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Terms & Conditions

WEBSITE TERMS OF USE

This website (our Website) is owned and operated by D&S Resources Proprietary Limited (A.B.N. 14 607 257 223) (we, us and our).

By using our Website, you agree to be bound by these terms of use. If you do not agree with these terms, do not use our Website.

These terms apply only to our Website and do not apply to any websites or services outside of the https://dnsresources.com.au domain.

We may update these terms from time to time by posting a new version on our Website, and the terms (as varied) will be binding on you and us from the date they are posted on our Website.

Content

Information on our Website

  1. We make every effort to try to ensure the accuracy of the information displayed on our Website. However, as we rely on information provided to us by third parties, we cannot guarantee the accuracy of all information, nor can we guarantee that our Website is free from errors or faults.
  2. Subject to our obligations under the Australian Consumer Law, we:
    (a) Make no representation or warranty that the information provided on our Website is timely, accurate or complete; and
    (b) Will not be liable for any claim or loss resulting from any action taken, or reliance made by you on any information or material provided on our Website, or for any incorrect or misleading information provided on our Website.

Links from our Website

  1. Our Website may contain hyperlinks to other websites and services from time to time. These links are provided for information and convenience only and we take no responsibility for our content and maintenance of, or privacy compliance by, any linked website or service.
  2.  Unless otherwise indicated, any hyperlink on our Website to another website or service does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information, services and/or goods which they provide.

Links to our Website

  1. We do not permit the linking of our Website without our prior consent. We reserve the right to serve you with notice to cease if we become aware of such linking.

Copyright

  1. The copyright to all content on our Website, except for material posted via embedded third-party websites and links to other websites, belongs to us or we hold rights to use such contents.
  2. Your access to our Website does not grant you a licence to use any of our content in any commercial manner without our prior consent.
  3.  Except for our content that is stored in your computer or device s cache or a single permanent copy of our content for your personal use, you must not:
    (a) Modify, copy, transmit, distribute, display, reproduce, publish or licence any of our content;
    (b) Use or attempt to use any of our content to create any website or publication;
    (c) Mirror any page within our Website; or
    (d) Use any automated process of any sort to query, access or copy any of our content or generate or compile any document or database based on our content.
  4. You must not use any trade marks that appear on our Website without the prior written permission of the trade mark owner.

Cookies and data activity

  1. We may use standard technology called cookies and similar technologies on our Website. Cookies are small data files that are stored on your computer when you visit a particular app or website, which allow your web browser to remember certain information.
  2.  By using our Website, you agree to our use of cookies and our Website will issue cookies as soon as you visit our Website. You may disable cookies by turning them off in your browser, however some functions of our Website will not be available to you if you do this.
  3.  Sometimes information that you upload is provided with associated metadata. If you do not want us to use the metadata you must remove it before uploading it onto our Website and other applications and tools.
  4. We may collect data that is associated with your visit, including the pages you visit, the activities you do and the purchases you make etc. We may also collect information relating to the mobile phone or other device including the device type, the browser, location, IP address and search words used. We may collect, use and disclose and store this information in any of the ways set out in our Privacy Policy, available here Privacy Policy

User content

  1. You are solely responsible for your own content and the consequences of submitting and publishing your content on our Website. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish content you submit. You licence to us all patents, trade marks, trade secrets, copyright and all other proprietary rights in and to such content for publication on our Website under these terms.
  2. You retain all of your ownership rights in your content. However, by submitting content to our Website, you grant to us a worldwide, non-exclusive, royalty-free, perpetual, sub-licensable and transferable licence to use, reproduce, distribute, redistribute, promote, display and prepare derivative works of our content in connection with our Website and our business (including the business of our successors and affiliates).
  3. You also grant each user of our Website a non-exclusive licence to access your content through our Website, and to use, reproduce, distribute and display content as permitted through the functionality of our Website and under these terms.
  4.  You further agree and warrant that any content you submit to our Website will not contain third-party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material to grant to us all of the licence rights granted in these terms.
  5. You further agree that you will not submit to our Website any content or other material that is contrary to applicable local, national and international laws and regulations.
  6. We do not endorse any content submitted to our Website by any user or other licensor, or any opinion, recommendation, or advice expressed in our content. To the extent permissible by law, we expressly disclaim any and all liability in connection with any content on our Website. We do not permit copyright infringing activities and infringement of intellectual property rights on our Website, and we will remove all content if properly notified that the content infringes another person s intellectual property rights.
  7. We reserve the right to remove content without prior notice, and at our complete and unfettered discretion.

Marketing

  1. We reserve the right to use your or your organisation s name in any promotional or marketing material regarding our business, our Website or our goods or services.

Email communication

  1. We may correspond with you by electronic means, such as email or via our Website. As you are aware, electronic communication is not secure and may be read, copied or interfered with in transit or impaired. You agree to assume the risks associated with transmission of data, and to release us from any claim you may have arising from transmission defects.
  2. By submitting your contact details, you agree that we may send you communications as part of the normal operation of our Website and associated services. You may opt-out of receiving communications from us at any time. You acknowledge that opting out of receiving communications may impact your use of our Website or provision of services.
  3.  You are responsible for obtaining the data network access necessary to use our Website and to receive communications from us. Your mobile network s data and messaging rates and fees may apply if you access or use our Website from a wireless-enabled device. You are responsible for such rates and fees.

Necessary to access and use our Website. We do not guarantee that our Website, or any portion thereof, will function on any particular hardware or devices. In addition, our Website and any communications may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.

Material Certification and Testing Documentation

  • The Supplier shall provide all relevant material certificates with each delivery of Goods as required by D&S Resources, confirming compliance with applicable laws, regulations, and recognised industry standards, including but not limited to relevant Australian Standards (e.g. AS/NZS 1163, AS/NZS 3678), as applicable to the nature of the supply. These certificates must include traceability, material composition, and relevant mechanical properties, and be issued by an appropriately accredited body.
  • Where applicable, the Supplier shall provide Safety Data Sheets (SDS) in accordance with Schedule 7 of the Work Health and Safety Regulations 2011 (Cth). SDS must be in English and must conform to the format and content required by applicable WHS laws and guidelines.
  • If specified by D&S Resources in the Purchase Order, or required by applicable law, standard, or project specification, the Supplier shall also provide additional testing and inspection documentation, including but not limited to non-destructive testing (NDT), load testing, welder qualification records, or other relevant compliance documents. Such documentation must be issued by a NATA-accredited or otherwise appropriately certified body.
  • All documentation under this clause must be provided in electronic format, in English, and must be submitted at the time of delivery or uploaded to any system nominated by D&S Resources.
  • The Supplier acknowledges that the timely provision of accurate and complete documentation is a material condition of the supply. Failure to comply with these requirements may result in rejection of Goods, delayed or withheld payment, or the exercise of any other remedies available to D&S Resources under these Terms or at law.

Progress Claims 

  • Where the Goods and Services are supplied progressively, in stages, or by reference to milestones (including but not limited to design phases, fabrication stages, deliverables, or separable portions of work), D&S Resources is entitled to submit progress claims for payment for any part of the Goods and Services that has been completed or partially completed.
  • Progress claims may be made:
    • in accordance with any milestone breakdown, schedule, or staging set out in the Proposal, Quote, or Project Schedule; or
    • where no express milestone schedule exists, by reference to the reasonable value of the Goods and Services performed up to the date of the claim.
  • Each progress claim may be accompanied by reasonable supporting information, including descriptions of work completed, delivery records, timesheets, inspection records, or other evidence of progress. Failure by the Customer to request further information within a reasonable time does not invalidate the progress claim.
  • Each invoice issued by D&S Resources for a progress claim constitutes a valid payment claim for the purposes of the Building and Construction Industry Security of Payment Act 2009 (SA) (or equivalent legislation in any other applicable jurisdiction).
  • The Customer must pay each progress claim in accordance with the Trading Terms, irrespective of:
    • whether the entire scope of the Goods and Services has been completed; or
    • whether subsequent stages or deliverables remain outstanding.
  • Payment of a progress claim is not conditional upon:
    • completion of the entire Works;
    • final delivery;
    • acceptance of all Goods and Services; or
    • payment by any third party to the Customer.
  • If the Customer disputes any part of a progress claim, the undisputed portion must be paid in full within the applicable payment period. Any dispute must be notified in writing and dealt with in accordance with these Terms and applicable security of payment legislation.
  • Without limiting any other rights, D&S Resources may suspend further supply of Goods and Services if a progress claim is not paid when due, in accordance with its statutory and contractual rights.

Disclaimers and indemnity

  1. While we take all due care in maintaining our Website, we do not provide any warranty, either express or implied, as to any usability or functionality of our Website.
  2. We will not be responsible for any outages or downtimes that our Website may experience.
  3. We do not accept any liability for any interference with or damage to your computer system, software or data occurring in connection with or relating to our Website or its use.
  4. You should take all appropriate and adequate precautions to ensure that whatever is accessed through or downloaded from our Website is free of viruses or other contamination that may interfere with or damage your computer system, software or data.
  5. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms is excluded.
  6. By accessing our Website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses (including legal fees) arising from or in connection with your use of or inability to use our Website.

General operative terms

  1. If any of these terms is determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then the term will be severed and the remaining terms will survive and remain in full force and effect and continue to be binding and enforceable.
  2. Our rights and remedies under these terms cannot be waived except in writing signed by us. Our delay in exercising a right or remedy does not constitute a waiver of that right or remedy, nor does our waiver (either wholly or in part) of a right operate as a subsequent waiver of the same right or of any of our other rights.
  3. These terms are governed by and construed in accordance with the laws of the State of South Australia and the Commonwealth of Australia (as the context requires or permits), and each party must submit to the non-exclusive jurisdiction of the courts of the State of New South Wales and the Commonwealth of Australia.
  4. We may terminate your right to access and use our Website at any time if you breach these terms.

Dispute resolution

  1. Any dispute that arises out of these terms must first be referred to us for resolution using the contact email address at the end of these terms.
  2. You must provide us with details of the dispute together with your name and phone number. We will do our best to resolve this dispute by discussion with you within 20 business days of being notified.
  3. If we are not able to resolve the dispute in that time frame, then it may be referred to a court or tribunal of competent jurisdiction.

Contact us

  1. For any queries, complaints or requests regarding these terms, please contact us at [email protected].