These Conditions of sale ("Terms") govern each Quotation and agreement ("Contract") formed on approval of an order placed by a customer ("Customer") with Renovation D Pty Limited ACN 115 657 657 ("Renovation D") for the supply of products or services ("Goods").
3. An amount outstanding to Renovation D will probably likely be subject to interest on the overdue amount calculated at the rate of ten per cent (10\%) per annum.
4. In the event that the Customer fails to pay for Goods in Accordance with these Terms, the Customer must, if asked, return the Goods to Renovation D in the Customer's cost.
5. Renovation D will offer the Customer with a "proof of trade" and if asked, an itemized bill in accordance with the Trade Practices Act 1974 (Cth) any successor laws ("Act").
6. Clients wishing to change delivery particulars must notify the store from which products were purchased at least one (1) business day before the scheduled delivery date. Customers must ensure that they are present to accept delivery of products in the nominated delivery address on the scheduled delivery date. To minimise disruption, Renovation D agreement insurers will get in touch with the Consumer on the morning of delivery having an approximate shipping time.
7. Delivery dates and times Offered by Ceramic D are approximations only. Renovation D will not be liable for any loss or damage suffered by the Customer due to any failure to provide the Goods with a particular date or time. Unless otherwise agreed, when the Customer has nominated an address for delivery, delivery to that address will fulfill Renovation D's delivery obligations under the Contract. An additional delivery charge will apply when the Goods have been unable to be delivered as a result of the Customer not being present in the nominated address on the scheduled delivery date. Renovation D might, in its absolute discretion, either suspend or cancel delivery if the Customer is delinquent in any payment to Renovation D or in violation of the Terms.
8. Renovation D's contract carriers may, at their sole discretion, eliminate old products from the Customer's property only if the contract carrier is confident that such removal can be carried out in a secure manner with due care and diligence.
9. The Consumer Needs upon delivery, notify Renovation D of any damage to Goods which are inconsistent with the Customer's order. Failing such notice, as well as this extent permitted by law, the Customer will otherwise be deemed to have accepted the Goods.
10. The title To Goods will stay with Renovation D, not pass to the Customer until the Customer has paid all amounts owing from the client to Renovation D to any account.
11. Contrary to Renovation D's title without prior payment of amounts owing to Renovation D, the Customer must hold the proceeds of such sale as trustee for Renovation D. Renovation D will be entitled to recover all proceeds held on trust and the Customer agrees to keep the costs of these recovery activity.
12. The risk of loss or damage to the Goods will pass to the Customer on delivery.
13. Renovation D's products come with guarantees that cannot be excluded under the Australian Consumer Law. The Customer is eligible for replacement or refund for a significant failure and also for compensation for any reasonably foreseeable damage or loss. The Customer is also entitled to have the goods repaired or changed if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
14. Subject to clause 15, these Terms set out the full extent of Renovation D responsibilities and obligations in respect of the supply of Goods and operation of any support and there are no warranties, conditions or other conditions that are binding on Renovation D except as expressly stated in the Contract. Any warranty, condition or other term concerning Goods which may otherwise be implied into or incorporated in the Contract by statute, common law or otherwise (including without limitation any implied term as to quality or fitness for purpose) is expressly excluded.
15. Subject to clause 15, these Terms set out the Complete Scope of Renovation D's obligations and liabilities in respect of the supply of products and operation of any support and there are no warranties, conditions or other terms that are binding on Renovation D except as explicitly stated in the Contract. Any warranty, condition or other term concerning Goods which may otherwise be implied into or incorporated in the Contract by statute, common law or otherwise (including without limitation any implied term as to quality or fitness for purpose) is expressly excluded.
16. Nothing in the Agreement Will limit or exclude Renovation D's liability for death or personal injury caused by Renovation D's negligence.
17. Subject to clause 15 and clause 16, Renovation D won't be liable under the Contract for any loss of revenue, loss of profits, loss of contracts, loss of data or for any indirect or consequential, punitive or exemplary loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
18. Subject to Clause 15, clause 16 and clause 17, Renovation D's maximum aggregate liability under the Contract whether in contract, tort (including negligence) or otherwise will not exceed the amount payable by the client to Renovation D in respect of the relevant Goods.
20. Renovation D may cancel or suspend delivery of any ordered Goods in case of any delay or non-performance due directly or indirectly into war, terrorism, strike, lockout, delay or default of a manufacturer or supplier, act of God, or any other cause beyond Renovation D's rational control.
These terms along with your order constitute the Whole contract between you and us for the Distribution of products
21. In these Terms, "GST", "provide", "taxable supply" and "tax statement" have the meaning given to such terms in the A New Tax System (Goods and Services) Tax Act 1999 (Cth) and the phrase "GST" also includes any penalties or additional tax imposed with regard to the GST payable on the supply of Goods. Any amount payable under these Terms is inclusive of GST when there is a taxable supply.
22. If the Quantity of GST Applicable to a sale made to this Customer differs from the total amount of GST the Customer has paid for the Goods, then the quantity of GST payable by the Consumer will be corrected either by further payment from the Customer or repayment by Renovation D into the Consumer of the amount of the adjustment.
23. The Contract cannot be varied unless Renovation D agrees in writing with the Customer to vary it.