Terms and Conditions of Sale
- INTERPRETATION
Unless inconsistent with the context:
"Agreement" shall mean and include the terms and conditions contained herein, "Company" shall mean and include Marbletrend Pty. Ltd. (ABN 65 109 273 912) trading as Marbletrend.
"Customer" means and includes any natural person, company, partnership or other entity which enters into this agreement with the company.
"Goods" means the goods and/or services supplied by the company pursuant to this agreement. - EXCLUSION OF INCONSISTENT TERMS
Any terms and conditions of the customer’s order deviating from or inconsistent with these terms and conditions (including any statement by the customer that the customer’s terms and conditions shall prevail) are expressly excluded. Subject to Clause 20, this agreement constitutes the entire agreement between the parties. - ACKNOWLEGEMENT
3.1 Acknowledge having read and agree to the terms and conditions of sale of the company included in this agreement and that such terms and conditions will extend to every contract entered into by me with the company and its associated entities.
3.2 Warrant that the information supplied is true and correct
3.3 Authorise the company to obtain a report from a credit reporting agency which contains details of my personal and commercial credit information as permitted under the Privacy Act, as required by the company for the purpose of this application for credit and to assess my application for credit on an ongoing basis and/or to collect overdue payments in respect of the commercial credit provided to me.
3.4 Authorise the company to obtain a report from trade suppliers as to my credit worthiness. - PAYMENT
Acknowledge and agree that in the event of the company approves a credit account, the trading terms of the company are strictly 30 days from the date of monthly statement - DELIVERY
5.1 Goods shall be delivered to the address specified in the credit application as the address for delivery unless otherwise agreed to between the parties. 5.2 In the event that a delivery date is specified by the customer; the customer shall use its best endeavours to comply with the customer’s requests. In no circumstances will the company be liable for any loss or damage of any kind whatsoever in the event that is not able to comply with the customer’s requests for delivery at a certain time. The customer acknowledges and agrees that it will not make any claim against the company for any loss or damage incurred as a result of a late delivery. 5.3 The goods will be delivered by the company to the customer free into the store to any one site in the Melbourne Metropolitan area. If delivery is required beyond the metropolitan area or to more then one address, written notice must be provided to the company at the time of order and the customer will be responsible for payment of any additional costs unless another agreement is mutually agreed upon. - CREDIT FACILITY
Acknowledge that the credit facilities may at any time be suspended or withdrawn without notice. - INTEREST
Acknowledge and agree that in respect of any amounts as may from time to time be overdue the company may charge interest at the rate or rates applicable from time to time pursuant to the Penalty Interest Rates Act (Vic) 1983. - COSTS AND OTHER EXPENSES
Acknowledge and agree to pay all expenses (including commission charged by a collection agency and legal costs calculated on a solicitor/client basis) which the company may incur in the process of recovering any amounts outstanding by the customer to the company. - SECURITY
Acknowledge and agree to lodge in favour of the company all my estate and interest and any asset or trust asset including and land in which I have an interest or in which I may later acquire in interest during the terms of this agreement. - OWNERSHIP OF GOODS
Acknowledge and agree that they company reserved the following rights in relation to goods supplied to the customer until all monies owned by the customer to the company are fully paid:-
(i) legal ownership of goods supplied;
(ii) to enter the customers premises (or the premises of any associated company or agent where the goods are located) without liability for trespass or any resulting damage and re-take possession of the goods supplied; and
(iii) to keep or re-sell any goods re-possessed pursuant to (ii) above.
If the goods are re-sold by the company, the company will be entitled to apply such proceeds of sale toward payment of all or part of the monies outstanding to the company. Notwithstanding the provisions above, the company shall be entitled to maintain an action against the customer for the balance of monies outstanding including interest and expenses referred to in clauses 10 and 11 above.
(iv). Acknowledge and agree that the risk of the goods supplied shall pass customer upon delivery notwithstanding 13(a). - CHANGES TO PROPRIETORSHIP
The customer hereby undertakes to advise the company within 7 days by certified mail of any actual or proposed change in:-
(i) the address of the business and the address at which the goods will be locates (if it differs to the business address)
(ii) the trading name of the business
(iii) the person(s), the directors, the trustee or the partnership conducting the business; and
(iv) the proprietorship of the business in that the business is converted into a trust or company or is sold to a trust or company
The customer further accepts and agrees that where such a change occurs the company will require that a new application for credit facilities will be sought and considered and the customer will sign all documents and do all acts and thins appropriate for such new application for credit facilities. - PROPER LAW
The contract between the company and the customer shall be governed and construed according to the laws of Victoria and the customer agrees to submit to the jurisdiction of the courts located in the capital city of Victoria. - WAIVER
The wavier by the company of any breach by the customer of any term of this agreement shall not prevent the subsequent enforcement of the term and shall not be deemed a wavier of ant other or subsequent breach. - CLAIMS
(i) The company reserves the right in its complete discretion to refuse to accept any returns whatsoever and no return of allegedly defective goods will be accepted by the company unless it has given prior authorisation for the return.
(ii) The customer will be deemed to have accepted the goods as being in accordance with its order unless it notifies the company of its claim within 14 days of receipt of the goods.
(iii) Any goods authorised for return by the customer shall be returned at the customer’s expense. Such a fee will be advised by the company to the customer prior to the return of the goods. - WARRANTY
Provided that the recommended installation procedures are used by the company will guarantee that supply of a replacement product where a faulty in a vanity top or shower base is proved to be cause by faulty manufacture or materials for a period of ten years from the due date of the invoice. This warranty applies only to vanity tops and shower bases manufactured by the company and will be voided if water temperature from the tap or shower hose exceeds 65°. - INDEMNITY
The customer shall indemnify and keep indemnified the company from and against all losses, claims, proceedings, damages, costs and expenses in respect of or arising directly or indirectly from:-
(i) The goods or their use
(ii) From any advice given to the customer by the company save and except and provided for in clause 20; and
(iii) Any breach by the customer of the terms of this agreement. - IMPLIED TERMS
17.1 Except as required by statue (including Trade Practices Act 1974), all implied conditions and warranties are hereby excluded. Subject to the extent that such conditions and warranties cannot be excluded under statue (including the Trade Practices Act), the customers sole and exclusive remedy for any breach of a condition warranty or undertaking hereunder (whether indirect, direct, special or consequential) shall be limited at the sole discretion of the company to anyone of the following, in the case of goods;-
(i) the replacement of goods or supply of equivalent goods; and
(ii) the repair of the goods.
17.2 Except as required by the statute (including Trade Practices Act 1974) the company does not accept any liability for any direct, indirect, or consequential loss or damage caused to the customer or any person which arises out of negligence or carelessness of the company or any of its employees, servants or agents. For the purpose of the foregoing “consequential loss” shall include, but is not limited to, loss of profit or goodwill (or similar financial loss), any payments made or due to any third party and any loss or damage caused by delay in the supply of goods or services.
17.3 Nothing in this agreement shall be read or implied so as to purport to exclude restrict or modify or have the effect of excluding, restricting or modifying the application in relation to the supply of any goods or services pursuant to this agreement of any other relevant Act which by law cannot be excluded restricted or modified.