a. An order placed by a purchaser or customer (“CUSTOMER”) is subject to the following conditions of sale unless otherwise expressly agreed to in writing by Gabglo Pty Ltd t/as Mimic Tiles ABN 25 004 996 238 (“MIMIC TILES”)
b. The terms and conditions of this invoice supersede any terms and/or conditions set forth in any purchase order, or written document by the ordering party.
2. TRADING TERMS
Terms are strictly cash before delivery unless either:
i. Prior credit arrangements have been made strictly in accordance with the Company’s Credit policy; or
ii. The Company’s enforcement of the requirement for payment before delivery would be contrary to any laws enacted in W.A., in which event the amount payable by the customer prior to the fixing of the tiles shall be the amount permitted under the relevant legislation.
a. Prices quoted on invoice documents supersede all previous prices that may have been quoted. Prices quoted on price lists or customer information documents are subject to change without notice. Price lists are not an offer and prices charged will be those in effect at the date of order dispatch.
b. Sizes and weights quoted are approximate only, due to the inherent nature of ceramics, variations during manufacture cannot be avoided. MIMIC TILES will not be liable for any variation in size, colour or weight of goods where such variation falls within accepted industry standards.
c. Any samples or promotional goods provided by MIMIC TILES to the Customer are on loan basis, will remain the property of MIMIC TILES and must be available for return upon request.
a. All orders are subject to a deposit of 50% of the value of the invoice.
b. Where goods have not been paid for in full and the order is cancelled, at any time, before the goods are delivered to the Customer, a cancellation fee of 50% of the full purchase price will apply.
Lay-Bys will be accepted on the following conditions:
a. A 50% deposit must be paid when ordering.
b. The balance of the payment is payable to MIMIC TILES within 14 days of notification of availability of goods.
c. A cancellation fee of 50% of the full purchase price will apply should any part of the order be cancelled or decreased at any time after the order date.
5. SUPPLY OF TILES
a. IT IS THE SOLE RESPONSIBILITY OF THE CUSTOMER to check their order at the time of purchase or delivery including but not limited to: the dimensions, colours, shade variations, quality, quantity and any other detail shown on any orders.
b. Due to the inherent nature of ceramics, variations from shipment must be expected.
c. All tiles should be checked for colour, size and quality before being fixed. Check with your tiler or contact MIMIC TILES for information regarding the aforesaid prior to fixing any tiles. MIMIC TILES will accept no responsibility after tiles have been fixed or used in any other way.
d. Measurement and quantities must be thoroughly checked with your tiler before being finalised. We take no responsibility for the accuracy of the quantity of product, which you have ordered.
e. All products sold by MIMIC TILES are to be fixed and applied in accordance with the manufactures instructions.
f. All goods must be used in accordance with recognised industry standards.
g. No responsibility will be accepted by MIMIC TILES for damage which occurs from the use of acids in cleaning or any other procedure which is not recommended by the manufacturer.
Please check that you have sufficient product before tiling as no guarantee is given that subsequent supplies of the same product will be available or will match in shade or gauge.
6. GOODS IN STORAGE
Upon MIMIC TILES providing notification to the Customer that goods are being held in storage on the Customer’s behalf, the Customer acknowledges that such goods will be held in storage for 14 days, after which such goods will attract a daily storage fee of $5 per pallet unless otherwise arranged.
7. TITLE OF THE GOODS
a. Title of goods shall pass to customer, only upon full payment of the invoice amount; payment of any other amounts owing by the customer to MIMIC TILES and any interest due to MIMIC TILES, whether in respect of the supply of the goods or otherwise.
b. The Customer will pay all costs & expenses (on a full indemnity basis) incurred by MIMIC TILES or its solicitors, legal advisers, mercantile agents & other parties acting on MIMIC TILES behalf in respect of anything instituted or being considered against the Customer whether for debt, loss, damages, possession of any Products or otherwise.
MIMIC TILES shall not be responsible for any indirect, special or consequential damages related to warranty of product, delivery or delivery timing other than as follows:
a. Certain goods may come with a manufacturer’s warranty and warranty service will depend on the item, the nature of the problem and Customer’s location.
b. Details on manufacturer’s warranties will generally be attached when you receive your products.
c. Manufacturer’s warranties do not cover labour or delivery.
d. Where there is a manufacturer’s warranty on any goods, the warranty period will begin at the time goods are picked up or delivered to the Customer.
e. Except for this clause, there are no other warranties; express or implied, including but not limited to, implied warranties of merchantability, fitness for particular purpose, product availability, manufacturer order approval, order fulfilment time and all such warranties are specifically disclaimed.
a. Except as otherwise expressly provided in these conditions, all warranties, representations, promises, conditions or statements regarding the goods whether express or implied, and whether statutory or otherwise (including, without limiting generality, warranties, representations, promises, conditions and statements as to merchantability suitability or fitness for any purpose, profitability or any other attributes or consequences of or benefits to be obtained from or in the course of using such goods are to the full extent permitted by law hereby expressly excluded.
b. Where the Customer has complied with all of its obligations under this Agreement, the liability of MIMIC TILES for a breach of this Agreement is limited to any one or more of the following at the option of MIMIC TILES:
i. The replacement of the goods or supply of equivalent goods; or
ii. The repair of the goods; or
iii. The payment of the cost of replacing the goods or acquiring equivalent goods; or
iv. The payment of the cost of having the goods repaired.
c. Damages for which MIMIC TILES shall be liable (and to which MIMIC TILES’s liability shall be limited) shall not exceed, in respect of all claims in aggregate, the amount paid by the Customer to the Supplier under MIMIC TILES’s invoice for the goods.
d. Certain tiles may be slippery when wet or inappropriate for use in certain conditions or may require maintenance. MIMIC TILES will provide recommendations based on information provided by the Customer, however no liability will be accepted for injuries or damages due from inappropriate tile selection.
a. MIMIC TILESwill use reasonable endeavours to deliver goods to the customer on the Delivery Date during MIMIC TILES ‘s normal business hours of 10am-4pm Mon-Fri, but it is not and will not be responsible for any delay due to causes beyond its control, including (but not limited to) its manufacturing, shipping or delivery delays, strikes, force majeure and acts of God.
b. Claims made for:
i. Incorrect supply, short supply; or
ii. goods damaged in transit; or
iii. any discrepancies with regards to an invoice
must be made within two (2) days of the delivery date, otherwise they will not be considered.
11. CANCELLATIONS, REFUNDS AND CREDIT
We do not accept return of goods, except required by laws in WA. Claims for credit or refunds are strictly limited and in accordance with the following conditions:
a. No refunds or credits on change of mind.
b. An original sales invoice on which the goods were purchased must be produced by the Customer.
c. Goods must be in a saleable condition.
d. Tiles made to order cannot be cancelled or returned for credit.
e. In exceptional circumstances, at the discretion of MIMIC TILES, various handling and delivery charges will be applicable on all returns and exchanges.
f. Any delivery or collection charges are the responsibility of the customer, not MIMIC TILES.
g. Goods held by MIMIC TILES on your behalf are subject to inspection by you, the Customer, at the time of pick up or receiving such goods.
h. You are responsible for the selection of the person/tiler who will affix or install the products purchased. You should make thorough independent enquiries of such person’s qualifications and workmanship. MIMIC TILES makes no warranties, implied or otherwise nor does it endorse any tilers even if their name(s) or card has been obtained through MIMIC TILES.
If any provision of this Agreement is held invalid, unenforceable or illegal for any reason, the Agreement shall remain otherwise in full force apart from such provisions which shall be deemed deleted.
13. Governing law
This Agreement shall be governed by and construed according to the laws of Western Australia.