Best
Building Products Australia Pty Ltd - herein referred to as
BBP.
Acceptance of Quotation or Offer
Any quotation or offer made by BBP and
accepted by the buyer does not constitute a binding contract.
Contracts become binding only when confirmed by an invoice
or in writing confirming the agreement between the buyer and
BBP. The quotation, order, invoice and written acceptance
supplied by BBP shall constitute the whole agreement and all
representations, warranties, conditions, and liabilities (statutory
or otherwise) not contained therein are expressly excluded.
Prices, quantities and deliveries quoted are contingent on
the buyer giving BBP, at the time of ordering, written details
on materials required. Any conditions attached to an order
or contained in any written order received by BBP are subject
to all BBP's trading terms and conditions.
Warranty
The seller will so far as it is legally
possible assign to the buyer the benefit of an applicable
factory warranty, expressed or implied, issued in relation
to, or applicable to the goods supplied. All materials supplied
are bound only by the warranty of the manufacturer (or licensed
agent thereof) that BBP has obtained the materials from. BBP
will at all times act on the buyer's behalf and best interests
to uphold and maintain these warranties, providing all documentation
to the buyer, but will not be held liable for any costs incurred
should the manufacturer deem materials void of warranty as
per their terms and conditions.
Prices
Prices quoted may be subject to an adjustment
for any increases by the manufacturer or supplier at the date
of dispatch, an adjustment for increases of tax (both federal
and state), an adjustment for increases of imported goods
caused by varying rates of exchange, customs or other duties
or for any other reason which may cause an adjustment for
increase in price. Notification to the customer of any variance
will be given by BBP for the customer's approval prior to
the dispatch of any goods.
Liability
- The seller , BBP, will accept no liability
for damages, breakages, or losses once goods are accepted
by the buyer (or agent thereof) as being received in good
order and condition. BBP will not be held liable for any costs
incurred due to delays in shipment of goods. Dates and times
for delivery are given in good faith, though are not guaranteed.
BBP will not be held liable for the end use of any items sold
and no suggestions for end use of product will be misconstrued
as recommendation or warranty. Any suggested quantities offered
by BBP when quoting will not place BBP in any position of
liability and must be checked for accuracy prior to any placement
of order. All purchases are deemed to be made from our Sydney
Premises, NSW, under the common laws of NSW and any civil
litigation or court proceedings will take place at the closest
courthouse to Sydney.
Acceptance of Goods
It is the duty of the buyer (or assigned
employees and agents) to inspect all goods upon receipt. Verbal
notification of a claim must be received upon receipt of the
goods followed by written notification within 7 days of receipt
of goods. The property of the goods shall not pass to the
buyer until goods are paid in full. In the event of the buyer
defaulting in payment of goods or other default then BBP shall
have immediate right and without the necessity of giving notice
to retake possession of the goods wherever they may be. The
seller (or it's servants and agents) is authorised to enter
the premises on which the goods are kept and to retake possession.
BBP shall not be liable for any cost, losses, damages or other
expenses suffered by buyer or any other third party in respect
of such recovery. The buyer (or his authorised signatory)
is responsible to be present on site to accept delivery of
all goods despatched by BBP or their agent resulting from
an order placed with BBP when arranged delivery times or dates
are given.
Transport
- Futile transport is chargeable to the
buyer if goods are unable to be unloaded when delivered on
an agreed prearranged date or time and all goods despatched
require being returned. Maximum waiting time on site for unloading
to begin is twenty (20) minutes. Undue waiting time attracts
a charge of $100.00 per hour or part thereof. Written acceptance
must be received once goods have been unloaded and it is the
duty of the buyer (or buyer's representative) to inspect for
damage and correctness of goods delivered. No claim will be
recognised by BBP as the buyer's authority will indemnify
BBP against all liability once goods are delivered and signed
for.
Terms of Payment
Payment is to be made in full before despatch
unless other terms are agreed to in a written contract. Payment
shall be made within the agreed terms or an accommodation
fee of 1.75% per month (compoundable) will be attracted to
any outstanding amounts owed as from date of incurred purchase.
All cheques not honored will attract a $45.00 handling fee.
In the event of legal action eventuating, all legal fees incurred
by BBP during the process of legal action in recovery of the
unpaid amount shall be borne by the buyer in default. Legal
fees include any costs and commissions payable to any recovery
or commercial agent and all other expenses incurred by BBP
in the recovery of the amount due.
Cancellation of Orders
Orders cannot be cancelled except with
written consent granted by BBP and upon terms that will indemnify
BBP against all losses. Non stock goods or materials ordered
in error or excess cannot be returned to BBP for credit or
exchange except by special arrangement. No refunds of payments
made towards a cancelled order will be given - a credit for
the value of the cancelled order less administration costs
will be held for the customer that can be used towards the
purchasing of other goods / services. Orders or balances of
orders may be cancelled at the option of BBP in the event
of any failure by the buyer to abide by the terms of contract.
Returns
All goods returned shall be returned at
the discretion of BBP and will be subject to a handling charge
of 20% of the value of goods and must be accompanied with
relevant proof of purchase documentation. Any costs incurred
to return goods to the place of despatch are at the buyer's
expense. Goods and packaging must be in original condition,
free from damage and blemishes. "Made to order"
goods which are accepted by the buyer in good order and condition
are non-returnable. BBP reserves the right to decline any
return of goods. No refunds will be given - goods can only
be exchanged for other goods to the equivalent value less
any costs.
Amendments to these Trading Terms
BBP reserves the righ to alter or change
these terms at any time and without notice. Any transactions
will be done as per these trading terms and conditions at
the time of the applicable transaction(s).
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