Terms and Conditions
ProcureLink — Terms and Conditions
Draft for legal review — 11 August 2026 · procurelink.com.au
This document is a working draft prepared to give ProcureLink a starting set of Terms and Conditions appropriate to its business model — a business-to-business sourcing and procurement concierge service for the construction and trade sector operating across Australia. It is not legal advice. It should be reviewed and finalised by a qualified Australian commercial lawyer before publication, with particular attention to the Australian Consumer Law (ACL), the Personal Property Securities Act 2009 (Cth) (PPSA), and any state-based security of payment legislation relevant to construction supply.
1. Acceptance of These Terms
1.1 These Terms and Conditions ("Terms") govern access to and use of the website procurelink.com.au ("Site") and all sourcing, procurement, and related services provided by ProcureLink Pty Ltd (ACN [insert]) ("ProcureLink", "we", "us", "our").
1.2 By registering for a Trade Account, submitting a Request for Quote ("RFQ"), or otherwise using the Site or our services, you ("Customer", "you") agree to be bound by these Terms. If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity.
1.3 Our services are provided on a business-to-business basis to trade, commercial, and construction industry customers. They are not intended for personal, domestic, or household use.
1.4 If you do not agree to these Terms, you must not use the Site or our services.
2. Definitions
- Goods means any materials, products, fixtures, fittings, or other items sourced, quoted, or supplied through ProcureLink.
- Order means a Customer's acceptance of a Quote, forming a binding agreement for the supply of Goods.
- Project Hub means one of ProcureLink's regional coordination offices (currently Brisbane, Sydney, Melbourne, Gold Coast, Perth, and Adelaide).
- Quote means pricing and availability information provided by ProcureLink in response to an RFQ.
- RFQ means a Request for Quote submitted by a Customer via the Site, including any specifications, schedules, drawings, or site imagery provided.
- Supplier means a third-party manufacturer, wholesaler, or distributor from whom ProcureLink sources Goods on a Customer's behalf.
- Trade Account means an approved commercial account held by a Customer with ProcureLink.
3. Nature of Our Services
3.1 ProcureLink operates as a sourcing and procurement concierge. We aggregate off-catalogue and specialty line items on a Customer's behalf, drawing on our national Supplier network to obtain pricing, confirm availability, and coordinate consolidated delivery.
3.2 Unless expressly stated otherwise in a Quote, ProcureLink acts as principal in selling Goods to the Customer, having itself procured those Goods from Suppliers. Where ProcureLink instead acts as agent arranging a direct supply relationship between Customer and Supplier, this will be identified in the relevant Quote.
3.3 ProcureLink does not manufacture the Goods it sources. Except as set out in clause 12 (Warranties), ProcureLink's role is to audit, aggregate, verify, and coordinate delivery of Goods sourced from third-party Suppliers.
3.4 Indicative process milestones (such as the 25%, 50%, and 75% sourcing briefings referenced on the Site) are provided for project visibility and do not constitute a guarantee of final pricing, availability, or delivery dates until an Order is confirmed.
4. Eligibility and Trade Accounts
4.1 Use of ProcureLink's services requires an active Australian Business Number (ABN) and, for ongoing use, an approved Trade Account.
4.2 Trade Account applications may require credit checks, trade references, and financial information. ProcureLink may approve, decline, condition, suspend, or terminate a Trade Account at its discretion, acting reasonably.
4.3 You must keep your account information current and promptly notify ProcureLink of any change in your entity's structure, ownership, ABN status, or authorised representatives.
4.4 You are responsible for all activity conducted under your Trade Account, including RFQs and Orders submitted by your authorised personnel.
5. The RFQ and Quoting Process
5.1 Customers submit project specifications, schedules, or site imagery via the Site's RFQ portal. ProcureLink will assign a dedicated Partner to conduct a market audit and prepare a Quote.
5.2 Quotes are estimates based on prevailing market pricing and Supplier availability at the time they are prepared. Quotes are not binding offers capable of acceptance and remain subject to final confirmation of pricing and availability unless expressly stated to be valid for a fixed period.
5.3 A binding Order is formed only when ProcureLink issues a written Order confirmation following the Customer's acceptance of a final Quote. Progressive briefings issued during the sourcing process (including any 25%, 50%, or 75% milestone updates) are informational only and do not themselves create a binding Order.
5.4 ProcureLink is not obliged to fulfil an RFQ where suitable Goods cannot be sourced on commercially reasonable terms, and will notify the Customer if this occurs.
6. Pricing and GST
6.1 All prices are quoted in Australian dollars (AUD) and, unless stated otherwise, exclude GST. GST will be added to invoices at the applicable rate.
6.2 Because Goods are sourced on a project basis from third-party Suppliers, quoted pricing may be subject to variation where Supplier costs, freight, currency movements, or market conditions change materially between the date of a Quote and the date of Order confirmation. Any such variation will be communicated to the Customer before the Order is confirmed.
6.3 Once an Order is confirmed in writing, pricing for that Order is fixed, save for variations agreed in writing under clause 8.
7. Payment Terms
7.1 Payment terms will be set out in the Customer's Trade Account approval (for example, a stated number of days net from invoice date) or, where no Trade Account terms apply, payment is due prior to dispatch.
7.2 Invoices not paid by the due date may attract interest at the rate prescribed under the Penalty Interest Rates Act 1983 (Vic), or another reasonable commercial rate specified by ProcureLink, calculated daily until paid.
7.3 ProcureLink may suspend further RFQs, Quotes, or deliveries to a Customer with overdue amounts, and may recover its reasonable costs (including legal costs) of recovering unpaid amounts.
7.4 Title to Goods does not pass until payment in full has been received (see clause 10). Customers grant ProcureLink a security interest in the Goods, and in the proceeds of any resale, for the purposes of the Personal Property Securities Act 2009 (Cth), and agree to ProcureLink registering that interest on the Personal Property Securities Register (PPSR).
8. Order Acceptance, Variations and Cancellations
8.1 Confirmed Orders are binding on both parties. Because Goods are sourced specifically for a Customer's project, Orders generally cannot be cancelled once ProcureLink has committed to a Supplier, except with ProcureLink's written agreement and payment of any cancellation costs incurred.
8.2 Requested variations to a confirmed Order (quantities, specifications, or delivery timing) must be submitted in writing and may result in revised pricing or lead times.
8.3 ProcureLink will notify the Customer as soon as reasonably practicable of any change to Supplier availability or lead time materially affecting a confirmed Order, and will work with the Customer on alternatives where possible.
9. Delivery and Site Logistics
9.1 ProcureLink coordinates consolidated national delivery of Goods sourced across multiple Suppliers into a single shipment and a single logistics fee, as described on the Site.
9.2 Delivery timeframes are estimates only. ProcureLink is not liable for delays caused by Suppliers, carriers, weather, site access restrictions, or other circumstances outside its reasonable control, subject to clause 14 (Force Majeure).
9.3 The Customer is responsible for ensuring safe and adequate site access, unloading facilities, and receival personnel at the agreed delivery location and time. Additional costs arising from failed delivery attempts, waiting time, or inadequate site access may be charged to the Customer.
9.4 Where a Customer requests staged or split deliveries, additional logistics fees may apply.
10. Risk and Title
10.1 Risk in the Goods passes to the Customer on delivery to the agreed site or delivery point.
10.2 Title to the Goods remains with ProcureLink until the Customer has paid all amounts owing to ProcureLink in respect of those Goods in full.
11. Inspection, Shortages and Damaged Goods
11.1 The Customer must inspect Goods on delivery and notify ProcureLink in writing of any shortage, damage, or non-conformance within five (5) business days of delivery, providing supporting evidence (such as photographs and delivery documentation).
11.2 Claims notified outside this period may not be accepted, except where the defect could not reasonably have been discovered on initial inspection, or where the Australian Consumer Law otherwise entitles the Customer to a remedy.
11.3 Where a valid claim is made, ProcureLink will coordinate with the relevant Supplier to arrange replacement, credit, or repair as the primary remedy, consistent with clause 12.
12. Warranties
12.1 Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy conferred on the Customer by the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other law that cannot lawfully be excluded.
12.2 To the extent Goods are not covered by a non-excludable guarantee, ProcureLink passes through to the Customer the benefit of any manufacturer's or Supplier's warranty applicable to the Goods, and will provide reasonable assistance in making claims under such warranties.
12.3 Subject to clause 12.1, ProcureLink's liability for a failure to comply with a statutory guarantee is limited, at ProcureLink's election, to the replacement of the Goods, the supply of equivalent goods, the repair of the Goods, or the payment of the cost of doing so.
12.4 ProcureLink does not warrant that Goods are fit for a particular purpose beyond their ordinary use unless that purpose was expressly communicated in writing and confirmed in the relevant Quote.
13. Limitation of Liability and Indemnity
13.1 To the maximum extent permitted by law, and subject to clause 12.1, ProcureLink's total liability arising out of or in connection with these Terms, an Order, or the services (whether in contract, tort, negligence, or otherwise) is limited to the amount paid by the Customer for the Goods or services giving rise to the claim.
13.2 To the maximum extent permitted by law, ProcureLink is not liable for indirect, consequential, or special loss, including loss of profits, loss of contracts, or project delay costs, arising from or in connection with these Terms.
13.3 The Customer indemnifies ProcureLink against any loss, liability, or cost arising from the Customer's breach of these Terms, misuse of the Site, or provision of inaccurate project specifications or site information.
13.4 Nothing in this clause limits ProcureLink's liability in a manner not permitted by law, including under the Australian Consumer Law.
14. Force Majeure
14.1 Neither party is liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including natural disasters, industrial action, supply chain disruption, carrier failure, or government restrictions.
14.2 A party affected by such circumstances must notify the other as soon as reasonably practicable and use reasonable endeavours to mitigate the impact.
15. Confidentiality and Intellectual Property
15.1 Project specifications, schedules, drawings, and site imagery submitted by a Customer remain the Customer's property and will be used by ProcureLink solely for the purpose of preparing Quotes and fulfilling Orders.
15.2 Each party must keep confidential any non-public commercial or technical information disclosed by the other party, except as required to perform its obligations under these Terms or as required by law.
15.3 All content on the Site, including text, graphics, logos, and the ProcureLink name and branding, is owned by or licensed to ProcureLink and must not be reproduced without prior written consent.
16. Privacy
16.1 ProcureLink collects and handles personal information in accordance with its Privacy Policy, available at procurelink.com.au/privacy-notice, which forms part of these Terms.
17. Website Use
17.1 You must not use the Site for any unlawful purpose, to submit false or misleading information, or in a manner that could damage, disable, or impair the Site.
17.2 ProcureLink may suspend or restrict access to the Site or an account where it reasonably suspects misuse.
17.3 ProcureLink does not guarantee uninterrupted or error-free operation of the Site and is not liable for any loss arising from Site downtime, save as required by law.
18. Suspension and Termination
18.1 ProcureLink may suspend or terminate a Trade Account, or decline to accept an RFQ or Order, where a Customer breaches these Terms, has overdue payments, or provides false information.
18.2 Termination of a Trade Account does not affect obligations already accrued, including payment for confirmed Orders.
19. Dispute Resolution
19.1 If a dispute arises under these Terms, the parties must first attempt to resolve it through good-faith negotiation between authorised representatives before commencing formal proceedings, except where urgent injunctive relief is required.
19.2 Nothing in this clause limits either party's rights under applicable security of payment legislation.
20. General
20.1 Governing Law: These Terms are governed by the laws of Queensland, Australia, and each party submits to the non-exclusive jurisdiction of its courts.
20.2 Amendment: ProcureLink may update these Terms from time to time by posting the updated version on the Site. Changes apply prospectively and do not affect Orders already confirmed.
20.3 Entire Agreement: These Terms, together with any Order confirmation and the Privacy Policy, constitute the entire agreement between the parties in relation to their subject matter.
20.4 Severability: If any provision of these Terms is found unenforceable, the remaining provisions continue in full force.
20.5 Assignment: The Customer may not assign its rights under these Terms without ProcureLink's prior written consent. ProcureLink may assign these Terms in connection with a merger, acquisition, or sale of assets.
20.6 Notices: Notices under these Terms must be given in writing to the contact details held on the Customer's Trade Account, or to ProcureLink at its registered address or via 1300 PROCURE.
Contact: 1300 PROCURE | procurelink.com.au
