6. DELIVERY, RISK AND INSURANCE
6.1 Delivery: Delivery of the Goods will take place upon pick up by or Delivery of the Goods to you, your agent or nominee or to a carrier commissioned on your behalf as applicable at the place specified by you or as otherwise agreed. We will not install Goods for you.
6.2 Mode of Delivery: We will not accept responsibility for Goods Delivered to the place specified by you beyond either:
(a) a location within 5 metres of the delivery vehicle, if delivered by courier; or
(b) in all other cases, the kerbside.
6.3 Missed deliveries: If your representative is not present at the assigned delivery time and you have not requested an alternative delivery time, we may either:
(a) store the Goods and attempt re-delivery. We may charge you any costs we incur to store the Goods until they are Delivered to you; or
(b) deliver the Goods to the location specified in clause 6.2 and risk will pass to you in accordance with clause 6.6.
6.4 Cost of Delivery: We may charge you for delivering the Goods to you, which will be included in the Invoice to be paid in relation to the Goods. Any transportation costs incurred after the Goods have been Delivered will be paid by you.
6.5 Instalments: We reserve the right to make Deliveries in instalments and these Terms will be severable as to such instalments.
6.6 Risk passes on Delivery: The risk in the Goods will pass to you upon the Delivery of the Goods in accordance with clause 6.1.
6.7 No liability for delay: We will use reasonable efforts to deliver the Goods to you by the delivery date and to the place specified by you. Without limiting clause 9, if the Delivery of the Goods is delayed:
(a) we will not be liable for late Delivery or delay in Delivery; and
(b) the delay does not give you the right to cancel an Order or terminate these Terms.
6.8 Storage: Without limiting clause 6.3, if, due to your act or omission, a Delivery cannot take place within 14 days of the Delivery Date set out in the Order, we will issue an Invoice for the reasonable costs of storing the goods until Delivery can be effected in accordance with clause 6.1.
7. SUSPENSION AND CANCELLATION
7.1 Suspension of Order: If as a consequence of an instruction from you, we delay or suspend (but not cancel) an Order or any part of an Order for a period of 7 days or more, we may:
(a) request the payment in full for all work in progress relating to the relevant Order at the time of suspension; and/or
(b) vary the price for the uncompleted portion of the relevant Order.
7.2 Cancellation by you: You may not cancel an Order, or any part of it, unless:
(a) we give our written consent; and
(b) you pay to us (if required by us in our absolute discretion) any and all costs reasonably incurred by us in relation to the cancelled Order or the cancelled part of the Order to the date of cancellation.
7.3 Cancellation by us: We may in writing cancel an Order or delivery of an Order without liability to you (save as required by relevant laws) if:
(a) we reasonably form the opinion that you are insolvent or at material risk of insolvency;
(b) you fail to pay any amount for the Goods on the due date; or
(c) we reasonably form the opinion that supplying Goods to you may have a negative impact upon our business or commercial reputation or image.
8. DEFECTS AND RETURNS OF GOODS
8.1 Acceptance: Subject to your right to provide a notification under clause 8.3 and your rights at law, you are deemed to accept the Goods as-is by the earlier of:
(a) the date that the Goods are installed by a qualified tradesperson; and
(b) 7 days, or otherwise within a reasonable time from the Delivery date.
8.2 Returns: You should inspect the Goods immediately once they are delivered and may only seek a remedy for the Goods if:
(a) they do not materially comply with the Order; or
(b) if permitted by law, including the ACL.
8.3 Notification: If you wish to seek a remedy for any Goods delivered to you in accordance with clause 8.2, you must give to us:
(a) notice within 7 days, or otherwise within a reasonable time of Delivery of the Goods; an
(b) the original Invoice details.
8.4 Replacement or credit: If we accept your notifications under clause 8.3, we will at our option either:
(a) replace the relevant Goods; or
(b) give a credit or a refund for such Goods.
8.5 Costs to return Goods: You will, unless you have a statutory or other legal right that permits otherwise:
(a) bear any expense of transportation of Goods returned to us; and
(b) pay a re-stocking fee of the greater of:
(i) of 20% of Goods returned; or
which is a reasonable pre-estimate of loss associated with processing the returned Goods.
8.6 Non-payment of account: We will not accept notifications under clause 8.3 if you are in breach of any payment obligations or any amounts are overdue.
8.7 Goods damaged in transit: If the Goods are damaged in the course of being delivered to you:
(a) you must notify us of any claim for Goods damaged in transit within a 7 business days of Delivery; and
(b) subject to our acceptance of your claim under this clause 8, we will in our discretion refund or provide an equivalent replacement for the relevant Goods.
9. EXCLUSIONS AND LIMITATIONS
9.1 Excluded rights: All express or implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise), relating to these Terms, that are not contained in it, are excluded to the fullest extent permitted by law.
9.2 Limitations: No warranty is given and we will not be liable for:
(a) alterations to Goods for which we are not responsible;
(b) defects or depreciation caused by wear and tear, accidents, corrosion, dampness or other abnormal conditions or effects;
(c) inherent cracks, chips or blemishes in products;
(d) any natural variability between Goods of the same or similar description or quality that may be reasonably expected due to the Goods being natural and/or hand-made products with inherent imperfections and variations in colour, shade, texture, composition and natural characteristics;
(e) damage or failure caused by unusual or non-recommended use, misuse or application of the Goods; or
(f) loss caused by any factors beyond our control.
9.3 Indirect loss: We will not be liable for any special, indirect, consequential or economic loss or damage or loss of profits (in contract or tort or arising from any other cause of action) suffered by you or any other person resulting from any act or omission by us.
9.4 Total liability: Our total liability for breach of these Terms or breach of our contractual obligations or duties at law or in equity (however arising) is limited at our option to:
(a) the replacement of the Goods or the supply of equivalent goods;
(b) the repair or rectification of the Goods;
(c) the payment of the cost of replacing the Goods or of acquiring equivalent goods; or
(d) the payment of the cost of the repair or rectification of the Goods.
9.5 No reliance: You acknowledge that:
(a) you have and will make your own assessment of the fitness for purpose and suitability of any Goods supplied to you;
(b) you do not and will not rely on any advice that we provide regarding installation or use of any Goods that we supply to you;
(c) you must seek your own advice from a qualified installer or tradesperson skilled in the use and installation of such Goods;
(d) you do not and will not rely on our skill or judgment nor that of any person by whom any prior negotiations or arrangements in relation to the acquisition of any Goods were conducted or have been or will be made; and
(e) you have not and will not make known to us the particular purpose for which you acquire Goods.
9.6 Third party work: If you use a third party to install Goods that we provide under these Terms:
(a) we will not be liable for any breach of these Terms if that breach is as a result of or is connected with the act or omission of a third party in connection with such Goods; and
(b) any claim by you in relation to the installation of the Goods must be made directly against that third party; and
(c) any warranties, statutory guarantees or other rights will be governed by the terms of supply by that third party to you and relevant laws.