RETURNS ARE ONLY ACCEPTED WITHIN 7 DAYS OF PURCHASE IF THE ITEM/S ARE NOT AS DESCRIBED OR ARE FAULTY. WE DO ACCEPT RETURNS FOR CHANGE OF MIND. ALL RETURNS MUST BE IN ORIGINAL CONDITION AND PACKAGING. PHOTO EVIDENCE OF FAULTY PRODUCT MUST BE SUPPLIED VIA EMAIL BEFORE RETURN IS ACCEPTED. ALL DELIVERY COSTS ARE AT BUYERS EXPENSE FOR RETURNS.
Chirnside Carpets Pty Ltd – TERMS & CONDITIONS OF TRADE
1.1. “Seller” means the Chirnside Carpets outlet specified on the tax invoice its successors and assigns or any person acting on behalf of and with the written authority of that entity.
1.2. “Buyer” means the Buyer (or any person acting on behalf of and with the authority of the Buyer) as described on any quotation, work authorisation or other form provided by the Seller to the Buyer.
1.3. “Guarantor” means that person (or persons), or entity, who agrees to be liable for the debts of the Buyer on a principal debtor basis.
1.4. “Goods” means goods (including any timber, vinyl or carpet products) supplied by the Seller to the Buyer (and where the context so permits shall include any supply of Services) provided by the Seller to the Buyer or as described on the invoices , quotation, work authorisation or any other forms as provided by the Seller to the Buyer.
1.5. “Services” means all services supplied by the Seller to the Buyer and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).
1.6. “Price” shall mean the price payable for the Goods and/or Services as determined by clause 3 of this contract.
2.1. The Seller agrees to sell and the Buyer agrees to purchase the Goods on and subject to these terms and conditions.
2.2. Where more than one Buyer has entered into a contract with the Seller, the Buyers shall be jointly and severally liable for all obligations of the Buyer under this contract.
3. PRICE AND PAYMENT
3.1. At the Seller’s sole discretion the Price shall be either: (a) as indicated on invoices provided by the Seller to the Buyer in respect of Goods; or (b) subject to clause
3.2. The Seller’s quoted Price which shall be binding upon the Seller provided that the Buyer shall accept the Seller’s quotation verbally or in writing within fourteen (14) days or otherwise by making payment in cleared funds of the quoted Price.
3.3. The Seller reserves the right to change the Price in the event of a variation to the Seller’s quotation.
3.4. Any errors or omissions in quantities and / or measurements are accepted, and the Seller reserves the right to make any variations to the quotation, the order and the Price arising out of any such errors or omissions.
3.5. The Seller may request the Buyer pay a deposit in respect of any Goods/Services to be supplied by the Seller.
3.6. Unless otherwise notified in writing by the Seller, payment must be received in full on or before the Goods are delivered or the Services supplied or if a time is stated by the Seller, on or before the stated date.
3.7. The Seller may submit a detailed payment claim at intervals not less than one (1) month for work performed up to the end of each month. The value of work so performed shall include the reasonable value of authorised variations, whether or not the value of such variations has been finally agreed between the parties, and the value of materials delivered to the site but not installed. Progress payment shall be made within twenty (20) working days of each monthly payment claim.
3.8. Payment must be made by cash, cheque, bank cheque, credit card, direct credit or by any other method as agreed to between the Buyer and the Seller. If payment is by credit card a surcharge of up to 1.3% of the Price will be charged to the Buyer. 3.9. Prices stated do include GST and other taxes and duties. These are in addition to the Price except when they are expressly included in the Price.
4. DELIVERY OF GOODS
4.1. At the Seller’s sole discretion delivery of the Goods shall take place when: (a) the Buyer takes possession of the Goods at the Buyer’s nominated address (in the event that the Goods are delivered by the Seller or the Seller’s nominated carrier); or (b) the Buyer’s nominated carrier takes possession of the Goods in which event the carrier shall be deemed to be the Buyer’s agent.
4.2. The Buyer must make all arrangements necessary to take delivery of the Goods on the date notified by the Seller. In the event that the Buyer is unable to take delivery of the Goods on such date, the Seller may charge a fee for storage and redelivery.
4.3. Delivery of the Goods to a third party nominated by the Buyer is deemed to be delivery to the Buyer for the purposes of this contract.
4.4. The Seller may deliver the Goods by separate instalments and each instalment may be separately invoiced by the Seller.
4.5. The failure of the Seller to deliver on the nominated date shall not entitle either party to treat this contract as repudiated and the Seller shall not be liable to the Buyer for any loss or damage suffered by the Buyer due to failure by the Seller to deliver the Goods (or any of them) on the nominated date or at all.
5.1. Risk for and in the Goods passes to the Buyer on delivery.
5.2. The Buyer acknowledges that the Seller is entitled to receive all insurance proceeds payable for the Goods in respect of any loss or damage arising before title passes to the Buyer and the production of these terms and conditions by the Seller is sufficient evidence of the Seller’s rights to receive the insurance proceeds without the need for any person dealing with the Seller to make further enquiries.
6. INSTALLATION OF FLOORING
6.1. The Buyer acknowledges that: (a) the Seller is not responsible for the installation of any Goods when supplied only; and (b) all matters relating to installation (including costs) need to be arranged by the Buyer in a supply only situation. Whereas if the seller supplies and installs the goods, then the installation labour by the seller is guaranteed for 1 year from installation date.
7.1. Title to the Goods will not pass to the Buyer until: (a) the Buyer has paid the Seller all amounts owing for the Goods; and (b) the Buyer is not in breach of its obligations under this contract.
7.2. Receipt by the Seller of non -cash payment from the Buyer will not be deemed to be payment for the Goods until it has been cleared and until then the Seller retains all title to the Goods.
7.3. Until title to the Goods passes to the Buyer: (a) the Buyer must keep the Goods separate and identifiable as belonging to the Seller; (b) the Seller may give notice in writing to the Buyer to return the Goods to the Seller. Upon such notice the right s of the Buyer to obtain ownership or any other interest in the Goods shall cease; (c) the Buyer is a Bailee only of the Goods and must hold any proceeds from the sale or disposal of the Goods on trust for the Seller; (d) the Buyer must not charge the Goods in any way nor give any interest whatsoever in the Goods to another party; (e) the Seller can issue proceedings to recover the Price if the Goods are sold by the Buyer; (f) if the Goods are converted into other products by the Buyer, the parties agree that the Seller will be the owner of the end products; (g) the Seller has the right of stopping the Goods in transit whether or not delivery has been made; and (h) if the Buyer fails to return the Goods to the Seller as required under clause
7.3(b), the Seller or the Seller’s agent may enter land and premises owned, occupied or used by the Buyer, or any premises as the invitee of the Buyer, where the Goods are and take possession of the Goods.
8. BUYER’S DISCLAIMER
The Buyer hereby disclaims any right to rescind, or cancel any contract with the Seller or to sue for damages or to claim restitution arising out of any misrepresentation made to the Buyer by the Seller and the Buyer acknowledges that the Goods are bought relying solely upon the Buyer’s skill and judgment.
9.1. The Buyer must within seven days of delivery of the Goods notify the Seller in writing (Notice) of any alleged defect, shortage in quantity or damage to the Goods or failure by the Seller to comply with an invoice (Defective Goods).
9.2. The Buyer shall afford the Seller an opportunity to inspect the Defective Goods within a reasonable time following the date of the Notice.
9.3. If the Buyer does not issue a Notice within seven days of delivery, the Goods shall be deemed to be accepted by the Buyer free from any defect or damage.
10.1. In the event the supply of Goods to the Buyer constitutes a supply of goods or services to a consumer as defined in the Competition and Consumer Act 2010 (Cth) as amended, the Buyer may be entitled to statutory consumer guarantees and in that event the Seller does not exclude, restrict or modify those consumer guarantees.
10.2. In all other respects and to the extent permitted by law: (a) all terms, conditions, warranties and representations, express or implied by statute or otherwise, as to the description, merchantable quality or fitness for purpose of the Goods and/or Service s are excluded; (b) any liability on the Seller’s part which cannot be excluded in relation to the Goods and/or Services is limited at the Seller’s option to: (i) the replacement of the Goods or resupply of the Services or the supply of equivalent goods under the Contract; (ii) the repair of the Goods; (iii) the payment of the cost of replacing the Goods or resupplying the Services; or (iv) the payment of the cost of having the Goods repaired.
10.3. The Seller will not be liable under the Contract or otherwise under statute or common law for any indirect, special, economic or consequential loss or damage, or any loss of revenue, profits, goodwill, data, opportunities or anticipated savings, whether caused by negligence, breach of contract or otherwise and whether or not the Seller was, or should have been, aware of the possibility of such damage;
10.4. In no event will the Seller’s total liability for any claim (including a claim for a breach of warranty) related to, connected with or arising out of this contract exceed the Price paid by the Buyer.
11.1.The Buyer is entitled to return Goods if: (a) the Seller has agreed in writing to accept the return of the Goods; and (b) the Goods are returned at the Buyer’s cost within 14 days of the delivery date.
11.2. The Seller will not accept returned Goods which have been used or incorrectly stored.
11.3. Returned Goods must be in the condition in which they were delivered by the Seller, with all packaging material, brochures and instruction material in as new condition as is reasonably possible in the circumstances.
11.4. Returned Goods may (at the Seller’s sole discretion) incur restocking and handling fees.
12. WARRANTY FOR TIMBER
12.1. The Warranties provided by the Seller under this clause only apply in respect of Goods that are identified as Timber on an invoice validly issued by the Seller.
12.2. This warranty is not transferable and only applies to the original Buyer.
12.3. Subject to any damage caused by the installation of any Goods, the Manufacturer of the flooring will warranty the flooring as per their warranty, which can be found on their website and must be installed correctly (refer to installation guide) and maintained from the date of purchase.
12.4. The Seller will not in any way be liable to honour the Timber warranty for any loss suffered by the Buyer arising from any breach of the Timber Warranty caused or contributed by: (a) fair wear and tear to the Goods; (b) abuse or misuse of or damage to the Goods; (c) any modifications or alterations to the Goods by persons not an approved agent of the Seller; (d) the Buyer failing to conduct general maintenance and cleaning of the Goods; (e) improper sub -floor preparation; moisture rising from the sub -floor or walls; moisture being absorbed in the product from weather, water/liquid spillage or excess water being used during cleaning; no use of proper moisture barrier between the sub -floor and the underlay; Indentations from stiletto heels, golf or spiked shoes and heavy furniture; pets and insects; or (f) installation of flooring in extreme or uncontrolled climatic conditions like a tropical environment or regions subject to extreme temperatures and humidity variations unless the dwelling is permanently climate controlled with humidity between 25% & 55% and temperature between 18 & 25 C.
13. WARRANTY FOR CARPET AND VINYL
13.1. The Warranties provided by the Manufacturer under this clause only apply in respect of Goods that are identified as Carpet or Vinyl on an invoice validly issued by the Seller.
13.2. In respect of all Warranty claims the Seller shall not be liable to compensate the Buyer for any delay in either replacing or remedying the workmanship or in properly assessing the Buyer’s claim.
13.3. The Seller will pass on, to the extent legally possible, the benefit of the warranty of the provided by the manufacturer of the carpet or vinyl. The Seller shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the carpet or vinyl. 13.4. Subject to clause 14.3, The Seller will not in any way be liable for any loss suffered by the Buyer arising from any breach of the Warranty caused or contributed by: (a) fair wear and tear to the Goods; (b) abuse or misuse of the Goods; (c) any modifications or alterations to the Goods by persons not an approved agent of the Seller; (d) the Buyer failing to conduct general maintenance and cleaning of the Goods;
14. PRODUCT SPECIFICATIONS
14.1. The Buyer acknowledges that: (a) colour and weaves of Goods may vary slightly from samples; (b) Goods that are natural products may contain variations in colour, texture and grain and these will not constitute a defect in the Goods; (c) movement in Goods comprising timber of up to 10% is a natural character of those Goods and will not be accepted as a defect by the Seller; (d) the Seller will not be liable for any loss or damage caused by errors in the Buyer’s measurements or installation of Self -fit jobs; (e) whilst carpet or vinyl manufacturers make every effort to match dye lots, colours or shade may vary between batches of product and/or between sales samples and the actual product supplied; (i) there is no guarantee that patterned product will match perfectly or uniformly when installed; (j) the installation process for carpet or vinyl may require seams and cross -joins and that the appearance of these may be affected by light source and in particular the construction of the chosen product; (k) Permanent Pile Reversal Shading is a phenomenon that can appear in any cut pile carpet. Its occurrence is random and its causes are largely unexplained. It is commonly referred to as watermarking, pooling or puddling. A cut pile carpet that has “shaded” will show areas lighter and darker than the surrounding carpet pile. This variation is caused by the reflection of light from the pile tufts, which come to lay in different directions. Permanent Pile reversal shading will have some impact on the appearance of a carpet and the Buyer acknowledges that it may occur when buying a cut pile carpet;
15. SPECIAL CONDITIONS
15.1. The Seller will not be liable for any loss or damage to Goods or movement in flooring caused by extreme fluctuations in temperature, light or humidity that occur after installation of the Goods. The Buyer must have regard to the heating and cooling, ventilation, drainage and insulation or window dressings of the location of the Goods, and acclimatising Goods to the intended location.
15.2. The Seller will not be liable for any loss or damage to Goods caused by or arising from the storage of any Goods by the Buyer.
16. SHIFTING OF FURNITURE
16.1 We can shift furniture prior to installation; this will incur an additional fee.
16.2 We will only shift heavy or large items e.g. couch, TV, wall units, beds etc. These items must be emptied prior to installers arriving.
16.3 When we move refrigerators, we do not expect them to be emptied, but we do ask that items that may spill do not be left inside or otherwise secured with a lid.
16.4 Small items are to be shifted by customer. If small items are left in the rooms there will be additional fees.
16.5 If a customer is moving the furniture, the room must be 100% cleared. Any furniture left in the rooms to be laid will be charged to the customer at $35.00 per item.
16.6 Very large items such as grand pianos, slate based billiard table etc. are to be prearranged to be moved by the customer at the customers expense.
16.7 When washing machines or toilets are moved we do not guarantee that they will not leak after we have refitted hoses. Leaking may be due to old or worn-out washers or other parts of the machine. The customer may need to see a plumber to fix this if the problem arises, at the customer’s expense.
16.8 We do not remove any wired in or plumbed in items like dishwashers, stoves etc. These must be removed prior to installation if floor covering underneath is required.
17. TAKE UP AND REMOVAL.
17.1 When quoted on soft floor covering, all existing carpet and underlay will be removed.
17.2 If underlay is to be reused, the existing underlay is not guaranteed by Chirnside Carpets Pty Ltd and is the sole responsibility of the owner to be in useable clean condition.
17.3 When quoting on pull up of hard floor covering, this includes vinyl and hardboard removal.
17.4 When quoted on pull up of ceramic tiles, this includes ceramic tiles and a/c sheeting.
17.5 If there is a/c sheeting under the floor coverings, or the existing flooring is suspected of containing asbestos, then this is to be tested by a qualified tester at owner’s expense prior to work being performed. This cost currently is $220.00 per test, (which must be paid prior to works or testing) and a copy of the report will be given to the owner prior to removal. If the any part of the floor coverings returns positive for asbestos then we will not pull up and remove the existing floor coverings. The removal of asbestos will then need to be done by a qualified asbestos removal company in accordance with Australian standards, at the owner’s expense. We can supply a quote by a qualified asbestos removal specialist if required.
17.6 In instances where take up and removal is to be completed by the owner, it is then their responsibility to remove and dispose of the existing floor coverings. This will include all staples or nails in the subfloor that are sitting up. If this has not been done, then the extra work will be charged for unless prior arrangement has been made.
17.7 Sub-floor preparation is not included in the quotation, and any repairs are at owner cost.
18.1 Unavoidable damage to poorly prepared painted or stained surfaces is not the responsibility of the installer, e.g. skirting boards, railings and architraves.
18.2 If we damage any item of furniture or any part of the house. A damage report must be sent to Chirnside Carpets Pty Ltd in writing with attached photos within 7 days of completion. Otherwise no claim will be considered.
19. EXTRAS WE DON’T DO
19.1 We will not trim doors to fit new floor coverings, we may remove doors to fit new floor coverings, but it is the owner’s responsibility to refit these items.
19.2 The sub floor condition must be flat and smooth for laying of the new floor coverings. Any warping, cupping, wet or rotten subfloor must be made smooth, solid and dry at the owner’s expense.
19.3 Any water that damages the floor coverings from outside or inside the house is not the responsibility of Chirnside Carpets Pty Ltd.
20.1 Any extra work needed to be completed by the installers will be charged to the owner. These will be explained prior to completion and are to be paid for on completion as an extra cost.
20.2 Vacuuming, dusting or general cleaning is not included in quote. If any of these items is required, (at an additional charge), please ask your salesman for this costing.
20.3 Electrical power is required to perform all works. It is the owner responsibility for power to be on and connected for the installers. If power is required to be supplied by us, then an additional charge will be charged. It is the owner’s responsibility to advise us of this at least 7 days prior to installation.
21. UNFORESEEN DANGERS
21.1 If any unforeseen dangers arise during installation of the installation of floor coverings, we reserve the right to cease work until the job site is made safe at the owner’s expense.
22.1 At no time is the owner or any member of the public allowed within the work area. This is to protect the owner and / or public. Please allow us to keep our work place safe. At all times allow the installer to work in a safe manner, without the worry of injury to the owner, a member of the public or themselves.
1. DEFAULT & CONSEQUENCES OF DEFAULT
1.1. In the instance of payment not being received within specified dates, a fee of 0.042% per day will be incurred. An additional $35.00 charge will be added for administration costs per invoice, which sum shall become immediately due and payable, and such interest shall compound monthly at such a rate after as well as before any judgment.
1.2. “In the event where your overdue account is referred to a collection agency and/or law firm, you will be liable for all costs which would be incurred as if the debt is collected in full, including legal demand costs”.
1.3. In addition to any other remedies the Seller has, if at any time the Buyer is in breach of any obligation the Seller may suspend or terminate supply to the Buyer and any of its other obligations under the terms and conditions. The Seller will not be liable to the Buyer for any loss or damage the Buyer suffers because the Seller has exercised its rights under this clause.
1.4. In addition to the Seller’s other remedies at law or under these terms and conditions the Seller shall be entitled to cancel all or any part of any order of the Buyer which remains unfulfilled and all amounts owing to the Seller shall, whether or not due for payment, become immediately payable in the event that: (a) in the Seller’s opinion the Buyer will be unable to meet its payments as they fall due; or (b) the Buyer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Buyer or any asset of the Buyer.
2. SECURITY CHARGE AND THE PERSONAL PROPERTIES SECURITIES REGISTER (“PPSR”)
2.1. Despite anything to the contrary contained herein or any other rights which the Seller may have: (a) should the Seller elect to proceed in any manner in accordance with this clause and/or its sub -clauses, the Buyer and/or Guarantor shall indemnify the Seller from and against all the Seller’s costs and disbursements including legal costs on a solicitor and own client basis; (b) the Buyer and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint the Seller or the Seller’s nominee as the Buyer’s and/or Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause 18.1.
2.2. The Buyer acknowledges and agrees that it grants the Seller a Security Interest in the Goods and their proceeds by virtue of clause 7.
2.3. The Buyer will do all the things necessary including providing all information the Seller requires to register a Financing Statement or Financing Change Statement on the PPSR as a Security Interest and a Purchase Money Security Interest pursuant to the PPSA (Personal Properties Securities Act 2009).
2.4. The Buyer will not change the Buyer’s name, ACN or ABN or other details required on the PPSR without first notifying the Seller.
2.5. The Buyer waives the Buyer’s rights to receive a verification statement in respect of any Financing Statement or Financing Change Statement in respect of the Security Interest created pursuant to these terms and conditions.
2.6. The Buyer must pay the Seller’s costs of any discharge or necessary amendment of any Financing Statement or Financing Change Statement.
2.7. To the maximum extent permitted by law, the Buyer agrees that the following sections of the PPSA will not apply: Section 130; Section 142; and Section 143.
2.8. To the maximum extent permitted by law, the Buyer waives any rights the Buyer may have pursuant to, and hereby contract out the following sections of the PPSA: Section 95; Section 123; Section 129(2); Section 132; Section1 34(2); and Section 135.
2.9. The Goods supplied by the Seller secure the payment of the purchase price of those Goods and of any other Goods supplied by the Seller.
3.1. The Seller may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Buyer. On giving such notice the Seller shall repay to the Buyer any sums paid in respect of the Price. The Seller shall not be liable for any loss or damage whatever arising from such cancellation.
3.2. In the event that the Buyer cancels delivery of Goods the Buyer shall be liable for any loss or liability incurred by the Seller (including, but not limited to, any loss of profits) up to the time of cancellation.
4.1. The Buyer authorises the Seller to collect, retain and use any information about the Buyer for the purpose of assessing the Buyer’s credit worthiness, enforcing any rights under any contract with the Buyer, or marketing any goods and services provide d by the Seller to any other party.
4.2. The Buyer authorises the Seller to disclose any information obtained to any person for the purposes set out in clause 20.2.
4.3. The Buyer consents to the Seller using the personal information of the Buyer for the purposes of the Seller marketing to the Buyer.
5. BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENTS ACT 2002
5.1. At the Seller’s sole discretion, if there are any disputes or claims for unpaid Goods and/or Services then the provisions of the Building and Construction Industry Security of Payments Act 2002 may apply.
5.2. Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the Building and Construction Industry Security of Payments Act 2002 of Victoria, except to the extent permitted by the Act where applicable.
6.1. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
6.2. These terms and conditions and any contract to which they apply shall be governed by the laws of Victoria and are subject to the nonexclusive jurisdiction of the courts of Victoria.
6.3. In the event of any breach of this contract by the Seller the remedies of the Buyer shall be limited to damages which under no circumstances shall exceed the Price of the Goods.
6.4. The Buyer shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Buyer by the Seller.
6.5. The Seller may license or sub -contract all or any part of its rights and obligations without the Buyer’s consent. The Buyer may not assign its rights or obligations without the Seller’s prior written consent.
6.6. The parties acknowledge that time is of the essence in respect of all obligations under these terms.
6.7. The Seller reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which the Seller notifies the Buyer of such change.
6.8. The Seller shall not be liable for any default due to any act of God, war, terrorism, strike, lock -out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of the Seller.
6.9. The failure by the Seller to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Seller’s right to subsequently enforce that provision.
7.1. Where there is a Guarantor, the Guarantor guarantees the obligations of the Buyer to the Seller.
7.2. The obligation of the Guarantor is as principal, and the Seller is able to pursue the Guarantor immediately following a breach without having to exhaust all recourse against the Buyer first.