Returns Policy
GENERAL TERMS AND CONDITIONS OF OLDE
ENGLISH TILES AUSTRALIA
All contracts and agreements entered between
the Supplier and the Purchaser are subject to the “General Terms &
Conditions of
1. DEFINITIONS
The following words shall have where the context
so permits the following meaning:
“Sales Order” means the agreement between the
Supplier and the Purchaser comprised of the Quotation, the Purchase Order, and
these General Terms and Conditions of Sale;
“Date of Delivery” means the date upon which the
Goods are dispatched from the Supplier’s Premises to the Delivery Point;
“Delivery Point: means the address nominated by
the Purchaser as the place for delivery of Goods mentioned in the Sales
Order;
“Goods” means all materials, supplies, plant
equipment, machinery, stores, services and the like to be provided by the
Seller under this Sales Order;
“Date of Cancellation” means the date upon which
the Supplier receives a notice of cancellation from the Purchaser;
“Price” means the price the Supplier charges the
Purchaser for the supply of the Goods as indicated in the Sales Order;
“Purchaser “ means the person, firm or corporation
to whom the Sales Order is issued;
‘Purchase Order” means the purchase order provided
to the Supplier by the Purchaser, evidencing the Purchaser accepts the
Quotation:
“Quotation” means a document provided by the
Supplier to the Purchaser specifying the price the Supplier will charge the
Purchaser for the supply of the Goods;
“Stipulated Period means the period specified on
the Quotation as the period for which the quoted price shall apply;
“Supplier” means Olde English Tiles Australia Pty
Ltd ABN 97002435449;
“Supplier’s Premises” means the premises from
which the Supplier ordinarily conducts its business.
2. QUOTATIONS
UNLESS otherwise stated in a Quotation, the
Supplier will not alter any quoted price within
the Stipulated Period. However, as quoted prices are based on the supplier’s
estimated cost of production to manufacture or supply at the time of quotation,
after the Stipulated Period the Supplier may alter the quoted prices without
notice to the Purchaser. A quotation is not an offer by the Supplier to sell
and may be withdrawn without notice. Any Sales Orders given in respect of a
quotation is not binding on the Supplier until accepted by the Supplier in
writing. Unless otherwise expressly stated, prices quoted do not include
cartage costs for delivery from the Supplier’s Premises to the Delivery Point.
The price specified in the Quotation relates only to the type and quantity of
goods identified in the Quotation. The Supplier reserves the right to alter the
price if the quantity of Goods specified in the Sales order differs from the
quantity of Goods specified in the Quotation.
3. ENTIRE AGREEMENT
The Sales Order embodies the whole of the
agreement and understanding between the Supplier and the Purchaser with respect
to the supply of the Goods and is the only document which will be recognised by
the Supplier as authority for undertaking to supply the goods. The Sales Order
constitutes the entire agreement between the parties and supersedes all
previous negotiations and communications. The supplier’s Terms and Conditions
shall prevail where inconsistencies exist with the Terms and Conditions
contained in the Purchaser Order. The supplier reserves the right to decline,
by written notice to the Purchaser, to fulfil any Sales order in whole or in
part, at any time prior to the delivery of the goods or performance of the
services, in which case the supplier will be under no obligation in respect of
the Sales order. The Sales Order may only be varied by written agreement
between the parties.
4. VARIATIONS TO SPECIFICATIONS
Prior to the commencement of manufacture of the
Goods, the Purchaser may, by notice in writing, request the supplier to vary
the colour or specifications of the Goods which request the supplier may or may
not grant in its unfettered discretion. If the Supplier denies such request then
the Purchaser must accept and pay for the goods as specified in the relevant
Purchaser must accept and pay for the Goods as specified in the relevant
Purchase Order. The Supplier shall not vary the colour or specifications of the
goods unless and until requested to do so in writing by the Purchaser. If any
such request causes a change in the cost or time required for the manufacturer
and/or supply of the Goods then an equitable adjustment shall be made to the
Price and/or the terms of the Sales Order. The Purchaser is not entitled to
request the Supplier to vary the colour or specifications of the goods after
the commencement of manufacture of the Goods.
5. CANCELLATION
The Purchaser may, prior to the commencement of
the manufacture of Goods, by notice in writing to the Supplier, cancel the
Sales Order. In the event of cancellation, the Purchaser shall be
required to pay to the Supplier the Supplier’s actual out-of-pocket expenses
and any other reasonable expenses incurred by the Supplier prior to the Date of
Cancellation.
6. PRICE The Price is expressed in Australian
dollars and shall be determined by the supplier pursuant to an agreed price
payable per item or square metre rate or Supplier’s price list. Unless
otherwise stated in the Sales Order, prices shall not include Goods And
Services Tax (GST) which will be charged to the Purchaser’s account where
applicable. If GST is to be included, it shall be stated separately. All Custom
Duty and the other like charges shall be stated separately.
7. TERMS OF PAYMENT
Unless otherwise agreed the goods must be paid for
in full prior to the Delivery Date. Where the Supplier agrees to accept the
Payment from the Purchaser on a credit account:
The Supplier shall invoice the Purchaser for
payment of each delivery made by the Supplier or for goods not delivered but
available for the Purchaser to take possession at the Supplier’s Premises.
Payment to the supplier is not subject to the Purchaser receiving payment for
the Goods. The Purchaser must make all payments to the supplier without
deduction, set-off, or counter-claim and no amounts are to be deducted from any
payments as security retentions or for any other reason unless the Supplier
agrees to such deduction in writing. Payment is required to be made by the
Purchaser as follows: 25% of the Price on confirmation of order. The balance of
the Price due and payable prior to Delivery. In the case of custom-made
hand-painted goods full payment (100% of the Price) is required on confirmation
of order, and no cancellations or returns are accepted (see #25: RETURNS, para.
C).
8. DEFAULT IN PAYMENT
Any delay or default by the Purchaser in payment
of any monies due to the Supplier is a substantial breach of the Terms and
Conditions of the Sales Order. The Supplier may without prejudice to its other
rights power or remedies provided by law, withhold deliveries on the relevant
Sales Order and all other Sales Orders placed by the Purchaser until the due
payment are made. Recurring payment default may lead to the Purchaser’s account
with Supplier being closed and any further Sales Order placed by the Purchaser
will only be processed when pre-paid in cash or by bank cheque. A failure or
delay by the Supplier to exercise a power or right under this paragraph 8 does
not operate as a waiver of that power or right or a waiver of the breach which
gave rise to that power or right.
9. COMPLETION OF GOODS
The Purchaser’s obligation to pay for the goods is
not conditional on the Purchaser’s willingness and/or readiness to take
delivery of the Goods. If the Goods are manufactured and completed by the
Supplier and the Purchasers is not ready to take delivery of the goods, then
the Purchaser is required to pay for the goods and for all costs incurred in or
about the storage of the Goods.
10. WARRANTY
The Supplier acknowledges that there are certain
conditions and warranties implied at law or by statute in the Sales Order,
which cannot be excluded, restricted or modified by agreement (“Non-Excludable
Rights”). Subject to the above, the Supplier disclaims and expressly excludes
all conditions and warranties expressed or implied, and all rights and remedies
conferred on the Purchaser by statue, law, equity, trade, custom or usage or
otherwise. Where so permitted the liability of the Supplier for the breach of a
Non-Excludable Right is limited, at the supplier’s option, to replacement of
the goods or the refund of the price paid by the Purchaser.
11. VARIATIONS IN COLOUR, TEXTURE &
FINISH
The Supplier shall make every reasonable endeavour
to match the colour, texture and finish of the Goods to the colour, texture and
finish to any materials which the Supplier provides to the Purchaser as samples
of the Goods. However, at the time of making an order the Purchaser is deemed
to acknowledge that naturally occurring products such as stone and clay, may
vary in both colour and texture and that the supplier cannot and does not
accept any claim for liability relating to any such variations of the
Goods.
All tiles in the Olde English Tiles Australia
"
12. DELIVERY
Olde English Tiles Australia use “DHL Express” to
deliver anywhere around the world. You can track your orders from the DHL
Australian “Tracking page” http://www.dhl.com.au/en/express/tracking.html
Delivery rates are dependent on the weight of
goods ordered and destination. Delivery rates represents the time the order is
placed.
Rest of the World
International Delivery shipping rates are
dependent on the weight of goods ordered, destination and fuel surcharge which
varies month to month. Delivery rates represents the time the order is
placed.
Delivery Timeframe
Normal delivery time for Domestic orders after
completion of order is 1 to 2 days. Remote areas can expect delays.
Normal delivery time for International orders after completion of order is 2 to 6 days. Remote areas can expect delays.
Stock orders take 2 to 3 days before delivery pick up is organized. Most Hand Painted tiles are done to order and can take 3 to 5 weeks before delivery pick up is organized.
These transit times are estimates only and may be
extended by many factors beyond DHL’s reasonable control such as Customs and
Quarantine processing requirements, weekends and public holidays, varying
flight schedules and other origin-specific or destination-specific factors. DHL
does not guarantee any transit times or represent that any transit times will
be achieved. These transit times are estimates only and may be extended by many
factors beyond DHL’s reasonable control such as Customs and Quarantine
processing requirements, weekends and public holidays, varying flight schedules
and other origin-specific or destination-specific factors. DHL does not
guarantee any transit times or represent that any transit times will be
achieved.
All goods shall be delivered by the Supplier to
the kerb side in front or reasonably (at the Supplier discretion) located in
the vicinity of the Delivery Point and such delivery shall be deemed to be
delivery of the Goods to the Delivery Point. The forgoing notwithstanding, the
Purchaser may request and the Supplier may agree in writing to deliver the
goods to a location other than a kerbside in front of a reasonably located
within the vicinity of the Delivery Point provided always that the Purchaser
shall bear all liability (whether with respect to loss or damage to person,
property, or to the Goods) arising from and in respect of delivery and the
Purchaser hereby agrees to indemnify and keep indemnified the Supplier with
respect to any such liability. A receipt or delivery docket for the Goods
signed by any person at the Delivery Point shall be conclusive proof that the
Goods were delivered in accordance with the Sales Order. If the Delivery Point
is unattended or if the supplier cannot otherwise affect delivery of the goods
to the Delivery Point then the Supplier may at it option leave the Goods at the
Delivery Point or store the Goods at such location as the Supplier may elect.
If the supplier stores the goods, the Purchaser shall pay or indemnity the
Supplier for all cost incurred in or about the storage and the supplier shall
be at liberty to re-deliver them to the Purchaser from the place of storage at
the Purchaser’s expense. The Purchaser must ensure that the Delivery Point is
easily accessible to the Supplier. If the Delivery Point is not easily
accessible to the Supplier and then the Purchaser must bear any additional
costs reasonably incurred by the Supplier in unloading the Goods.
Interstate and
International orders will depend on Carrier’s schedule and no liability is
taken for direct, indirect or consequential loss or damage caused by delay or
any other cause. The delivery date represents the time the order is ready to
leave the Company premises. The Company does not accept orders under penalty
for late delivery. The Company reserves the right to deliver orders in whole or
by instalment and each instalment shall be deemed to be sold under a separate
contract. Any failure on the part of the company to deliver within the time
stated shall not entitle the Purchaser to repudiate the contract in whole or in
part.
13. Any time quoted for delivery is an estimate
only and the supplier shall not be liable for any loss or damage howsoever
arising as a result of or in consequence of any failure to deliver or delay in
delivery arising from any circumstances whatsoever UNLESS such failure or delay
is due to the Supplier’s negligence or wilful default and the Purchaser
notifies the Supplier in writing of such loss or damage within TWO (2) days
from the Date of Delivery. The Purchaser shall not be relieved of any obligation
to accept or pay for Goods because of any delay in delivery. If the Supplier
determines that, it is or may be unable to deliver within a reasonable time or
at all, the supplier may cancel the sales Order and in the event of such
cancellation, the Purchaser shall not have any claim against the supplier for
any damage, loss, cost or expense whatsoever.
14. SHORT OR WRONGFUL DELIVERY
Within TWO (2) days of delivery of the Goods the
Purchaser must notify the Supplier in writing of any Claim the Purchaser may
have alleging that the Goods are not in accordance with the Sales Agreement and
any Claim not notified within the time aforesaid shall be deemed to be
absolutely waived.
15. EXAMINATION OF GOODS
At the time it takes possession of the Goods, the
Purchaser must examine and shall be deemed to have examined the goods. The
Supplier shall, except as may otherwise be provided by law, not be liable for
any claim in respect of damaged Goods UNLESS particulars of such claim are
notified to the Supplier in writing within TWO (2) days after the arrival of
the Goods at the Delivery Point. The Supplier must separate and hold the Goods
subject to such claim available for the inspection by the Supplier. The
forgoing notwithstanding, the Purchaser must confirm that it accepts the
quantity, colour and quality of any Goods it takes delivery of by signing the
delivery docket which the Supplier provides to the Purchaser at any time it
supplies the Goods. The delivery docket, so signed, shall be conclusive evidence
that the Purchaser has reviewed and is satisfied with the quantities, colour
and quality of any Goods described in the delivery docket and the Purchase
shall be stopped from the making any statement or claim to the contrary. Where
the Goods are collected by a courier or other agent of the Purchaser, the
Purchaser warrants that its agent has authority to sign the docket on the
Purchaser’s behalf.
16. INSTALLATION OF GOODS
Any other provision of the Sale Agreement
notwithstanding, any liability of Supplier with respect to any aspect of the
Goods including but not limited to their colour, texture, size, quality or
their fitness for purposes, will cease when the Purchaser uses the Goods, sells
or otherwise parts with possession of the Goods, and/or installs or affixes the
Goods (or allows the Goods to be installed or affixed) in or to any surface,
place, or product.
17. SUBCONTRACTORS
The Supplier takes no responsibility for the
workmanship or quality of work performed by subcontractors recommended to the
Purchaser.
18. RISK
All Goods being delivered shall be at the
Purchaser’s risk. The Supplier will not be liable for any damage or loss
whatsoever arising out of or in connection with the carriage of goods unless
the damage or loss is a result of the Suppliers negligence or wilful
default.
19. TITLE
Legal and beneficial ownership in and to the Goods
shall remain with the Supplier until the Purchaser has paid in full all amounts
owing on all accounts to the Supplier. Until the Goods are paid for in full,
the relationship between the parties shall be fiduciary, the Purchaser shall
hold the Goods as bailee of the Goods, the Purchaser is required to store the
Goods separately and mark them accordingly as that they are clearly identified
as being or being made from or with any Goods which are the property of the
Supplier. Should the Goods (or any part of them) be incorporated into a new
product or products (“New Product”) the incorporation of the Goods, in whatever
proportions, shall be deemed to have been effected on behalf of the Supplier
and the New Product shall be the property of the Supplier. The right of the
Purchaser to incorporate the Goods in a New Product shall automatically cease
if a receiver or receiver and manager is appointed over any of the Purchaser’s
assets or if a winding up order is made against or resolution is passed for the
winding up of the Purchaser or the Purchaser is placed under official
management or the Purchaser becomes insolvent or bankrupt or commits an act of
bankruptcy or the Purchaser assigns the Goods or any part of the Goods for the
benefit of a Creditor or if the Supplier at any time revokes such rights by
notice to the Purchaser. The Purchaser shall have not right to sell or
otherwise dispose of the Goods or the New Product until the purchase price has
been paid in full to the Supplier UNLESS; The Goods or the new product are sold
in the ordinary course of the Purchaser’s business; and The part of the
proceeds of sale of the Goods and the New Product as represents the price of
the goods shall be paid forthwith to the Supplier and until such part of the
proceeds are so paid, they shall be held by the Purchaser in trust for the
Supplier. The power of sale conferred on the Purchaser under paragraph 20(d)
above shall automatically cease if a receiver or receiver and manager is
appointed over any of the Purchaser’s assets or if a winding up order is made
against or resolution is passed for the winding up of the Purchase or the
Purchaser is placed under official management or the Purchaser becomes
insolvent or bankrupt or commits an act of bankruptcy of the Purchaser assigns
the Goods or any part of the Goods for the benefit of a creditor or if the
Supplier at any time revokes the power of sale under paragraph 20(d) above by
notice to the Purchaser. On determination of the Purchaser’s power of sale
under paragraph 20(d) above the Supplier shall become entitled to the
possession of the Goods and the New Product. The Purchaser is required to place
the Goods and the New Product at the disposal of the Supplier who shall be
entitled to enter upon the premises where the Goods or New Product/s are held
without notice and remove the Goods and the New Product. The Purchaser grants
to the Supplier, upon the Supplier giving notice to the Purchaser, the right to
bring proceedings in the name of the Purchaser to recover monies owing to the
Purchaser because of the sales of the Goods or the New Product. Any amounts
recovered because of the proceeding shall be retained by the Supplier in
payment of amounts owing for Goods supplied by the Supplier to the Purchaser.
If any provision of this clause creates or constitutes a charge or other
security right requiring registration, then the provision shall be deemed to be
served from this clause. Title of the Goods and/or New Products shall pass to
the Purchaser upon payment of any amount due in full together with any interest
due. Risk in the material shall pass to the Purchaser upon delivery.
20. PALLETS
Title to any pallets provided by the Supplier with
the Goods passes to the Purchaser with the Goods, and the Purchaser must bear
the cost of their storage and/or disposal. The Purchaser must not refuse to
accept any such pallets or return (or seek to return) such pallets to the
Supplier
21. ADVICE
The Purchaser must not rely on any advice,
recommendation, information, assistance or service provided by the Supplier in
relation to the Goods, including use and application of the Goods and the
Supplier shall bear no liability or responsibility for any damage, loss (direct
or indirect) or any consequential loss suffered by the Purchaser as a result of
reliance upon the advice, recommendation, information, assistance or service
for delivery to the Purchaser.
22. INDIRECT LOSS
Notwithstanding any other provisions of this Sales
Order to the contrary, the Supplier shall not be liable for any loss or damage
to the purchaser arising from or caused or contributed to by the negligence of
the Supplier, its servants or agents, nor shall the Supplier be liable for
special, incidental, indirect or consequential loss or damage suffered by the
Purchaser as a result of a breach by the Supplier of it obligation or otherwise
including but not limited to economic or moral loss, loss of profits or revenue
costs arising from such breach.
23. WAIVER
A waiver by the Supplier of the breach of any
provision of the Sales Order shall not constitute a waiver of any other breach
of such provision or any other provisions.
24. INSTALLMENTS
The Supplier reserves the right to deliver the
Goods by instalments. Failure of the Supplier to deliver any instalment shall
not entitle the Purchaser to cancel the balance of the Sales Order. In the
event of the Purchaser making default in respect of any instalment, the Supplier
may elect to treat the default as a breach of contract relating to each other
instalment.
25. RETURNS
No returns will be allowed or accepted for any
Goods
(a) Which have been unpacked, or
(b) Are classified as reject or discontinued lines,
or
(c) Were especially obtained, imported or made to
order for the Purchaser, (see #11: VARIATIONS IN COLOUR, TEXTURE &
FINISH)
(d) Otherwise without the prior written approval
from the Supplier.
The Supplier will not refund or waive the
obligation to make payment in respect of returned Goods, but shall grant the
Purchaser a trade credit to the Price of the Goods, less 20% thereof to cover
handling and restocking expenses. The Purchaser must clearly identify the Goods
it returns and sign an endorsement on the relevant invoice, which shall be
conclusive evidence that goods noted have been returned to the Supplier’s
Premises. The Supplier may reduce or cancel any credit it has granted to the
Purchaser if such credit has not been exercised with 7 days of return.
26. INSPECTION
The Purchaser or its designated agent at the
Suppliers works carries out any inspection or test agreed upon prior to the
acceptance of the Goods by the Purchaser, must unless otherwise agreed. The
Purchaser must bear the cost of any specialised inspection or tests it
requires. In the cause of any such inspection the Supplier accepts no
responsibility in any defects in the Goods, which are identified once the Goods
in question have left the Suppliers Premises.
27. SUBCONTRACTING
The Supplier reserves the right to Subcontract the
production or supply of the whole or any part of the Goods or of any materials
or services to be supplied.
28. LAWS, REGULATIONS, PERMITS ETC
The Purchaser shall obtain all Permits, licenses
and give all notices required to be given and shall pay all fees, deposits and
taxes required to be paid under all rules (federal, state or municipal) in any
way effective or applicable to the manufacturer and/or supplier of the
Goods.
29. SEVERANCE
If any provision of the Sales Order shall be
determined to be void by any court of competent jurisdiction, then such a
determination shall not affect any other provision hereof and each such other
provision shall remain in such full force and effect.
30. FORCE MAJEURE
If the Supplier is rendered unable, wholly or in
part, by force majeure to carry out it obligations under the Sales Order, then
the Supplier shall give to the Purchaser written notice of the force majeure
with reasonably full particulars thereof whereupon:
a) The obligations of the Supplier so far as it is
affected by the force majeure shall be suspended for a period not longer than
the continuance of the force majeure; and
b) Any period or periods referred to in the
Purchase Order within which a particular obligation, responsibility, or duty is
to be performed shall be extended by a period equal to that during which the
force majeure continues. The Supplier shall use reasonable diligence to
mitigate the effect of the force majeure. The term “force majeure” as employed
in this Sales Order shall mean any cause which is not within the reasonable
control of the Supplier and without limiting the generality of the foregoing,
shall in so far as the same is not within such control, include any one or more
of Act of God, strike, lockout, or other labour difficulty, act of the public
enemy, war, blockade, revolution, riot, insurrection, civil commotion,
lightning, storm, flood, earthquake, explosion, action, demand, order,
restraint, restriction, requirements, prevention, frustration or hindrance by
or any government or any government or authority or other duly constituted
authority or statutory corporation or local government authority, embargoes and
unavailability of essential equipment.
31. FUTURE DEALING
The Terms and Conditions specified in the Sales
Order shall be incorporated by implication and conduct into all future
agreements by the supplier, to supply Goods, with the Purchaser.
32. NOTICES
All notices, other documents and communications
required or permitted to be given to the Supplier shall be in writing and shall
be sent by facsimile in the first instance and then by ordinary pre-paid post
to:
Olde English Tiles Australia
182-186 Parramatta Road,
Camperdown NSW 2050
Ph: (02) 9519 4333
Fax: (02) 9557 2996
33. GOVERNING LAW
These “General Terms and Conditions of Sale” shall
be governed and construed according to the laws of the time being in force in
the State of New South Wales and the parties respectively bereby submit to the
jurisdiction of the Courts thereof and all Courts competent to hear appeals
therefrom.
34. COLLECTION COST
The Purchaser agrees to indemnify the Supplier
with all legal costs, charges, expenses and disbursements incurred in the
collection or attempted collection of monies due