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Terms and Conditions

 

1. GENERAL
The Goods are sold by Poliform to the Client subject to these terms and conditions, and not otherwise. These terms and conditions prevail over any inconsistent provision in any communication by the Client to Poliform about the sale of the Goods, including any form of purchase order issued by the Client.



2. DELIVERY
a.     Poliform will contact the Client to nominate and confirm a proposed Delivery Date.
b.     The proposed Delivery Date is an estimate only.
c.     Poliform is not liable for any loss, damage or delay incurred by the Client arising from late or non-delivery of the Goods.
d.     Poliform may at its option deliver the Goods to the Client in any number of instalments or part supplies.
e.     The Client must do all things as are necessary to assist and enable Poliform to deliver the Goods on the Delivery Date to the Client at the Client Delivery Address.


3. PAYMENT AND RISK
a.     An initial progress payment of 40% is required before Poliform can begin arrangements for the manufacture or supply of the Goods
b.     The Client must pay the balance of the Price for the Goods to Poliform before Poliform delivers the Goods to the Client.
c.     All risk in the Goods passes to the Client upon delivery of the Goods by Poliform to the Delivery Address or the Client.


4. RETENTION OF TITLE
a.     Title to the Goods shall not pass from Poliform to the Client until such time as Poliform has received payment in full of the Price for the Goods in cleared funds and there are no other moneys owing by the Client to Poliform in respect of the Goods.
b.     Until such time as payment is made in full of the Price for the Goods in cleared funds, Poliform reserves the right to recover possession of the Goods.
c.     Where Poliform has not been paid the Price for the Goods in full and Poliform has delivered the Goods to the Client, the Client agrees that the relationship between Poliform and the Client shall be fiduciary and that the Client shall hold the Goods as bailee for Poliform and, if required, shall store the Goods in a manner that clearly shows the ownership of Poliform.
d.     Poliform and the Client agree that the provisions of this clause apply notwithstanding any agreement, whether subsequent to the supply of the relevant Goods or not, between the Client and Poliform pursuant to which Poliform gives the Client credit.


5. STORAGE
If the Client refuses or is unable to accept delivery of the Goods or any part of the Goods on the Delivery Date, the Client must pay storage charges to Poliform at the rate of 5% per month on the value of the Goods, payable until the Client accepts delivery of all of the Goods.



6. RETURN OF GOODS
Subject to law:

a.     the Client has no right to return all or any of the Goods to Poliform; and
b.     Poliform has no obligation to refund all or any part of the Price.


7. CANCELLATION
Subject to law:

a.     the Client has no right to terminate or cancel this agreement; and
b.     the Client must indemnify Poliform in respect of all loss, costs, claims and expenses incurred by Poliform as a result of any default by the Client under this agreement.


8. ACKNOWLEDGEMENT
Poliform has no obligation to install the Goods or perform any residential building works.



9. PERSONAL INFORMATION
The address and contract details of the Client may be used by Poliform and subsidiaries of Poliform to provide marketing information to the Client. Please refer to the privacy statement at www.poliformaustralia.com.au for more information.



10. WARRANTY AS TO QUALITY OR FITNESS
Poliform warrants that the Goods are of merchantable quality except only:
a.     as regards any defects specifically drawn to the attention of the Client before the making of this contract;
b.     if the Client examined the Goods before the making of this contract, as regards any defects which that examination ought to have revealed.


11. LIMITATION OF LIABILITY
a.     Other than any warranty expressly given by Poliform in this agreement, and subject to clause 11(b), all warranties (whether implied, statutory or otherwise) relating to the Goods and any other subject matter of this agreement, are excluded.
b.     Where any law implies in this agreement any term, and the law voids or prohibits provisions in this agreement which exclude or modify the operation of such term, such term is taken to be included in this agreement. However, the liability of Poliform for breach of such term is, if permitted by law, limited to one of the following remedies (at the option of Poliform):
a.     replacement of the Goods or supply of equivalent Goods;
b.     the repair of such Goods;
c.     the payment of the cost of replacing the Goods or acquiring equivalent goods; or
d.     the payment of the cost of having the Goods repaired.
c.     Subject to clause 11(b) Poliform excludes all liability for indirect and consequential loss (including without limitation for loss of revenue or profits) in contract, tort, under any statute or otherwise (including negligence) to the Client arising from or connected to this agreement.
d.     apply to any action giving rise to an obligation, duty or liability even if the action was not authorised, or not capable of being authorised, by the Client.
- See more at: http://www.poliformaustralia.com.au/terms-and-conditions.html

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