For suppliers and yards listing on The Trade Yard

Supplier Terms

Draft — not yet in effect

This is a draft. It takes effect on the date shown here once published.

In plain terms

  • You list your own catalogue, at your own prices, and answer buyers' requests yourself. What you send a buyer is your quote; the sale, delivery and payment are between you and the buyer, on your terms.
  • We show your published prices to buyers. We never show one supplier's prices or quotes to another supplier, and we do not sell your pricing to anyone.
  • Buyers pay you directly. We take no commission. Your subscription is covered by the separate Subscription Agreement.
  • Keep your listings, delivery, pickup and account facts accurate. Where you have not stated something, the platform tells buyers it is not stated; it never guesses on your behalf.

The summary is a guide. The numbered clauses below are the terms.

1.Who we are and what these terms cover

  1. 1.1The Trade Yard is operated by The Trade Yard Pty Ltd (ACN 702 571 122, ABN 92 135 934 189) of 2A Shaw Street, Fawkner VIC 3060 ("we", "us", "our"). "You" means the business that lists on the platform as a supplier, and the people who use the platform on its behalf.
  2. 1.2These terms govern your listing and your dealings with buyers through the platform. Your subscription fees, billing and the term of your access are governed by the Subscription Agreement, which you accept separately. Our Privacy Policy forms part of these terms. If these terms and the Subscription Agreement conflict, the Subscription Agreement prevails on fees and term, and these terms prevail on everything else.

2.Eligibility and verification

  1. 2.1To list you must be a business registered in Australia with an ABN, registered for GST, and able to supply the materials you list to buyers in the areas you state. You confirm that the person accepting these terms has authority to bind the business.
  2. 2.2Before your listing goes live we verify the business details you give us, including your ABN. Verification is our check that you have given us those details and that they appear consistent; it is not a guarantee to buyers about your business, and you must tell us promptly if any detail changes. We may suspend a listing while we re-check details.
  3. 2.3Only verified suppliers appear in the catalogue and receive requests. We may decline or remove a listing where we reasonably consider the business is not what it states, sells materials the platform does not carry, or has breached these terms, and we will tell you why.

3.Your listing and your facts

  1. 3.1You are responsible for everything in your listing: product names, descriptions, specifications, prices, units, stock statements, photos, delivery areas and fees, pickup hours, payment terms and any trade account information. Everything you state is shown to buyers as your statement.
  2. 3.2Prices you list must be your genuine selling prices to trade buyers, exclusive of GST. The platform displays them exclusive of GST and says so. You may change a listed price at any time; a quote you have already sent does not change.
  3. 3.3Where you leave a fact blank, the platform shows buyers that it is not stated. It does not fill in a default on your behalf. A blank stock field, for example, is shown as stock not stated, not as in stock or out of stock.
  4. 3.4You must hold the rights to the descriptions and photos you upload and must not upload another supplier's material. You must not list products you cannot lawfully sell or that do not meet the standards that apply to them, including treatment, grading and labelling requirements for timber.

4.Requests and quotes

  1. 4.1A buyer's request contains the buyer's materials list as the buyer wrote it, the job name, the site postcode or address, any note, and the buyer's name and business name. It is sent only to the suppliers the buyer selected. You may decline to quote.
  2. 4.2To help you quote quickly, the platform matches lines on the buyer's list against your own catalogue and pre-fills a draft quote with your listed prices. The draft is prepared from your data only. You review it, change anything you wish, mark lines you cannot supply, and send it. What you send is your quote, made by you, and you are responsible for it.
  3. 4.3A quote is your offer to the buyer. It is a snapshot at the time you send it. State the period it is open for; if you do not, it is open for a reasonable time. You must honour a quote the buyer accepts within that period, on the terms you stated, unless the buyer has changed the request or a circumstance you stated in the quote applies.
  4. 4.4Buyers may see your quote alongside other suppliers' quotes for the same request. We do not show you other suppliers' quotes, prices or names, and we do not show them yours.

5.Orders, delivery and payment

  1. 5.1When a buyer accepts your quote or places an order from your listings, that is an offer to buy from you. The contract is formed when you confirm it. The sale, delivery, pickup, returns and any warranty are between you and the buyer, on your terms of sale and subject to the Australian Consumer Law, under which you are the supplier of the goods.
  2. 5.2Buyers pay you directly, by the means you accept. We do not process, hold or guarantee any payment from a buyer, and we do not charge a commission on sales.
  3. 5.3Where you state a delivery or pickup date on an order, that date is what the platform shows the buyer and what later feedback is measured against. State dates you can meet.

6.Trade accounts

  1. 6.1You may state on your listing whether you offer trade accounts and, in your own words, the terms you offer. That statement is shown to buyers as yours, marked as subject to your approval. A trade account is a credit arrangement between you and the buyer; you decide whether to offer one, on what terms, and you collect under it. We take no part in it.
  2. 6.2Where a buyer applies to you for a trade account through the platform, the application details, including the buyer's ABN if you ask for it, are sent to you. You must handle them in accordance with privacy law.

7.Feedback and your standing with buyers

  1. 7.1Where the platform asks buyers whether an order arrived as quoted, their answers are attached to the order and may be shown on your listings in aggregate, with the number of orders it rests on, once enough orders have been answered. You can see which order an answer relates to and any reason the buyer gave, reply to the buyer privately, and ask us to review an answer you believe is not about the order or was not given honestly. An answer under review is left out of your aggregate until we decide.
  2. 7.2A buyer can privately hide your listing from their own suggested lists. We do not tell you when this happens, and it does not affect your listing for anyone else.

8.What we do with your data

  1. 8.1Your published listing, including prices, is shown to buyers on the platform, and may be shown to the public where the listing is public. That is the point of listing.
  2. 8.2We use your catalogue to match buyers' lists to your products and to pre-fill your draft quotes. We use aggregate, anonymised information about listings and requests to operate and improve the platform. We do not sell your pricing or catalogue data, we do not show it to other suppliers, and we do not use one supplier's prices to set or suggest another's.
  3. 8.3Your quotes are shown to the buyer they were sent to and are kept as a record of the request. We do not share a quote with any other supplier.
  4. 8.4You keep ownership of your catalogue, descriptions and photos. You give us a licence to store, display, index and send them as needed to run the platform for as long as you are listed, and to keep records of past quotes and orders after that as described in the Privacy Policy.

9.Your obligations

  1. 9.1You must keep your listing accurate and current; respond to requests within a reasonable time or decline them; deal with buyers honestly and lawfully; comply with the Australian Consumer Law and product safety and labelling law; handle buyers' personal information in accordance with privacy law and use it only for the request or order it came with; and not contact buyers for marketing without their consent.
  2. 9.2You must not use the platform to obtain other suppliers' pricing, to place or solicit false requests, to interfere with the platform, or to do anything unlawful.

10.Suspension and removal

  1. 10.1We may suspend or remove your listing if you breach these terms, if your subscription lapses under the Subscription Agreement, if your business details cannot be verified, if we receive repeated substantiated complaints from buyers, or if we are required to by law. We will tell you the reason and, where the matter can be fixed, give you a reasonable opportunity to fix it before removal.

11.Availability and changes

  1. 11.1We aim to keep the platform available but do not promise it will be uninterrupted or error-free, and we may change features. If we change these terms in a way that reduces your rights or adds to your obligations, we will give you at least 30 days' notice by email before it takes effect. If you do not accept the change you may end your subscription under the Subscription Agreement before it takes effect.

12.Liability

  1. 12.1Nothing in these terms excludes, restricts or modifies any right or remedy under the Australian Consumer Law or other law that cannot be excluded. Where the law allows us to limit liability for breach of a non-excludable guarantee in respect of services, our liability is limited to supplying the services again or paying the cost of having them supplied again.
  2. 12.2Subject to that, and to the extent permitted by law, we are not liable to you for any loss arising from a buyer's act, omission or failure to pay; from a mistake in how the platform read a buyer's list or matched it to your catalogue, since you review every quote before it is sent; or for any indirect or consequential loss, loss of profit or loss of business. Our total liability to you in connection with the platform in any 12-month period is limited to the subscription fees you paid us in that period.
  3. 12.3You indemnify us against claims by buyers or third parties arising from your listings, your quotes, your goods, your dealings with buyers, or your breach of these terms, except to the extent we caused the loss.

13.Disputes and governing law

  1. 13.1If you have a problem with us, contact us first and we will try to resolve it with you within 14 days. If we cannot, either of us may propose mediation in Victoria before starting court proceedings, unless urgent relief is needed. These terms are governed by the law of Victoria, Australia, and the courts of Victoria have jurisdiction. Disputes with buyers about quotes, orders or accounts are between you and the buyer.

14.Contact

  1. 14.1The Trade Yard Pty Ltd, 2A Shaw Street, Fawkner VIC 3060. Email info@thetradeyard.com.au.