructions (powerlines, trees, awnings) in the offload area; and
a person authorised to accept delivery on site, unless you have given us written authority to leave Goods unattended (“ATL”).
5.3 If our driver determines, acting reasonably, that delivery cannot be made safely, the Goods will be returned to our yard and a redelivery fee will apply.
5.4 Delivery is to kerbside or the nearest safe accessible point unless otherwise agreed in writing. Our drivers are not required to carry Goods onto the site, over obstacles, or into positions the vehicle and offload equipment cannot safely reach.
5.5 Waiting time beyond [30] minutes on site may be charged at our prevailing hourly rate.
5.6 If you authorise delivery without a person present (ATL), risk in the Goods passes to you when they are offloaded, and we are not responsible for any subsequent loss, theft or damage.
5.7 Where you arrange collection from our yard, you are responsible for safe and legal loading and restraint of the Goods on your vehicle. We may refuse to load any vehicle we consider unsafe or unsuitable.
6. Risk & Title (Retention of Title)
6.1 Risk in the Goods passes to you upon delivery to the delivery address or upon collection from our yard.
6.2 Title (ownership) of the Goods remains with BRProducts until you have paid all amounts owing to us in full, including under any other order or account.
6.3 Until title passes, you must store the Goods so they are identifiable as ours, and you hold them as bailee for us. If you fail to pay when due, we may enter any premises where the Goods are stored to recover them, to the extent permitted by law.
6.4 You acknowledge that these Terms create a security interest under the Personal Property Securities Act 2009 (Cth) (PPSA), and we may register that interest on the Personal Property Securities Register. You agree to do anything reasonably required to enable that registration and waive your right to receive any notice under the PPSA unless the notice cannot be excluded.
7. Inspection, Shortages & Damage Claims
7.1 You must inspect the Goods on delivery or collection.
7.2 Claims for shortages, incorrect items, or transit damage must be notified to us in writing (with photos where applicable) within 48 hours of delivery or collection. Subject to your rights under the ACL, we will not accept claims notified after this period.
7.3 Do not install Goods you believe are defective or incorrect. Subject to your rights under the ACL, installation of the Goods constitutes acceptance of their condition, and we will not be liable for removal or reinstallation costs.
8. Product Characteristics — Concrete & Steel
8.1 Concrete is a natural composite product. The following are inherent characteristics and not defects:
minor variations in colour, tone and surface finish between sleepers, batches and production runs;
efflorescence (a white powdery deposit caused by natural salts), which typically weathers off over time;
minor surface imperfections, blowholes, hairline crazing or chips that do not affect structural performance; and
colour differences between displayed samples, website images and delivered product.
8.2 We recommend ordering the full quantity required for a project in one order, as batch-to-batch colour matching cannot be guaranteed.
8.3 Galvanised steel products may show minor surface marks, zinc spangle variation, wet storage staining or drainage spangles, which are normal characteristics of the galvanising process and not defects.
8.4 All reinforcing mesh and bar supplied complies with AS/NZS 4671 unless otherwise stated.
9. Returns
9.1 Concrete sleepers are not accepted for return unless otherwise stated in writing by us at the time of sale.
9.2 Steel products (including galvanised steel posts and reinforcing mesh) may be returned within 60 days of delivery or collection, provided the Goods are unused, undamaged, in saleable condition, and accompanied by proof of purchase. Accepted steel returns incur a restocking fee of 5% of the purchase price. Delivery fees are non-refundable, and you are responsible for the cost of returning the Goods to our yard.
9.3 Custom, cut-to-order and special-order items cannot be returned for change of mind.
9.4 Nothing in this clause limits your rights under the Australian Consumer Law in relation to faulty Goods.
10. Warranties & Australian Consumer Law
10.1 Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.
10.2 Subject to clause 10.1, and to the extent permitted by law, all other warranties, conditions and guarantees (whether express or implied) are excluded.
10.3 Any manufacturer’s warranty applicable to the Goods is in addition to your ACL rights, and claims under a manufacturer’s warranty are subject to that manufacturer’s terms.
10.4 Warranties do not cover damage caused by: improper installation; failure to follow engineering or installation guidelines; misuse, overloading or use beyond design capacity; modification or cutting after delivery; exposure to aggressive soils or chemicals; or normal wear and weathering.
11. Limitation of Liability
11.1 To the extent permitted by law (and subject to your ACL rights), our total liability in connection with any supply of Goods is limited, at our option, to: (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.
11.2 To the extent permitted by law, we are not liable for indirect or consequential loss, including loss of profit, delay costs, installation or removal costs, or project costs.
11.3 We do not provide engineering, structural or installation advice. You are responsible for ensuring the Goods are fit for your specific application, and for obtaining appropriate engineering certification where required (including for retaining walls exceeding heights regulated under Queensland law).
12. Cancellation
12.1 You may cancel a standard stock Order prior to dispatch. A cancellation or restocking fee may apply where Goods have been picked, loaded or allocated.
12.2 Custom and altered items (clause 3.3) cannot be cancelled once manufacture or alteration has commenced, and the 50% deposit is non-refundable from that point.
13. Force Majeure
We are not liable for any failure or delay in performance caused by any event, whether within or beyond our reasonable control, including supplier or shipping delays, port congestion, industrial action, weather events, flooding, or government action. Affected delivery timeframes will be extended accordingly.
14. General
14.1 These Terms, together with our order confirmation or invoice, constitute the entire agreement between us in relation to the Goods and supersede any prior representations.
14.2 If any provision of these Terms is invalid or unenforceable, it is severed and the remaining provisions continue in force.
14.3 We may update these Terms from time to time. The Terms in force at the time your Order is accepted apply to that Order.
14.4 These Terms are governed by the laws of Queensland, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Queensland.
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Contact
Brailsford Concrete Products Pty Ltd
38 Gosport St, Hemmant QLD 4174
Phone: (07) 3335 5611 | Email: sales@brproducts.com.au
Last updated: 10/06/2026