Westall Timber

Conditions of Sale

Acceptance

No binding contract shall be deemed to have been effected by the acceptance on the part of the buyer of a quotation or offer made by us until such contract shall have been confirmed by invoice or in writing by us. Our quotation, the order and our written acceptance shall constitute the whole agreement and all representatives, warranties, conditions and liabilities, statutory or otherwise, not contained therein are expressly excluded. Any conditions attached to an order contained in any written or printed document of the buy shall not apply unless accepted in writing by us.

Prices

Prices quoted are subject to an adjustment for any increase by the manufacturer or supplier at the date of despatch, an adjustment for increases of tax (both Federal and State), an adjustment for increases or imported goods caused by varying rate of Exchange customs or other duties or for any other reason which may cause an adjustment for increase in price.

Warranty

The seller will so far as it is legally possible assign to the buyer the benefit of any applicable factory warranty express or implied issued in relation to or applicable to the goods and will authorize the buyer at the buyer’s expense, the customary service furnished in connection therewith by the manufacturer PROVIDED THAT it will be under no obligation whatsoever to repair, replace or return any goods whether unmerchantable, faulty or otherwise, to the manufacturer AND FURTHER PROVIDED THAT all costs for repairs, replacements or returns will be borne by the buyer unless the manufacturer warrants otherwise.

Liability

The seller binds itself only to deliver goods in accordance with the general description and we do not warrant the quality, state, conditions or fitness of the goods specified and supplied.

We accept no liability for damages, breakages, loss or delay in transit, however arising out of the delivery of the goods once despatched from our premises, the manufacturer’s or supplier’s premises. Dates for delivery are given in good faith but are not guaranteed AND FURTHER unless otherwise arranged between us and the buyer, we may without notice arrange an independent courier. ALL transport charges will be borne by the buyer.

Acceptance

All goods ordered by the buyer (including its authorised employees or agents) are deemed to have been delivered in good order and condition seven days from despatch unless otherwise determined by us at our complete discretion. It is the buyer’s duty to inspect all goods and any expense incurred in returning any goods will be borne by the buyer. The property in the goods shall not pass to the buyer until the buyer shall have paid to the seller without deduction the price of the goods sold. (See special condition 10).

Terms of Payment

Payment is to be made in full before despatch unless credit terms are mutually agreed upon in writing. Time will be of the essence of any credits terms offered and payment shall be made by the buyer within such period or time that may be notified to the buyer by the seller. A service fee equal to 1.5 per cent per month on the outstanding overdue amount will be charged.

Jurisdiction

All contracts, written or otherwise between the seller and the buyer for the supply of goods and/or services are deemed to have been made in the State of Victoria and all monies due to the Seller by the buyer are deemed to be payable in the State of Victoria.

Cancellation

Orders cannot be cancelled except with our consent and upon terms that will indemnify us against all losses. Goods or materials ordered in error or in excess cannot be returned to us for credit or exchange except by special arrangements. Orders or balances of orders may be cancelled at our option in the event of any failure by the buyer to adhere to the terms of the contract.

Returns

Standard goods will not be accepted for return unless with our prior arrangement. All goods returned will be subject to a handling charge of 15% of the value of the goods. Goods and packaging must be in original conditions, free from damage and blemishes. “Made to Order” goods which are received in good order and condition are non-returnable.

Others

The goods supplied by us shall remain our property until such time as we have received payment in full therefore. Subject to the limitation, it is acknowledged that the buyer may deal, sell or trade with the goods in the normal course of business and providing that the buyer pays the agreed sales price in accordance with the terms and conditions of sale. In the event of the buyer defaulting in payment of goods or other default then we shall have the immediate right and without the necessity of giving any notice of retaking possession of the goods wherever they may be and the seller (or its servants or agents) is authorised to enter the premises on which the goods are kept and to retake possession and it shall not be liable for any costs, losses, damages or other expenses suffered by the buyer or any other third party in respect of such recovery.