TERMS AND CONDITIONS OF SALE FOR BATHROOM BASEMENT’S WEBSITE

The following terms and conditions of sale shall apply to the sale of goods or services ("goods") by the Supplier to the Customer via Bathroom Basement’s website. These terms and conditions of sale replace any previous terms and conditions of sale.

1. INTERPRETATION

In these Terms and Conditions and any other associated or collateral documents (unless a contrary intention is stated):

“Consumer” means a consumer as that term is defined in the Australian Consumer Law;
"Customer" means a person whose order for the purchase of goods is accepted by the Supplier;
“Supplier” means Crane Distribution Limited ACN 00 003 832 or any of its subsidiary or associated companies or their respective assigns;
The headings used do not form part of these terms and conditions and are for convenience only;
Where the context admits or requires words importing, the singular number shall include the plural number, those denoting a given gender shall include all other genders and those denoting natural persons shall include corporations.

2. GENERAL

Unless otherwise specifically agreed in writing by the Supplier, where any terms and conditions of the Customer’s order are inconsistent with these terms and conditions, then these terms and conditions will prevail. Any variations or additions to these terms and conditions not expressly agreed to in writing by the Supplier are expressly rejected by the Supplier.
A quotation shall not constitute an offer to sell goods to the Customer. No contract for the supply of goods shall exist between the Supplier and the Customer until a Customer’s order for goods has been accepted by the Supplier (such acceptance of Customer’s orders may be made and communicated by the Supplier in writing or by overt act of acceptance). The Supplier may accept or refuse any order for goods in its absolute discretion and may make its acceptance of an order conditional upon it receiving a satisfactory credit assessment of the Customer.
The Supplier may vary these terms and conditions by notice in writing to the Customer (which notice may be give via the Supplier’s website. If the Customer is a Consumer, then the Customer may consider the variation and, if not acceptable, may elect not to proceed with the purchase of the goods ordered before the date of the variation but which are intended to be subject to the variation. If the Customer is not a Consumer, the Customer agrees that goods delivered and/or ordered after the date of the notice of the variation will be subject to the variation and acceptance of the goods or the placing of the order shall be deemed to be an acceptance of such varied terms and conditions.
Should there be any variation to any of the information supplied by the Customer to the Supplier or in the structure or nature of the Customer’s business (such as a conversion to or from a Company or Trust) the Customer shall forthwith notify the Supplier in writing within 28 days of the variation occurring.
These terms and conditions and all obligations hereunder shall be binding on the Customer’s personal representatives, successors and permitted assigns and shall be for the benefit of the Supplier’s successors and assigns.

3. PRICING/PAYMENT

Notwithstanding any prior acknowledgment by the Supplier of the price of goods, the prices specified for goods may at the Supplier’s option be subject to alteration to reflect the Supplier’s prices and charges in effect at the time of delivery.
Any variations in the invoice or contract price as a consequence of currency fluctuations, taxes, customs duty or other imposts shall be to the Customer’s account.
The Supplier will be entitled to set off against any money owing to the Customer amounts owed to the Supplier by the Customer on any account whatsoever. However the Customer shall not set off any amounts allegedly owing by the Supplier to it against any amount due by it to the Supplier.
Unless otherwise agreed to by the Supplier, the only accepted means of paying for goods will be at the time of purchase from Bathroom Basement’s website by credit card via the online payment gateway for goods.
Accepted Credit cards are – Visa, Mastercard & American Express.

4. DELIVERY

Goods will be delivered or deemed to be delivered, when they are delivered to the delivery place nominated by the Customer. If no such address is nominated, then delivery will be deemed to occur at the time when the goods are ready for collection at the Supplier’s premises.
The Customer shall pay to the Supplier packing, crating and delivery charges in accordance with the Supplier’s current rates as at the date of dispatch. If there is no current rate, then a reasonable delivery charge shall be paid by the Customer.
The Supplier reserves the right to make a reasonable charge for storage if delivery instructions are not provided by the Customer within 14 days of a request by the Supplier for such information.
The Customer authorises the Supplier to deliver products to the place nominated by the Customer and to leave the products at such place whether or not any person is present to accept delivery. The Supplier shall not be liable on any basis whatsoever for loss suffered by the Customer after delivery to the nominated delivery place.
The Supplier shall not be obliged to obtain a signed receipt or other acknowledgment from any person at the nominated place for delivery but if a signed receipt or other acknowledgment is obtained from someone believed by the Supplier to be authorised by the Customer to sign or otherwise take delivery, then such signed receipt or other acknowledgement shall be conclusive evidence of the Customer’s acceptance of the goods delivered.
Any times quoted for delivery are estimates only and the Supplier shall not be liable to the Customer for any failure to deliver or for delay in delivery of goods occasioned by strike, lockout or other industrial dispute, shortage of stock, shortage of labour, lack of skilled labour, delays in transit, fire, flood, hostility, civil commotion or any other cause whatsoever whether or not beyond the control of the Supplier.
The Customer shall not be relieved of any obligation to accept or pay for goods by reason of any delay in delivery.
The Supplier reserves the right to deliver goods by instalments and each instalment shall be deemed to be sold under a separate contract. Failure to deliver any instalment, or deliver any instalment on time shall not entitle the Customer to repudiate the contract in whole or in part.

5. PROPERTY AND RISK

The goods shall be at the sole risk of the Customer as soon as they are dispatched from the Supplier's premises.
Property in and title to the goods will not pass to the Customer until those goods and all other amounts owed to the Supplier by the Customer have been paid for in full and until then:
1. the goods must be stored separately and in a manner enabling them to be identified as goods of the Supplier and cross-referenced to particular invoices and the Customer acknowledges that if it should process or mix the goods with other products or items such that the goods are no longer separately identifiable then the Customer and the Supplier will be owners in common of the new product;
2. the Customer may sell the goods in the ordinary course of its business as bailee for the Supplier and will hold the proceeds of sale in a separate account on trust for the Supplier and account to the Supplier for those proceeds; and
3. the Supplier may require the Customer to return the goods to it on demand and may enter upon the premises of the Customer to inspect or repossess the goods.
4. the Customer will hold the goods as fiduciary and bailee for the Supplier.
The Customer expressly and irrevocably agrees that the Supplier is entitled to enter any premises where the goods supplied by the Supplier are located to, repossess, remove and sell such goods. The Customer, its successors and assigns (including any external manager or administrator) shall not object to the Supplier, or its agents, entering any premises for the purpose of this clause and agrees to indemnify and keep the Supplier indemnified in respect of any claims, actions and costs that may arise against the Supplier in relation to the removal, repossession and sale of the goods pursuant to these terms and conditions including any claims brought by third parties
The Customer shall insure the goods against theft or any damage until such goods have been paid for or until they are sold by the Customer whichever occurs first and the Supplier will be entitled to call for details of the insurance policy. If the Customer does not insure the goods or fails to supply details of its insurance policy, the Customer will reimburse the Supplier for the cost of any insurance which the Supplier may reasonably arrange in respect of the goods supplied to the Customer.

6. RETURN OF GOODS

Subject to clauses 4 (d) and 7, the Supplier will only accept the return of goods on the conditions set out in this clause 6;
The Customer must not return goods to the Supplier without the Supplier’s prior consent;
The Supplier will accept the return of goods and provide a credit against such returns to the Customer to the extent that the goods do not comply with the quantity or description of the Customer’s purchase order provided that:
1. The Customer has inspected the goods promptly upon their delivery; and
2. Within fourteen (14) business days of the delivery of such goods to it the Customer then gives written notice to the Supplier of a request for a credit which details all alleged non-compliances. This request must also specify the original invoice number in respect of the goods as proof of their purchase; and
3. The Supplier is then satisfied as to the accuracy of the claim in that notice;
The Customer is not entitled to return any goods pursuant to this clause 6 which have been custom made, custom cut, custom processed or custom acquired for the Customer or where the goods are not in brand new or unused condition as at the date of their proposed return or where the goods have been damaged due to installation contrary to manufacturer’s instructions;
The Supplier will accept the return of defective goods and arrange for the repair or replacement of such goods in accordance with the manufacturer’s conditions of warranty.

7. CLAIMS UPON SUPPLIER

Subject to clause 4(d), all claims for the Supplier's failure to comply with the Customer's order whether due to shortfall, incorrect delivery or otherwise must be made by giving written notice to the Supplier within five (5) days from the date of delivery. If the Customer fails to provide such notice then the Customer shall be deemed to have accepted the goods.
These conditions shall not exclude, or limit the application of any provision of any statute including any implied condition or warranty the exclusion of which would contravene any statute (including the Trade Practices Act 1974) or cause any part of this clause 7 to be void. To the extent permitted by law all conditions, warranties and undertakings are expressly excluded.
Unless the goods supplied by the Supplier are of a kind ordinarily acquired for domestic household or personal use or consumption, the Supplier's liability under clause 7(b) for breach of a non-excludable condition or warranty is limited, at the Supplier's option, to any one of the following:
1. The replacement of the goods or the supply of equivalent goods;
2. The repair of the goods;
3. The payment of the cost of providing replacement goods or of acquiring equivalent goods; or
4. The payment of the cost of having the goods repaired.
Subject to clause 7(b) the Supplier shall not be liable for any direct or indirect loss whatsoever, including consequential loss, loss of profits, loss of opportunity or loss of use.

8. FITNESS FOR PURPOSE

To the maximum extent permitted by law, the Customer agrees that it does not rely on the skill or judgement of the Supplier in relation to the suitability of any goods for a particular purpose. Any advice, recommendation, information or assistance provided by the Supplier is provided without any liability by the Supplier whatsoever.

9. GST

Any expression used in this clause and which is defined in the “A New Tax System, (Goods and Service Tax) Act 1999” has the same meaning in this clause 9.
With the exception of any amount payable under this clause 9, unless otherwise expressly stated all amounts stated to be payable by the Customer under these terms and conditions are exclusive of GST.
If GST is imposed on any supply made under or in accordance with these terms and conditions, the recipient of the taxable supply must pay to the supplier an additional amount equal to the GST payable on or for the taxable supply. Payment of the additional amount will be made at the same time as payment for the taxable supply is required to be made in accordance with this these terms and conditions, subject to the provision of a tax invoice by the supplier to the recipient.

10. TRUST AND TRUSTEES

Where the Customer is a trustee:

The Customer agrees to produce a stamped copy of the trust deed (with all amendments) if and when requested by the Supplier.
The Customer warrants that it has full power and authority to enter into these terms and conditions on behalf of the trust and that it (and the trust and all the trust’s real and personal property) shall be bound by these terms and conditions both personally and as trustee, irrespective of whether or not it discloses to the Supplier that it is a trustee at the time of entering into this agreement with the Supplier.

11. NOTICE

Notices to be given by the Customer to the Supplier may be delivered personally or sent to the National Credit Manager of the Supplier at the Supplier’s address at 1051 Nudgee Road, Banyo, Queensland 4014 and, unless the contrary is proved, notice shall be taken as delivered when received by the Supplier at that address. Notices to be given to the Customer by the Supplier may be delivered personally or sent to the Customer’s last known address and, unless the contrary is proved, shall be taken as delivered on the second business day following posting. Invoices and statements are deemed received by the Customer on the second business day after posting by ordinary prepaid post.

12. LAWS TO GOVERN PROVISIONS OF TERMS AND CONDITIONS

Unless varied by notice in writing by the Supplier these terms and conditions shall be governed by and construed in accordance with the laws of the state of New South Wales ("State"). The parties submit to the exclusive jurisdiction of the courts in the capital city in that State (and, if there is more than one such court in the capital city, at such court as the Supplier in its absolute discretion selects).
The parties agree that proceedings may be commenced in any such Court of such State and consent to that Court having jurisdiction by virtue of clause 12(a) notwithstanding that Court would not have such jurisdiction without this consent.

13. SEVERANCE

In the event that the whole or any part or parts of any provisions in these terms and conditions should be held to be void or unenforceable in whole or in part such provision or part thereof shall to that extent be severed from these terms and conditions but the validity and enforceability of the remainder of these terms and conditions shall not be affected.

14. SUB-CONTRACTING

The Supplier reserves the right to sub-contract the manufacture and/or supply of the goods or any part thereof to a third party.

15. CERTIFICATE

A statement in writing signed by the Supplier’s Credit Manager or by other duly authorised officers (“the certificate”) stating all or any of the following matters, facts or things:

The amount due at any date for all goods provided by the Supplier to the Customer.
The amount due at any date for interest on the monies due.
The amount due at any time for legal costs actually incurred by the Supplier including the costs of and incidental to any litigation, stamp duties and other expenses payable on these terms and conditions, or any credit application, guarantee or other security documents signed by the Customer together with any collection costs or dishonoured cheque fees.
The date of making default in performing or observing any terms and conditions, covenant or agreement to be performed or observed by the Customer.
Whether such default has continued between specified dates.
Anything else relevant to the establishment of any right or remedy of the Supplier or of the liability of the Customer.

Shall be conclusive evidence of such matter(s), fact(s) or thing(s) stated in the certificate.