- Definitions
Under these terms and conditions, unless the context otherwise requires:
“Tigar Bathrooms” means Tigar Bathrooms Pty Ltd and its subsidiaries;
“Customer” means the customer who buys or agrees to buy the goods; and
“Goods” means the goods sold and purchased or agreed to be sold and purchased.
- Products and clarification
2.1 Tigar Bathrooms reserves the right to vary, alter or amend designs, drawings and the performance of its products without notice.
2.2 Drawings, specifications, explanatory literature and other materials provided for descriptive or explanatory purpose do not constitute representation by Tigar Bathrooms.
- Price and GST
3.1 All prices are exclusive of GST and subject to change without further notice.
3.2 The customer must pay GST and any other applicable taxes on the goods.
- Freight Charges
4.1 For all deliveries to store or freight depot in Melbourne metropolitan area:
- no freight will be charged to any order exceeded $800 exclusive of GST;
- A freight charge of $20 plus GST applies to any order less $800 excluded GST.
4.2 For all deliveries to anywhere other than Melbourne metropolitan, the customer must pay the cost of delivery unless otherwise agreed by Tigar Bathrooms.
- Goods Returned
5.1 Valid claims for incorrect or damaged goods sent will be credited in full when the goods are returned, provided we are notified with TWO week of delivery of goods. Freight will not be paid on goods returned by means other than those nominated by Tigar Bathrooms.
5.2 Wrongly ordered or unwanted goods can be returned within TWO weeks of receipt of goods, subject to the followings:
- we have received prior notification, either by advising our office or our representative;
- all goods are in their original packaging and good conditions.
- a 15% handling fee will be charged; and
- the customer is responsible for the arrangement of the return and all transportation costs if they occur.
- Payment
6.1 All invoiced amount must be paid in full without deduction and set-off by the Customer.
6.2 Unless a credit facility is granted, payment should be made prior or on the date of delivery.
6.3 For the customer having a credit facility, payment is strictly net THIRTY days from the end of the month in which the invoice was made subject to the credit limit.
6.4 If a default in payment occurs:
- Tigar Bathrooms may withhold further deliveries of goods and / or withdraw any credit facilities; and
- All outstanding amounts, even if not otherwise due for payment, become IMMEDIATELY payable.
- Retention of Title
7.1 Ownership of the Goods remains with Tigar Bathrooms until full payment is received.
7.2 Until the Customer pays all amounts it owes AUSSIELIFE, the Customer:
- must store the Goods in a way that identifies them as Tigar Bathrooms goods, distinguishable from other goods in the Customer’s possession;
- must acknowledge that it holds the Goods as Tigar Bathrooms bailee and that a fiduciary relationship exists with Tigar Bathrooms.
- Must hold the proceeds from any sales of Goods on trust for Tigar Bathrooms.
7.3 If the Customer fails to pay any amount when it is due, without notice to the Customer and without prejudice to any of its other rights, Tigar Bathrooms may recover and/or resell the Goods or any of them and may enter the Customer’s premises by its servants or agents for that purpose. The Customer indemnifies Tigar Bathrooms for all claims, actions, suits, demand, order for costs or damages to or arising out of such entry.
-
Warranty and Liability
- Unless stated otherwise, Tigar Bathrooms warrants for a period of FIVE years from the date of receipt of the goods, that the Goods will be free from defects in material and workmanship, except defects normally regarded as being commercially acceptable.
- All goods must be fitted by qualified tradespersons as per manufacturer’s instructions where available. Tigar Bathrooms warranty will not cover defects caused by improper installation or misuse.
- Tigar Bathrooms liability will be limited to the payment of the goods. TIGAR BATHROOMS is not responsible for the removal and replacement of the product and will not be liable for any loss, damage, injury including loss of profits and consequential loss, arising from the condition, supply or use of the Goods, or out of Tigar Bathrooms breach of performance, whether or not caused by Tigar Bathrooms
8.4 The Customer will be taken to have waived any claim for faulty goods which it may have against Tigar Bathrooms unless:
- ) The Customer gives Tigar Bathrooms written notice of the claim;
- ab) Tigar Bathrooms is given a reasonable opportunity to investigate the claim.