TERMS AND CONDITIONS OF TRADE
To the fullest extent legally permissible all dealings between The Bathroom Outlet and any Customer relating to any products [“Products’] and/or services are subject to the following terms and conditions of trade [“these Terms”] unless otherwise agreed in writing
a) property in Products shall not pass to the Customer until the Customer has made payment in full and of all monies owed to The Bathroom Outlet and The Bathroom Outlet reserves the right to take possession and dispose of Products as it sees fit at any time until full payment;
b) the Customer grants permission to The Bathroom Outlet to enter any property to recover the Products and with such force as is necessary;
c) the Customer agrees that a certificate purporting to be signed by an officer of The Bathroom Outlet identifying Products as unpaid for shall be conclusive evidence that Products have not been paid for and of The Bathroom Outlet’s title to those Products;
d) upon sale or disposition of any Products prior to full payment the Customer agrees to deposit all proceeds in a separate bank account, not mix such proceeds with any other monies and account to The Bathroom Outlet for the same as fiduciary and bailee;
e) without derogating from The Bathroom Outlet’s rights as a creditor of the Customer or arising under these Terms if Products are used in any construction, building, fabrication and/or manufacturing process [“the Process”] which results in an entitlement of the Customer to receive money from any other person the Customer agrees to hold such part of any monies received by the Customer (or the corresponding book debt owed to the Customer in respect of those monies) as is equivalent to the value of any Products used in the Process as invoiced to the Customer by The Bathroom Outlet UPON TRUST for The Bathroom Outlet until payment in full for those Products and all monies owed to The Bathroom Outlet;
f) Products shall be deemed to be dealt with by the Customer on a ”first in first out” basis at all times; and
g) nothing in this clause is intended to create a charge over any Products and this clause shall be read down to the extent necessary to avoid creating any charge.
a) to limit any claim it makes to the cost of replacement of Products or of acquiring equivalent products;
b) that The Bathroom Outlet shall not be liable for any loss or expense arising after fourteen (14) days from delivery (or at all once Products have been unpacked, affixed and/or otherwise used or applied) after which there shall be deemed to be unqualified acceptance;
c) that to the fullest extent legally permissible The Bathroom Outlet shall not be liable for any damages for personal injury, any damage to property and/or any contingent, consequential, direct, indirect, special or punitive damages whether due to negligence or otherwise and the Customer acknowledges this limit of liability and agrees to limit any claim accordingly; and
d) that to the fullest extent legally permissible no other term, condition, agreement, warranty, representation and/.or understanding whether express or implied, in any way extending to, otherwise relating to or binding upon The Bathroom Outlet other than these Terms is made or given by or on behalf of The Bathroom Outlet other than by these Terms save and except to the extent otherwise required by law.
a) no dealing between The Bathroom Outlet and the Customer shall be or be deemed to be a sale by sample;
b) the Customer shall rely on its own knowledge and expertise in selecting Products for any purpose and any advice or assistance given by or on behalf of The Bathroom Outlet shall be accepted at the Customer’s risk and shall not be deemed to have been given as expert or adviser nor to have been relied upon;
c) Products are sold subject to each and every manufacturer’s trading terms and conditions and are protected by each and every manufacturer’s warranty and The Bathroom Outlet shall not be liable to the extent that any manufacturer is liable under a manufacturer’s warranty unless otherwise required by law; and
d) The Bathroom Outlet shall not be liable nor responsible for any failure to comply with any requirements of the Customer or any other person (whether relating to manufacture, design, fabrication, installation and/or any other particular intended use of any Products and/or otherwise) which are not precisely and accurately communicated in writing directly to the appropriate personnel at The Bathroom Outlet prior to the entry by The Bathroom Outlet into any relevant sale contract.
a) the Customer shall at no time cancel the whole or part of any order placed without The Bathroom Outlet’s prior approval;
b) the Customer shall not return Products without The Bathroom Outlet’s prior written approval and if Products are not in brand new and unused condition with undamaged packaging and if four (4) weeks or more have passed since the earliest delivery date;
c) The Bathroom Outlet may otherwise elect to take back Products in saleable condition on such terms as The Bathroom Outlet considers to be reasonable;
d) the Customer shall in all cases pay to The Bathroom Outlet a restocking fee of fifteen per cent (15%) of the gross invoice value of all returns;
e) notwithstanding any other provisions of these Terms the Customer shall not return Products without first providing to The Bathroom Outlet an original invoice as proof of purchase; and
f) notwithstanding any other provisions of these Terms the Customer shall not return any Products which have been custom made, custom cut, custom processed or custom acquired.
a) each order it places shall be deemed to include a representation that it is solvent and able to pay all of its debts as and when they fall due; and
b) when any order is placed the Customer shall inform The Bathroom Outlet of any facts which might reasonably affect any decision to accept the order and/or grant credit and that any failure to do so shall be deemed to create and constitute an inequality of bargaining position, the taking of an unfair advantage of The Bathroom Outlet and to be unconscionable, misleading and deceptive.
a) the Customer shall at all times and in all respects comply with The Bathroom Outlet’s minimum invoice policy as may at any time and from time to time apply on such terms as The Bathroom Outlet considers to be reasonable; and
b) all sales are otherwise made by The Bathroom Outlet at its ruling price at the time of delivery and on such other terms as The Bathroom Outlet considers to be reasonable.
a) The Bathroom Outlet accepts no responsibility or duty to deliver but may elect to arrange delivery at its discretion and without liability and at the Customer’s cost and risk in all things;
b) The Bathroom Outlet shall not be liable for delay or any failure or inability to deliver;
c) Products shall be deemed to be delivered as soon as they are ready for delivery at which time risk shall be deemed to have passed to the Customer; and
d) The Bathroom Outlet may charge for frustrated delivery to cover The Bathroom Outlet’s reasonable expenses.
a) to pay for so much of any forward order as is from time to time invoiced by The Bathroom Outlet;
b) that no delay or failure to fulfil any part of such order shall entitle any cancellation or variation of any order or delay or reduce any payment; and
c) to pay any demurrage and/or other costs and expenses of The Bathroom Outlet in handling and/or holding Products once ready for delivery.
CONDITIONS OF QUOTATION
The Bathroom Outlet
Unit 2, 97 Hector Street
Osborne Park WA 6017
Tel : (08) 9204 3075
Fax: (08) 9204 3085