Agreement means the Purchase Order and the Terms and Conditions.
Australian Consumer Law means the Australian Consumer Law contained in Schedule 2 to the Competition and Consumer Act 2010 (C’th).
Defects includes but is not limited to any omission, malfunction, unsatisfactory workmanship, damaged goods, or works not in accordance with the scope, specification or the like, including failure to clean and make good consequential damage caused in the course of the supply.
Goods means the products supplied by the Supplier to the Purchaser under the Sales Invoice.
Order means the written description from the Supplier to the Purchaser to specify the goods and costs related to an order.
Purchaser means the party signing these terms.
Supplier means Trade Market Pty Ltd ACN 607 394 874. (The Company).
Terms and Conditions means this documents and the terms stated on it.
1. Orders and Price
a. The price for the supply of Goods will be specified in the invoice or account issued by the Supplier to the Customer.
b. Unless otherwise stated, the price for the supply of any tiles by the Supplier will be on a per square metre basis.
c. On ordering, the Purchaser agrees to pay the price set out by the Supplier in the invoice and agrees that these Terms and Conditions apply to the agreement for sale.
d. No order for Goods is binding on the Supplier until it is set out in an invoice.
e. Unless otherwise expressly stated, all prices or other sums, payable under or in accordance with this Agreement are inclusive of GST.
a. Unless the Customer is a Commercial Credit Trade Account the Purchaser will pay for the Goods before the time specified by the Supplier for delivery or collection of the Goods.
a. The Purchaser will, unless the Supplier and the Purchaser otherwise agree, bear the cost of delivery of the Goods.
b. The Supplier will make all reasonable efforts to have Goods delivered to the Purchaser by the date agreed between the parties, but the Supplier will not be liable for:
i. any failure to deliver, or delay in delivery, of Goods
ii. any damage or loss due to unloading or packaging of Goods (including damage to vehicles when loading at the Suppliers premises); and
iii. any damage to property caused upon entering premises to deliver the Goods.
b. Upon delivery or collection and prior to laying, installation or use of any Goods, the Purchaser will inspect the Goods as appropriate as to the type, quantity, quality, aesthetics, appearance, shade, colours, layout patterns, suitability of purpose and any other characteristic of the Goods.
c. If any Goods are damaged or wrongly supplied, the Purchaser may return those Goods in accordance with clause 5.
d. The Purchaser will be deemed to have accepted delivery of the Goods in the following events:
i. failure by the Purchaser to return Goods in accordance with clause 5; or
ii. laying, installation or use of the Goods in any way by the Purchaser.
iii. The Purchaser will indemnify the Supplier against any losses, costs or expenses incurred by the Supplier due to any failure by the Customer to accept the Goods at the time of delivery or collection.
4. Characteristic of the Goods
a. The Purchaser acknowledges that Goods, which are tiles, supplied by the Supplier may contain, display or be subject to any one or more of the following characteristics:
i. crazing, spots, specks and blemishes;
ii. variations in colour, shade, size, pattern, veining, marking, texture, durability, density, size, weight, dimension, surface and finish, and may fade or change colour over time; and
iii. optical effects such as hazing or smudging at varying light sources and at differing angles.
iii. The Purchaser acknowledges that Goods which contain, display or are subject to any one or more of the characteristics referred to in clause 5.a. are not defective or of unacceptable quality by reason of any of those.
iiii. Tiling size is nominal only. Shrinkage rates vary from time to time depending upon firing temperatures and small variations occur from batch to batch. All variations shall be within Australian Standard AS4662-3003.
5. Return of Goods
a. The Purchaser may reject and return Goods to Tile Republic provided that:
i. the Goods are damaged, wrongly supplied, defective or not in accordance with the Sales Invoice;
ii. the Goods are returned within one month of the date of the invoice or account issued by the Supplier to the Purchaser in respect of those Goods;
iii. the Purchaser notifies the Supplier of the invoice or account number in respect of the Goods to be returned;
iiii. the Goods are returned in the original state or condition in which they were supplied, and remain in original boxes together with all packaging and instruction material; and
iiiii Goods are in as new condition as is reasonably possible, and are from current stock held in store by the Supplier and, if applicable, matching current stock shade.
c. All Goods returned by the Purchaser are subject to assessment by the Supplier, and the Supplier may, if permitted by the Australian Consumer Law or any other law, refuse to accept the return of the Goods at its sole discretion.
d. Unless the Supplier and the Purchaser otherwise agree in writing, the Customer will bear the costs of delivery when returning any Goods.
e. Subject to the Purchasers rights under the Australian Consumer Law, the following Goods cannot be returned by the Purchaser to the Supplier under any circumstances:
i . those that were specially made, sourced, ordered or purchased for the Purchaser;
ii. those that were used, installed, laid, damaged or altered in any way by the Purchaser;
iii. those that were sold to the Purchaser at wholesale or discounted prices, or as second grade or quality; or
iiii. those that are no longer in stock in store by the Supplier or have been discontinued.
f. Goods returned in accordance with this clause will be subject to a restocking fee. The restocking fee will be 30% of the price (plus GST) agreed in the Contract for the relevant Goods.
6. Title to the Goods
a. The Purchaser agrees to keep and securely store all Goods delivered by the Supplier until all invoices issued by the Supplier to the Purchaser have be paid in full. The Goods will be stored in a way that allows for them to be readily identifiable.
b. Title in the Goods will not transfer until all monies payable to the Supplier have been paid.
c. The Purchaser irrevocably gives the Supplier and its agents or employees, leave and licence to enter the premises where the Goods are located, without notice to search for, and remove any of the Goods supplied hereunder but not paid for.
d. If the Purchaser has resold any Goods, then the Purchaser will hold those proceeds on trust for the Supplier until such time that all monies payable to the Supplier have been paid in full.
7. Quality of the Goods
a. The Purchaser is obliged to make any complaint in writing the Purchaser may have as to goods, incorrect charges, incorrect delivery or non-delivery of goods within 14 days of being invoiced.
b. If the Purchaser fails to make a complaint under 1a. then they will be deemed to have accepted that the goods supplied were of merchantable quality and fit for the required purpose, that all charges were correct, that the goods were delivered, and that they have no claim for Defects
8. Limitation of Liability
a. If under the Australian Consumer Law or any other law any terms which apply to the sale of Goods under these Terms and Conditions cannot be legally excluded, restricted or modified then those terms apply only to the extent required by law. All terms, which would otherwise be implied by law, are excluded except as stated in these Terms and Conditions.
b. To the extent permitted by law, the Suppliers liability for any breach of these Terms and Conditions, and any or warranty implied by the provisions of the Australian Consumer Law, is limited to and will be completely discharged by any one of the following as determined by the Supplier in its absolute discretion:
i. the replacement of the Goods or the supply of equivalent Goods;
ii. the repair of the Goods;
iii. the payment of the cost of replacing the Goods or of acquiring equivalent Goods; or
iiii. the payment of the cost of having the Goods repaired.
c. Except as expressly provided in this clause and to the extent permitted by law, the Supplier is not liable to the Customer (and any party claiming through the Customer) for:
i. any claim made after laying, installation or use of the Goods;
ii. any claim made with respect to or in connection with any of the matters referred to in clause 5;
iii. any claim made under, or in connection with, these Terms and Conditions, in tort, under statute, in equity or otherwise in respect of any defects whatsoever in Goods for the loss or damage to person or property arising from or caused from such defects; and
iiii. any indirect, special or consequential loss or damage of any nature whatsoever resulting from or caused in any way by the Goods where indirect, special or consequential loss or damage’ includes:
a. any loss of income, profit or business; or
b. any loss of goodwill or reputation.