Port Macquarie Carpet Court CARPET COURT:
ABN: 50 402 497 365
GENERAL TERMS AND CONDITIONS OF SALE
These general terms and conditions of sale apply to the supply of goods and services by Port Macquarie Carpet Court ABN 50 402 497 365, 1/175 Lake Rd, Port Macquarie NSW 2444 (“Carpet Court”) to the Purchaser.
These terms and conditions of sale apply to all quotations provided by Carpet Court. The acceptance of a Carpet Court quotation includes the acceptance of these general terms and conditions of sale.
1. DEFINITIONS
The following words shall have, where the context so permits, the following meanings:
“Delivery Point” means the address nominated by the Purchaser as the place for delivery of Goods;
“Goods” means all materials, supplies, equipment, services and the like to be provided by Carpet Court to the Purchaser;
“Invoice” means the agreement between Carpet Court and the Purchaser incorporating the quotation, these general terms and conditions of sale, and all documents applicable;
“Purchaser” means the person, firm or corporation who has ordered the Goods on the Invoice from Carpet Court;
"Services" means the delivery and / or installation (as applicable) services provided by Carpet Court or its contractors (as applicable).
2. DEPOSITS
A deposit may be required on the creation of an Invoice.
To the extent permitted by law, deposits are not refundable:
(a) once the Goods have been ordered and delivered to Carpet Court’s premises or are in transit; or
(b) after 14 days from the date of the Invoice.
3. PRICE AND PAYMENT
3.1. All prices on the Invoice shall be determined by Carpet Court pursuant to the quoted price payable per item or metre rate, plus GST if the price is not GST inclusive.
3.2. The Goods on the Invoice must be paid for in full upon collection or Delivery.
3.3. Interest may be charged on all overdue accounts at the overdraft interest rate charged by Carpet Court’s bankers. In addition, any reasonable collection charges, legal expenses, and commissions incurred in attempting to recover payment will be payable by the Purchaser.
4. TITLE AND RISK
4.1. Legal and beneficial ownership in and to the Goods shall remain with Carpet Court until the Purchaser has paid in full all amounts owing to Carpet Court for the Goods.
4.2. Until the Goods are paid for in full, the relationship between the parties shall be fiduciary, the Purchaser shall hold the Goods as bailee of the Goods.
4.3. Once the Goods are delivered to the Delivery Point, or are collected by the Purchaser, they shall become the Purchaser’s sole responsibility.
4.4 If the Purchaser fails to make payment for the Goods in accordance with the Invoice, Carpet Court shall have the right to recover the Goods from the Purchaser.
5. CANCELLATIONS
Any carpet that has been cut prior to installation at Carpet Court’s workrooms cannot be cancelled and full payment will be required (less underlay and installation charges).
6. DELIVERY
6.1. All Goods shall be delivered by Carpet Court to the Delivery Point after reasonable notice of delivery time has been given to the Purchaser. If the Delivery Point is unattended or if delivery cannot otherwise be effected by Carpet Court, Carpet Court may, at its option, leave the Goods at the Delivery Point if it reasonably believes it is safe to do so, or store the Goods at its discretion. If the Goods are stored by Carpet Court, the Purchaser shall pay or indemnify Carpet Court for the reasonable costs and expenses incurred. After giving the Purchaser reasonable notice, Carpet Court shall be at liberty to re-attempt to deliver the Goods to the Delivery Point at the Purchaser’s expense.
6.2. Any time quoted for delivery and / or installation (as applicable) of the Goods is an estimate only. Carpet Court shall not be liable for any loss or damage arising as a result of or consequence of any failure to deliver or delay in delivery due to circumstances out of Carpet Court's control.
6.3. If Carpet Court determines, acting reasonably, that it is or may be unable to deliver the Goods within a reasonable time, or at all, the Invoice may be cancelled by Carpet Court. In the event of cancellation, Carpet Court will refund any monies paid and, to the extent permitted by law, the Purchaser shall not have any claim against Carpet Court for any damage, loss, cost, or expense.
7. INSTALLATION
7.1. All Goods are installed to manufacturer’s specifications by experienced installers.
7.2. . The Purchaser accepts that although all care will be taken, installation of floor coverings involves consistent contact with skirting, architraves, and walls, which may cause marking. Carpet Court does not accept responsibility for any marking unless the marking has been caused by Carpet Court's negligent act or omission. Purchasers should be aware that newly painted surfaces are particularly prone to marking or damage. Where possible, floor covering installation ought to be arranged prior to or be delayed until such time that paint has cured to lessen the potential for marking.
7.3. In certain circumstances, removal and replacement of furniture can be arranged by Carpet Court. The Purchaser accepts that while any removal and / or replacement of furniture will be done with all due care, [option 1 removal and replacement is done by Carpet Court staff ~ Carpet Court does not accept liability for any loss or damage except those caused or contributed to by the negligent act or omission of Carpet Court] [option 2 removal and replacement is done by a third party ~ Carpet Court does not accept any liability for any loss or damage as a result of the removal or replacement of furniture.]
7.4. Placement of floor covering joins are at the discretion of Carpet Court unless otherwise specified by the Purchaser acting reasonably.
7.5. All valuables, including but not limited to, jewellery, monies, antiques etc. are to be moved to a safe place out of the areas of installation.
7.6. Carpet Court takes no responsibility for reconnecting the Purchaser's audio-visual equipment, computers or any other electrical appliances which may have been moved.
7.8. Under no circumstances will Carpet Court’s installers disconnect or move gas heaters, stoves, phone points or other appliances or fixtures that require a plumber, electrician, or other suitably qualified technician.
7.9 In certain circumstances Carpet Court’s installers may need to remove internal doors that do not have sufficient clearance for the installation of floor coverings, in these instances the Purchaser is responsible for arranging a suitable tradesperson to re-install the doors.
8. GUARANTEES
8.1. Carpet Court guarantees that the installation of the Goods will be carried out in a professional manner. Carpet Court will rectify any issues relating to the installation of the Goods, provided that the complaints of this nature are notified to Carpet Court as soon as they become apparent, within /24] months of the installation date and provided that the Goods have been installed by Carpet Court.
8.2. In addition to the guarantee set out in clause 8.1, the Goods and Services come with guarantees that cannot be excluded under the Australian Consumer Law. The Purchaser is entitled to a replacement or refund for a major failure and for compensation for any other reasonable foreseeable loss or damage. The Purchaser is also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure.
8.3. The express guarantee in clause 8.1 does not apply to or cover the following:
(a) Wear and tear caused by normal usage, including but not limited to, flattening, matting, shedding, pilling, and shading;
(b) Seconds and remnants when sold as such;
(c) Obvious manufacturing faults not brought to Carpet Court’s attention immediately;
(d) Purchaser dissatisfaction with type and colour selected;
(e) Peaking of seams which may occur in some carpets under certain light conditions. This is not a fault in the carpet nor installation. Carpet Court does its best to minimise this and, in some cases, peaking or pouting of seams may be obvious but will settle over time; and
(f) the shading, tracking and water marking of cut pile carpets. This is not a manufacturer fault, but a characteristic of all cut pile carpets. Should you require information on this please discuss prior to installation, as no claim will be recognised under clause 8.1 once installation is commenced.
9. VARIATIONS OF COLOUR, TEXTURE AND SHADE
‘Blooming’ or ‘Permanent Pile Reversal’ and shade variations are a natural phenomenon in some carpets. Every reasonable endeavour is made by Carpet Court in relation to any variations of the Goods, colour and shade variations are an inherent part of the manufactured product.
10. EXAMINATION OF GOODS
10.1. The Purchaser will be responsible for immediate examination of the Goods at Carpet Court’s premises or at the Delivery Point. If the Purchaser believes any of the Goods are damaged, the Purchaser should immediately notify Carpet Court (and, if the initial notification was made verbally, provide written notification as soon as possible) and set aside the Goods for inspection by a nominated representative of Carpet Court.
10.2. All Goods should be checked for authenticity prior to installation.
11. ADVICE
Any advice, recommendation, information or assistance provided by Carpet Court in relation to the Goods, including use and application of the Goods is given in good faith and in reliance on any information provided by the Purchaser. No liability or responsibility is accepted by Carpet Court for any damage, loss (direct or indirect) or any consequential loss suffered by the Purchaser as a result of reliance upon the advice, recommendation, information or assistance to the Purchaser caused or contributed to by the information provided ,or failure to provide information, by the Purchaser.
12. INDIRECT LOSS
Notwithstanding any other provision of this Invoice to the contrary, to the extent permitted by law, Carpet Court shall not be liable for any loss or damage to the Purchaser arising from or caused or contributed to by Carpet Court, its servants or agents, nor shall Carpet Court be liable for special, incidental, indirect or consequential loss or damage suffered by the Purchaser as the result of a breach by Carpet Court of its obligations.
13. GOVERNING LAW
These general terms and conditions of sale shall be governed and construed according to the laws of [insert State in which store is locatedNSW] and the parties submit to the jurisdiction of the Courts thereof and all Courts competent to hear appeals there from.
14. ‘SUPPLY ONLY’ FLOORING
When the Invoice is for a ‘Supply Only’ of Goods the Purchaser is responsible for the following:
(a) Purchasing the correct quantity required to complete the project;
(b) Ensuring the Goods are suitable for the project;
(c) Transport and delivery of materials, unless agreed otherwise by the Purchaser and Carpet Court;
(d) Following the manufacturer's instructions in relation to installation method, acclimatisation of Goods, cleaning, and maintenance of the Goods. In the absence of any manufacturers installation guidelines, or if they cannot be located, please contact Carpet Court prior to any commencement of works; and
(e) Following a relevant Australian Standard.
14.1 Carpet Court is not obligated to accept any returns or refunds resulting from Purchaser's own supplied measurements or any estimation provided by the store where waste is remaining.
15. MANUFACTURER'S WARRANTY
Carpet Court will provide the Purchaser with a copy of the manufacturer’s warranty relating to the Goods.
The Purchaser acknowledges that the manufacturer's warranty will form part of the agreement for the Goods and Services entered into by the Purchaser and Carpet Court.