- The Customer warrants that the information contained in this Agreement is true and correct and acknowledges that the Supplier will be relying on that information.
- Please adhere to payment terms displayed on the quote.
- Upon receipt of the deposit, the Supplier will commence manufacturing works on the Commencement Date or as soon as is practically possible in the circumstances.
- If the Customer defaults in payment of any of the Supplier’s invoices then:
- all monies owed by the Customer to the Supplier will immediately fall due and payable;
- the Customer (at the Supplier’s discretion) will pay interest on the amount payable at 15% per annum (interest accrues at the rate set out above on each unpaid amount which is due and payable by the Customer under or in respect of this Agreement both before and after judgment (as a separate and independent obligation));
- the Customer will pay the Supplier’s costs or expenses incurred by the Supplier in relation to any actual or contemplated enforcement of the Agreement, or the actual or contemplated exercise, preservation or consideration of any rights, powers or remedies under the Agreement which includes legal costs and expenses and collection charges on a full indemnity basis; and
- the Customer charges as beneficial owner and as trustee of every trust all the Customer’s land (including land acquired in the future) in favour of the Supplier to secure the payment of the amount payable.
Application of Payments
- Any money paid by the Customer will be applied firstly to interest and secondly to costs and lastly to capital. Further, when applied to capital amounts the payment will be applied to the oldest invoice first.
- A statement of account verified by the credit manager, director and/or secretary of the Supplier or his/her nominee will be prima facie evidence of the sum due and owing by the Customer as at the date of that account.
Risk and Title
- The risk in the Goods pass to the Customer on delivery.
- The Customer agrees that legal and equitable title to the Goods is retained by the Supplier until the Supplier receives payment in full from the Customer for the Goods.
- Prior to title in the Goods passing to the Customer, the Customer
- holds the Goods as bailee and fiduciary agent of the Supplier;
- where the Customer processes the Goods, either by using the Goods to produce other goods or by incorporating the Goods in or with any other goods, holds such part of the new goods (“Processed Goods”) on trust for the Supplier as bailee and fiduciary agent of the Supplier;
- must store the Goods and such part of the Processed Goods separate from its own goods and those of any other third party in such a way as to clearly indicate at all times that the Goods and such part of the Processed Goods are owned by the Supplier; and
- must ensure that, at all times, the Goods and such part of the Processed Goods are properly stored, protected, readily identifiable and insured.
- If before the installation of the Goods, there is a breach of the Agreement by the Customer, including, without limitation, default in payment, the Customer must return the Goods to the Supplier immediately on demand. If the Customer does not return the Goods to the Supplier on demand, the Supplier will be entitled (without further notice) to enter upon any premises of or occupied by the Customer at any time to do all things necessary to recover the Goods.
- The Customer hereby grants full leave and irrevocable licence to the Supplier and any person authorised by the Supplier to enter upon any premises where the Goods may for the time being be placed or stored for the purpose of retaking possession of the Goods.
Claims, Warranty & Indemnity
- Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
- The Customer must inspect the Goods upon delivery and if the Customer believes the Goods are damaged, incorrect or otherwise not in accordance with the Agreement or the Customer’s order/instructions, the Customer must give written notice to the Supplier
- setting out full particulars and evidence of the Customer’s claims,
- providing the original invoice and delivery docket.
within 7 calendar days of delivery of the Goods.
- If the Supplier does not receive that written notice from the Customer with the specified seven (7) days, the Customer is deemed to have accepted the Goods and the Customer waives and abandons any claim against the Supplier
- in respect of the Goods; and
- in connection with the Goods or any related matter.
- If the Customer gives notice under clause 16, the Customer must not paint, stain or apply any surface finishing whatsoever until the Goods have been inspected by the Supplier, replaced or repaired as the case may be.
- To the extent permissible by law, including the Australian Consumer Law, even if the Customer complies with clause 16 the entire extent of the Supplier’s liability is limited to the replacement or repair of the defective Goods together with transportation costs.
- To the full extent permitted under law (including the Australian Consumer Law) the Supplier gives no warranty to the Customer in relation to the condition or capabilities of the Goods. In the event that a warranty does apply then such warranty shall be limited to 2 years from the date of practical completion of the works.
- Where those laws allow the Supplier to limit liability for breach of implied conditional warranty, the Supplier hereby limits liability to replacement, repair or resupply.
- The Supplier will not be liable to the Customer or any other person for any indirect or consequential loss or damage. In addition, the Customer will indemnify and hold harmless the Supplier from any direct, indirect or consequential claim, loss, expense or damage suffered by the Customer, third parties or other persons arising from the install, supply, use or otherwise of the Goods.
- Any warranties, representations, or implied terms that may be implied pursuant to the Fair Trading Act (WA) or the Sale of Goods Act (WA) or any similar legislation are expressly excluded from this Agreement to the fullest extent permitted under law.
- To the extent permissible by law, including the Australian Consumer Law, the Customer acknowledges that all timber products are natural products and there may be timber shrinkage as well as variations in colour, shade and/or pattern. The Supplier will not be liable for natural timber shrinkage, variations in colour, shade or pattern. The Customer acknowledges that the Goods are man made from wood meaning that there may be slight defects and imperfections in the manufacturing process and the Goods.
- If any provision of this Agreement
- is or becomes void, voidable, illegal or unenforceable in its terms;
- would not be void, voidable, illegal or unenforceable if it were read down; and is capable of being read down,
then that provision will be read down accordingly.
- If, notwithstanding the above clause, a provision of this Agreement is still void, voidable, illegal or unenforceable, then:
- if the provision would not be void, voidable, illegal or unenforceable if some words were omitted, those words are severed; and
- otherwise, the whole provision is severed and the rest of this Agreement will be of full force and effect.
- The Customer agrees to ensure floors, wall furnishings, coverings, furniture and fittings are protected or removed to enable the Supplier to install the goods free of all obstructions.
- The Customer agrees that the Supplier will not be liable for damage to floors, wall furnishings, coverings, furniture and fittings which have not been reasonably protected or removed by the Customer.
- The Customer agrees that the date of delivery or installation specified is an estimate only and the Supplier will not be liable for delays beyond the control of the Supplier.
- In the event that the installation date is postposed by the Customer within 24 hours of the scheduled commencement time, the Customer agrees to pay a cancellation fee of $200.
- The Customer acknowledges that the Supplier is not responsible for the installation of necessary foundations (if required) unless expressly agreed in writing that the Supplier is to install foundations.
- The Customer agrees that if the Supplier is required to complete work outside of usual business hours, including weekends, the Supplier may adjust the price accordingly.
- In the event that the price of labour or materials increases by no more than 5% of the quoted price for any reason whatsoever, the Supplier may adjust the price accordingly and the Customer agrees to pay the additional cost.
- In the event that the price of labour or materials increases by more than 5% of the quoted price for any reason whatsoever, the Supplier may render a written variation order to the Customer. If the Customer does not agree to the variation order within 30 calendar days, the Supplier may immediately give notice of termination of the Agreement to the Customer.
- The Customer agrees that if the timber size quoted is not available, the Supplier may adjust the price accordingly.
- If there is any delay over 45 days between the quote agreement and job commencement, Supplier may adjust the price based on labour and material increases at the suppliers sole discretion and the Customer agrees to pay the additional cost.
- These terms and conditions are not to be constructed to the disadvantage of a party because that party was responsible for its preparation.
- The Customer acknowledges that the Customer has not relied on any oral statements, representations, undertakings, covenants or agreements in relation to the subject matter of this Agreement other than those referred to in this Agreement.
- No failure by the Supplier to exercise and no delay in exercising any right, power or remedy under this Agreement operates as a waiver. Nor does any single or partial exercise of any right, power or remedy preclude any other or further exercise of that or any other right, power or remedy.
- Unless otherwise stated, each indemnity, reimbursement or similar obligation in this Deed:
- is of a continuing nature and are independent of each other;
- is payable on demand; and
- survives termination or discharge of this Agreement.
- The rights, powers and remedies provided to the Supplier in this Agreement are in addition to, and do not exclude or limit, any right, power or remedy provided by law.
- This Agreement is governed by the law applicable in Western Australia and each party irrevocably and unconditionally submits to the non‑exclusive jurisdiction of the courts of Perth, Western Australia.