TERMS AND CONDITIONS OF SALE
Trend Tile Pty Limited trading as Good Buy Clearance Tiles ACN 108 565 902 (“Good Buy Clearance Tiles”)
The supply of goods by Good Buy Clearance Tiles to any customer of Good Buy Clearance Tiles (“Customer”) is governed by the laws of New South Wales and the parties submit to the non-exclusive jurisdiction of the courts of that state.
In the interpretation of these Terms and Conditions:
(a) References to legislation or provisions of legislation include changes or re- enactments of the legislation and statutory instruments and regulations issued under the legislation;
(b) Words denoting the singular include the plural and vice versa, words denoting individuals or persons include bodies corporate and vice versa, references to documents or agreements also mean those documents or agreements as changed, novated or replaced, and words denoting one gender include all genders; and
(c) Grammatical forms of defined words or phrases have corresponding
2. Exclusivity and Restraint
Neither the Customer nor Good Buy Clearance Tiles are required to deal with each other on an exclusive basis in relation to any goods supplied by Good Buy Clearance Tiles.
3. Title and Risk
(a) The title to goods will pass to the Customer on payment following delivery.
(b) Notwithstanding any other clause in these Terms and Conditions, the liability of Good Buy Clearance Tiles in relation to any loss incurred by the Customer and its clients in connection with the supply of the goods to the Customer is limited to the lesser of:
- replacing the goods;
- an amount equal to the purchase price paid by the Customer to Good Buy Clearance Tiles for the goods; or
- where Good Buy Clearance Tiles is indemnified for such liability under any insurance policy, an amount equal to the amount received by Good Buy Clearance Tiles under that insurance policy or as required under Consumer law in the juristiction of New South Wales.
(a) To the maximum extent permitted by law, Good Buy Clearance Tiles expressly excludes all warranties, conditions and representations, whether express or implied, unless otherwise set out in these Terms and
(b) The Customer must satisfy themselves as to the fitness for purpose, suitability and quality of the goods. Good Buy Clearance Tiles gives no warranty as to the fitness for purpose, suitability or quality of the goods.
(c) The Customer may not delay payment of any invoice payable to Good Buy Clearance Tiles nor make any requisition, objection or claim for compensation nor have any right of rescission or compensation in relation to any matter or dispute in relation to clause 4(b).
(d) The Customer acknowledges the price and availability of the goods are subject to change without notice.
Good Buy Clearance Tiles will carry out its obligations hereunder in a proper and workmanlike manner according to industry best practice and will follow any special conditions as agreed between the parties from time to time.
6. Invoicing and Payment
(a) Good Buy Clearance Tiles will submit to the Customer a valid tax invoice with all relevant records to enable the Customer to verify the amount payable including any other information or documents reasonably required by the Customer.
(b) The Customer will pay Good Buy Clearance Tiles’s tax invoices on their due date as set out in such tax
(c) The Customer must pay Good Buy Clearance Tiles for the Goods by either letters of credit or electronic funds
7. Records and Audit
Good Buy Clearance Tiles will create and maintain proper, complete and accurate records relating to the goods provided to the Customer under these Terms and Conditions and provide copies the Customer on request.
(a) Good Buy Clearance Tiles will supply the goods to the Customer at the place and at the time set out in the customer
(b) Good Buy Clearance Tiles will obtain signed confirmation of each delivery by the Customer’s
(c) If the goods cannot be supplied on the delivery date as agreed between the parties, Good Buy Clearance Tiles must notify the Customer in writing and present a revised schedule for the delivery.
(d) The Customer agrees that, unless expressly set out in any customer order, the price of the goods as set out in any customer order does not include delivery, installation or configuraiton.
(e) If the Customer engages Good Buy Clearance Tiles to install or configure any goods, the Customer agrees:
- Good Buy Clearance Tiles may charge to the Customer an installation fee and a configuration fee;
- if, during installation or configuration, Good Buy Clearance Tiles or the Customer encounters physical or practical conditions that were not reasonably anticipated by Good Buy Clearance Tiles, Good Buy Clearance Tiles may amend any installation fee or configuration fee payable by the Customer;
- Good Buy Clearance Tiles will require the installation or configuration location to be compliant with all government health and safety regulations including those related to asbestos and may require the Customer to provide to Good Buy Clearance Tiles the findings of any asbestos-related audit in relation to the installation or configuration of the goods or such location.
(f) The Customer acknowledges and agrees that they do not rely on any representation of Good Buy Clearance Tiles or any of it’s servants or agents as to the method of laying or fixing the goods or the intended use of the goods by the Customer.
(g) For the purposes of this clause 8, “Force Majeure Event” means any event caused by events beyond the control of Good Buy Clearance Tiles including but not limited to acts of God, war, terrorism, mobilisation, civil commotion, riots, embargoes, orders or regulations of governments of any relevant jurisdiction, fires, floods, strikes, lockouts or other labour difficulties, manufacturer production changes, shortages of or inability to obtain shipping space or land
(h) Should any delay in delivery of the goods be caused by any Force Majeure Event, the delivery time must be extended by a period which is reasonable taking due regard to the circumstances as advised by Good Buy Clearance Tiles.
(a) The Customer acknowledges and agrees that some goods supplied by Good Buy Clearance Tiles including but not limited to marble, granite, terracotta and some ceramic tile goods are or comprise of natural stones subject to variation in colour, pattern, texture and size and the Customer agrees that any sample exhibited or displayed by Good Buy Clearance Tiles is only a representation of the general nature of the goods.
(b) Whilst Good Buy Clearance Tiles will use its best endeavours to ensure all goods match samples or specifications requested by the Customer, the Customer agrees that no guarantee is available to that effect and reasonable variations in the goods can be
(c) The Customer has a reasonable time to inspect the goods and acknowledge receipt of the goods as being of good condition and quality prior to acceptance of delivery, as no claims for replacement or compensation may be brought by the Customer after the goods have been laid or fixed for any reason including but not limited to:
- any variations, including but not limited to the matching of colour, shade, pattern, texture and size of the goods;
- any defects of the goods; or
- any damaged of the goods
(d) Good Buy Clearance Tiles may from time to time supply goods bearing defects or significant variations at a special price (“Second Goods”). The Customer has a reasonable time to inspect the Second Goods and acknowledges and accepts any defect or variation, and that goods are sold on an ‘as is’ basis.
(a) Subject to clause 9 and in accordance with the Australian Consumer Law, the Customer may request a refund or replacement of any good that:
- is defective;
- is unsafe;
- is significantly different from the sample or description; or
- doesn’t do what Good Buy Clearance Tiles said it would do, or what the Customer expressly requested to Good Buy Clearance Tiles and cannot be remedied by Good Buy Clearance Tiles within 10 business days.
(b) Good Buy Clearance Tiles may, at its absolute discretion, accept a request from the Customer to refund or replace the goods for a reason not set out in clause 10(a).
(c) If Good Buy Clearance Tiles accepts a request from the Customer to refund or replace the goods in accordance with clause 10(b), the Customer must pay to Good Buy Clearance Tiles a re-stocking fee of 30% of the total value of the refunded or replaced
(d) Good Buy Clearance Tiles will not accept a request from the Customer to refund or replace any Second Goods under clause 10(a) if such return or refund is claimed on the basis of any defect or variation known or reasonably ought to be known to the Customer upon purchase.
(a) These Terms and Conditions expire and come to an end on completion of the supply of goods under these Terms and
(b) If Good Buy Clearance Tiles is in breach of these Terms and Conditions, the Customer must provide a written notice to Good Buy Clearance Tiles specifying the breach and requiring Good Buy Clearance Tiles to remedy the breach within 30 days.
(c) The expiry or termination of these Terms and Conditions for any reason will be without prejudice to any rights or liabilities of the parties which have accrued prior to the date of expiry or termination.
Any information provided by Good Buy Clearance Tiles in connection with the supply of the goods to the Customer is confidential and the parties must treat this information confidentially. They must not, and must ensure that any person who with approval receives the information does not, disclose any of the information in any form to anyone else or use any of the information for any purpose not approved by Good Buy Clearance Tiles.
13. Entire Terms and Conditions
These Terms and Conditions are the entire terms and conditions of supply of the goods to the Customer, and supersede any prior understanding, arrangement, representation or agreements between the parties as to the subject matter contained in these Terms and Conditions.
Good Buy Clearance Tiles may vary or amend these Terms and Conditions at any time and is not required to provide notice of such variation or amendment to the Customer not required by law.
15. Dispute resolution
If a dispute arises between Good Buy Clearance Tiles and any Customer, the complainant must not commence any court or arbitration proceedings, except where that party seeks urgent interlocutory relief, unless it has first complied with this clause:
The complainant must inform the respondent in writing of the following:
- The nature of the dispute;
- The outcome the complainant desires, and
- The action the complainant believes will settle the
(b) Endeavour to resolve dispute
On receipt of the complaint by the respondent, both parties will make every effort to resolve the dispute by mutual negotiation within 14 business days.
(c) Survival of this clause
This clause survives termination of these Terms and Conditions.
16. Waiver and amendments
Any waiver by any party to a breach of these Terms and Conditions shall not be deemed to be a waiver of a subsequent breach of the same or of a different kind.
17. Events beyond control
Good Buy Clearance Tiles shall not be liable to the Customer for any loss caused by any failure to observe these Terms and Conditions, where such failure is occasioned by causes beyond its reasonable control including but not limited to by fire, flood, riot, strike, war, restrictions and prohibitions or any other actions by any government or semi government authorities.
A notice or other communication to a party must be in writing and delivered to that party or that party’s practitioner in one of the following ways:
(a) Delivered personally; or
(b) Posted to their address when it will be treated as having been received on the second business day after posting; or
(c) Faxed to their facsimile number when it will be treated as received when it is transmitted; or
(d) Sent by email to their email address, when it will be treated as received when it enters the recipient’s information system.