1. Application of Terms

1.1 These Terms govern our supply of Goods and Services to you, including supplies on a cash basis.
1.2 If you wish to negotiate these Terms with us then you should respond to this document, marking up these Terms and drawing those changes to our attention and obtain our agreement in writing.
1.3 It is not our practice to otherwise review the terms and conditions on documents that you issue to us.
1.4 Unless we otherwise agree in writing, we do not accept, and will not be bound by, any terms or conditions included in, attached to, or referenced in, any other document you give to us like a purchase order.

2. Quotations

2.1 Each quotation that we issue:

(a) is an estimate only;
(b) is not an offer or obligation to supply any Goods or to perform any Services;
(c) is exclusive of GST;
(d) does not include the costs of delivering Goods;
(e) remains valid for acceptance for a period of thirty (30) days from the date of quotation, unless withdrawn by us before a contract for supply is formed; and
(f) contains a price on the basis that all Services are performed, and all Goods delivered, during Business Hours, unless the quotation states otherwise.

2.2 Quotations provided orally are subject to written confirmation.
2.3 A quotation may include additional terms or conditions, which will supplement these Terms.
2.4 Should you wish to have services performed or goods delivered outside Business Hours please let us know as additional charges may apply.

3. Formation of contract

3.1 We are not obliged to supply any Goods or provide Services until after a contract for supply is formed.
3.2 A contract for supply is formed, and you have accepted these Terms, when:

(a) you have placed an Order with us; and
(b) we have received any deposit we have required from you in respect of the Order before progressing it; and either we have:
(c) accepted your Order in writing; or
(d) supplied you with any Goods or performed any Services following receipt of your Order.

3.3 If you revoke an Order:

(a) prior to the formation of a contract for supply then:

(i) we will refund you any deposit you have paid in respect of that Order; and
(ii) you will not be required to pay any fee for the cancellation of the Order; or alternatively

(b) after the formation of a contract for supply then unless we are in breach of the contract for supply:

(i) you must pay all our reasonable costs associated with fulfilment of your Order; and
(ii) we may apply any deposit you have paid towards those costs.

4. Price

4.1 The price payable for the Goods or Services will be:

(a) the price agreed in writing; or alternatively
(b) the price by our prevailing price list/rates as when you place your Order.

4.2 We may vary our price or rates by notice to you if you request:

(a) the Goods or Services be rendered outside Business Hours;
(b) different Goods or Services to be supplied to the contract for supply; or
(c) that we delay provision of the Goods or Services for sixty (60) days or more.

4.3 Where we vary the price or rates payable for the Goods or Services pursuant to subclause 4.2, we will notify you of the new price/rates. Thereafter you may reject the new price/rates within seven (7) days and terminate the contract for supply without any cost or penalty to you, otherwise you agree that the price/rates will apply to the contract.

5. Delivery and risk

5.1 We will use reasonable endeavours to deliver the Goods at the time and place agreed for delivery. You will make arrangements necessary to take delivery of the Goods.
5.2 You acknowledge and agree that:

(a) unless the contract for supply expressly states otherwise, time in respect of delivery is not of the essence; and
(b) any timeframe or date for delivery is an estimate only and is not a contractual commitment.

5.3 Risk of loss, damage, or deterioration to the Goods passes to you, and delivery is deemed to occur, at the time:

(a) you or any third party on your behalf collect the Goods from us;
(b) we or our nominated carrier deliver the Goods to the delivery location stated in your Order (or to such other location as agreed in writing); or
(c) your nominated carrier takes possession of the Goods.

5.4 You agree to sign our delivery docket or consignment note or that of our nominated carrier as confirmation that you have received the Goods, and if appropriate, certify that you have received the Goods in apparent good order and condition in the quantity or volume you have ordered.
5.5 If you authorise us to deliver the Goods to an unattended location or to leave them outside the agreed place for delivery, we may deliver the Goods as requested at your risk.
5.6 If delivery of the Goods is deferred:

(a) at your request; or
(b) due to you being unable or unwilling to accept delivery of the Goods (other than as a result of the Goods delivered not being in accordance with the contract for supply);
in circumstances where:
(c) we are ready to deliver the Goods and a delivery date has not been agreed; or
(d) the Goods are due to be delivered on an agreed delivery date,
then you will pay to us:
(e) reasonable daily storage charges (which will continue to accrue until such time as the Goods are delivered); and
(f) any costs associated with us or our nominated carrier attempting to re-deliver the Goods (where we or our nominated carrier has previously attempted to deliver the Goods).

5.7 You acknowledge and agree that we may deliver the Goods in one or more lots and may invoice you for pro rata progress in respect thereof.
5.8 You must immediately upon delivery, carefully inspect and examine the goods and exercise any right to reject/return the goods Before the goods are laid, fixed installed or otherwise used in any way.

6. Payment terms

6.1 Unless you have a Credit Facility with us which is not in default:

(a) deposits we have requested must be paid before we commence providing Goods and Services;
(b) you must pay for all Goods before they are despatched (in cash or cleared funds); and
(c) you must pay for all Services on a progressive hourly basis as performed.

6.2 Payment may be made by cash, cheque, electronic funds transfer, Visa, or Mastercard credit cards. We reserve the right to change the payment methods that we accept at any time.
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6.3 We may charge a payment surcharge for applicable payment transactions equal to our reasonable cost of acceptance.
6.4 You agree to pay GST on all taxable supplies upon us issuing you a tax invoice relating to the taxable supply.
6.5 You agree to pay sums due to us free of any set off or counterclaim and without deduction or withholding.

7. Claims

7.1 Subclauses 7.2 to 7.4 only apply if the contract for supply is not a Consumer Contract and not a Small Business Contract.
7.2 You must, within seven (7) days of the date of delivery:

(a) give us notice in writing, with particulars, of any Claim that the Goods delivered are not in accordance with the contract for supply (including any Claim for shortfall, incorrect supply, or damage to the Goods); and
(b) at our request, provide us with photographic evidence (to our satisfaction) of any alleged damage to the Goods.

7.3 You must notify us in writing of any Claim for non-delivery within seven (7) days of the date of the invoice which relates to the Goods the subject of your Claim.
7.4 If you fail to notify us in accordance with subclause 7.2 and 7.3, then, to the extent permitted by law, the Goods are deemed to have been delivered in good condition and in accordance with the contract for supply.

8. Returns

8.1 We will accept the return of any Goods if:

(a) the Goods supplied do not conform with the contract for supply;
(b) the Goods are defective; or
(c) we are required by law to accept the return of the Goods.

8.2 At our discretion, we may accept the return of Goods if you change your mind if:

(a) you agree to:

(i) pay the lesser of a handling and administration charge of 25% of the purchase price of the returned Goods or $200; and
(ii) reimburse us for all costs we incur in connection with the return of those Goods (except for Goods we have incorrectly supplied or we agree are defective);
(b) the Goods are in substantially the same condition to the condition in which they were delivered; and
(c) the Goods were not specifically produced or procured at your request;
(d) the Goods were not laid, fixed, installed or damaged;
(e) the Goods were not sold at wholesale or discounted prices, or as second grade or quality; and
(f) the Goods are not discontinued and are held in stock in store by the supplier and can be matched to current stock shades.

8.3 You indemnify and release us from any damage that occurs to any Goods in return transit. You should ensure that any returned Goods are insured against such damage.

9. Retention of title

9.1 Until such time as you have made payment in full (in cash or cleared funds) for any Goods we have supplied:

(a) title in the Goods does not pass to you and we retain the legal and equitable title in the Goods;
(b) you will hold the Goods as fiduciary and bailee for us and agree to store the Goods in such a manner as to enable them to be readily identifiable as our property;
(c) you undertake to not mix the Goods with similar goods;
(d) unless and until we notify you to the contrary, you will be entitled to sell the Goods in the ordinary course of your business (provided any such sale is at arm’s length and on market terms) and will sell the Goods as our agent and bailee; and
(e) you undertake to hold any proceeds derived from the sale of the Goods on trust for us absolutely.

9.2 While title in the Goods remains with us, you permit us to enter upon any premises you occupy (or any premises any receiver, receiver and manager, administrator, liquidator, or trustee in bankruptcy of yours occupies) as your invitee to inspect the Goods and, when you are in default of payment of any invoice, to repossess any Goods in your possession, custody, or control.
9.3 Where we exercise our right of entry pursuant to subclause 9.2, you agree that us doing so will not give rise to any Claim for trespass or similar action against us or our officers, employees, and agents.
9.4 Where we have retaken Goods into our possession, we have the right to sell or deal with those Goods, and, if necessary, sell any Goods bearing your name or trade mark, and you hereby grant us an irrevocable licence to do all things necessary to sell those Goods.
9.5 For the removal of doubt, our interest under this clause 9 constitutes a purchase money security interest for the purposes of the PPS Act.

10. Security interest

10.1 Unless you have obtained our prior written and fully informed consent, you undertake not to:

(a) register a financing change statement in respect of a security interest in our favour; or
(b) create, or purport to create, any security interest in the Goods (or any proceeds derived from the sale of such Goods), nor register, nor permit to be registered, a financing statement or financing change statement in relation to the Goods in favour of any third party.

10.2 You:

(a) waive your right to receive a copy of any verification statement in accordance with section 157 of the PPS Act; and
(b) agree that, to the extent permitted by the PPS Act:
(i) sections 95, 96, 117, 118, 120, 121(4), 123, 125, 126, 128, 129, 130, 132, 134, 135, 142, and 143 of the PPS Act do not apply and are hereby contracted out of; and
(ii) you waive your right to receive notices under sections 95, 118, 121(4), 127, 130, 132(3)(d), and 132(4) of the PPS Act.

10.3 We need not disclose information of the kind detailed in section 275(1) of the PPS Act, unless required by law.
10.4 Where we have rights in addition to those under Part 4 of the PPS Act, those rights continue to apply.

11. Description of Goods

If you require any Goods for a particular purpose, you must advise us of that purpose prior to placing your Order and must obtain a written assurance from us that the Goods will meet your requirements. If you do not advise us of your requirements and we do not expressly warrant in writing that the Goods will be fit for your particular purpose, then you agree that you did not rely upon our skill or judgment in relation to the suitability of the Goods for that purpose.

11.1 In respect to the supply of goods which are tiles, the customer acknowledges and agrees:

(a) Tiles may contain display or be subject to one or more of the following inherent characteristics or phenomena:
(i) variations in size, weight, density, colour, shade, pattern, veining, markings texture, surface, finish and durability;
(ii) crazing, spots, specks and/pr blemishes;
(iii) optical effects such as hazing or smudging resulting from different strengths and angles of light falling upon and/or reflecting off the tiles and/or the interaction with the tiles of reflecting light from differing sources and intensities and/or the impact of the shadows upon the tiles;
(b) Such inherent characteristics or phenomena are not defects, flaws or imperfections and tiles containing, displaying or subject to any of these characteristics or phenomena are not faulty, defective or of unacceptable quality.

12. Default

12.1 Subclauses 12.2 to 12.4 apply if you fail to pay sums to us when they fall due.
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12.2 We may charge you interest on the outstanding debt (including any judgment debt) at the rate of 10% per annum.
12.3 We may suspend or cease the supply of any further Goods or Services to you.
12.4 We may require pre-payment in full for any Goods or Services which have not yet been supplied.

13. Indemnity

13.1 If you default in the performance or observance of your obligations under any contract of which these Terms form part, then:

(a) we will take steps to mitigate our loss and act reasonably in relation to any default by you; and
(b) we will give you notice requesting payment for loss and damage occasioned in respect of those events and requesting that you remedy any breach within a reasonable time; and
(c) if that demand is not met then you indemnify us in respect of loss, damage, costs (including collection costs, bank dishonour fees, and legal costs on an indemnity basis) that we have suffered arising therefrom.

13.2 Your liability to indemnify us will be reduced proportionally to the extent that any fraud, negligence, or wilful misconduct by us or a breach of our obligations under contract has contributed to the Claim, loss, damage, or cost which is the subject of the indemnity.
13.3 Your liability to indemnify us is a continuing obligation separate and independent from your other obligations and survives the termination or performance of any contract of which these Terms form part.

14. Limitation of liability

14.1 No party is liable to the other party for any Consequential Loss, including under clause 13, however caused arising out of or in connection with any contract for supply of which these Terms form part.
14.2 While we will take reasonable endeavours to meet any estimated delivery date or estimated time for Goods and Services, you acknowledge and agree that we are not liable for any delay associated with meeting those estimated timeframes.
14.3 If the contract for supply is not a Consumer Contract or a Small Business Contract then, to the extent permitted by law, our liability is limited to:

(a) (in the case of a supply of Goods):
(i) us repairing or replacing the Goods; or
(ii) us paying you the cost of having the Goods repaired or replaced.
(b) (in the case of a supply of Services):
(i) us supplying the Services again; or
(ii) us paying you the cost of having equivalent Services supplied.

15. Termination

A party may, with immediate effect, terminate any contract for supply of which these Terms form part by notice in writing, if the other party:

(a) commits a material or persistent breach of these Terms and does not remedy that breach (if capable of remedy) within seven (7) days of the receipt of a notice (or such longer time as specified in the notice) identifying the breach and requiring its remedy; or
(b) has failed to pay sums due to the party within seven (7) days; or
(c) has indicated that it is, or may become, insolvent; or
(d) ceases to carry on business; or
(e) comprises an entity which is the subject of the appointment of receivers or managers; or
(f) comprises a natural person who:
(i) has committed an act of bankruptcy; or
(ii) has been made bankrupt;
(g) comprises a corporation which:
(i) enters into voluntary administration;
(ii) is subject to a deed of company arrangement; or
(iii) is subject to the appointment of liquidators or provisional liquidators.

16. Variation

We may amend these Terms in the future by notifying you in writing. The amended Terms will thereafter apply to each Order you place unless you earlier give us written notice in advance of placing a further Order.

17. Assignment

A party may only assign its rights under the contract for supply with the written consent of the other party.

18. Conflicts and Inconsistencies

If there is any conflict or inconsistency between any of the documents which together govern the relationship between the parties, it is agreed the order of precedence will be (highest to lowest):

(a) any additional terms or conditions contained in our quotation applicable to the supply of Goods or Services;
(b) any terms governing your Credit Facility; and
(c) these Terms.

19. Severance

If any part or term of our agreement with you (including any Credit Facility) is illegal, invalid, or unenforceable, it will be read down so far as necessary to give it a valid and enforceable operation or, if that is not possible, it will be severed from the contract and the remaining provisions will not be affected, prejudiced, or impaired by such severance.

20. Governing law and jurisdiction

20.1 Our relationship is governed by and must be construed according to the law applying in the State of South Australia
20.2 The parties irrevocably submit to the non-exclusive jurisdiction of the courts of the State of South Australia with respect to any proceedings that may be brought at any time relating to our relationship.

21. Definitions

In these Terms, unless the context otherwise requires, the following definitions apply.
21.1 Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth), as amended.
21.2 Business Hours means between 09:00am to 5:00pm on a day that is not a Saturday, Sunday, or gazetted public holiday in the place where the Goods or Services are, or are to be, supplied.
21.3 Claim includes a claim, notice, demand, action, proceeding, litigation, investigation, judgment, or award howsoever arising, whether present, unascertained, immediate, future, or contingent, whether based in contract, tort, pursuant to statute or otherwise and whether involving a third party or a party to a contract for supply.
21.4 Consequential Loss includes any:

(a) consequential loss;
(b) loss of anticipated or actual profits or revenue;
(c) loss of production or use;
(d) financial or holding costs;
(e) loss or failure to realise any anticipated savings;
(f) loss or denial of business or commercial opportunity;
(g) loss of or damage to goodwill, business reputation, future reputation, or publicity;
(h) loss or corruption of data;
(i) downtime costs or wasted overheads; or
(j) special, punitive, or exemplary damages.

21.5 Consumer Contract has the meaning given to this term in section 23(3) of the Australian Consumer Law.
21.6 Credit Facility means an account we have opened for you on which we may, from time to time, extend you with additional time to pay for our Goods and Services and associated charges.
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21.7 Goods means all goods supplied by us, as described on our quotation, invoice, or any other form issued by us.
21.8 Order means a written or oral order placed by you requesting that we provide Goods or Services.
21.9 PPS Act means the Personal Property Securities Act 2009 (Cth), as amended.
21.10 Services means all services performed by us, as described on our quotation, invoice, or any other form issued by us.
21.11 Small Business Contract has the meaning given to this term in section 23(4) of the Australian Consumer Law.
21.12 Supplier, we, us means R.J Beaumont & Co. Pty. Ltd. trading as Beaumont Tiles ACN 007 703 997

22. Interpretation

In these Terms, unless the context otherwise requires:
22.1 A time is a reference to the time zone of Brisbane, Australia unless otherwise specified.
22.2 $, dollar, or AUD is a reference to the lawful currency of Australia.
22.3 A party includes a reference to that person’s executors, administrators, successors, substitutes (including a person who becomes a party by novation), assigns, and in the case of a trustee, includes any substituted or additional trustee.
22.4 A right includes a benefit, remedy, authority, discretion, or power.
22.5 The singular includes the plural and vice versa, and a gender includes other genders.
22.6 “In writing” or “written” means any expression of information in words, numbers, or other symbols, which can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.
22.7 If a word or phrase is given a defined meaning, its other grammatical forms have a corresponding meaning.
22.8 Words such as “includes”, “including”, and “for example” are not words of limitation and are to be construed as though followed by the words “without limitation”.
22.9 A term of an agreement in favour of two or more persons is for the benefit of them jointly and each of them separately.

1. Definitions

In these Terms unless the contrary intention appears:

1.1 ‘Australian Consumer Law’ means the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (C’th);

1.2 ‘Beaumont Tiles’ means R J Beaumont & Co. Pty Ltd ACN 007 703 997 and any and all of its “Related Bodies Corporate” and/or “Associated Entities” as such terms are defined in the Corporations Act 2001 (C’th);

1.3 ‘Customer’ means the party or parties entering into the Contract with Beaumont Tiles;

1.4 “Commercial Credit Trade Account Customer” means a Customer who has entered into an agreement called a Commercial Credit Trade Account with Beaumont Tiles;

1.5 ‘Goods’ means any tiles and related products (including timber and any other type of wall and/or floor furnishings), extending to kitchenware and bathroomware and also including products such as tools, adhesives, grouts and any and all other ancillary or associated products supplied by Beaumont Tiles to the Customer and further extending to the supply of tools or equipment on a hire-charge basis; and

1.6 ‘Terms’ means these terms and conditions.

2. Contract

2.1 The Contract and these Terms constitute the entire agreement between Beaumont Tiles and the Customer. All prior negotiations, representations, understandings, arrangements and agreements (whether oral and/or in writing) are superseded by the Contract and these Terms.
2.2 The Contract and these Terms will in all circumstances prevail over the Customer’s terms and conditions (if any), unless Beaumont Tiles agrees in writing to be bound by the Customer’s terms and conditions or any of them.
2.3 To the extent that there is any inconsistency between the Contract and these Terms, these Terms prevail unless and to the extent only that Beaumont Tiles otherwise agrees in writing PROVIDED ALWAYS that if Goods are supplied by Beaumont Tiles to a Commercial Credit Trade Account Customer, then the terms and conditions of sale incorporated into the Commercial Credit Trade Account shall prevail to the extent of any inconsistency or conflict with these Terms.

3. Prices

3.1 The price for the supply of Goods will be specified in the invoice or account issued by Beaumont Tiles to the Customer.
3.2 Unless otherwise stated, the price for the supply of any tiles by Beaumont Tiles will be on a per square metre basis.
3.3 Beaumont Tiles may increase the price of Goods if the price increase results from the introduction of any legislation, regulation or government policy.
3.4 Unless otherwise stated:

3.4.1 the price for the Goods agreed in the Contract and any other amount payable under the Contract or these Terms shall be inclusive of any tax payable pursuant to A New Tax System (Goods and Services Tax) Act 1999 (Cth) (‘GST’); and
3.4.2 the Customer will be required to pay to Beaumont Tiles an amount equal to the GST (which will be included in the invoice or account issued) in addition to the price or any relevant other amount.

4. Delivery

4.1 The Customer will, unless Beaumont Tiles and the Customer otherwise agree, bear the cost of delivery of the Goods.
4.2 Beaumont Tiles can only provide delivery of Goods at the ground floor level.
4.3 Beaumont Tiles will make all reasonable efforts to have Goods delivered to the Customer by the date agreed between the parties, but, subject to any rights the Customer has under the Australian Consumer Law, Beaumont Tiles will not be liable for:

4.3.1 any failure to deliver, or delay in delivery of Goods;
4.3.2 any damage or loss due to unloading or packaging of Goods; and
4.3.3 any damage to property caused upon entering premises to deliver the Goods.

4.4 The Customer must ensure there is clear and safe access for delivery and that a person is present at the delivery premises who is authorised to accept delivery.

4.4.1 If a person is not present at the delivery premises who is authorised to accept delivery, the Goods will be left at the delivery premises if the Beaumont Tiles’ driver considers it is safe and appropriate to do so.
4.4.2 If the Beaumont Tiles’ driver arrives at the delivery premises at the agreed time but is unable to deliver the Goods or considers it is unsafe or inappropriate to do so, the delivery will be returned to the warehouse and the Customer may be required to pay for re-delivery at a later date.

4.5 Upon delivery or collection and prior to laying, installation or use of any Goods, the Customer will inspect the Goods as appropriate as to the type, quantity, quality, aesthetics, appearance, shade, colours, layout patterns, suitability of purpose and any other characteristic of the Goods.
4.6 If any Goods are damaged, wrongly supplied or not in accordance with the Contract, the Customer may return those Goods in accordance with clause 6.
4.7 The Customer will be deemed to have accepted delivery of the Goods in the following events:

4.7.1 failure by the Customer to return Goods in accordance with clause 6; or
4.7.2 laying, installation or use of the Goods in any way by the Customer.

4.8 The Customer will indemnify Beaumont Tiles against any losses, costs or expenses incurred by Beaumont Tiles due to any failure by the Customer to accept the Goods at the time of delivery or collection.

5. Characteristics of Goods

5.1 The Customer acknowledges that Goods, which are tiles, supplied by Beaumont Tiles may contain, display or be subject to any one or more of the following characteristics:

5.1.1 crazing, spots, specks and blemishes;
5.1.2 variations in colour, shade, size, pattern, veining, marking, texture, durability, density, size, weight, dimension, surface and finish, and may fade or change colour over time; and
5.1.3 optical effects such as hazing or smudging at varying light sources and at differing angles.

5.2 The Customer acknowledges that Goods which contain, display or are subject to any one or more of the characteristics referred to in clause 5.1 are not defective or of unacceptable quality by reason of any of those characteristics.

6. Return of Goods

6.1 The Customer may reject and return Goods to Beaumont Tiles provided that:

6.1.1 the Goods are damaged, wrongly supplied, defective or not in accordance with the Contract;
6.1.2 the Goods are returned within one month of the date of the invoice or account issued by Beaumont Tiles to the Customer in respect of those Goods;
6.1.3 the Customer notifies Beaumont Tiles of the invoice or account number in respect of the Goods to be returned;
6.1.4 the Goods are returned in the original state or condition in which they were supplied, and remain in original boxes together with all packaging and instruction material; and
6.1.5 the Goods are in as new condition as is reasonably possible and are from current stock held in store by Beaumont Tiles and, if applicable, matching current stock shade.

6.2 All Goods returned by the Customer are subject to assessment by Beaumont Tiles, and Beaumont Tiles may, if permitted by the Australian Consumer Law or any other law, refuse to accept the return of the Goods at its sole discretion.
6.3 Unless Beaumont Tiles and the Customer otherwise agree in writing, the Customer will bear the costs of delivery when returning any Goods.
6.4 Subject to the Customer’s rights under the Australian Consumer Law, the following Goods cannot be returned by the Customer to Beaumont Tiles under any circumstances:

6.4.1 those that were specially made, sourced, ordered or purchased for the Customer;
6.4.2 those that were used, installed, laid, damaged or altered in any way by the Customer;
6.4.3 those that were sold to the Customer at wholesale or discount prices, advertised as Clearance tiles, or as second grade or quality; or
6.4.4 those that are no longer in stock in store by Beaumont Tiles or have been discontinued.

6.5 Goods returned in accordance with clause 6 will be subject to a restocking fee. The restocking fee will be 25% of the price (plus GST) agreed in the Contract for the relevant Goods.
6.6 Beaumont Tiles’ online samples are provided to the Customer at no charge other than the cost of freight and handling. Therefore, once the Customer chooses the sample, these products are not refundable, however Beaumont Tiles do offer a $25 discount off the Customer’s next non-sample online order for all orders above the value of $250 ($25 redeemed per order).

7. Payment

7.1 Unless the Customer is a Commercial Credit Trade Account Customer and Beaumont Tiles agrees in writing for the Customer to pay for Goods on the Customer’s Commercial Credit Trade Account, the Customer will pay for the Goods before the time specified by Beaumont Tiles for delivery or collection of the Goods.
7.2 The Customer must pay for the Goods in cash, by cheque (for authorised Customers only), by credit card (excluding American Express and Diners Club) or by any other method of payment specified by Beaumont Tiles.
7.3 Payment is only received by Beaumont Tiles when it receives cash or when the proceeds of other methods of payment are credited and cleared to Beaumont Tiles’ bank account.
7.4 The Customer may not assert or exercise any right of set-off against monies payable by it to Beaumont Tiles.
7.5 Beaumont Tiles may charge interest to the Customer on amounts which remain unpaid for more than 14 calendar days. The interest rate will be seven percentage points above the cash rate target announced by the Reserve Bank of Australia from time to time. That interest will accrue and be recoverable from day to day.

8. Limitation of liability

8.1 If under the Australian Consumer Law or any other law any terms which apply to the sale of Goods under the Contract cannot be legally excluded, restricted or modified then those terms apply only to the extent permitted by law.
8.2 All terms, which would otherwise be implied by law or otherwise, are excluded except as stated in these Terms.
8.3 To the extent permitted by law, Beaumont Tiles’ liability for any breach of the terms of the Contract, and any condition or warranty implied by the provisions of the Australian Consumer Law, is limited to and will be completely discharged by any one of the following as determined by Beaumont Tiles in its absolute discretion:

8.3.1 the replacement of the Goods or the supply of equivalent Goods;
8.3.2 the repair of the Goods;
8.3.3 the payment of the cost of replacing the Goods or of acquiring equivalent Goods; or
8.3.4 the payment of the cost of having the Goods repaired.

8.4 Except as expressly provided in this clause and to the extent permitted by law, Beaumont Tiles is not liable to the Customer (and any party claiming through the Customer) for:

8.4.1 any claim made after laying, installation or use of the Goods;
8.4.2 any claim made with respect to or in connection with any of the matters referred to in clause 5;
8.4.3 any claim made under, or in connection with, the Contract (whether under contract, in tort, under statute, in equity or otherwise) in respect of any defects whatsoever to the Goods for the loss or damage to person or property arising from or caused by such defects; and
8.4.4 any indirect, special or consequential loss or damage of any nature whatsoever resulting from or caused in any way by the Goods, where indirect, special or consequential loss or damage includes:
(a) any loss of income, profit or business; or
(b) any loss of goodwill or reputation.

9. Privacy

9.1 Beaumont Tiles collects personal information which is reasonably necessary to enable it to supply the Goods to the Customer. Our Privacy Policy can be accessed through the home page or at www.beaumont-tiles.com.au/privacy-policy.

10. Indemnity

10.1 The Customer will indemnify and keep indemnified and hold Beaumont Tiles, its officers, directors, employees, agents, successor and assignees, harmless from and against all liabilities, losses, damages, costs or expenses incurred or suffered by Beaumont Tiles, and from and against all actions, proceedings, claims or demands made against Beaumont Tiles, arising from one or more of the following:

10.1.1 the Customer’s failure to comply with any applicable laws, rules, standards, regulations or instructions in relation to the Goods or the use of the Goods; and
10.1.2 any negligence or breach of duty by the Customer and its employees, agents or contractors in relation to the Goods or the use of the Goods.

11. General

11.1 The Contract and these Terms are governed by the laws of the Commonwealth of Australia and the State or Territory in which Goods are supplied to the Customer and the parties submit to the jurisdiction of the courts of the Commonwealth of Australia and the courts or tribunals of the applicable/relevant State or Territory, with any proceedings to be issued out of a court or tribunal of competent jurisdiction in or nearest to the capital of such State or Territory.
11.2 The rights and obligations of the parties will not merge on completion of any transaction under the Contract and these Terms or upon the execution of any other document in connection with the subject matter of the Contract and the Terms.
11.3 All rights under the Contract and these Terms are in addition to and do not abrogate, limit or reduce any other rights that Beaumont Tiles may have.
11.4 Any provision of the Contract and these Terms that is invalid, unenforceable or illegal must be read down to the extent necessary to avoid that effect. If that is not possible, that provision must be excluded from the Contract and these Terms but only to the extent necessary to avoid that effect. All other provisions of the Terms continue to be valid and enforceable.
11.5 Unless otherwise specified, time is of the essence in the Contract.
11.6 Beaumont Tiles may vary the Terms with reasonable notice given to the Customer.
11.7 A right or obligation under the Contract and these Terms cannot be waived except by a document executed by the party waiving that right or obligation and specifying the waiver.