T&C - Sale of Goods


CONDITIONS OF SALE:

If you place an Order with Tiles Expo, the Conditions of Sale are applicable.

Definitions
1. Buyer and You means the purchaser of the Goods, whose details are set out in the invoice.
2. Goods means the products and, if any, services specified in the invoice.
3. Order means an order made between the Buyer and Tiles Expo for Goods as set out in the invoice.

General
4. Any Order accepted by Tiles Expo whether or not it is based on or results from a price list or an Estimate given by Tiles Expo is deemed to incorporate these Conditions of Sale. No variation or modification of or substitution for these Conditions of Sale shall be binding unless agreed to by Tiles Expo in writing.
5. All express or implied representations, conditions, statutory guarantees, warranties, and provisions (whether based on statue, common law, or otherwise), relating to these Conditions of Sale that are not contained in it, are excluded to the fullest extent permitted by law.

Tiles Expo’s Estimates
6. Tiles Expo’s Estimates are an estimate of costs only and are not a binding contract for sale.

Drawings and Descriptions
7. All specifications, drawings and particulars of sizes and dimensions submitted to Tiles Expo are approximate only and any deviation from any of these things does not invalidate any contract with Tiles expo or form grounds for any claim against Tiles Expo.
8. Any descriptions, illustrations and performances contained in catalogues, price lists and other advertising matter do not form part of the contract of sale of the Goods or of the description applied to the Goods.
9. Where specifications, drawings or other particulars are supplied by the Buyer for the purposes of the Goods order, Tiles Expo’s price will be calculated on the basis of estimates of quantities required to provide the Goods as specified, drawn or otherwise particularised by the Buyer. If there are any adjustments in quantities above or below the quantities as set out in the Order, then any such increase or decrease will be adjusted on a unit rate basis according to unit prices set out in the Order.
10. Quantities include an allowance for wastage and breakages. Tiles Expo highly recommends that you have a third party measure your plans to confirm quantities. Tile sizes indicated are nominal only.
11. Not with standing any samples exhibited to the Buyer, the sample was so exhibited solely as a guide for the Buyer to judge for themselves the quality of the Goods, and not as a sale by sample. Variations can occur between batches of tiles and the Buyer is aware that the Goods received could be different from the sample exhibited.
12. When a new batch of tiles is ordered please be aware that this new batch can vary in shade, calibration (size) and texture to the original selected. This is an inherent characteristic in all ceramic/porcelain tiles. Please check before ordering/ installing.

Risk and Title
13. Risk in each order passes to the Buyer upon delivery of the Goods or collection of the Goods by the Buyer, their agent or courier as the case may be.
14. Tiles Expo reserves all rights in relation to the Goods until all accounts owed by the Buyer have been paid to Tiles Expo. These are rights including, but not limited to:
   (a) the ownership of the Goods;
   (b) entering the Buyer’s premises (or the premises of any associated company or agent where the goods in question are located) without liability for trespass or any resulting damage and retake possession of the goods; and subject to;
   (c) subject to and in accordance with, the Personal Property Securities Act 2009 (Cth), to keep or resell any Goods repossessed pursuant to paragraph 14(a)(ii) above.

Deposits / Securing the Price
15. All deposits are non-refundable.
16. A 25% deposit is required to hold stock for your order and/or the quoted or promotional price, except where the stock is discontinued, clearance stock or special ordered Goods.
17. The balance of the payment must be paid within 30 days or prior to pick up or delivery, whichever occurs first.
18. Prior to installation, use or modification, you must ensure that the Goods are correct as ordered, suitable for use and that you have sufficient tiles to complete the job
19. Discontinued lines, end of batch or damaged stock are sold as is.. A 50% deposit is required to hold stock that is discontinued, end of batch, damages or otherwise clearance lines.
20. Special ordered tiles require a 50% deposit.
21. Promotional sales are valid for the term of the month of the specified promotional period and may be honoured up to 30 days after the sale period ends, at Tiles Expo’s discretion. The balance of the payment must be paid within 30 days of the Order being placed.

Orders
22. Tiles Expo recommend that you place your Order with as much notice as possible to secure availability. Tiles Expo reserves the right to accept or reject in whole or in part any Order made.
23. Prices provided are inclusive of GST unless otherwise stated. Quantities ordered will be rounded up to the nearest box.
24. The balance of payment for the Order must be paid in full before delivery or collection from a branch. Payment plans up to 180 days may be discussed with your consultant and granted at Tiles Expo’s discretion.
25. Prices quoted are calculated at the date of issue of a relevant quotation and include rates provided by third party providers. These third party rates include the cost of freight, insurance, customs duties, exchange, shipping expenses, sorting and stacking charges, cartage, rate of water, cost of materials and other charges affecting the cost of production (Third Party Rates). Third Party Rates may vary slightly from the date of the quotation to the time of delivery of the Goods. The Buyer will be liable for any increase in the Third Party Rates.
26. If Tiles Expo makes any alterations to the price of the Goods or to any of their inputs either before acceptance of or during the currency of the contract, these alterations are for the Buyer's account.
27. Payment can be made via credit card, EFT, cash or cheque in store. Banking Details are as follows:
    Account Name: Salomone Projects PTY LTD T/A Tiles Expo
    BSB: 086 – 006 Account Number: 452 504 162
28. In the description please include your Order number (found on the top right hand side of your estimate/Order) and your surname. Please allow 2 days for payment to clear. You must email a copy of your receipt to your consultant.

Delivery of Orders
29. The approximate delivery time from date of Order is 12 weeks. Where extra quantities are required they must be ordered within this time. All delivery times are dependent on the availability from the supplier.
30. Tiles Expo will use reasonable efforts to deliver the goods by the date and place specified to you, however, delivery dates are estimates only. Time is not of the essence.
31. Any delay does not give you the right to cancel an order or to terminate these Conditions of Sale.
32. Tiles Expo is not liable for any failure to provide goods due to transportation or shipping delays or any other circumstances that are beyond Tiles Expo’s control.
33. Tiles Expo may, at its option, deliver the Goods to the Buyer in any number of instalments unless there is an endorsement overleaf to the effect that the Buyer will not take delivery by instalments.
34. If Tiles Expo delivers any of the Goods by instalments and any of those instalments is defective for any reason:
    (a) this does not constitute a repudiation of the contract of sale formed by these conditions; and
    (b) the defective instalment is a severable breach that gives rise only to a claim of compensation.
35. If you fail to take delivery of Goods provided by Tiles Expo and pursuant to an Order, Tiles Expo reserves the right to charge you a restocking fee of 20% of the value of that Order.

Acceptance of Goods
36. Before installation, use or modification, the Buyer must ensure the Goods are correct as ordered, suitable for use, and free from defect. If there are any issues, you must immediately and no later than 7 days after delivery acceptance, report any issues to Tiles Expo. If the Buyer fails to give such notice to Tiles Expo within that time, the Goods shall be deemed to be in all respects in accordance with the Order and the Buyer is responsible to accept and pay for same.
37. Tiles Expo will not be responsible for any size or colour variation once the tile has been laid, attached or otherwise incorporated into any real or personal property. It is the Buyer’s responsibility to check for variation or defect prior to installation.
38. Tiles Expo provides no guarantee or advice for installation, fixing, grouting or maintenance of the Goods. It is the responsibility of the Buyer to find an experienced tiler and Tiles Expo is not responsible for the Goods after installation. No Goods are guaranteed against chipping, crazing and wearing unless confirmed in writing by Tiles Expo. Optical hazing is not a defect and no claims will be recognised. Tiles Expo is not responsible for damage to your tiles by cleaning products.

Shortage
39. The Buyer waives any claim for shortage of any Goods delivered if a claim in respect for short delivery has not been lodged with Tiles Expo within 7 days from the date of receipt of the Goods by the Buyer.

Picking Up Orders
40. When collecting your Order from the Selby Warehouse or a local Branch, it is important to provide adequate transport, capable of carrying the full weight of the whole order. Staff can provide weight details at time of ordering. For orders over 20m2 either a trailer or utility vehicle will be necessary. Please check the load capacity of your vehicle and provide your own tie-down straps. Due to Work, Health & Safety regulations, tiles packed onto pallets cannot be hand loaded into your car. Tiles cannot be spilt loaded.
41. Selby Warehouse: Requires minimum 90 minutes’ notice. Ordering is to be done prior with your consultant. You will need your order number for collection, located at 314 Selby St Osborne Park.
42. Branches: Due to our large volume of stock, showrooms are unable to hold stock. All Orders require prior ordering through your consultant and Orders will be supplied to the specified store within 2/3 business days.
43. Tiles Expo is not responsible for the goods once they are picked up from Selby Warehouse or a local Branch either by you or a third party courier service.
44. Tiles Expo do not recommend third party courier services and take no responsibility for late deliveries or Goods damaged in transit. It is the responsibility of the customer to take necessary care to ensure their Goods for late delivery or damaged Goods.

Deliveries
45. Tiles Expo’s delivery service includes pallet drop off with a forklift into a garage or other easily accessible area. Only ground floor deliveries are made.
46. Due to the high volume of deliveries per day Tiles Expo is unable to give you an exact delivery time. However, upon request our delivery team will contact you 1 hour prior to the Goods being delivered.

Cancellation of Order
47. No Order may be cancelled by the Buyer except with the written consent of Tiles Expo.
48. Cancellations must not be made on special ordered tiles, for discontinued lines, end of batch or damaged stock or promotional sale goods.
49. If a cancellation in writing is accepted by Tiles Expo, it will be subject to a restocking fee of 20% of the value of that order. Such an amount is a reasonable pre-estimate of the losses that Tiles Expo will incur in such circumstances.
50. Tiles Expo may cancel any order which it cannot fulfil for any reason.
51. A termination fee of 20% of the value of the total order applies to any orders that are cancelled.

Returns / Credits
52. A 20% handling charge will apply to all returns. All accepted returns will be subject to a credit refund. No credit refunds will be granted 30 days after invoice date.
53. Requests for returns must be made in writing within 7-14 days of the invoice date subject to supplier’s confirmation of the same batch. All returns must be accompanied with the original invoice and a delivery docket.
54. Returns will only be accepted if they are returned in the same condition as received. Full boxes only are accepted and tiles must be in a saleable condition including the box and from a batch that is currently in stock. Mosaic / Décor tiles sold as single units are accepted as such.
55. Returns will not be accepted on sale items, discontinued lines, non-stocked items, special ordered tiles or tiles no longer in stock.
56. Credit refunds are issued directly from Head Office via Credit Card or Net Bank facilities only.

Place of Contract
57. This agreement shall be governed by and construed in accordance with Western Australian law. The parties submit to the non-exclusive jurisdiction of the courts and tribunals of the governing law jurisdiction. Nothing in this clause is intended to undermine the jurisdiction of the Federal Court of Australia or Federal Circuit Court of Australia.

 

 

 

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