TERMS & CONDITIONS OF TRADE FOR TILERS TRADE OUTLET PTY LTD

1. Definitions

1.1. “Seller” means Tilers Trade Outlet Pty Ltd and its successors and assigns.

1.2. “Contract” means the Contract for the sale and purchase of the Goods between the Seller and the Customer and includes theseTerms.

1.3. “Customer” means the Customer or any person acting on behalf of and with the authority of the Customer.

2. Acceptance

2.1. Any order placed by the Customer for the supply of Goods shall be subject to these Terms.

2.2. The Customer and the Guarantor shall be jointly and severally liable for payment of the Price.

2.3. The Terms may be varied by the Seller on notice to the Customer.

2.4. The Customer acknowledges that it has not relied on any representations, warranties, conditions, agreements or undertakings other than those expressly contained in these Terms.

3. Goods

3.1. The Goods are as described on the invoices and quotations provided by the Seller to the Customer.

4. Price And Payment

4.1. The Price is based on the Seller’s quotation and as indicated on invoices for the Goods provided by the Seller to the Customer.

4.2. At the Seller’s sole discretion a deposit may be required for an amount stipulated by the Seller at the time of the order.

4.3. Prices quoted are subject to change from time to time, if warranted by: (a) Commercial considerations relevant to the Seller; or (b) Increase in the costs of the Goods by factors beyond the control of the Seller (including currency variations or force majeure).

4.4. If paragraph 4.3 applies then the Seller may give notice of the change in Price at any time prior to acceptance of the Purchase Order or delivery of the Goods and the Customer shall be obliged to pay the increased price.

4.5. Time for payment for the Goods is of the essence.

4.6. Unless otherwise agreed in writing the Customer must pay the Price within 30 days of the Seller issuing an invoice.

4.7. Despite paragraph 4.6, the Seller shall be entitled to require payment of the Price before or on the delivery date and shall be entitled to withhold delivery until such payment is made.

4.8. Payment may be made by cash on delivery, or by cheque, or by bank cheque, or by credit card, or by direct credit, or by any other method as agreed to between the Customer and the Seller.

4.9. The Price will increase by the amount of any GST and other applicable taxes, duties, delivery costs and insurance unless expressly included in any quotation given by the Seller.

4.10. The costs referred to in paragraph 4.9 above shall be due on the date for payment of the Price.

5. Delivery Of Goods

5.1. Delivery of the Goods to a carrier, either named by the Customer or failing such naming to a carrier at the discretion of the Seller shall be deemed to be a delivery of the Goods to the Customer and risk in the Goods shall pass on such delivery.

5.2. The Seller may deliver the Goods by separate instalments (in accordance with an agreed delivery schedule). Each separate instalment shall be invoiced and paid for in accordance with the provisions of these Terms.

5.3. Delivery of the Goods to a third party nominated by the Customer is deemed to be delivery to the Customer for the purposes of these Terms.

5.4. The Customer shall take delivery of the Goods tendered notwithstanding that the quantity so delivered shall be either greater or less than the quantity purchased provided that: (a) Such discrepancy in quantity shall not exceed 5%; and (b) The Price shall be adjusted pro rata to the discrepancy.

5.5. Any quoted delivery date is an estimate. Delay in delivery does not confer on the Customer the right to demand cancellation or termination of the Contract or to refuse to accept delivery of the Goods. The Seller shall not be liable for any loss or damages whatsoever whether direct or consequential arising from any delay.

6. Cancellation

6.1. Any quotation given by the Seller is subject to withdrawal or variation by the Seller at any time: (a) prior to the Customer giving a firm purchase order; or (b) after the receipt of the purchase order if the purchase order contains different or varied requirements.

6.2. The Seller reserves the right to: (a) accept or decline in whole or in part any purchase order received from the Customer; and (b) cancel delivery of the Goods at any time before the Goods are delivered by giving written notice and the reasons for such cancellation. The Seller shall not be liable for any loss or damages whatsoever whether direct or consequential arising from such cancellation.

7. No implied warranties

7.1. The Customer acknowledges that the Customer buys the Goods relying solely upon the Customer’s own skill and judgement and has not relied upon the Seller’s skill or judgement in selecting the Goods.

7.2. The Seller makes no representations or warranties whatsoever as to the nature or quality of the Goods, or their fitness for any purpose, other than the warranties expressly provided for in these Terms. 7.3. Any representations, statements and warranties not expressly contained in these terms and which would otherwise be implied are excluded to the fullest extent permitted by law.