© Copyright – Elegant Building Supplies Pty Ltd 2019
Terms & Conditions of Trade
Definitions
- “We”, “Us”, “Our” means Elegant Building Supplies Pty Ltd (“Elegant”) (ABN 22 153 271 240).
- “Customer” means the person/s and/or company buying the Goods as specified in any invoice, document or order, and if there is more than one Customer is a reference to each Customer jointly and severally.
- “Delivery” means (a) when the customer or its representative takes possession of the Goods at the delivery address stated on the invoice. (b) We deliver the Goods to the Customer’s nominated address even if the Customer is not present at the address.
- “Goods” means all goods or services supplied by Elegant to the Customer (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).
- “Price” means the Price payable for the Goods or Service as agreed between Elegant Building Supplies Pty Ltd and the Customer as indicated on the invoice or order.
- “Order” means the document produced by Elegant to record the customer’s details and the list of requested goods the customer wishes to purchase.
- “Invoice” means the document issued by Elegant to the Customer after and Order is placed with Elegant requesting payment for the goods ordered.
This important notice sets out hereunder the Terms and Conditions of Sale for all goods purchased from the seller, Elegant Building Supplies Pty. Ltd. ABN 22 153 271 240.
1. Site measures, Quotes & Orders
Quotations are valid for 30 days for the full order quantity unless the quotation specifies otherwise. The last quote given by Elegant will apply and any previous quotes for the same goods will be null and void. If you wish to change your order or product specifications before delivery a new quote will be provided. We will supply you the Goods when Elegant accepts your order (not prior to this time) and after you pay for the goods. Elegant offers complimentary site measures at your request. All final quantities and product items/codes are to be verified by the customer. Under no circumstance will Elegant be held responsible for incorrect supply of goods if shown correct on the invoice and/or any extra setup fees that may be required on certain products.
2. Payment
Unless otherwise specified, payment terms are strictly prepaid at time of order. Elegant Building Supplies Pty Ltd will not accept cash on delivery terms and all goods must be paid for in full prior to arranging collection or delivery. If goods are not paid for prior to delivery this may cause delays to your order. It is agreed that the title in the goods shall only pass from Elegant to the buyer when completely paid for and prior thereto Elegant has the right to retrieve the goods and to deal with and resell same in its absolute discretion. It is agreed that this clause shall also apply if the buyer goes bankrupt or being a company, goes into receivership, liquidation or administration, if the circumstances are that the purchase is not completely paid.
In the event where your overdue account is referred to a collection agency and/or law firm, you will be liable for all costs which would be incurred as if the debt is collected in full, including legal demand costs.
Overdue accounts will be subject to interest at the rate of 13% p.a, calculated for the period the account is due until the date it is paid.
All claims must be made within seven (7) days from receipt of goods in writing.
3. Delivery (if applicable)
If you choose to have your goods delivered to your home or job site a delivery fee will apply. Elegant Building Supplies Pty Ltd will provide you with an estimated delivery date and time, however, cannot guarantee the date or time. Elegant Building Supplies Pty Ltd accepts no liability in delivery delay that are beyond our reasonable control such as stock availability, accidental damage of goods, delays from manufacturers or other third parties. We strongly suggest you or your representative are available on the day of delivery. Goods left at unattended sites are at customer’s own risk. If no one is available on the day of delivery you authorise Elegant Building Supplies Pty Ltd to leave the goods at the agreed premises and will not hold Elegant Building Supplies Pty Ltd liable of any damage that may occur thereafter. Elegant Building Supplies Pty Ltd will not be held liable for any accidental damage to property during the delivery. Elegant Building Supplies Pty Ltd will replace the Goods that may have damaged during delivery upon prompt notification by the customer but will not accept any liability for any other damage caused or delay caused to re supply the Goods. Delivery times are Monday to Friday from 7am to 5pm. At the discretion of Elegant Building Supplies Pty Ltd these hours may vary. Goods will always be left at ground level where we deem safe and appropriate after assessing the delivery site. This will supersede any other arrangement agreed prior with Elegant Building Supplies Pty Ltd. If you have any specific delivery instructions, please notify Elegant Building Supplies Pty Ltd at the time of sale and Elegant Building Supplies Pty Ltd will do it’s best to accommodate your request. If the delivery site is deemed unsafe by our delivery driver goods will not be unloaded and taken back to our depot. A re delivery fee may be charged. Once we inform you that your order is ready for delivery, we will not hold the goods for more than seven (7) days. After seven (7) days, if delivery has not been arranged, Elegant Building Supplies Pty Ltd reserves the right to re sell the goods. Thereafter when you inform us that you are ready for delivery of the goods, the goods will be re ordered from our supplier and extra waiting times may apply for which Elegant will not be held liable for the delay.
4. Collection
If Goods are being collected, please collect them within seven (7) days after we inform you that they are ready for collection. If you do not, then unless you make prior arrangements with us for late collection, we will assume you have cancelled your order. This means we may re-sell the Goods and you may forfeit any deposit you have made when the goods were ordered. If we retain your goods in our warehouse for longer than seven (7) days from the date we inform you that they are ready for collection, then Elegant may charge a storage fee for the delay in collection. Elegant Building Supplies Pty Ltd will not be held responsible for any goods that are damaged, lost or stolen after collection whether collected by you or someone on your behalf.
5. Warranties
Elegant will do its utmost to resolve any issues quickly after notification in writing. Elegant Building Supplies Pty Ltd warrants that the Goods are fit for their usual purpose and are free of defects. You the customer need to ensure that the Goods ordered are suitable for your specific purpose. Under the Australian Consumer Law we must supply goods with guarantees that cannot be excluded. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage due to the failure of the goods. You are also entitled to have the goods repaired or replaced, whichever is deemed acceptable by Elegant Building Supplies Pty Ltd or at its supplier’s discretion if the goods fail to be of acceptable quality and the failure is not a major failure. Elegant Building Supplies Pty Ltd liability is limited to refunding the price or replacing or repairing the Goods (at our option or our supplier’s option) and we exclude liability for indirect loss (eg installation costs or trade person’s fees). We will not be liable for damage, loss or injury suffered as a result of any person failing to follow instructions relating to the Goods, modifying them, failing to appropriately maintain or store them or using them for an unintended purpose. All customers must inspect the goods upon taking delivery and any shortage, discrepancy, defects, wrong specification or similar problem must be notified immediately. If we supply a product of the incorrect specification where a representative of Elegant has conducted a site measure you must notify Elegant Building Supplies Pty Ltd within seven (7) days of the error otherwise we will not be liable for the replacing of the incorrectly supplied item after this time. Elegant Building Supplies Pty Ltd will not be held liable for any replacements if site measurements have changed after the site measure and additional cost will apply to re order the correct products plus re deliver if applicable.
6. Cancellation & Returns
Elegant Building Supplies Pty Ltd does not exchange or refund for change of mind. Elegant Building Supplies Pty Ltd will also not exchange or refund for reasons beyond our reasonable control such as stock availability, delays from manufacturers or third parties, delivery delays due to accidental damage to products. Goods are non-returnable unless a warranty or guarantee is breached. Please refer to the manufacturers website for all product warranty related guarantees including manufacturers terms and conditions related to the warranties of that product.
We reserve the right to cancel any order (in full or part) where: (i) you are in breach of your payment obligations to Elegant Building Supplies Pty Ltd; (ii)Elegant Building Supplies Pty Ltd becomes aware after order confirmation that the good is out of stock; or (iii) there has been a genuine pricing or product description error by Elegant Building Supplies Pty Ltd or its supplier. We will refund any amount already paid in respect of any cancelled order (and in the case of part cancellation of an order, we will refund the amount paid that relates to the cancelled portion of the order). Strictly no returns for special order items. Only at Elegant’s discretion if agreed prior to invoicing may we accept extra Goods to be returned if notified within seven (7) days in writing. Items must be a stocked item, unused, unopened and in a re-saleable condition. The customer is required to return the Goods back to our depot. If a pick up by Elegant is required a pick up and delivery charge will apply.
7. Privacy
Elegant Building Supplies Pty Ltd collects your personal information for the sole purpose of supplying you with goods or service and your personal information will not be used or disclosed for any other purpose. When you place an order with Elegant, you consent to us providing your name, contact details and delivery address to third parties (including our suppliers or delivery contractors) for the purpose of fulfilling and delivering your order or for any warranty claims.
8. Third Party Installation
Where you arrange for a third party to install Goods supplied by us, you must contract separately with that third party. Elegant Building Supplies Pty Ltd will not be liable for any installation services provided by a third party. Please be aware any warranty claims made to Elegant Building Supplies Pty Ltd or its suppliers may incur a call out fee and you may be liable for costs of parts and labour if found that the product did not fail, and the problem has arisen from incorrect installation.