In these conditions, “us” means Chedglen Pty Limited ACN 002 294 108 trading as Trademaster Joinery & Building Supplies. “You” means the buyer of our goods. “Goods” means any goods invoiced on our Invoices.
Buyer’s Statutory Rights
These conditions of sale shall not exclude, limit or modify the rights, entitlement and remedies conferred upon you or the liabilities imposed upon us, by any condition or warranty implied by a Commonwealth, State or Territory Act or Ordinance, rendering void or prohibiting such exclusion, limitation, restriction or modification.
Subject to Condition 2:
- We warrant that the goods supplied shall be of merchantable quality. All goods are supplied subject to this warranty only and any liability arising out of or in respect of the supply, re-supply, use or re-use whether singularly or otherwise of the goods, howsoever, arising and whether for consequential loss or otherwise, and including any liability we may otherwise have had by virtue of any representation, warranty, condition or term, whether express or implied by law is hereby excluded.
- Any liability incurred by us to you is limited to the replacement of the goods or (at our option) refund of the price paid by you and in particular does not extend to consequential loss and is conditional upon you making a written claim to us within the exact time of delivery or pick-up, setting out the full particulars of such claim and returning to us the goods to enable a proper examination.
No one has our authority to give any oral advice, recommendation, information, indicated quantities or volumes, so as to bind us in relation to the goods sold or manufactured by us. If you seek any advice, recommendation, information, assistance or service provided by us and intend to rely on it such fact is to be made known to us and confirmed in writing signed on our behalf at the time the goods are ordered.
- Any advice given as to the intended date or time of delivery is given subject to availability of the goods and our capacity to effect delivery. We accept no responsibility should the goods not be delivered at the time or on the date advised. We may withhold delivery until the goods are paid for.
- We do not need to obtain a signed receipt from anyone at the place nominated for delivery by you but if we do obtain a receipt from someone we believe to be authorised by you to sign for the goods, then such signed receipt shall be conclusive evidence that the goods were delivered and that their condition and fitness for the purpose they were supplied are satisfactory to you.
- In the case we allow an exchange or refund you agree to pay us a re-stocking fee at the rate advised by us.
The risk of the goods shall pass to you upon delivery.
- Property in and legal ownership of the goods shall remain with us and you shall hold the goods.
- As fiduciary owner; and
- In such fashion that they can be recognised as belonging to us until such time as we receive payment for the Goods.
- If you:
- Mix the goods with another item or items, or
- Use the goods in the manufacture of another item or items, so that the goods become a constituent part of another item or items, then the ownership in the new item or items shall vest in us until full payment is made to us for the goods.
- Sell the goods, you agree to do so as our agent in the ordinary course of your business. The proceeds of sale are held on our behalf until payment is made to us in frill for the goods.
- Do not pay for the goods or if we believe you may not pay for the goods we may retake possession of the goods or the item or items of which the goods form part.
- You authorise us to enter or re-enter the site nominated for delivery Of the goods should it become necessary for us to retake possession of them.
- You indemnify us against any claim for damage arising from the entry of our vehicles onto the property nominated for delivery of the goods.
Refunds & Exchanges
We do not offer refunds, exchanges or credits under the following circumstances:
- If you simply change your mind, decide you have no use for the goods or do not like them,
- If you are buying pre-inspected goods with no obvious faults, or known damaged goods,
- If you damage the goods by using them in a way they were not meant to be used,
- If you cut or manufacture the goods before a claim is made.
This agreement which includes these conditions is made in the State, of New South Wales and any dispute shall be determined in the courts of that State.
In the event that the whole or any part or parts of any of these conditions IS held to be void or unenforceable in whole or in part such condition or part thereof shall to that extent be severed from these conditions but the validity and enforceability of the remainder of these conditions shall not be affected.