1. Resin Flooring Group Pty Ltd. ABN 50 097 487 637 (“the Company”) agrees to provide the services set out herein, and you (“the Client”) agrees to pay the charges set out herein.
2. The Company shall not be liable for any failure to perform its obligations under this agreement if such performance is prevented, hindered or delayed by causes beyond its reasonable control.
3. Limitation of Liability
4. Product Guarantee
5. Special Conditions
In the event of the customer’s order form containing special printed conditions, the order will be accepted by us on the understanding that those special conditions are not at variance with our own, or if there is a variance, that such conditions have been waived by the customer.
All prices quoted are fixed and firm for the duration of the quoted period and are quoted in Australian Dollars. Any exchange rate variations, on specifically imported products shall be at the cost of the Client and calculated on the date of invoice.
All prices are quoted Net and exclude GST. Customers claiming GST exemption must quote their exemption number when ordering and send a confirmation order.
All items are quoted FOB Brisbane. Any costs arising from delivery charges will be at the customer’s expense, including a redelivery fee (if charged by the carrier). It is the customer’s responsibility to nominate their preferred carrier. If the customer does not nominate a carrier then the company will freight the goods using their chosen carrier.
The company shall use its best endeavours to meet delivery estimates but cannot accept liability whatsoever for failure to do so and failure to meet the delivery date shall not prejudice any further deliveries on the same order. Delivery can only be affected to your own known business address.
10. Shortages and Damage in Transit
Both the carrier and ourselves must be notified of damages to goods within three days of receipt of goods, or in cases or non-delivery or shortage – immediately upon receipt of invoice. Once the goods are dispatched to the carrier, they become the responsibility of the customer. All goods shall remain uninsured unless otherwise noted on the purchase order from the customer. Verbal authorisation will not constitute instruction.
11. Order Cancellation and or Returns
The Company may cancel this contract at any time by giving written notice. The company shall not be liable for any loss or damage whatever arising from such cancellation. No returns will be accepted for credit unless previously agreed upon. Under no circumstances can goods specially designed for the customer be returned for credit. A restocking fee may apply.
12. Settlement Terms
Full payment upfront or the client can submit an application for a predetermined payment plan consisting of monthly payments secured by a credit card. In addition, the company reserves the right to withdraw its payment plan to the Client at any time, and that when purchasing from the Company, the Client is required to pay upfront for that product.
13. Policy for Transmission of Credit Card Details
All credit card payments are processed securely through a recognized merchant payment gateway and ANZ.
14. Consumer Data and Privacy
All collected customer information will not be sold, leased, or distributed to any other third party.
15. Equitable Charge
The client as beneficial owner and/or registered proprietor now charges in favour of the Company all of the Clients estate and interest in any real property (including but not limited to any applicable land owned by the client named or described as the Clients street address in the credit application if applicable) )”Land”) to secure payment of accounts rendered by the company to the client for the delivery and/or supply of the goods including interest payable on these accounts and cost(including legal costs on a full indemnity basis) incurred by the company and including the costs to prepare and lodge a Caveat against the Land and to remove the Caveat.
The company reserves the right to review these terms and conditions at any time and from time to time. If, following any such review, there is to be any change in such terms and conditions, that change will take effect from the date on which the company notifies the client of such change. There terms and conditions and any contract to which they apply shall be governed by the laws of Queensland and are subject to the jurisdiction of the courts of the state of Queensland.
17. Default and Consequences of Default
If the client defaults in payment of any invoice when due, the Client shall indemnify the Company from and against all the Company’s legal costs and disbursements for collection or attempted collection of the defaulted amount calculated on a solicitor and own client basis.
Purchasers are responsible at their own expense for obtaining any licence and complying with any regulations in force within Australia and the country for which the goods are destined.
The Client shall be responsible for ensuring the fitness of purpose of the product for the Client’s application. Every effort has been made to ensure that the information given to the Client is correct. The company accepts no liability in respect of loss arising from errors in the information provided. In no event shall any breach of contract or tort or negligence or failure of any kind on our part or that of our employees be accepted as liability for loss of revenue or consequential loss or damage arising from any cause whatsoever.
Ownership of the goods does not pass to the Client until payment in full is made and any promissory notes are fully cleared.
21. Invoice Disputes
Any problem, error or dispute arising from our invoices must be raised within 10 working days of date of issue. The client shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Client by the Company.
PART 1 – DECLARATION AND AUTHORISATION
In this Declaration and Privacy Act Authorisation the Applicant and the Guarantor(s):
PART 2 – PRIVACY ACT AUTHORISATION
In accordance with Section 18N(1)(b) of the Privacy Act 1998 the Applicant and the Guarantor(s) authorise the Company to obtain credit reports or information about my/our credit worthiness, credit standing, credit history or credit capacity.
The Company may give information about me/us to a credit reporting agency to enable the Company to obtain a consumer credit report about me/us and/or to allow the credit reporting agency to create or maintain a credit information file about me/us. The information that may be given is limited to:
I/We agree that this information may be given before, during or after the provision of credit to the Applicant.
I/We further authorise the Company to obtain reports from a credit reporting agency or other business that provides information of our credit worthiness, and confirm and acknowledge that these reports may contain:
I/We further acknowledge that the information exchanged can include anything about my/our credit worthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988. I/We further authorise the Company to give a current or proposed guarantor any information regarding my/our credit history (including, if applicable, a copy of the credit report).
In accordance with Section 18K(l)(c) of the Privacy Act, I/we authorise the Company to obtain from a credit providing agency, a credit report containing personal credit information about me/us to assess whether to accept me/us as an applicant or a guarantor (as the case may be) for commercial credit applied for.