Terms of Trade

Terms and Conditions

  1. Delivery
    1. 1.1. Although we make all reasonable efforts to effect delivery in accordance with prearranged dates, such dates are estimates only and time shall not be of the essence.
    2. 1.2. If we fail to deliver within a reasonable time, you may (by informing us in writing) cancel the contract, however:
      1. 1.2.1. you may not cancel if we receive your notice after the goods have been dispatched; and
      2. 1.2.2. if you cancel the contract, you can have no further claim against us under that contract.
    3. 1.3. If you accept delivery of the goods after the estimated delivery time, it will be on the basis that you have no claim against us for delay (including indirect or consequential loss, or increase in the price of the goods).
    4. 1.4. If for any reason you fail to accept delivery of any goods when they are ready for delivery, or we are unable to deliver the goods because you have not provided adequate instructions, or if you do not collect the goods by the date we give for collection, we may:
      1. 1.4.1. treat the goods as having been delivered on that day (for the purposes of risk, inspection and payment); and
      2. 1.4.2. charge you for the storage or re-delivery of those goods.
    5. 1.5. You must provide appropriate equipment and manual labour for unloading the goods at the delivery point. 
    6. 1.6. If you are collecting goods from us, you are responsible for the size, weight and positioning of any load on your vehicle and must ensure that your vehicle is sufficiently equipped to enable safe loading.
    7. 1.7. We may decline to deliver if:
      1. 1.7.1. we believe that it would be unsafe, unlawful or unreasonably difficult to do so; or
      2. 1.7.2. the premises (or the access to them) are unsuitable for our vehicle.
    8. 1.8. We may deliver the goods in installments. Each installment is treated as a separate contract.
    9. 1.9 If a delivery fails because no-one is available to receive the goods, we will not refund the delivery charges, and you will be charged a re-delivery fee for each additional delivery attempt.
    10. 1.10. If you or any person acting on your behalf rejects or refuses to accept a delivery, you will be charged any carriage forwarding charge. 

  1. Risk
    1. 2.1. The goods are at your risk from the time of delivery.
    2. 2.2. Delivery takes place either:
      1. 2.2.1. when the goods are loaded at our premises (if you are collecting them or arranging carriage); or
      2. 2.2.2. when the goods are unloaded at your premises or address specified by you (if we are arranging carriage).
    3. 2.3. You must inspect the goods on delivery. If any goods are damaged or not delivered, you must write to tell us within five days of delivery or the expected delivery time. You must not use or process the goods and give us (and any carrier) a fair chance to inspect the damaged goods. If you fail to notify us in accordance with these requirements, you will not be entitled to reject the goods and will be deemed to have accepted the goods in accordance with the contract.

  2. Payment Terms
    1. 3.1. Payment must be made when the order is placed.
    2. 3.2. While you owe money to us, we have a right to keep any property we may hold of yours until you have paid us in full (a lien).
    3. 3.3. You are to indemnify us in full and hold us harmless from all expenses and liabilities we may incur (directly or indirectly and including finance costs and legal costs on a full indemnity basis) following any breach by you of any of your obligations under these terms.

  3. Title
    1. 4.1. Until you pay all debts that you may owe us,:
      1. 4.1.1. all goods supplied by us remain our property;
      2. 4.1.2. you must store them so that they are clearly identifiable as our property;
      3. 4.1.3. you must insure them (against the risks for which a prudent owner would insure them) and hold the policy on trust for us;
      4. 4.1.4. you may use those goods and sell them in the ordinary course of your business, but not if:
        1. we revoke that right (by informing you in writing); or
        2. you become insolvent.
    2. 4.2. If your right to use and sell the goods ends, you must allow us to remove the goods.
    3. 4.3. We have your permission to enter any premises where the goods may be stored:
      1. 4.3.1. at any time, to inspect them; and
      2. 4.3.2. after your right to use and sell them has ended, to remove them.
    4. 4.4. Despite our retention of title to the goods, we have the right to take legal proceedings to recover the price of goods supplied, should you not pay us by the due date.
    5. 4.5. You are not our agent. You have no authority to make any contract on our behalf or in our name.

  4. Warranties
    1. 5.1. We warrant that the goods:
      1. 5.1.1. comply with their description on our sales order confirmation form; and
      2. 5.1.2. are free from material defect at the time of delivery.
    2. 5.2. If you believe that we have delivered goods that are in breach of our warranty, you must:
      1. 5.2.1. not cut or process the goods; and
      2. 5.2.2. inform us (in writing), with full details, within 14 days of the defect becoming apparent; and
      3. 5.2.3. allow us to investigate (we may need access to your premises and product samples).
    3. 5.3. If the goods are found to be defective in material or workmanship (following our investigations), and you have complied with those conditions in clause 5.2 in full, we will (at our option) replace the goods or refund the proportionate part of the invoice.
    4. 5.4. We cannot accept liability in respect of any defect arising from fair wear and tear, willful damage, improper storage or any failure to follow our instructions.
    5. 5.5. We are not liable for any other loss or damage (including indirect or consequential loss, financial loss, loss of profits or loss of use) arising from the contract or the supply of goods or their use.
    6. 5.6. For all other liabilities not referred to elsewhere in these terms, our liability is limited in damages to the price of the goods.
    7. 5.7. Nothing in these terms restricts or limits our liability for death or personal injury resulting from negligence.

  5. Specification
    1. 6.1. If we prepare the goods in accordance with your specifications or instructions, you must ensure that:
      1. 6.1.1. the specifications or instructions are accurate;
      2. 6.1.2. goods prepared in accordance with those specifications or instructions will be fit for the purpose for which you intend to use them; and
      3. 6.1.3. your specifications or instructions will not result in the infringement of any intellectual property rights of a third party, or in the breach of any application law or regulation.
    2. 6.2. We are not responsible for the performance or suitability of goods manufactured in accordance with your specifications and instructions
    3. 6.4. Due to the organic nature of the goods, you must allow for reasonable variations in grain and colour and will not be entitled to reject the goods on the grounds of these variations.

  6. Return of Goods
    1. 7.1. We will accept the return of goods from you only:
      1. 7.1.1. by prior arrangement (confirmed in writing);
      2. 7.1.2. on payment of an agreed handling charge (unless the goods were defective when delivered) and
      3. 7.1.3. where the goods are as fit for sale on their return as they were on delivery.

  7. Cancellation
    1. 8.1 You may not cancel the order unless we agree in writing.
    2. 8.2 If the order is cancelled (for any reason) you are then to pay us for the order.
    3. 8.3 We may suspend or cancel the order, by written notice if:
      1. 8.3.1 you fail to pay us any money when due (under the order or otherwise);
      2. 8.3.2 you become insolvent;
      3. 8.3.3 you fail to honor your obligations under these terms.

  8. Waiver and Variations
    1. 9.1 Any waiver or variation of these terms is binding in honor only unless:
      1. 9.1.1 made (or recorded) in writing;
      2. 9.1.2 signed on behalf of each party; and
      3. 9.1.3 expressly stating an intention to vary these terms.
    2. 9.2 All orders that you place with us will be on these terms (or any that we may issue to replace them). By placing an order with us, you are expressly waiving any printed terms you may have to the extent that they are inconsistent with our terms.

  9. Force majeure
    1. 10.1 If we are unable to perform our obligations to you (or able to perform them only at unreasonable cost) because of circumstances beyond our control, we may cancel or suspend any of our obligations to you, without liability.
    2. 10.2 Examples of those circumstances include act of God, accident, explosion, war, terrorism, fire, flood, transport delays, strikes and other industrial disputes and difficulty in obtaining supplies.

  10. General
    1. All brochures, catalogues and other promotional materials are to be treated as illustrative only. Their contents form no part of any contract between us and you should not rely on them in entering into any contract with us.