TERMS AND CONDITIONS OF SALE
Unless the Company agrees in writing to any alteration or other condition, the Purchaser’s order is accepted subject to the following terms and conditions which apply to the whole or any executed part of an order.
In these Terms and Conditions:-
“Company” means National Tiles Co Pty Ltd ACN 007 381 599 of 174 Torquay Road Grovedale, 3216.
“Company premises” means any location from which the Company conducts business.
“Purchaser” means the buyer or customer.
“Goods” means the tiles, timber, or any related products together with any containers, packaging or pallets supplied by or on behalf of the Company.
1. QUOTATIONS AND ORDERS
Unless previously withdrawn, a quotation issued by the Company is valid for 14 days or such other period as stated in writing. A quotation is an invitation to the Purchaser to place orders with the Company, not to be construed as an obligation to sell and the Company reserves the right to withdraw the quotation at any time. The Company reserves the right to accept or reject in whole or in part any order of goods submitted to it by the Purchaser. Unless otherwise agreed in writing, all sales are made by the Company, at the Company’s ruling price for goods of that description at the time of purchase, any prior quotation shall be subject to alteration accordingly.
2. ORDER CANCELLATION
The Company may accept cancellation of orders for stock standard products (Stock Group type “S” as defined on the front page of confirmation orders and tax invoices) in part or whole up until the time of dispatch. All cancellations must be notified in writing to the Company. All cancellations will attract a 15% cancellation fee. No cancellation of an order will be accepted after the dispatch of the Goods from the Company’s premises. Orders for products which are not stock standard may not be cancelled. The Company may cancel any order which it cannot fulfill for any reason.
3. PRICE AND PAYMENT
a) All prices are net ex-store, unless otherwise stated. The prices do not include freight costs for part or whole shipment to any destination. For imported goods, the prices quoted or invoiced for the supply or manufacture of Goods are based on prices quoted to the Company by its suppliers and the rates of freight, exchange, insurance premiums, customs duties and other costs of importation known to the Company at the time of quotation. Unless otherwise stated, in the event of any increase in these rates or in the price of goods quoted to the Company by its suppliers before acceptance of an order or prior to delivery of the Goods to the Purchaser, then the cost to the Company entailed by such increases shall be added to and form part of the purchase price and be payable by the Purchaser accordingly.
b) Unless specifically agreed by the Company in writing before dispatch of the Goods, no deduction is to be made from payment for retention monies to guarantee performance of a contract.
c) All deposits, partial payments or payments in full made prior to dispatch or collection of goods are non refundable, unless the Company has agreed to a cancellation of an order as per condition (2.) above.
4. ACCEPTANCE AND DELIVERY
Unless otherwise specified by the Company the point of delivery of the Goods shall be at the Company premises. The Company may however elect to deliver Goods in accordance with delivery instructions provided by the Purchaser in which case the Purchaser is deemed to have accepted the Goods at the time of dispatch from the Company premises. Claims for damages or short deliveries must be lodged in writing to the Company within five (5) working days from delivery or collection. These Goods and their packaging must be retained and produced for the Company’s inspection. If it is found to the reasonable satisfaction of the Company that the Goods were defective at the time of delivery, the Company reserves the right to either replace or issue a credit for the Goods.
5. DELAY IN DELIVERY
Delivery and availability dates are estimates only and although the Company will use its best endeavours to maintain these estimates, no liability is accepted for delay from any cause whatsoever. The time of delivery in any quotation represents the time at which the Goods are to be ready for dispatch from the Company premises and the Company is to be allowed the further time necessary to cover transit to points of delivery where stated in the Purchaser’s delivery instructions. The Company does not accept orders under penalty for late delivery. The Company reserves the right to ship orders in whole or by instalment and each instalment shall be deemed to be sold under a separate contract. Any failure on the part of the Company to deliver within the time stated shall not entitle the Purchaser to repudiate the contract in whole or in part, or to sue for damages including liquidated damages.
6. FORCE MAJEURE
If for any cause beyond the Company’s control, including but without limiting any act of God, war, strike, lock out, industrial dispute, governmental or semi-governmental award, enactment, priority or restriction, fire, flood, storm or tempest, delay in obtaining licenses, transport, labour or materials, accidents, damage to the Company’s works or business or those of its suppliers, the Company is prevented from making delivery or performance at the time stipulated, the Company shall be entitled at its option either to extend the time for delivery or performance for a reasonable period or to terminate the contract and the Purchaser shall not in consequence in either case have any claim for damages and shall pay for all deliveries made or services performed, prior to the date of such a termination and all expenses incurred and monies paid by the Company in connection with the contract.
Any presentation, promise, statement or description by the Company or any employee, agent or dealer of the Company is expressly excluded and the Purchaser acknowledges that it has relied solely upon its own inspection and skill and judgment and not by reason of any such representation, promise, statement or description. All photographs, weights, illustrations, shade descriptions, nominal sizes and any other particulars given in or accompanying a quotation, on display in any Company store, provided as a sample or contained in descriptive literature are approximate and indicative only and deviations there-from shall not vitiate the contract or be made the basis of any claim made against the Company. Colour, shade and features are subject to some variation.
Goods supplied by the Company are guaranteed to be free from defects in materials and workmanship in accordance with the manufacturer’s warranty. This warranty does not cover the replacement of any defective goods without prior written consent from the Company. Notwithstanding anything herein contained the Company shall continue to be subject to any implied warranty provided by the Competition and Consumer Act 2010 and any similar state laws that may apply.
9. LIMITATION OF LIABILITY
a) The Company and the Purchaser hereby agree that, to the extent permitted by law, in the event of any loss, damage or claim arising out of a breach of the manufacturer’s warranty or from any cause whatsoever, the liability of the Company is limited to the replacement or re-supply of the Goods or the cost of such replacement or re-supply.
b) The Purchaser’s property under the Company’s custody or control will be entirely at the Purchaser’s risk as regards loss or damage from whatever cause arising.
c) The Company shall not be liable for and the Purchaser hereby releases the Company from any claim, action or liability for consequential loss or damage to persons or property arising by reason of delays, non-delivery, incorrect delivery, defective materials or workmanship, negligence or any act, matter, conduct or thing done, permitted or omitted by the Company.
d) All rejected or defective parts in any Goods shall be the property of the Company to dispose of as it sees fit.
e) The Company accepts no responsibility whatsoever for errors in dimensions, quantities, shade variations, specifications or otherwise where orders for any Goods are placed with the Company by the Purchaser otherwise than in writing. It is the Purchasers responsibility to ensure the entire product supplied is consistent with that ordered prior to any installation taking place. This includes checking for any batch variations. No claims will be accepted for variations in colour, shade, pattern or veining in natural stone as these are all characteristics of the product.
f) The Company accepts no responsibility for optical hazing. Polished porcelain is prone to optical hazing which appears as a hazy / smoky effect in certain light conditions. The Purchaser is advised to lay a sample of the tile loose on site and view the tile at different times over 24 hours to satisfy themselves with the tile appearance prior to installation.
g) The Company accepts no responsibility for loss of or damage to or maintenance of secrecy with respect to any plan, drawings, samples, or other material supplied by the Purchaser to the Company.
h) Where sealing is recommended, no liability will be accepted by the Company where this is not carried out as recommended. National Tiles recommends all stone tile products be sealed as protection against everyday spills and soiling. An impregnating sealer will not protect calcium based stones (marble, limestone, travertine, bluestone) against etching or surface degradation by acidic, strong alkaline solutions, corrosive or abrasive products. An impregnating sealer will not protect against surface abrasion or regular wear and tear.
10. MONIES OUTSTANDING UNDER AGREEMENT
As long as any moneys are owing by the Purchaser to the Company under this agreement:
a) the Purchaser acknowledges that it is in possession of the Goods solely as Bailee for the Company;
b) the Purchaser shall store the Goods separately from its own goods or those of any other person and in a manner which clearly renders them identifiable as Goods of the Company;
c) the Company may (without prejudice to any other rights) without previous notice retake and resume possession of as much of the Goods as is equal to the value of the amount then owing by the Purchaser to the Company and by its servants and agents may enter upon the Purchaser’s premises or any other place where the Goods may be for the purpose of retaking and resuming possession of the Goods.
11. RETURN OF GOODS
It is a condition of the sale of the Goods that the Company is not obligated to accept in any case the return of Goods for credit. Where the Company accepts returns of Goods for credit the following conditions apply to all Goods returned for this purpose with the prior approval of the Company.
a) Prior arrangements must be made for all Goods to be returned for any reason. Authorisation must be obtained from the Company for such return.
b) Where Goods were originally supplied in a special manufacturer’s carton, any return shall be made in that original carton and the Goods shall be returned in their original and unmarked condition, complete with any instruction sheets supplied, and in full carton lots only.
c) Unless agreed in writing to the contrary, all costs associated with the return of Goods including outward and inward freight are the responsibility of the Purchaser.
d) A handling charge of 15% of the price will be deducted on all returns.
e) Any goods altered or damaged by the Purchaser cannot be returned for credit under any conditions.
f) Returns will only be accepted on stock standard products.
a) The Company may amend these Terms and Conditions of Sale at any time and without notice in which event such amended conditions shall apply to all future dealings between the Company and the Purchaser.
b) No returns after 30 days from delivery will be accepted.
c) Quantities may be estimated as a service, however we recommend a final on-site check by your tiler prior to placing an order as some goods are non-returnable.
d) This contract is governed by the laws of Victoria and the parties herby submit to the exclusive jurisdiction of Victorian courts and any courts which have jurisdiction to hear appeals from any of these courts.
e) The above terms and conditions may change from time to time. The latest version will be available on the Company’s website at nationaltiles.com.au.
ADDITIONAL TERMS AND CONDITIONS SPECIFIC TO CREDIT ACCOUNT CUSTOMERS
a) The Purchaser shall, unless the Company otherwise agrees in writing, pay to the Company not later than thirty (30) days from the date of each statement of account issued by the Company, the cost of goods purchased upon credit, disclosed by that statement of account. The Company may without notice suspend sale of goods on credit to the Purchaser when any account rendered by the Company or part thereof is unpaid more than thirty (30) days after the date of the statement of account. The Company may charge interest at a rate of 15% per annum calculated daily plus on-charge any collection costs incurred on any monies owing that remain unpaid for more than thirty (30) days, and the Purchaser will hold the Company indemnified against any claim or liability or injury to, or by, the Goods in the meantime.
b) The Company reserves the right to refuse to accept, or to proceed with, any order at any time should the Purchaser’s credit trade reference be unsatisfactory to the Company or to demand payment for Goods supplied or produced upon such credit reference becoming unsatisfactory to the Company.
c) The Company may require immediate payment of the price of goods obtained on credit by the Purchaser in excess of the Purchaser’s credit limit. The Company may agree to vary the credit limit granted to the Purchaser at its discretion.
d) The Company may terminate this credit agreement at any time. The Purchaser may terminate this agreement by sufficient notice in writing at any time providing all outstanding debts have been satisfied.