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Terracotta Works |
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Definitions
"The Company" refers to TDP Trading Pty Ltd and all of its trading entities.
These Terms of Trade supersede any previous written or oral agreements or understandings of any kind between "the Company" and the Customer.
These Terms of Trade govern all transactions and apply to all sales of goods by "the Company" to, or at the direction of, the customer, except as otherwise agreed in writing.
"The Company" may amend these Terms of Trade by written notice to the Customer and the amended Terms of Trade shall apply to all goods ordered by the Customer from "the Company" after the date of the notice.
"The Company" will not be bound by any terms or conditions attaching to the Customer's purchase orders.
If any term or provision of these Terms of Trade, or any part thereof, is unenforceable for any reason, the remainder of these Terms of Trade shall not be affected and such invalid term or provision, or part thereof, shall be deemed to be deleted and the remainder of these Terms of Trade shall continue in full force and effect.
Please phone, fax or email any order requirements to sales@terracottaworks.com.au.
Orders for delivery may be subject to a minimum value and or freight charge.
Our payment terms are Cash on delivery. Trading accounts available to approved customers. All goods are supplied pursuant to the TDP Trading Pty Ltd 'Terms of Trade' listed below.
Range displays may be viewed at our Melbourne warehouse from 9am to 4pm Monday to Friday by appointment only. Please telephone to arrange an appointment.
As stock levels fluctuate, some items may be temporarily unavailable.
Length, width, height are in centimetres. Weight is in kilograms. Actual dimensions may vary. The catalogue pictures are not to scale.
Colours may vary from the catalogue pictures.
All claims for goods damaged on delivery or goods short delivered must be made in writing within 48 hours of delivery. Claims lodged after this time will not be settled.
All prices quoted or contained in the pricelist are exclusive of G.S.T. 10% G.S.T. will be charged on all invoices.
Prices are subject to change without notice. Please confirm the validity of prices before on quoting goods from the range.
"The Company" may accept or reject any order for any reason or may withdraw credit at any time for any reason.
The Customer remains liable to "the Company" notwithstanding those goods may be delivered by "the Company" to a third part at the direction of the Customer.
The Customer must advise "the Company" in writing of any disputed invoice or account within 48 hours of the date of delivery, otherwise the Customer shall be deemed to have accepted the charges as correct and will be bound thereby.
"The Company" will not be liable in any way for any failure to fulfil any order, or part thereof, for any reason, or for or in connection with any delay in the supply or delivery of goods.
Any claims for shortages or rejection of faulty goods shall be deemed to be waived and released by the Customer unless made in writing within 48 hours of the date of delivery for the goods in question.
Any display stands and advertising materials provided by "the Company" remain the property of "the Company" and can be recovered at any time.
All goods are sold "ex store". "The Company's" list prices do not include GST, or any other charges, including freight, shipping, handling or insurance. The Customer is liable to pay all GST and such other charges as applicable and as invoiced.
Unless otherwise agreed in writing by "the Company" the Customer must pay all amounts due within 30 days after the end of month during which delivery was made, without deduction (and notwithstanding any claim whatsoever that the Customer has or may wish to make against "the Company"). COD accounts are due prior to or on delivery. "The Company" may withhold despatch of any part of any order or require prepayment for any given shipment if the Customer fails to make payments due in accordance with the provisions of these Terms of Trade or any written directions given prior to the date of delivery.
The Customer aggress to notify "the Company" or any change of address, ownership or legal status of their business and provide any further details required by "the Company" in order to assess any provision of ongoing credit to the Customer from time to time.
Property in and title to the goods supplied by "the Company" will not pass to the Customer until payment for the goods and all goods sold at any time by "the Company" to the Customer has been received in full. Until that time the goods are held by the Customer for "the Company" and until payment is received in full, title to and the right to repossess the goods remains with "the Company". If the Customer is in default, including non-payment of monies due, "the Company" shall be entitled to retake possession of the goods without notice and for that purpose "the Company" is authorised by the Customer to enter the Customer's premises at any time for the purpose of retaking possession of "the Company's" goods and "the Company" shall not be liable for any claim whatsoever arising as a consequence of such entry.
The Customer shall be liable for and must pay all costs incurred in the recovery of any goods not paid for and any amounts due by the Customer to "the Company" on a full indemnity basis, including the charges of any mercantile/ collection agents and cost of any solicitors appointed by "the Company".
All shareholders in the customers business shall be jointly and severally liable for all obligations noted in this document.
The Customer agrees and acknowledges that "the Company" may utilize any information previously provided to it by the Customer and any information which the Customer provides pursuant to these Terms of Trade of subsequently hereto to investigate the credit worthiness of the Customer, including making inquiries to banks and financial institutions, the Customer's trade referees, bankers and credit providers and the Customer authorises each such person to disclose to "the Company" all such information in their possession concerning the Customer that is requested by "the Company". "The Company" is committed to ensuring the confidentiality and privacy of personal information which it receives. The information received may be stored. "The Company" will not use personal information for any purposes not relating to the goods, products or services provided by "the Company" to the Customer. "The Company" may pass all such information onto any Purchaser of the business or part of the business of "the Company".
