| Unless Brisbane Tiles 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. OPERATIVE PART: In these Terms and Conditions: “Company” means Flora Corp Pty Ltd Trading As Brisbane Wholesale Tiles ABN: 45 662 760 689 of 4 -56 High Street Kippa Ring Qld 4021 “Company premises” means any location from which the Company conducts business. “Purchaser” means the buyer or customer. “Goods” means the tiles, or any related products together with any containers, packaging or pallets supplied by or on behalf of the Company. 1. QUOTATION Unless previously withdrawn, a quotation issued by the Company is valid for 14 days or such other period as stated in writing.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. 2. ORDER MODIFICATION / CANCELLATION The Company may accept modification or cancellation of orders for stock standard products (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 20% 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 in stock ( identified with *) may not be cancelled. 3. PRICE AND PAYMENT (a) All prices are net ex-store, unless otherwise stated. The price does 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) Payment under account for invoiced amounts is to be made in full within thirty (30) days from the date of invoice (unless pursuant to any credit arrangement or Credit Account Application to which these Terms and Conditions relate) and the Purchaser will hold the Company indemnified against any claim or liability or injury to, or by, the Goods in the meantime. (c) All progressive payment / lay-by orders must be paid in full within 30 days or prior to dispatch, whichever comes first. (d) 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. 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, the Purchaser shall ensure that the person nominated as being the Purchasers on site contact as stated above shall ensure that they person is available to check and sign or acknowledge the delivery in the Company’s delivery paper work, should the Purchasers site contact not be available the Company check the goods for damage and will photo graph the goods in their location as evidence noting any damage and the Purchaser is deemed to have accepted the Goods. The company will not warrant nor accept responsibility for damaged goods if the goods have been collected by the Purchaser from the company’s premise. It is to be expected that 1% of the tiles will be chipped or cracked in transit. 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 installment and each installment 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. Should a delivery be dispatched from the Company’s premises and the Purchaser reason cancels the delivery or the delivery is unable to be delivered due to the Purchaser’s employees, agents, subcontractors or other suppliers, the company will be entitled to charge a further delivery fee as quoted originally. 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. 7. DESCRIPTION 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 variations, 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. 8. WARRANTIES 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 Trade Practices Act, 1974 (Commonwealth) 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 between the boxes supplied. 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 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. (g) Where sealing is recommended, no liability will be accepted by the Company where this is not carried out as recommended. The Company 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. MONEYS OUTSTANDING UNDER AGREEMENT 10.1 As long as any moneys are owing by the Purchaser to the Company under this agreement or pursuant to any credit arrangement to which these Terms and Conditions relate: (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. 10.2 Subject to the preceding clause the Purchaser is authorized by the Company to re-sell Goods supplied by the Company here under on the express condition that the Purchaser does so as bailee and agent for the Company (provided that the Purchaser does not hold itself out to a third party as such) and the entire proceeds of sale are held on trust for the Company and are not mingled with any other moneys or paid into an overdrawn bank account and shall be identified at all times as the Company’s moneys. 10.3 Where the purchaser has an outstanding amount of money’s as identified by any statement of account, that the Company has issued. Where the Company is forced to recover the monies by engaging in legal or court actions, it is agreed by the Purchaser that the Company can apply an over due interest rate of 22% to the amount being recovered. 11. RETURN OF GOODS The Company is not obligated to accept the return of any goods. Where the company does accept the returns of Goods for credit the following conditions shall apply to all goods returned; (a) Prior acceptance and authorization must be obtained from the Company for the return of any goods. Special orders are not able to be returned. (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 restocking fee of 50% 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. 12. GENERAL (a) If these Terms and Conditions of Sale which shall only be varied, modified or rescinded by written agreement shall differ in any respect from the Purchaser’s order or the Company’s acceptances or confirmation then these Terms and Conditions shall prevail. (b) 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. (c) 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. (d) Claims for damages or short deliveries must be lodged in writing to the company within 24 hours from delivery or collection. (e) No returns after 30 days from delivery or 60 days from order, whichever is sooner, will be accepted. (f) Refunds over $10 will be paid by EFT within 14 days from return. All returns must be accompanied by a receipt. (g) 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. (h) 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. 12. GOVERNING LAW This agreement is governed under the laws in force in the state of Queensland. 13. TILES (GOODS) (a) All Tiles are kiln fired products and natural variations in colour can and will occur. (b) All goods must be inspected prior to fixing in line with AS3958.1. The Company will not be responsible for costs of removing or replacing defective tiles if the defect could reasonably have been discovered upon inspection prior to fixing. (c.) The Company will not be responsible for tiles which have or are damage during the fixing process. (d) Hot colour tiles (Yellow, Red. etc.) should be sealed before grouting. Clear glaze wall tiles may darken when wet and sealing grout is therefore recommended. (e.) Single colour tiles that are subject to a variation in colour the agreed commercial factor is 1 which exceeds AS4459.16- 2005 14. DEFINITIONS Australian Consumer Law means schedule 2 of the Competition and Consumer Act, 2010 (cth) Consumer Guarantee means a right or guarantee a purchaser may have under the Australian Consumer Law or other rights in relation to supply of goods or services (such as terms implied into a contract) which cannot lawfully be excluded. |