Terms of Supply
Applies from: 17 September 2025
1. General
Unless otherwise agreed in writing, all Goods and Services, including installation of Goods, are sold by Smarterlite Pty Ltd, ABN 12 629 158 069 (Seller or we or us) on the following terms and conditions. Safety Path is a brand of the Seller.
These terms and conditions, together with any Quotation and the Invoice issued by us to you, constitute the entire agreement between us and you for the supply of Goods and/or Services as specified in the Invoice. These terms and conditions shall take precedence over and exclude the application of any other terms and conditions, agreements, or understandings, whether oral or written, that may conflict with or contradict these terms and conditions. Any terms and conditions provided by you, including but not limited to those contained in or incorporated in purchase orders or other documents, shall be deemed null and void.
We may update these terms and conditions from time to time with any updates to take effect 10 Business Days after a notice is published on our website. However, the terms and conditions that are current at the time of the Invoice will apply to the supply of Goods and/or Services under that Invoice.
2. Definitions
In these terms and conditions:
ACL or Australian Consumer Law means the Australian Consumer Law as contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Business Day means a day that is not a Saturday, Sunday or public holiday in the location from which the relevant act is done.
Business Hours means the regular hours of operation of the nominated facility, which the Client must confirm with the Seller if arranging pickup or transport for Goods.
Goods means any products, device or equipment supplied by us to you and specified in the Invoice including any components of such Goods.
Invoice means the invoice for the supply of Goods and/or Services issued by us to you which incorporates these terms and conditions and which constitutes our offer to supply Goods and/or Services to you.
Quotation means any quotation for the supply of Goods and/or Services provided by us to you.
Services means any services including commissioning or installation provided or arranged by us for you, being those described in the Invoice.
Warranty means the warranty for Goods which are exit signs contained in clause 14 of these terms and conditions.
Warranty Period means the following periods calculated from the date of delivery or pickup of the relevant Goods:
(a) 10 years for HYPERION range exit signs; and
(b) 20 years for EOS and APOLLO range exit signs.
3. Interpretation
In these terms and conditions, headings are for ease of reference only and do not affect the interpretation of the terms and conditions, and unless the context otherwise requires:
(a) words importing any gender include every gender;
(b) words importing the singular include the plural and vice versa;
(c) words importing persons include individuals, firms, partnerships, trusts, associations, companies and corporations;
(d) references to clauses, paragraphs and schedules are references to the relevant clause or paragraph in, or schedule to, these terms and conditions;
(e) any reference to a party is to a party to this agreement and includes that party’s personal representatives, successors and permitted assigns;
(f) a reference to a monetary amount, $, AUD or AUD$ is a reference to Australian dollars;
(g) any reference to an enactment includes reference to that enactment as amended or replaced from time to time and to any subordinate legislation or bylaw made under that enactment; and
(h) the word “including” (and related forms including “includes”) means “including without limitation”.
4. Client Arranged Installation
When you are arranging your own installation of the Goods, you assume all responsibility and liability for compliant installation in accordance with applicable regulations. In the case of Smarterlite or Safety Path branded exit signs, installation in Australia must be in accordance with the National Construction Code Section E4D8 and all other applicable regulations.
5. Quotation and Invoice
(a) Any supply of Goods and/or Services under a Quotation given by us is merely an invitation for provision of Goods and/or Services to you and shall not give rise to any contract between the parties until the contract is accepted in writing by you and acknowledged in writing by us in accordance with clause 5(b).
(c) You must notify us of your acceptance of a Quotation within thirty (30) days of the date on the Quotation unless an expiry date is specifically noted on the Quotation in which event the expiry date on the Quotation takes precedence.
(d) Where no Quotation is provided by us to you, and you submit a purchase order to us for the supply of Goods and/or Services, we will issue an Invoice to you and payment of the Invoice will be deemed acceptance of the Invoice and these terms and conditions.
(e) We reserve the right to withdraw the supply of Goods and/or Services at any time prior to the dispatch of Goods to you. If we withdraw the supply of Goods and/or Services as described in the Invoice, we must provide you with a full refund.
(f) You may only cancel the supply of Goods and/or Services if we are advised in writing and the notice is received by us prior to us commencing manufacture or supply of the Goods. Commencement of manufacture shall be deemed to have occurred when we have purchased material to enable manufacture and we are unable to return those materials without attracting cancellation charges or have commenced assembly or conversion of any item.
(g) The parties may vary the supply of Goods and/or Services at any time prior to the dispatch of Goods to you with any variation to be in writing. A new Invoice will be issued by us to you in this circumstance.
(h) Before purchasing any Goods and/or Services, you agree that you have read and understood these terms and conditions. You also hold yourself as a responsible and competent user or reseller (if applicable) of the Goods we provide and that you comprehend and understand the dangers of incorrect use of, or the incorrect assembly/installation of these Goods. In the event we provide instructions (written or otherwise) with respect to the Goods, then you agree to follow those instructions and shall keep and indemnify us against all claims, cost or demands of any nature arising from any failure on the part of you or your employees, contractors or agents to comply with those instructions.
(i) Quotations and Invoices for Services including installations are based on unrestricted access to work locations. Any delays by other on-site personnel including (but not limited to) third party contractors, sub-contractors, pedestrians and emergency services, will be charged at a reasonable hourly rate, per person or sub-contractor, as applicable and an additional Invoice will be issued to you.
(j) All Services, including installations, are to be conducted during normal operating hours unless stated otherwise in the Quotation or Invoice.
6. Payment for Goods and Services
(a) All accounts are on a cash basis. The standard payment terms for all Australian clients, unless otherwise specified in the Quotation or Invoice are:
| Goods | Services |
| 50% on issue of the Invoice | 50% on issue of the Invoice |
| 50% on pickup or dispatch of Goods | 50% on completion of installation of Goods |
(b) Payment of Invoices must be made within 7 Business Days unless otherwise specified in the Quotation or Invoice.
(c) Payment terms for international clients & international delivery destinations will be specified in the Quotation or Invoice.
(d) Payments may take up to 7 Business Days to be received. You must factor payment processing into your delivery or pickup requirements.
(e) Goods may not be dispatched or available for pickup, or Services delivered, until payment is received in accordance with this clause 6.
(f) Quotations and Invoices are in Australian Dollars, unless otherwise specified.
(g) Each consignment is considered a separate transaction and payment therefore shall be made accordingly.
(h) For asset service agreement arrangements, a separate agreement will cover payment and ownership.
7. Goods and Services Tax (GST)
(a) We quote prices exclusive of GST. GST is only included in our pricing if expressly identified on the Quotation or Invoice.
(b) Unless you provide us with an authorised tax-exempt certificate, GST will be added to invoices.
8. Passing of Risk and Property
(a) For cash sales, risk and ownership passes to you:
i) immediately upon pickup,
ii) immediately upon dispatch via freight or transport organised by you,
iii) upon delivery when freight or transport is organised by us.
(b) Goods sold on credit account remain the property of the Seller until paid for.
(d) We will be entitled to recover possession of all unpaid Goods already supplied if you become a bankrupt or, being a company, have a receiver and manager or provisional liquidator appointed or go into voluntary administration or liquidation or otherwise.
9. Transport
(a) If you make your own transport arrangements, you must collect the Goods from a facility nominated by us on a Business Day in regular Business Hours for the nominated facility. It is your responsibility to arrange your own insurance for transport related losses when organising your own transport.
(b) Where you do not make transport arrangements, we will arrange delivery and add a freight and reasonable handling charge to the invoice.
10. Delivery Time
(a) Delivery time shall not be the essence of the contract.
(b) Delivery dates are estimated in good faith by us and we must use reasonable endeavours to deliver the Goods by the agreed delivery date.
(c) Under no circumstances shall we be liable for damages (including consequential, special and incidental damages) for failure to deliver or delay in delivery howsoever occasioned except to the extent caused by our negligence, fraud or wilful misconduct.
(d) If delivery is in instalments, delay in delivery of any instalment shall not relieve you of your obligation to accept the remaining deliveries.
11. Returns
(a) All returns will be in accordance with our returns policy at www.smarterlite.com/returns (Returns Policy).
(b) The Returns Policy may be updated from time to time with any updates to take effect 10 Business Days after a notice is published on our website.
(c) You acknowledge that by accepting these terms and conditions, you have read and understood the Returns Policy.
12. Reuse and Take-Back
(a) We have a ‘Reuse & End-of-Life Take-Back Scheme’ for exit signs which is in accordance with the policy at www.smarterlite.com/take-back (Reuse and Take-Back Policy).
(b) The Reuse and Take-Back Policy may be updated from time to time with any updates to take effect 10 Business Days after a notice is published on our website.
(c) You acknowledge that by accepting these terms and conditions, you have read and understood the Reuse & Take-Back Policy.
13. Intellectual Property
Unless otherwise agreed in writing, we retain the ownership and rights in all intellectual property developed in the delivery of the Services and are free to use this intellectual property in the development and sale of other Goods and Services.
14. Warranty for Goods
(a) Where the Goods are exit signs, we guarantee the good quality and proper functioning of the purchased Goods during the Warranty Period if used in the manner appropriate for the purpose thereof and installed in accordance with the installation guide, and shall provide a Warranty subject to the following conditions:
(i) this Warranty covers the defects resulting from defective parts, materials or manufacturing, if such defects are revealed during the Warranty Period. The Warranty Period is specific to each Good;
(ii) the Goods are considered defective if they fail to perform the functions as indicated in the handover pack, technical specifications or any other similar documents supplied with the Goods, and the failure is due to the internal characteristics of the Goods;
(iii) this Warranty does not cover where the Goods are incorrectly specified or installed by you or third parties;
(iv) the defected Goods revealed during the Warranty Period shall be removed by you and sent at your cost to us at the address noted in the header for review of the Goods in question with your proof of purchase. If we determine that the Goods are defective by no fault of you and otherwise in accordance with this clause, we will reimburse you the reasonable costs of sending the Goods to us and we will replace or repair the defective Goods at our sole discretion;
(v) the Goods must be delivered together with a detailed and readable description of the technical problem; and
(vi) we reserve the right to charge you with the reasonable costs of service, transportation, insurance, technical investigation, third-party testing and customs clearance if the defect does not fall within the scope of this Warranty or the Goods are not proven defective.
b) The Warranty does not cover:
(i) mechanical or electric damages resulting from incorrect installation, configuration, usage or other activities inconsistent with the handover pack or contradictory to technical specifications or other similar documents supplied with the Goods;
(ii) damages caused by acts of God, floods, fires, lightning or other natural disasters, wars, inappropriate voltage, or other external factors;
(iii) Goods that have been tampered with in any way, including reconfiguration, repair, wilful constructional variations, modifications, damage and adjustments including water damage and environmental irregularities;
(iv) defects resulting from the usage of improper or non-genuine supply materials;
(v) defects from inappropriate cleaning, including the use of abrasive or acidic cleaning products;
(vi) defects from installation in damp, wet or high humidity environments, resulting in moisture, water or mould damage; and
(vii) the cost of re-installation of the Goods re-issued to you under this Warranty, unless we facilitated the installation of the Goods.
(c) We reserve the right to refuse to provide any Warranty services if it would result in a breach of applicable laws.
(d) The rights granted by this Warranty shall not include the right for you to claim any indirect or consequential loss (including lost profits or costs) in connection with defects of the Goods. We shall not be held responsible for any losses caused by the defective Goods except to the extent caused by our negligence, fraud or wilful misconduct.
(e) We reserve the right to declare void any Warranty claim where you do not extend to us a reasonable opportunity to fully inspect the Goods, application and circumstances of the claim.
15. Consumer Guarantees
(a) Nothing in these terms and conditions exclude, restrict or modify any condition, warranty, guarantee, right or remedy implied or imposed by the ACL or any other statute or rule of law, and all such conditions, warranties and guarantees form part of these terms and conditions.
(b) Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
(i) to cancel your service contract with us; and
(ii) to a refund for the unused portion, or to compensation for its reduced value.
(c) You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
(d) To the extent that we are unable under the ACL to exclude liability with respect to the Goods or Services provided under these terms and conditions, we limit our liability to, at our option:
(i) in the case of Goods, any one or more of the following:
(1) the replacement of the Goods or the supply of equivalent goods;
(2) the repair of the Goods;
(3) the payment of the cost of replacing the Goods or of acquiring equivalent goods; or
(4) the payment of the cost of having the Goods repaired; or
(ii) in the case of Services:
(1) the supplying of the Services again; or
(2) the payment of the cost of having the Services supplied again.
(e) Except to the extent you have rights under the ACL and to the extent otherwise permitted by law, all other conditions, warranties and guarantees, whether express or implied by statute, common law or otherwise, are excluded.
16. Limitations of Liability
(a) To the extent permitted by law and subject to any exceptions contained in these terms and conditions, we shall under no circumstances be liable in any way whatsoever to you for any form of loss, damage or expenses sustained or incurred by you or any other party in consequence of or resulting directly or indirectly out of the supply of the Goods or Services by us or the use or performance thereof except to the extent the loss, damage or expense is caused by our negligence, fraud, wilful misconduct or material breach of these terms and conditions.
(b) Notwithstanding any other provision of these terms and conditions, each party limits any liability it might have to the other party to a maximum amount being the invoiced price of the Goods or Services in question.
(c) Without limiting the above and to the extent permitted by law, a party’s liability to the other party for any losses suffered arising out of or in connection with these terms and conditions will be reduced or limited to the extent (if any) that the other party causes or contributes to the loss.
(d) To the extent permitted by law, neither party is liable to the other party (whether such liability arises in tort (including negligence), contract, under statute or otherwise) for any indirect or consequential loss (including loss of profits, revenue, commercial opportunity, savings, discount or rebate, reputation or goodwill) whether or not foreseeable or reasonably within the contemplation of the parties.
(e) We are not liable to you for any loss suffered if your credit/debit card is used fraudulently by someone else, other than to the extent our acts or omissions caused the loss.
(f) We are not liable to you for any loss, theft or damage to the Goods that occur after delivery to you.
17. Governing Laws
The construction, validity and performance of any contract incorporating these terms and conditions shall be governed by the laws of the State of Victoria in Australia and the parties shall submit to the jurisdiction of the courts of that state.
18. Severability
If any provision in these terms and conditions is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the reminder of these terms and conditions which will continue in full force and effect.
19. Additional Terms and Conditions for Smarterlite Installation Services
(a) We will facilitate the installation of the specified Goods in accordance with the Quotation or Invoice (as applicable). Where a specified Good becomes unavailable, we may reasonably substitute similar Goods that meet the products described in the Quotation or Invoice (as applicable). Any substitution will be notified to you and require your written approval, otherwise you are entitled to a refund for the unavailable specified Good on any monies paid to us.
(b) Unless specified in the Quotation or Invoice (as applicable), any additional services or works are not included and will be a variation to the invoiced price. Such additional services or works might include:
(i) fixing faulty circuits, extending existing electrical circuits, repairing or replacing existing damaged cabling, supplying power at the location of works, or providing a functional earth at the installation location, or any similar electrical work to enable the safe and legal installation of the Goods in Quotation or Invoice (as applicable);
(ii) any additional works required to supply mounting infrastructure at the installation locations unless stated (poles, repairing of concrete or asphalt, steel supports);
(iii) paint/patching that is required to repair/hide visible areas of building infrastructure following removal of old infrastructure and assets;
(iv) civil works, power shutdown, traffic or people management around worksite, advance notification of works to occupants or businesses, or egress pathway closures;
(v) elevated work platform access equipment to reach elevated areas;
(vi) addressing unforeseeable conditions found during installation that would adversely prevent progress of works including underground rock/boulders, live services and asbestos.
(c) During installation, we may stop work or make safe at your cost any safety hazards identified during installation that are necessary to safely fulfil the Services. Reasonable efforts will be made to contact you to discuss and agree on how to proceed when a safety hazard is identified; however, when necessary, minor works to immediately make safe a worksite may occur. You agree to pay us the reasonable costs of any urgent works.
How to contact us
Please Contact Us for any queries relating to your quotation or order.