DEFINITIONS
In these Terms and Conditions, Supplier means OZCS Pty Ltd ABN : 23 644037301 and any of its successors or assigns, and Conditions mean the Credit Conditions and the Supply Conditions.
1.GENERAL TERMS AND CONDITIONS:
IN CONSIDERATION OF the Supplier providing credit facilities to the Customer who is completing the Application for Credit Account that is attached to these General Terms and Conditions,the Customer accepts and agrees that these General Terms and Conditions apply to the supply of any goods and/or services now or in the future by the Supplier to the Customer to the exclusion of any conditions of sale of the Customer and supersede any existing supply agreement between the Supplier and the Customer .
1.1. The Customer acknowledges that the General Terms and Conditions take precedence over any terms and conditions which may be contained in any document provided by the Customer;
1.2. The Customer hereby charges, in favour of the Supplier ,all the Customer’s estate and interest in any land, freehold or leasehold, in which the Customer now has any legal or beneficial interest in, or which the Customer later acquires any such interest in, with payment of all monies owed by the Customer to Supplier from time to time and consents to the Supplier lodging a caveat or caveats which note the
Supplier’s interest in the Customer’s real property;
1.3. The Customer acknowledges that where the Customer consists of more than one party, liability shall be joint and several.
2. PAYMENT TERMS
Unless otherwise agreed in writing by the Supplier, the Customer is on COD terms.
2.1. If credit is satisfactorily established, invoices will be paid on or before the last business day in the month following the month of invoice (without deduction or set-off of any kind) unless otherwise agreed to by the Supplier in writing. In the event payment is not received by the due date the Supplier reserves the right to charge at a rate of 1.50% per calendar month or part thereof, and the Customer shall be liable for, and expressly undertakes to pay, all such interest. Any interest so levied shall accrue on a daily basis and shall accrue until all monies owing are paid in full. The Customer shall also be liable to pay all expenses, legal costs on a solicitor and own client basis, of the Supplier in relation to obtaining remedy of the failure to comply.Should the Supplier incur legal and/or any other expenses, including any such expenses to any collection agency, in obtaining, or attempting to obtain, payment for any amount due by the Customer, the Customer shall be liable for all such expenses (on a full indemnity basis). The Customer acknowledges that the collection expenses may be calculated on a commission basis at a percentage rate of up to 25% of the amount due and expressly agrees to pay those expenses irrespective of the amount of work actually performed by the collection agency.
2.2. Any forbearance by the Supplier in respect of the Customer’s failure to pay strictly in accordance with the payment terms shall not constitute a waiver by the Supplier of its rights to payment nor will it be construed as an agreement to extend credit.
2.3. The Supplier reserves the right, at all times, to suspend or discontinue the supply of Goods and/or Services to the Customer without being obliged to give any reason for its action.
2.4. Where the Customer is on COD terms, the Supplier reserves the right not to deliver or provide the Goods and/or Services until payment of the Price has been received in full.
2.5. Where the Supplier has agreed to provide the Goods and/or Services to the Customer other than on COD terms:
2.5.1. the Supplier reserves the right to suspend the account immediately if any payment becomes overdue;
2.5.2. where applicable, the Supplier reserves the right to withdraw the credit facilities in the event of: any credit limit internally set by the Supplier, or trading terms, being exceeded; or in the event that the Supplier becomes aware of any factor, in its sole opinion, that materially affects the Customer’s credit worthiness;
2.5.3. in the event of a dispute, the complete undisputed portion of the account must be paid in accordance with the Payment Terms.
2.6. At the Supplier’s sole discretion, a deposit may be required prior to any supply. The Supplier reserves the right not to provide the Goods and/or Services until such time as the required deposit is paid in full.
2.7. Any amounts received by the Supplier may be applied at the Supplier ’ s discretion: first against interest, fees, charges, collection expenses and legal expenses; and second, towards any amount that the Customer owes to the Supplier from time to time.
3. CANCELLATIONS
3.1 Any request by the Customer for cancellation of a Purchase Order must be in writing and delivered by email. The Customer is liable to reimburse the Supplier for the costs it has incurred for labour and materials in fulfilling the Purchase Order up to the date the request for cancellation is received and acknowledged by the Supplier.
4. FORCE MAJEURE
4.1 Neither party is liable for any Loss incurred by the other party as a result of any delay or failure to observe any of these conditions (other than an obligation to pay money) as a result of any circumstance beyond the party’s control, including but not limited to any strike, lock-out, labour dispute, act of God, fire, flood, accidental or malicious damage or breakdown in machinery. The party affected must notify the other party as soon as possible of such circumstance.
4.2 During the continuance of such circumstance the obligations of the party affected, to the extent they are affected by the circumstance, are suspended and resume as soon as possible after the circumstance has ceased to have effect.
5. LIMITED LIABILITY OF SUPPLIER
5.1 All Products need to be checked prior to any installation. No claim will be considered once the products have been installed.
5.2 Supplier is not liable to the Customer(or to any third party claiming through the Customer) for any loss caused by any act or omission of the Supplier, its employees or agent, and whether based on negligence, tort, contract or otherwise. Under no circumstances shall the Supplier be liable for indirect or consequential losses.
5.3 The Supplier’s liability is limited to the Goods supplied only. The supplier will not accept any liability for installation of faulty or incorrect product or inappropriate usage of any Product supplied or any consequential losses deriving from these.
5.4 Supplier cannot guarantee that the appearance and/or colour of the Products shown or obtained as sample exactly reproduces the appearance and/or colour of the physical Product supplied. Variation in shade is inherent in all kiln-fired and Natural Stone / Natural Stone looking products. Please enquire for latest product batch sample if specific colour tonalities need to be maintained.
5.5 From time of pick-up or delivery, the Goods shall be at the risk of the Customer and any loss of or damage to or deterioration of the goods from any cause whatsoever other than negligence of the Supplier shall be the responsibility of and be borne by the Customer.
6. QUOTATIONS & PRICES
6.1 Prices provided are exclusive of GST
6.2 Unless previously amended or withdrawn, any Company’s quotation are open for acceptance for the period of 30 days after the date thereof.
6.3 The Supplier reserves the absolute right at any time to alter any of its prices and to alter terms to any Customer without any notice whatsoever. However, the Supplier will make every effort to advise or notify the Customer of any alteration of selling prices within a reasonable time.
7. PICK UP
7.1 The turn-around time for any order pick-up is 24 hours between placing order and order collection. Any urgent pick up required before the 2hr minimum, must be confirmed with office staff and is subject to work load. Alternatively , online order status can be checked at any time .
7.2 The correct Shop Name and Purchase Order Number or suitable proof of purchase must be supplied at all times when picking up by courier, customer or store representative. Failure to provide these references may cause long delays and/or refusal to supply.The Supplier will not be liable for any consequential loss deriving from such action.
8. MATERIAL ON HOLD
8.1 The maximum period for any quantity of product to be kept on hold will be 5 working days. During this period, the Customer having the material on hold will have sole exclusivity for that quantity of material. At the expiration of the 5 working days, the hold will be automatically removed without notice or warning. If the hold is required to continue, it is the Customer’s responsibility to advise Supplier of any time extension. In the case of high demand or accumulation of orders for the product, the continuation of the hold will be subject only to the Customer full confirmation by official order. If the order is then cancelled, a 5% cancellation fee may apply. Any confirmed order that is required to be kept in store by Supplier prior to final delivery will be subject to a maximum of 4 weeks free storage after which, a storage fee of $15.00/pallet or $2.00/box per week will apply.
9. MARKETING SUPPORT
9.1 Free of charge ‘in store’ display requirements is for a maximum of 5m² of tiles and 5 sheets of mosaic, any larger quantity will be charged at 50% of the standard wholesale price.
9.2 Samples will be supplied free of charge up to 1/4 sheet of mosaic or 1 full piece porcelain/ ceramic tile.
9.3 Full sheets of mosaic will be charged at 50% of the standard wholesale price.
9.4 ‘Display Home’ mock up materials will be charged at 30% of the standard wholesale price.
9.5 All samples will be sent via allocated pick-up / delivery days in combination with existing orders.
Alternative delivery if required, will be at the cost of the Customer.
10. WARRANTY
10.1 Due to wide application use of our products, it is the Customer duty to purchase the correct product for the correct use. Any wrong use of the Product is solely to the Customer responsibility. Products Technical Data Sheets are available on requests for most of our products. On demand and if available, the Supplier will supply test reports concerning the Product performance. The Supplier accepts no liability for any loss, damage or injury arising as consequence of any advice provided and makes no warranty or representation as to the satisfactory quality or fitness for a particular purpose of our goods.
11. PROJECT REGISTRATIONS
11.1 Project Registration assists in maintaining an exclusivity on products introduced by the registering customer and being finally specified in a project. In order for this scheme to be effective, all customers are required to fill out the ‘OZCS Project Registration’ form completely. It is only with all relevant information that we can support this vital service to those specifying OZCS products.