“Goods” means all Goods or Services supplied by the Supplier to the Client.
“Price” means the Price payable for the Goods.
2. Price and Payment
At the Supplier’s sole discretion, the Price shall be either:
(a) as indicated on any invoice provided by the Supplier to the Client; or
(b) the Supplier’s quoted price which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.
The Supplier reserves the right to change the Price if a variation to the Supplier’s quotation is requested.
At the Supplier’s discretion, a non-refundable deposit may be required.
The Price will be payable by the Client on the date/s determined by the Supplier, which may be:
(a) on delivery of the Goods or,
(b) before delivery of the Goods.
Payment may be made by cash, electronic on-line banking, credit card, ecommerce facility or by any other method as agreed to between the Client and the Supplier.
Unless otherwise stated the Price does not include GST.
3. Delivery of Goods
Delivery of the Goods is taken to occur at the time that:
(a) the Client or the Client’s nominated agent takes possession of the Goods at the Supplier’s address; or
(b) the Supplier (or the Supplier’s nominated agent) delivers the Goods to the Client’s nominated address even if the Client is not present at the address.
At the Supplier’s sole discretion, the cost of delivery is either included in the Price or is in addition to the Price.
The Client must take delivery by receipt or collection of the Goods whenever they are tendered for delivery. In the event that the Client is unable to take delivery of the Goods as arranged then the Supplier shall be entitled to charge a reasonable fee for redelivery and/or storage.
The Supplier may deliver the Goods in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.
Any time or date given by the Supplier to the Client is an estimate only. The Client must still accept delivery of the Goods even if late and the Supplier will not be liable for any loss or damage incurred by the Client as a result of the delivery being late.
The Supplier will deliver the Goods to the Clients nominated address within a reasonable proximity of the property entry. The Suppliers agent reserves the right to decide where the Goods will be placed. Where the Client requests the delivery is to be inside the properties address, then the Client waives all responsibility against the Supplier or agent for any damages incurred.
If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Client, the Supplier is entitled to receive all insurance proceeds payable for the Goods.
If the Client requests the Supplier to leave Goods at an unattended location, then such Goods shall be left at the Client’s risk.
The Supplier and the Client agree that ownership of the Goods shall not pass until:
(a) the Client has paid the Supplier all amounts owing to the Supplier; and
(b) the Client has met all of its other obligations to the Supplier.
Receipt by the Supplier of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
6. Defects, Warranties and Returns
The Client must inspect the Goods on delivery and must within fourteen (14) days of delivery notify the Supplier in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. Upon such notification the Client must allow the Supplier to inspect the Goods.
Implied guarantees and warranties may be implied into these terms and conditions as non-excluded guarantees.
The Supplier makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods. The Supplier’s liability in respect of these warranties is limited to the fullest extent permitted by law.
If the Supplier is required by law to replace the Goods, but is unable to do so, the Supplier may refund any money the Client has paid for the Goods.
The Supplier’s liability for any defect or damage in the Goods is:
(a) limited to the value of any warranty provided to the Client by the Supplier;
(b) limited to any warranty to which the Supplier is entitled, if the Supplier did not manufacture the Goods;
(c) otherwise negated absolutely.
Returns will only be accepted provided that:
(a) the Supplier has agreed that the Goods are defective; and
(b) the Goods are returned within (fourteen) 14 days at the Client’s cost; and
(d) the Goods are returned in original condition
In the case of second hand Goods, the Client acknowledges that it has had full opportunity to inspect the second hand Goods prior to delivery and accepts them with all faults and that to the extent permitted by law no warranty is given by the Supplier as to the quality or suitability for any purpose.
The Supplier may in its absolute discretion accept non-defective Goods for return in which case the Supplier may require the Client to pay handling fees of up to ten percent (10%) of the value of the returned Goods plus any freight costs.
Notwithstanding anything contained in this clause if the Supplier is required by a law to accept a return then the Supplier will only accept a return on the conditions imposed by that law.
7. Promotions and Delivery Promise
The Supplier from time to time will advertise promotions whereby products and services are listed at a discounted Price. Unless otherwise stated, promotions will only be available while stock lasts. The Supplier reserves the right to end a sales promotion anytime.
The Supplier acknowledges it advertises a next day delivery promise to Clients if orders are received and confirmed by a certain time. An order is only confirmed once the Supplier has notified the Client in writing that it will deliver within that timeframe. Exclusions to order confirmations include, out of stock items, special orders, or outside the Moreton Bay region. The Supplier shall not be liable for any late delivery fees and reserves the right to change an order delivery date without prior notification.
Where the Supplier has designed, drawn or developed Goods and Services for the Client, then the copyright in any designs and drawings and documents shall remain the property of the Supplier.
The Client warrants that all designs, specifications or instructions given to the Supplier will not cause the Supplier to infringe any patent, registered design or trademark in the execution of the Client’s order and the Client agrees to indemnify the Supplier against any action taken by a third party against the Supplier in respect of any such infringement.
If the Client owes the Supplier any money the Client shall indemnify the Supplier from and against all costs and disbursements incurred by the Supplier in recovering the debt.
Further to any other rights or remedies the Supplier may have under this contract, if a Client has made payment to the Supplier by credit card, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this agreement.
The Supplier may cancel any Goods at any time before the Goods are delivered by giving written notice to the Client. On giving such notice the Supplier shall repay to the Client any money paid by the Client for the Goods. The Supplier shall not be liable for any loss or damage whatsoever arising from such cancellation.
Cancellation of orders for Goods made to the Client’s specifications, will not be accepted once manufacturing has commenced, or an order has been placed.
The Client agrees that personal credit information provided may be used and retained by the Supplier for the following purposes (and for other agreed purposes or required by):
(a) the provision of Goods; and/or
(b) analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Goods; and/or
(c) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or
(d) enabling the collection of amounts outstanding in relation to the Goods.
The Supplier will destroy personal information upon the Client’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this agreement or is required to be maintained and/or stored in accordance with the law.
The Client can make a privacy complaint by contacting the Supplier via e-mail. The Supplier will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint.