Ceramica Senio retailer of ceramic tiles, flagstone pavers, natural stone

TERMS AND CONDITIONS

These are the standard terms and conditions of trading of Wagstaff Investments Pty Ltd ACN 070 170 786, trading as Ceramica Senio. They are in addition to (but not superior to) any special conditions given in writing at the time of quoting, and to any specific agreement in writing between WAGSTAFF INVESTMENTS PTY LTD (herein after known as "the Company") and the purchaser.

These terms and conditions are binding on both parties conditional on the common law rights and privileges available to both parties. Payment of a deposit, lodgement of a trading account application, or lodgement of an official order by the purchaser, constitutes assent to an agreement between the parties, and acceptance of these conditions.

·	Prices are subject to change without notice. All prices are to be confirmed at time of ordering. Forward orders of imported products are subject to exchange rate fluctuation, and prices will be set at the time of entry of the goods into Australia. Back orders will be supplied at the price current at the time of ordering unless notification is given in writing by the Company.

·	Confirmed orders are irrevocable. Any diminution of liability of the purchaser to accept materials ordered with the Company is made entirely at the discretion of the Managing Director of the Company. Any concessions granted will be made on the merits of each instance, and not taken as a precedent. A fee of 30% of the total order value is due and payable on the day of cancellation of an order. If for any reason whatsoever, any monies are owed after the thirtieth day of the end of the month of the non payment of any due debt, including the cancellation of an order, there may be immediate cessation of supply, and interest shall be paid on that debt, by the purchaser to the Company compounding at the rate of 1.5% per calendar month (or the base bank rate, which ever is the greater), calculated on the last day of each month, until the debt is paid in full.

·	A deposit of 30% is payable prior to commencement of processing of an order by the Company, with the balance to be paid before delivery of the goods, any extra charges such as storage and delivery will be to the account of the purchaser, and must be paid in full before delivery, unless other arrangements have been made in writing.

·	The purchaser accepts liability for loss or damage to goods ordered by the purchaser from the Company once they are despatched from the deemed warehouse of the Company. The Company agrees to arrange, from time to time, on behalf of the purchaser, transport of such goods ordered; and the purchaser agrees to hold the Company safe from any dispute over damage or loss in transit arising between the purchaser and the carrier.

·	The purchaser accepts responsibility for accuracy of orders placed with the Company, in all respects. Whilst employees of the company may from time to time provide the service of quantity takeoffs from plans supplied and on site measure, taking every care to ensure accuracy; the company accepts absolutely no responsibility for discrepancies which may arise, and affirms that any orders accepted from the purchaser are deemed to have been checked by the purchaser for accuracy. The Company specifically repudiates liquidated damages provisions on any purchaser's order unless agreed to in writing.

·	Returns of ceramic tiles are accepted only if in full box lots, in good condition, in the shade which is in stock at the time of return; are subject to a 15% restocking fee, and must be returned to our store. Stone products are non-returnable.

·	Special match colour products, and any custom made or other product non-returnable to our supplier, or product which is ordered by the Company from a supplier at the request of the purchaser, or any agent of the purchaser, cannot be returned, cancelled, or modified in any way, and must be paid for in full, according to the terms specified.

·	Shade variation is inherent in all kiln fired products. An important part of the charm of hand made tiles is the variation of shades, size, and planarity. All product must checked prior to installation, as no claim will be accepted once tiles have been fixed. Any claim for breakage must be made at the point of delivery, and no claim will be sanctioned after delivery is accepted.

·	Natural stone products may vary from samples, and previous deliveries. Orders are placed by the purchaser, and accepted by the Company, with the understanding that no order may be rescinded on the basis of colour or any other variation.

·	The Company does not warrant the quality or suitability for use of any product, apart from those warranties provided by the manufacturer. Any information or advice provided by employees of the Company is given in good faith, and the Company is not liable for any direct or consequential loss or damage arising from the use by the purchaser of any product. The purchaser accepts that all hand made products and natural stone carry no warranties whatsoever.

The agreement between the Company and the purchaser is an agreement to supply goods to the purchaser on these (and those contained in Specific Agreements) terms and conditions and does not provide for an unconditional sale of goods to the purchaser. The purchaser acknowledges and agrees that title to the goods shall not pass to the purchaser by reason of the delivery of the goods or the acceptance by the Company of the purchaser's request to supply the goods. 
It is a condition of the agreement that the Company shall remain the sole and absolute owner of the goods until such time as the price of the goods shall have been paid in full to Wagstaff Invstments Pty Ltd, trading as Ceramica Senio. Until that time, the purchaser shall be the bailee of the goods for the Company and shall use its best endeavours to keep the goods separate and distinguishable from other goods. Unless the sale price is paid in full, the purchaser's right to possession of the goods shall cease at: the date in which the account becomes due and payable; the date on which the purchaser (being a natural person) commits an act of bankruptcy or compounds to make or makes any arrangement with creditors or executes a Bill of Sale over the goods; the date on which the purchaser (being a company) is wound up either compulsory or voluntarily or on which a receiver of any assets is appointed; or the date on which any execution or distress is levied upon any goods of the purchaser - whichever date is the earliest. On cessation of the purchaser's right to possession of the goods, the Company, or its Agent, may for the purpose of the recovery of the goods, enter upon the premises where the goods are stored and repossess. 
The Company reserves the right to charge 2.5% extra for any Credit Card Charges over the value of $1000.00
THESE TERMS AND CONDITIONS USURP ALL OTHER AS AT 24 / 01 / 03