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Italia Ceramics Pty Ltd TERMS & CONDITIONS OF TRADE
1. General In these terms and conditions of Trade:
1.1 “IC” means Italia Ceramics Pty Ltd ABN 77 603 343 111.
1.2 “the Buyer” means the person, company, partnership or Trust placing an order with IC for Goods and where there is more than one party, the liability of the Buyer for any debt shall be joint and several.
1.3 “Goods” means all Goods (and where relevant including services) supplied by IC to the Buyer whether or not such Goods are subject of invoice delivery or receipt docket and without limiting the generality thereof includes tiles of any nature, granite, marble and any other stone product and all associated materials or products in relation thereto. “GST” means any consumption tax imposed by the government whether a point of sale or some other specified occurrence by whatever name.
2.1 Unless a commercial credit account has been established or otherwise agreed in writing, IC terms require either:
2.1.1 full payment on all orders at time of placement of order, or
2.1.2 50% part payment on all orders at time of placement of order and the balance to be paid before dispatch.
2.2 Strictly no C.O.D. (cash on delivery) terms.
2.3 Where Goods ordered and not paid for in full and not dispatched seven (7) days after agreed time, then any deposit or part payment made will be forfeited after that time.
2.4 Any payments made are non-refundable if order cancelled.
2.5 Credit card payments by account customers may attract a fee of up to 3% at IC’s sole discretion.
2.6 All costs incurred by IC in collecting or attempting to collect any payment and enforcing or attempting to enforce any claim shall be payable by the Buyer to IC and where such costs are solicitor’s costs then the Buyer shall pay those costs on a solicitor’s own client basis.
2.7 The Buyer shall be liable to IC to pay interest on all payments and other charges due to IC from first day after the charges or payments are due for payment and such interest rate shall be at a rate equal to the usual rate charged by National Bank Limited on unsecured overdrafts over $100,000.00 and if such rate cannot be determined, then at the rate of 10% per annum with interest calculated on a daily basis and compounding.
3. Passing of Property
3.1 The property in any Goods shall not be passed from IC to the Buyer but shall remain with IC until payment in full of the Goods and not withstanding possession of the Goods, may pass to the Buyer unless IC declares by notice in writing given to the Buyer that property in Goods has passed.
3.2 Immediately after giving such notice the property in the Goods shall pass to the Buyer and IC shall be entitled to rely on property having passed for the purposes of maintaining an action to recover the price payable for the Goods or for any other reason.
3.3 The Buyer hereby authorises IC to enter onto its premises during normal business hours for the purpose of retaking possession of any Goods in respect of which payment is not being received by IC after the expiry of seven (7) days’ notice and IC may without further notice, enter onto any premises where it suspects the Goods may be and remove them not withstanding that they may have been attached to other Goods or property not the property of IC and for this purpose the Buyer irrevocably licenses IC to enter such premises and also indemnifies IC from and against all claims, actions, costs, demands or liability by any person arising from such action.
3.4 The Goods are held by the customer as fiduciary bailee and agent for the Vendor.
4. GST Unless otherwise stated all prices quoted by vendor are net, exclusive of Goods and Services Tax (GST).
5. Quantities We request that all quantities be checked by an installer or contractor, as IC takes no responsibilities for discrepancies in quantities. Although IC may have assisted in preparation of quantities for material on this transaction, all quantities must be checked by a contractor or installer. Any additions or changes to the order could delay the dispatch date and may result in shade variation.
6. Holding of Goods
6.1 Unless otherwise agreed in writing, strictly no holding orders.
6.2 IC will not be liable for any loss or damage howsoever or whatsoever in relation to Goods whilst being held in storage at the premises after the date of sale if so required by the Buyer.
6.3 IC will not be liable in the event any product held in storage at the request of the Buyer is subsequently discontinued or has a different shade range from the product sold and delivered.
6.4 In the event IC is requested to hold Goods for any period in excess of fourteen (14) days after the agreed date of dispatch then the Buyer will in any event
6.4.1 pay for all orders in full at time of placement of order, and
6.4.2 pay a minimum storage fee of $50 per pallet per week.
7. Delivery of Goods
7.1 Orders must be collected or delivered within twenty eight (28) days of date of order.
7.2 Arrangement of delivery of Goods is at the option of the purchaser. Unless advised by the purchaser, IC will only arrange, on the purchaser’s behalf and at the purchaser’s cost, for delivery of Goods to the purchaser’s premises.
7.3 IC is not a common carrier and does not accept any obligation of liability of common carriers. IC may refuse the handling, lifting and/or carriage of Goods for any person of any class at our discretion, and without being bound to give any reason for such refusal.
7.4 No coverage of insurance or whatsoever is allowed to any paid Goods.
7.5 Any damage which occurs during transit should be claimed from carrier. No claims can be accepted after dispatch of Goods.
7.6 The Buyer acknowledges and agrees it shall be deemed to have accepted delivery and liability for Goods immediately IC notifies the customer that any orders are ready for collection or they are placed with a carrier or delivered to the customer’s premises or site whether attended or not.
7.7 A certificate purporting to be signed by an officer of IC confirming delivery shall be conclusive evidence of delivery as shall any signed delivery docket.
7.8 Delivery and availability dates are estimates only, no liability is accepted for delay from any cause whatsoever.
8. Checking of Goods It is the responsibility of the Buyer to ensure that they (the Buyer), its tiler or builder check tiles before laying them.
8.1 Prior to laying the Buyer, tiler or builder must:
8.1.1 Inspect tiles for any defect.
8.1.2 Check that tiles delivered to site are the correct quantity, colour, shade and size as ordered or selected.
8.1.3 Check that the shades are consistent through the batch delivered.
8.1.4 Ensure that there are enough tiles on site for project. If not, order more of the same batch (tonality) before tiling commences to avoid problems with quantities, colour and shades,
8.1.5 Check suitability of adhesive, sealant, grout and waterproofing,
8.1.6 Ensure that the base upon which the tiles are to be laid has been correctly prepared.
8.2 It is the responsibility of the Buyer to ensure that during tile laying they (the Buyer), its tile or builder:
8.2.1 Inspect the tiles for any defect,
8.2.2 Mix tiles from several boxes to ensure optimal ‘blending’ of any inherent shade variation,
8.2.3 Always clean any adhesive, grout and wax from the surfaces of tiles,
8.2.4 Ensure that any polished or honed porcelain tiles or natural stone are thoroughly cleaned and then sealed if required.
9. Warning – Laying of Tiles
DO NOT LAY TILES if there is any concern regarding quality, size, colour, shade or variation of the batch on site and the Buyer should contact IC immediately on +61 (08) 83362366 if any problems exist. Installation constitutes acceptance of the product.
10.1 IC will not accept any claims for replacement, repair or reimbursement once tiles have been laid if that claim is for defects, size, shade variation, incorrect delivery or any other fault that should have reasonably been obvious or apparent before laying commenced or the Buyer, the tiler or the builder did not ascertain because of a failure to observe the recommendations herein.
10.2 IC and the Buyer 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 IC is limited to the replacement of the Goods or supply of equivalent Goods or the cost of such replacement or supply.
11. The Goods are sold and it is hereby agreed by the Buyer that they are accepted by the Buyer upon delivery as being:
11.1 the quality,
11.2 the size,
11.3 the colour,
11.4 the shade,
11.5 the specification; as ordered and stated on IC’s invoice.
12. The Buyer must:
12.1 Within 48 hours of delivery give notice in writing to IC of any complaint concerning the Goods.
12.2 Within two (2) business days after giving the notice aforesaid, obtain from IC written confirmation of receipt of the Notice aforesaid or any agreement on any credit for those Goods.
12.3 Upon failure of either of the aforesaid the Buyer is deemed to have no claim howsoever or whatsoever against IC with respect to the quality, size, colour, shade or otherwise of the Goods.
13. Tile & Stone Care and Maintenance Tiles and Stone surfaces require a certain level of ongoing care and maintenance. Refer to the “Care & Maintenance” section at www.italiaceramics.com.au for further information on caring for and maintaining your tile and stone surface.
14. Return of Goods
14.1 IC will not accept returns of Goods for credit under any circumstances other than for defective Goods not laid.
14.2 Where IC accepts returns of Goods for credit the following conditions apply to all Goods returned for this purpose with the prior approval of IC:
14.2.1 Prior arrangements must be made for all Goods to be returned for any reason. Authorisation must be obtained from IC for such return.
14.2.2 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 unopened carton lots only and matching current stock shade.
14.2.3 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 Buyer.
14.2.4 Other than for defective Goods a handling and re-stocking charge of minimum 20% of the price will be deducted on all returns.
14.2.5 Any Goods altered or damaged by the Purchaser cannot be returned for credit under any conditions.
14.2.6 No returns after 30 days from date of dispatch or 60 days from date of order, whichever is sooner, will be accepted.
14.2.7 Refunds over $100 will be paid by company cheque within 14 days from return.
14.2.8 All returns must be accompanied by a proof of purchase (tax invoice or receipt).
14.3 Strictly no returns on products sold as: ”2nds”, clearance products, end of lines, discontinued products, custom (special) orders, non-stock items and Goods purchased for stock.
15. Inherent Characteristics of tile & stone
15.1 Crazing and shade variations, texture, composition, glazing, variations in colour, grain structure, occasional pitting, veining and optical hazing and other features are an inherent characteristic of all ceramic/porcelain and/or fired clay products and/or composite products and/or glass products and/or natural stone products.
15.2 Goods are often prepared in different batches and batches can vary between them.
15.3 The Buyer acknowledges that prior to the laying of the Goods and/or installation of Goods the purchaser conducted thorough and complete inspection of the Goods including batch by batch and as a consequence no warranty or representation in respect of the Goods relating to crazing, texture, composition, glazing, shade variations, pitting, veining, optical hazing and other inherent characteristics or features of the products is given whether expressly or implied.
15.4 Products sold as “2nds” and clearance products may be imperfect or damaged and no warranty as to quality of fitness for any purpose is given or to be implied. These products are sold “As is”.
15.5 Refer to “Before You Buy” section at www.italiaceramics.com.au for further information on inherent characteristics of tile & stone.
16.1 There is no sale by sample.
16.2 Samples where given or displayed are indicative only i.e. show the type and general appearance of the product only, and all of the Goods must be examined by the Buyer thoroughly immediately upon delivery.
16.3 Samples not paid for remain the property of the seller.
16.4 Wholesale Customers – Samples paid for are not refundable.
16.5 Retail Customers – Samples paid for are refundable if returned within reasonable time, and that product is currently in stock, and matches current stock shade and in perfect condition.
17. Prevailing Law The laws of South Australia govern:
17.1 the Goods.
17.2 the Term and Conditions and any proceedings shall be bought in South Australian Courts.
18. IC and the Buyer agree and covenant that these Terms and Conditions were entered into at the registered office of IC and for the purchase of any litigation between IC and the Buyer any Court proceedings shall be conducted in the Magistrates Court of South Australia (Civil Division) at Adelaide where any claim is under $40,000.00 or in the District Court of South Australia at Adelaide where any claim exceeds $40,000.00 and the parties hereto hereby consent to those Courts having jurisdiction.
19. Title and Risk
19.1 Risk passes to the Buyer on dispatch of Goods.
19.2 The Buyer shall be bailee of the Goods in its possession.