{"id":42,"date":"2015-10-01T12:38:34","date_gmt":"2015-10-01T12:38:34","guid":{"rendered":"https:\/\/www.veneerpanels.com.au\/?page_id=42"},"modified":"2022-01-27T13:03:02","modified_gmt":"2022-01-27T02:33:02","slug":"tcs","status":"publish","type":"page","link":"https:\/\/www.veneerpanels.com.au\/tcs\/","title":{"rendered":"T&C’s"},"content":{"rendered":"
<\/p>\n
TERMS OF TRADE<\/strong><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n <\/strong><\/p>\n Application of Terms<\/p>\n 1. These Terms set out the contractual basis upon which we agree to supply you with Goods and Services.<\/p>\n 2. These Terms apply to each and every Contract between us and you for the supply of Goods and Services. Any terms or conditions included in, attached to, or referenced in your Order, or any other document provided by you deviating from, or inconsistent with, these Terms, are expressly rejected by us and will not vary or supplement these Terms.<\/p>\n 3. Each supply which we make following our acceptance of an Order will be regarded as a separate Contract, which is subject to these Terms.<\/p>\n 4. Where we have granted you a credit facility, our Credit Terms apply. In the event of any conflict, ambiguity, or inconsistency between these Terms and our Credit Terms, our Credit Terms prevail to the extent of the conflict, ambiguity, or inconsistency.<\/p>\n Quotations<\/p>\n 5. Quotations made by us are estimates only and will not be construed as an offer or obligation to supply any Goods or perform any Services.<\/p>\n 6. Unless specified otherwise, quotations made by us:<\/p>\n (a) are exclusive of GST;<\/p>\n (b) are exclusive of the costs of delivery; and<\/p>\n (c) will remain valid for a period of thirty (30) days from the date of quotation.<\/p>\n 7. You acknowledge and agree that quotations made by us may include additional terms or conditions, which will supplement (and are intended to be read in conjunction with) these Terms.<\/p>\n 8. We reserve the right to withdraw, vary, or extend the time for acceptance in respect of any quotation made by us at any time prior to the formation of a Contract in accordance with clause 11.<\/p>\n Formation of Contract<\/strong><\/p>\n 9. You may accept these Terms (and you will be deemed to accept these Terms) if you, following receipt of a copy of these Terms:<\/p>\n (a) confirm your acceptance of these Terms; or<\/p>\n (b) place an Order with us.<\/p>\n 10. We reserve the right to not accept your Order, without having to provide reasons to you for doing so. For clarity, nothing in these Terms obliges us to supply you with any Goods or perform any Services at any time.<\/p>\n 11. Any Order placed by you will be construed as an offer. A binding Contract will only come into existence, if:<\/p>\n (a) we communicate our acceptance of your Order, whether in writing or by electronic means; or<\/p>\n (b) we supply you with any Goods or perform any Services following receipt of your Order.<\/p>\n 12. For clarity, a Contract is formed at the location where your Order is placed.<\/p>\n Price and Payment terms<\/p>\n 13. Subject to clause 14, the Price payable for the Goods or Services will be in accordance with our then prevailing price list (as notified by us to you from time to time), as applicable as at the date of your Order.<\/p>\n 14. Where we have issued you a quotation, the Price will be our quoted price (subject to clauses 6 and 23 to 26) which will be binding on us provided you accept our quotation in writing within the period it is valid for acceptance. <\/p>\n 15. Unless otherwise agreed in writing, the terms of payment are strictly cash on delivery. We may, in our sole discretion, withhold the despatch of any Goods if you fail to make any payment due in accordance with the terms of any Contract of which these Terms form part.<\/p>\n 16. Payment may be made by cash, EFTPOS, VISA, and MasterCard credit cards, or by using your credit facility with us (where applicable). We reserve the right to change the payment methods that we accept at any time. You acknowledge that we will be at liberty to charge a payment surcharge for applicable transactions equal to our reasonable cost of acceptance.<\/p>\n 17. We reserve the right to require payment of a deposit. The amount of the deposit will be specified in our quotation or will be advised by us and will immediately become due and payable upon the formation of a Contract in accordance with clause 11, unless otherwise agreed in writing. For clarity, where we require payment of a deposit, we are under no obligation to procure or supply Goods or Services until the deposit has been received by us in cleared funds.<\/p>\n 18. If GST is imposed on a Taxable Supply made by us to you under any Contract of which these Terms form part, the price of the Taxable Supply will be equal to the GST-exclusive consideration that you must pay to us for the Taxable Supply under the Contract increased by an amount (the \u201cGST Amount<\/strong>\u201d) equal to the amount of GST payable on that Taxable Supply. The GST Amount is, subject to us issuing a Tax Invoice to you, payable at the same time and in the same manner as the consideration to which it relates. If we become liable to pay any tax, duty, excise, or levy in connection with any Contract of which these Terms form part, you must pay us these additional amounts upon written demand.<\/p>\n 19. You must check all Tax Invoices and advise us of any errors or omissions within seven (7) days of receipt. Failing advice from you that a Tax Invoice contains any errors or omissions, the Tax Invoice may be deemed accepted by us.<\/p>\n 20. Any sums owed to us by you will be made free of any set-off, or counterclaim, and without deduction or withholding, unless agreed to otherwise in writing or as required by law.<\/p>\n Default<\/strong><\/p>\n 22. If you default in the payment of any money due to us pursuant to any Contract of which these Terms form part by the date specified in our Tax Invoice, we are entitled to, without prejudice to any other rights which may be conferred upon us by law or equity, do any or all of the following:<\/p>\n (a) charge you interest on the outstanding amount at the rate of 10% per annum, which interest will accrue and will be recoverable for each day (or part thereof), that the money remains outstanding until payment is received by us in full<\/p>\n (b) require you to pay, in advance, for any Goods or Services (or any part of the Goods or Services) which have not yet been supplied; and<\/p>\n (c) suspend or cease the supply of any further Goods or Services to you.<\/p>\n Variations<\/strong><\/p>\n 23. If you request or direct that any Goods or Services be supplied that are not strictly in accordance with our quotation or your Order, then such Goods or Services will constitute a variation.<\/p>\n 24. A notice of variation must be submitted in writing and is only effective if accepted by us in writing.<\/p>\n 25. You understand and agree that:<\/p>\n (a) all variations must be agreed in writing prior to the Goods or Services that are the subject of the variation being supplied; and<\/p>\n (b) all variations will be, in our discretion, invoiced at the rates specified in our quotation, as specifically quoted, or in accordance with our then current price list.<\/p>\n 26. Notwithstanding clauses 23 to 25, and subject to any rights you might have under the Competition and Consumer Act 2010<\/em> (Cth) or any other legislation, we reserve the right to vary the quoted Price, if:<\/p>\n (a) the Goods or Services specified in your Order are varied from the Goods or Services specified in our quotation; or<\/p>\n (b) otherwise as provided for in these Terms.<\/p>\n Order cancellations<\/strong><\/p>\n 27. You may not cancel an Order (or any part of an Order) once a Contract has been formed, delivery of the Goods cannot be deferred, and Goods ordered cannot be returned, except with our prior written consent, and then only upon terms that you reimburse and indemnify us against all losses we have incurred or may incur as a result of the cancellation, deferral, or return, including third-party supplier restocking fees, cartage, bank charges, other incidental expenses incurred on any part of your Order, and loss of profits.<\/p>\n 28. You acknowledge and agree that cancelled Orders (if accepted by us) may be subject to a restocking charge of 20% of the Price.<\/p>\n Delivery <\/strong><\/p>\n 29. Unless our quotation states otherwise, you will be liable for all costs associated with packaging and delivery, including cartage\/freight, handling, and other charges. Where you have engaged a carrier to deliver the Goods, you will be also be responsible for the cost of insuring the Goods.<\/p>\n 30. You must make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.<\/p>\n 31. You acknowledge and accept that any period or date for delivery stated by us is intended as an estimate only and is not a contractual commitment. We will not in any circumstances be liable for any loss or damage suffered by you or any third party for failure to meet any estimated delivery date.<\/p>\n 32. Delivery will be made within Normal Working Hours on Business Days, unless otherwise agreed in writing.<\/p>\n 33. Delivery is deemed to occur at the time:<\/p>\n (a) you, or any third party on your behalf, collects the Goods from us;<\/p>\n (b) the Goods are delivered to the delivery location specified in your Order (or to such other location as otherwise agreed in writing);<\/p>\n (c) your nominated carrier takes possession of the Goods, in which event the carrier will be deemed to be your agent.<\/p>\n 34. If requested by us, you or your duly authorised representative must sign our delivery docket as confirmation that the Goods ordered by you have been received by you in apparent good order and condition.<\/p>\n 35. If delivery of the Goods is deferred:<\/p>\n (a) at your request; or<\/p>\n (b) due to you being unable to accept delivery of the Goods (for whatever reason),<\/p>\n when:<\/p>\n (c) (where no date for delivery has been specified by you) we are ready to deliver the Goods;<\/p>\n (d) (where a delivery date has been specified by you) the Goods are due to be delivered,<\/p>\n then we will be entitled to charge you, and you must pay to us:<\/p>\n (e) reasonable storage charges (which will accrue on a daily basis until such time as the Goods are delivered); and<\/p>\n (f) a charge to re-deliver the Goods (where delivery has previously been attempted).<\/p>\n 36. You acknowledge and accept that we may deliver Goods by instalments and reserve the right to require payment for each separate instalment in accordance with these Terms. <\/p>\n 37. You acknowledge and accept that you are not relieved from any obligation arising under these Terms, or any Contract of which they form part, by reason of any delay in delivery, and delay in delivery will not entitle you to rescind the Contract.<\/p>\n |