1. General
1.1 These Terms set out the entire agreement between National Flooring Outlet and the Customer (the "Agreement")
1.2 In these Terms: 'Business Day' means a day on which banks are open for business in Victoria; 'Goods' mean the goods offered to and ordered by the Customer from National Flooring Outlet as set out on the Order Form; 'Customer' means the individual, or company, described as such on the Order Form; 'Order' means the request to National Flooring Outlet to supply Goods to the Customer pursuant to the Order Form; 'Order Form' means the form overleaf; 'Purchase Price' means the price of the Goods as set out on the Order Form; 'Terms' means these Terms and Conditions;
2. Payment
2.1 All special orders (outside of existing range) will require a 100% payment prior to ordering goods.
2.2 Customers with a credit account must pay the purchase price within 30 days from end of month of the invoice
2.3 Prices of the goods are subject to alteration without notice
3. Failure to Pay
3.1 If National Flooring Outlet does not receive payment of the Purchase Price in full by the due date, National Flooring Outlet may, on the day following the due date (the "date of default"), without prejudice to any other rights it may have:- (a) Charge interest on any amount outstanding by the Customer at a rate equal to the rate prescribed from time to time under the Penalty Interest Rates Act 1983 (Vic) plus 2%; and /or (b) Suspend provision and/or delivery of the Goods until such time as payment of the Purchase Price in full, interest and any other amount payable under this Agreement is made to National Flooring Outlet.
3.2 Clause 3.1 shall survive the termination of this Agreement.
3.3 The Customer shall be liable for all reasonable expenses (including recovery of monies owed) and legal expenses (on an indemnity basis from the date of default) incurred by National Flooring Outlet in the enforcement and or recovery of monies outstanding to National Flooring Outlet.
3.4 Any monies received by National Flooring Outlet in respect of monies owing by the Customer shall be first applied to interest if any that has accrued, secondly to any expenses incurred by National Flooring Outlet under clause 3.3, and then thirdly to any part of the Purchase Price outstanding.
3.5 Failure on the part of National Flooring Outlet to enforce and/or insist on the timely performance of any Terms, or National Flooring Outlet' failure to exercise any right or remedy available to National Flooring Outlet under these Terms or generally, or National Flooring Outlet' failure to insist upon the timely payment of any monies, interest and other expenses incurred as provided for under this Agreement shall not constitute a waiver of any of National Flooring Outlet Rights to demand timely payment of any fees or expenses incurred pursuant to this Agreement.
4. Title to goods and risk
4.1 Until payment in full of the Purchase Price and any other sums due under this Agreement is made to National Flooring Outlet, title to the Goods shall not pass to the Customer. Should the Customer have possession of the Goods before payment for the Goods is made in full, the Customer does so as a Bailee for National Flooring Outlet and therefore shall immediately return the goods to National Flooring Outlet upon request.
4.2 If Goods are not returned on request under clause 4.1, National Flooring Outlet may recover possession of any Goods held by the Customer as delivered and/or supplied by National Flooring Outlet at any premises owned, possessed or controlled by the Customer under an irrevocable licence which hereby granted by the Customer to National Flooring Outlet.
4.3 Risk in the Goods passes to the Customer when the Goods are collected by, or delivered to, the Customer.
5. Deliveries & Customer Pick ups
5.1 National Flooring Outlet reserves the right to stop or refuse the supply of Goods at any time without reason.
5.2 If agreed as per the Order Form, National Flooring Outlet will deliver the Goods to the Customer's address set out on the Order Form, and the Goods shall be deemed to be delivered when National Flooring Outlet obtain an acknowledgement of delivery from a person with apparent authority at the delivery address.
5.3 Times quoted for delivery are estimates only. National Flooring Outlet does not accept any responsibility or liability for any loss of any kind suffered as a result of failure and/or delay in the delivery or supply of any Goods.
5.4 Delay in the delivery of Goods shall not entitle the Customer to any refund or discount of the Purchase Price, nor shall it relieve the Customer of its obligation to accept and make full and final payment for the Goods by the due date.
5.5 Direct and consumer pick-up guidelines must be adhered to. (a) Any client pick-ups are at own responsibility, broken tiles will not be replaced; (b) Purchase orders must include preferred pickup date, time and contact name. (c) A minimum turnaround time of 2 hours applies to all pick up orders. (d) Correct customer name and purchase order number, or proof of purchase, must be provided upon collection. (e) Manual loading of orders is the responsibility of the driver/collector.
National Flooring Outlet personnel are unable to assist with manual loading of orders.
(f) Goods are to be inspected at time of collection, and prior to loading, as no claims for breakages will be accepted due to manual loading of orders. (g) Pallets will only be loaded onto suitable vehicles with clear unhindered forklift access. (h) National Flooring Outlet will not load any vehicle above its registered payload.
6. Cancellations, Returns and Claims (Liability)
6.1 National Flooring Outlet will not accept any cancellations or partial cancellations of an Order made 24-hours after an Order has been placed, unless a cancellation charge of 10% of the Purchase Price is paid to National Flooring Outlet.
6.2 Subject to Clause 6.3, if Goods are returned, the Customer must provide proof of purchase of all such Goods.
6.3 Goods must be inspected and any claim made before the Goods are fixed or installed and no claims may be made and no liability will be admitted once the Goods are fixed or installed.
6.4 Credits for returns must be requested no later than 14 days from original invoice date and all returns will incur a 20% handling fee. All credit requests must be submitted through via email to "sales@nfoutlet.com.au" for processing and approval. When the return is approved by our office, you will be provided an approved email confirmation for your reference. It is the Customer's responsibility to return all goods to National Flooring Outlet. Goods must be returned to our warehouse within 7 business days of the official date of authorisation as specified on the return confirmation email. If goods are not received into our warehouse within the 7 business day period, the return for credit will be cancelled.
6.5 National Flooring Outlet will not accept return of goods under the following conditions: (1) goods returned without proof of original purchase, (2) goods purchased as a special order, (3) discontinued products, sale/clearance lines, or goods promoted as second quality, (4) shade of goods to be returned no longer available in our warehouse, (5) returned goods in a non-saleable condition, e.g. original packaging damaged, and/or (6) individual tiles from an opened box.
6.6 Subject always to the provisions of the Trade Practices Act 1974 and any applicable State legislation:- (a) all terms, conditions and warranties, other than those set out in these Terms or which cannot be excluded, are excluded; (b) National Flooring Outlet shall not be liable to the Customer or to any third party for any loss or damage (including indirect, special, incidental or consequential loss or damage) howsoever caused which may arise out of failure or omission on the part of National Flooring Outlet. (c) National Flooring Outlet' liability for any breach of any term or condition set out in these Terms shall at the National Flooring Outlet be limited to:- (i) a refund of the Purchase Price; (ii) the replacement of the Goods or the supply of equivalent Goods; or (iii) the payment of the cost of replacing the Goods or acquiring equivalent Goods (d) no claims or liability shall be accepted by National Flooring Outlet in respect of- (i) crazing and shade variations which are an inherent characteristic of all ceramic products and different shades are to be expected from shipment; (ii) reasonable variations between samples provided, Goods displayed, and actual Goods supplied, and between deliveries of Goods; (iii) Cushion edge tile laid with less than a 3mm spacer between tiles (iv) second quality Goods, which may be subject to colour and/or size variation, surface warpage and glaze imperfections; (v) quantities quoted by
National Flooring Outlet' staff. Any such quantities are estimates and approximate only, and it is the Customer's responsibility to ensure that the correct quantities are ordered; (vi) marble tiles if these are not used and cleaned in accordance with the manufacturer's guidelines; and (e) credits will not be allowed in respect of; (i) Goods purchased at special or discounted prices or as second quality Goods; (ii) Goods or shades no longer available or which were specially ordered; (iii) Goods not in perfect condition, in opened boxes or which are damaged in any way.
6.7 Any claims, complaints or notify action of missing or damaged Goods delivered to the Customer must be made to National Flooring Outlet within 7 Business Days of delivery or supply of Goods, and before the Goods are fixed and/or installed. The Customer shall be deemed to have accepted the Goods and to have waived any and all rights if no claim, complaint or notify action is made within this time. Any claim, complaint or notify action made outside this time, or after the goods have been fixed or installed shall not be accepted.
7. Warranties
7.1 The Goods supplied by National Flooring Outlet are guaranteed only to the extent that any guarantee is provided by the manufacturer of the goods.
7.2 Ceramic tiles are not guaranteed against cracking, crazing, chipping or breaking.
1.1 These Terms set out the entire agreement between National Flooring Outlet and the Customer (the "Agreement")
1.2 In these Terms: 'Business Day' means a day on which banks are open for business in Victoria; 'Goods' mean the goods offered to and ordered by the Customer from National Flooring Outlet as set out on the Order Form; 'Customer' means the individual, or company, described as such on the Order Form; 'Order' means the request to National Flooring Outlet to supply Goods to the Customer pursuant to the Order Form; 'Order Form' means the form overleaf; 'Purchase Price' means the price of the Goods as set out on the Order Form; 'Terms' means these Terms and Conditions;
2. Payment
2.1 All special orders (outside of existing range) will require a 100% payment prior to ordering goods.
2.2 Customers with a credit account must pay the purchase price within 30 days from end of month of the invoice
2.3 Prices of the goods are subject to alteration without notice
3. Failure to Pay
3.1 If National Flooring Outlet does not receive payment of the Purchase Price in full by the due date, National Flooring Outlet may, on the day following the due date (the "date of default"), without prejudice to any other rights it may have:- (a) Charge interest on any amount outstanding by the Customer at a rate equal to the rate prescribed from time to time under the Penalty Interest Rates Act 1983 (Vic) plus 2%; and /or (b) Suspend provision and/or delivery of the Goods until such time as payment of the Purchase Price in full, interest and any other amount payable under this Agreement is made to National Flooring Outlet.
3.2 Clause 3.1 shall survive the termination of this Agreement.
3.3 The Customer shall be liable for all reasonable expenses (including recovery of monies owed) and legal expenses (on an indemnity basis from the date of default) incurred by National Flooring Outlet in the enforcement and or recovery of monies outstanding to National Flooring Outlet.
3.4 Any monies received by National Flooring Outlet in respect of monies owing by the Customer shall be first applied to interest if any that has accrued, secondly to any expenses incurred by National Flooring Outlet under clause 3.3, and then thirdly to any part of the Purchase Price outstanding.
3.5 Failure on the part of National Flooring Outlet to enforce and/or insist on the timely performance of any Terms, or National Flooring Outlet' failure to exercise any right or remedy available to National Flooring Outlet under these Terms or generally, or National Flooring Outlet' failure to insist upon the timely payment of any monies, interest and other expenses incurred as provided for under this Agreement shall not constitute a waiver of any of National Flooring Outlet Rights to demand timely payment of any fees or expenses incurred pursuant to this Agreement.
4. Title to goods and risk
4.1 Until payment in full of the Purchase Price and any other sums due under this Agreement is made to National Flooring Outlet, title to the Goods shall not pass to the Customer. Should the Customer have possession of the Goods before payment for the Goods is made in full, the Customer does so as a Bailee for National Flooring Outlet and therefore shall immediately return the goods to National Flooring Outlet upon request.
4.2 If Goods are not returned on request under clause 4.1, National Flooring Outlet may recover possession of any Goods held by the Customer as delivered and/or supplied by National Flooring Outlet at any premises owned, possessed or controlled by the Customer under an irrevocable licence which hereby granted by the Customer to National Flooring Outlet.
4.3 Risk in the Goods passes to the Customer when the Goods are collected by, or delivered to, the Customer.
5. Deliveries & Customer Pick ups
5.1 National Flooring Outlet reserves the right to stop or refuse the supply of Goods at any time without reason.
5.2 If agreed as per the Order Form, National Flooring Outlet will deliver the Goods to the Customer's address set out on the Order Form, and the Goods shall be deemed to be delivered when National Flooring Outlet obtain an acknowledgement of delivery from a person with apparent authority at the delivery address.
5.3 Times quoted for delivery are estimates only. National Flooring Outlet does not accept any responsibility or liability for any loss of any kind suffered as a result of failure and/or delay in the delivery or supply of any Goods.
5.4 Delay in the delivery of Goods shall not entitle the Customer to any refund or discount of the Purchase Price, nor shall it relieve the Customer of its obligation to accept and make full and final payment for the Goods by the due date.
5.5 Direct and consumer pick-up guidelines must be adhered to. (a) Any client pick-ups are at own responsibility, broken tiles will not be replaced; (b) Purchase orders must include preferred pickup date, time and contact name. (c) A minimum turnaround time of 2 hours applies to all pick up orders. (d) Correct customer name and purchase order number, or proof of purchase, must be provided upon collection. (e) Manual loading of orders is the responsibility of the driver/collector.
National Flooring Outlet personnel are unable to assist with manual loading of orders.
(f) Goods are to be inspected at time of collection, and prior to loading, as no claims for breakages will be accepted due to manual loading of orders. (g) Pallets will only be loaded onto suitable vehicles with clear unhindered forklift access. (h) National Flooring Outlet will not load any vehicle above its registered payload.
6. Cancellations, Returns and Claims (Liability)
6.1 National Flooring Outlet will not accept any cancellations or partial cancellations of an Order made 24-hours after an Order has been placed, unless a cancellation charge of 10% of the Purchase Price is paid to National Flooring Outlet.
6.2 Subject to Clause 6.3, if Goods are returned, the Customer must provide proof of purchase of all such Goods.
6.3 Goods must be inspected and any claim made before the Goods are fixed or installed and no claims may be made and no liability will be admitted once the Goods are fixed or installed.
6.4 Credits for returns must be requested no later than 14 days from original invoice date and all returns will incur a 20% handling fee. All credit requests must be submitted through via email to "sales@nfoutlet.com.au" for processing and approval. When the return is approved by our office, you will be provided an approved email confirmation for your reference. It is the Customer's responsibility to return all goods to National Flooring Outlet. Goods must be returned to our warehouse within 7 business days of the official date of authorisation as specified on the return confirmation email. If goods are not received into our warehouse within the 7 business day period, the return for credit will be cancelled.
6.5 National Flooring Outlet will not accept return of goods under the following conditions: (1) goods returned without proof of original purchase, (2) goods purchased as a special order, (3) discontinued products, sale/clearance lines, or goods promoted as second quality, (4) shade of goods to be returned no longer available in our warehouse, (5) returned goods in a non-saleable condition, e.g. original packaging damaged, and/or (6) individual tiles from an opened box.
6.6 Subject always to the provisions of the Trade Practices Act 1974 and any applicable State legislation:- (a) all terms, conditions and warranties, other than those set out in these Terms or which cannot be excluded, are excluded; (b) National Flooring Outlet shall not be liable to the Customer or to any third party for any loss or damage (including indirect, special, incidental or consequential loss or damage) howsoever caused which may arise out of failure or omission on the part of National Flooring Outlet. (c) National Flooring Outlet' liability for any breach of any term or condition set out in these Terms shall at the National Flooring Outlet be limited to:- (i) a refund of the Purchase Price; (ii) the replacement of the Goods or the supply of equivalent Goods; or (iii) the payment of the cost of replacing the Goods or acquiring equivalent Goods (d) no claims or liability shall be accepted by National Flooring Outlet in respect of- (i) crazing and shade variations which are an inherent characteristic of all ceramic products and different shades are to be expected from shipment; (ii) reasonable variations between samples provided, Goods displayed, and actual Goods supplied, and between deliveries of Goods; (iii) Cushion edge tile laid with less than a 3mm spacer between tiles (iv) second quality Goods, which may be subject to colour and/or size variation, surface warpage and glaze imperfections; (v) quantities quoted by
National Flooring Outlet' staff. Any such quantities are estimates and approximate only, and it is the Customer's responsibility to ensure that the correct quantities are ordered; (vi) marble tiles if these are not used and cleaned in accordance with the manufacturer's guidelines; and (e) credits will not be allowed in respect of; (i) Goods purchased at special or discounted prices or as second quality Goods; (ii) Goods or shades no longer available or which were specially ordered; (iii) Goods not in perfect condition, in opened boxes or which are damaged in any way.
6.7 Any claims, complaints or notify action of missing or damaged Goods delivered to the Customer must be made to National Flooring Outlet within 7 Business Days of delivery or supply of Goods, and before the Goods are fixed and/or installed. The Customer shall be deemed to have accepted the Goods and to have waived any and all rights if no claim, complaint or notify action is made within this time. Any claim, complaint or notify action made outside this time, or after the goods have been fixed or installed shall not be accepted.
7. Warranties
7.1 The Goods supplied by National Flooring Outlet are guaranteed only to the extent that any guarantee is provided by the manufacturer of the goods.
7.2 Ceramic tiles are not guaranteed against cracking, crazing, chipping or breaking.