Terms and Conditions

INTERPRETATION
1. In these conditions:-
‘Buyer’ means the buyer of any goods including any
specified overleaf.
‘Conditions’ or ‘these conditions’ means these
Terms and Conditions of Sale.
‘Costs’ include Goods and Services Tax (GST) .
‘Goods’ means any products and services supplied by
the Seller.
‘Seller’ means F.S. GLENNON & CO. PTY LIMITED
and its assigns or successors.
GENERAL
2. Unless these conditions are varied or waived by the
Seller in writing these conditions shall prevail over all
conditions of the Buyer’s orders.
TERMS OF SALE
3. The Goods are sold on these conditions.
4. If payment is overdue the Seller may without notice
demand from the Buyer payment of all amounts due
for any Goods sold by the Seller to the Buyer.
SELLER’S QUOTATIONS
5.1 If the Buyer wishes to reduce the quantity ordered
from the Seller’s quotation then the seller can increase
its price for the Goods supplied
5.2 Unless withdrawn, the Seller’s quotations are open for
acceptance within the period stated or, when no period
is so stated, within 60 days.The Seller reserves the right
to require payment in advance or a deposit for Goods
specially imported or not otherwise held in stock.
SHORTAGE
6. The Buyer waives any claim for shortage of any Goods
delivered if a written claim about it has not been
lodged with the Seller within seven (7) days from the
date the Buyer receives the Goods.
SAMPLES,VARIANCES, ETC
7.1 All samples, specifications, drawings, and particulars of
dimensions, gauge, shade, colour or quality submitted
by the Seller are approximate only and any deviation
shall not be taken to vitiate any contract with Seller or
form grounds for any claim against the Seller.
7.2 The descriptions, illustrations and performances data
contained in catalogues, price lists, samples and other
advertising matter do not form part of the contract of
sale.The Goods supplied by the Seller may vary from
the samples provided by the Seller.
7.3 Variations in shade and gauge of Goods can occur from
batch to batch. The Seller will not be able to guarantee
a match in either shade or gauge for Goods from a
later batch.
PERFORMANCE
8. The Seller makes no warranty about the performance
of any tiles.
DELIVERY
9.1 Unless delivering the Goods, the Seller is not
responsible for any loss or damage to Goods in transit.
9.2 The Seller accepts no responsibility for any loss or
damage, including consequential loss, arising out of
delivery, including non-delivery or late delivery, even if it
arranges delivery on behalf of the Buyer.
RETURNS
10. The Buyer cannot return any goods once delivery has
been made except for credit as follows: -
10.1 The returned Goods are accompanied by the original
invoice number.
10.2 The Goods are returned to the Seller’s premises in
good order and condition by pre-paid freight within
thirty (30) days of delivery to the Buyer.
10.3 The Goods returned match the Seller’s current stock.
10.4 Where the Seller agrees to credit return stock the
maximum credit allowed shall be 80% of invoice value.
10.5 End of line specials and Goods purchased or imported
by the Seller against the Buyer’s order cannot be
returned.
SELLER’S LIABILITIES
11.1 The Seller shall not be liable for and the Buyer releases
the Seller from any claims in respect of faulty or
defective design of any Goods supplied.
11.2 All express and implied warranties, guarantees and
conditions under statute or general law as to
merchantability, description, quality, suitability or fitness
of the Goods for any purpose or as to design,
assembly, installation, materials or workmanship or
otherwise are hereby expressly excluded and the Seller
shall not be liable for physical or
financial injury, loss or damage or for consequential loss
or damage of any kind arising out of the supply, layout,
assembly, installation, materials or workmanship or
otherwise and the Seller shall not be liable for physical
or financial injury, loss or damage or for consequential
loss or damage of any kind arising out of the supply,
layout, assembly, installation or operation of the Goods
or arising out of Seller’s negligence or in any way
whatsoever.
11.3 The Seller will not be liable for any crazing,wear or
cracking of any tiles and no promise is made by it or
the manufacturer about crazing,wear or cracking of
tiles.
12. The Seller’s liability for a breach of a condition or
warranty implied by Division 2 of Pt V of the Trade
Practices Act 1974 (other than s 69) is hereby limited
to:-
12.1 In the case of Goods, any one or more of the
following:
a. the replacement of the Goods or the supply of
equivalent Goods;
b. the repair of the Goods;
c. the payment of the cost of replacing the Goods or of
acquiring equivalent Goods;
d. the payment of the cost of having the Goods
repaired; or in the case of services:
e. the supplying of the services again; or
f. the payment of the cost of having the services
supplied again.
12.2 The Seller’s liability under s 74H of the Trade Practices
Act 1975 is expressly limited to a liability to pay to the
Buyer an amount equal to:
a. the cost of replacing the Goods;
b. the cost of obtaining equivalent Goods; or
c. the cost of having the Goods repaired, whichever is
the lowest amount.
PRICES
13. Unless otherwise stated all prices quoted by Seller are
net, exclusive of GST. Prices quoted are those ruling at
the date of issue of quotation and are based on rates
of freight, insurance, customs duties, currency exchange,
shipping expenses, sorting and stacking charges, cartage,
rates of weights, cost of materials and other charges
affecting the cost of supply ruling on the date the
quotation is made and any alterations thereto either
before acceptance of or during the currency of the
contract shall be to the Buyer’s account.Where no
prices have been quoted by the Seller, the price to be
charged is that ruling on the date of delivery
of the Goods.The Seller is at liberty to change its
prices without notice to the Buyer.
PAYMENT
14.1 Payment is due on delivery unless otherwise stated in
writing.
14.2 By way of liquidated damages for breach of the
payment obligation in Condition 16.1, the Buyer agrees
to pay compound interest on daily rests on the nett
invoice amount and all Costs calculated from the date
of invoice at the rates set from time to time by section
94 of the Supreme Court Act, 1970
14.3 Where the Buyer pays the nett invoice amount
together with all Costs to the Seller at it’s address for
payment by payments which reach the Seller at that
address within the month following the month in which
the Goods were delivered (or such other terms of
payment specified in writing by the Seller) the Seller
will accept that sum in full satisfaction of the Buyer’s
obligation, free of any obligation under Condition 14.2.
RIGHTS IN RELATION TO GOODS
15.1 Property in each unit of the Goods shall remain with
the Seller until all monies owing to the Seller have been
paid (“the Debts”).
15.2 The Buyer grants a licence to the Seller to enter any
place where the Goods may be located so the Seller
can retake possession of the Goods.
15.3 The Seller shall not be liable, and is hereby indemnified
by the Buyer, for any damage caused by or costs
incurred in retaking possession of the Goods.
WAIVER AND VARIATION
16.1 Any leniency indulgence or extension of time granted
by the Seller will not be a waiver of these conditions.
16.2 These terms can only be varied in writing by the Seller.
16.3 A provision of or a right created under these
conditions in favour of the Seller may not be waived or
varied except in writing signed by the Seller.The Seller
may elect not to exercise its rights arising from a
breach of any provision of these conditions and such
election, even if the breaches are continuous and
multiple shall not create any estoppel or presumption
against the Seller.
GOODS REMAINING IN THE SELLER’S CUSTODY
17. If the Buyer leaves goods at the Seller’s premises after
payment it does so at its own risk and the Seller is not
liable for any loss or damage occurring.
STORAGE
18. Seller reserves the right to make a reasonable charge
for storage if delivery instructions are not provided by
the Buyer within fourteen days of a request by Seller
for such information.
GOODS SOLD
19. The Seller shall supply to the Buyer the Goods which
the Buyer orders in writing (Purchase Order).
AUDIT
20. The Seller reserves the right to audit any sale and
should any discrepancy be found, reserves the right to
recover any undercharges from the buyer.
CANCELLATION
21. Once an order is placed it can only be cancelled if the
Seller agrees to do so.
PLACE OF CONTRACT
22. The contract for the sale of the Goods is made in
New South Wales and the parties agree to submit all
disputes arising between them to the courts of such
state at any court competent to hear appeals
therefrom.
FORCE MAJEURE
23.1 If there is an act or event of any nature outside of the
Seller’s control which prevents the Seller from
exercising any of its duties and obligations under these
terms, then the Seller shall not be liable.
EXCLUSION OF NEGLIGENCE
24. The Seller shall not be liable to the Buyer in contract
or in tort arising out of, or in connection with, or
relating to, the performance of the Goods or any such
breach of these conditions or of any fact, matter or
thing relating to the Goods or error (whether
negligent of a breach of contract or not) in information
supplied to the Buyer or a user before or after the
date of the Buyer’s or user’s use of the Goods.
SEVERANCE
26. If any of these conditions is deemed to be unlawful or
unenforceable, such term or condition shall be severed
and all other terms and these conditions shall remain
in force.

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