Terms & Conditions

• Standard Terms & Conditions of Sale

The “Company” is Q.E.P. Aust. Pty. Limited ABN 83 087 683 092
The “Customer” is the person / s to whom the goods are hereby sold
The “Goods” is the goods sold by Q.E.P. Aust. Pty. Limited to the Customer

1. GENERAL

These terms and conditions will apply to the exclusion of all others including any terms and conditions of the Customer (whether on the Customer’s order form or otherwise). The Customer acknowledges that these terms and conditions embody the whole agreement between the parties and by ordering the Company's goods or using the Company's websites, www.australianflooringsupplies.com.au or shopqep.com.au , agrees to be bound by them. These terms and conditions may be varied from time to time by the Company without notice.

2. GOODS & SERVICES TAX

All charges and purchase costs that are or will become subject to a Goods and Services Tax will be passed on to the Customer and will be payable by the Customer.

3. PRICE

Unless otherwise agreed in writing all prices and charges are subject to alteration without notice. Orders are accepted by the Company subject to the condition that the buyer agrees to pay the Company prices set out in its published price list or price guides current at the time the order is placed subject to any other conditions or pricing agreed in writing with the Company. All allowances and discounts, as set out in our trading terms, from time to time are applicable to the period in which the goods were purchased from the Company.

4. PAYMENT

Payment for all orders is upfront prior to collection or despatch. Where credit has been provided, payment must be made by the Customer to the Company for all goods supplied, work and labour done and services rendered, by the 30th of the month following the month of invoice – unless otherwise agreed in writing. The Customer acknowledges that time is of the essence with regard to payment and that any breach of this term will enable the Company to exercise all of its rights contained herein including (but without in any way limiting its rights) the right to cancel further credit and to take legal action for the recovery of all sums outstanding. All payments by the buyer must refer to the specific statement or liability for which the payment is being made otherwise the Company may allocate the payment towards discharging the buyer’s debts that have been outstanding for the longest period. Payments are to be net and no settlement discount will be allowed unless the Company has agreed in writing to allow a settlement discount, and the payment relating to that discount is made in accordance with the agreed timeframe. Where such payments are received by the Company beyond the agreed timeframe, the buyer agrees no settlement discount will be allowable. Payments must be made without set-off, deduction or counterclaim. The Company will not be responsible for the timely receipt of payments lodged by mail.

5. INTEREST

Should payment remain outstanding beyond the Company’s terms as outlined in clause PAYMENT above, the Customer agrees to pay interest on all amounts outstanding from the due date until the date of payment at a rate equal to the Company’s then current overdraft rate, as varied from time to time.

6. COSTS

Should payment remain outstanding beyond the Company’s payment terms as outlined in clause PAYMENT above, the Customer is liable for all costs including legal costs (on a Solicitor own client basis) and mercantile agents’ fees incurred by the Company in recovering the amount outstanding.

7. DELIVERY

The Company may accept or refuse any order for products in its absolute discretion and may make its acceptance of an order conditional upon a satisfactory credit assessment of the buyer. Reasonable commercial efforts will be made to fulfil accepted orders placed with the Company, but if the Company’s ability to do so is affected (directly or indirectly and whether by circumstance already existing or otherwise) by strikes, lockouts, rise in freight, duties or other charges, acts of God, freight or carrier delays, or by any cause whatsoever beyond the reasonable commercial control of the Company, it will have the right :(a) to elect to extend the time for fulfilment of the order or compliance with any delivery or completion date; (b) to alter the specifications for the products so as to allow the substitution of equivalent products; or (c) to terminate the order without liability for breach of contract or for any antecedent breach. The Company will not be liable for any loss, including consequential loss and loss of profits, arising from any delay in its performance of the contract or the early termination of any order. Goods will be delivered to the address specified in the credit application as the address for delivery, unless otherwise agreed to in writing between the parties. In any event the Company will be entitled to full payment for all products which have been delivered. In the event that a delivery date is specified by the Customer, the Company will use its best endeavours to comply with the Customer’s requests. In no circumstances will the Company be liable for any loss or damage of any kind whatsoever in the event that it is not able to comply with the Customer’s request for delivery by a certain time. The Customer acknowledges and agrees that it will not make any claim against the Company for any loss or damage incurred as a result of late or incorrect delivery.

8. FREIGHT OR DELIVERY SURCHARGE

The Company may impose a surcharge on any order to compensate for costs incurred in the packing, handling, delivery, or freight of an order. These costs will be disclosed on the Company price guide or price list.

9. CLAIMS

The Customer will be deemed to have accepted the goods as being in accordance with its order, including price charged, unless it notifies the Company in writing of its claim within 14 days of receipt of the goods. The Company will accept no return of allegedly defective goods, unless it has given prior written authorisation for the return. No claims will be accepted where the goods have been accepted by the customer and subsequently changed in nature or are no longer in the same saleable means as when originally received. To avoid confusion, but without limitation, this includes where the goods have been cut, laid, glued or otherwise altered.

10. RETURNS

Return of products to the Company by the buyer may only be made if the Company has agreed to that return and all such returns will be subject to a percentage handling charge based on invoice value of returned products to cover cost of sorting, restacking, testing etc. with freight costs and risk remaining the responsibility of the buyer. The amount of handling charge applicable will be as disclosed on the Company price list or price guide. Any agreement by the Company to accept the return of products is subject to the products being in resealable condition as determined by the Company following inspection of the returned products at the Company’s premises. No returns will be accepted where goods supplied comprise part of a batch or lot number

11. JURISDICTION

The proper law of all contracts arising between the Company and its Customer is the law of the State of Victoria and the parties agree to submit to the jurisdiction of the Courts of that State.

12. WARRANTY

All warranties whether express or implied and whether statutory or otherwise with regard to the goods supplied by the Company as to quality, fitness for purpose of any other matter are hereby expressly excluded insofar as any such warranties are incapable of exclusion at law. Schedule 2 of the Australian Consumer Law ("ACL") defines a consumer. If the Customer is a consumer within the meaning of Schedule 2 of the ACL the goods come with guarantees that cannot be excluded under the ACL. The Customer is entitled to a replacement or refund for a major failure and for compensation for any other foreseeable loss or damage. The Customer is also entitled to have the goods repaired or replaced if the failure does not amount to a major failure.

13. CHANGE OF OWNERSHIP

The Customer agrees to notify the Company in writing of any change of ownership of the Customer within seven (7) days from the date of such change and indemnifies the Company against any loss or damage incurred by it as a result of the Customer’s failure to notify the Company of any change.

14. CANCELLATION

Orders placed with the Company cannot be cancelled without the written approval of the Company. In the event that the Company accepts the cancellation of any order placed with it, it will be entitled to charge a reasonable fee for any work done on behalf of the Customer up until the date of cancellation, including a fee for the processing and acceptance of the Customer’s order and request for the cancellation.

15. LIEN

The Customer hereby acknowledges that the Company has a lien over all goods in its possession belonging to the Customer to secure payment of any or all amounts outstanding from time to time.

16. TITLE

Property in any items or goods sold by the Company will not pass to the Customer until the Customer has paid for the items or goods in full and all other monies outstanding under any other sale of items or goods by the Company to the Customer. The Customer grants to the Company a security interest pursuant to clause 17 of these terms and conditions. The Company will release the security interest when it has received payment in full of all monies owing to it by the Customer. Risk of loss or damage to the items or goods passes to the Customer upon delivery to the Customer. Until payment of the purchase price (or all monies outstanding), the Customer is to insure the items or goods against all risk. Any insurance claim in respect of loss damage or destruction of the items or goods is hereby assigned to the Company. The Customer hereby indemnifies the Company against any loss or damage to the items or goods howsoever arising. The Customer is entitled to resell the items or goods in the usual course of its business but the Company is to be paid from the proceeds of the sale the purchase price owed to the Company (or all monies outstanding) must be kept in a separate account and held by the Customer in trust for the Company. The Customer must, on request disclose to the Company all relevant information regarding the items or goods and any sale by the Customer. In the event that:(a) The Customer has failed to pay for the items or goods as and then due; or (b) The Customer has breached any of the conditions of this Contract; or (c) The Customer commits an act of bankruptcy or becomes bankrupt; or (e) A Receiver or Manager is appointed to the Customer; or (f) The Customer is then placed into Liquidation; or (g) The Customer enters into a scheme of arrangement with its creditors; or (h) Execution is issued against the property of the Customer and is returned unsatisfied; or (i) The Customer is insolvent, then the Company may retake possession of any of its goods which have been supplied to the Customer and for which payment has not been received and for this purpose the Company may enter any premises belonging to or occupied by the Customer. The Customer hereby grants right of entry to the Company for the purpose of retaking possession of its goods and indemnifies the Customer, its servants, agents and employees in relation to any loss or damage occurring as a result of retaking of possession of the goods.

17. Personal Property Securities Act

This clause applies to any supply of goods made on or after the registration commencement time (as defined in the Personal Property Securities Act 2009 (Cth) ("PPS Act")).
If possession of the goods is transferred to the Customer in the circumstances described in clause 16 of these terms and conditions and the Company has not received full payment for the goods, the Customer grants to the Company at the time the Customer takes possession, a purchase money security interest ("PMSI") pursuant to the PPS Act in the goods and any proceeds from the sale of the goods. The Company will register a financing statement under the PPS Act for its PMSI and the Customer agrees to execute any documents, provide all necessary information and do anything else required to ensure the Company obtains and maintains a perfected security interest, as defined in the PPS Act, which will have priority over all other security interests in the goods.
The Customer agrees to pay all costs and expenses incurred by the Company in connection with the registration of the Customer's security interest and any enforcement or attempted enforcement and removal of that interest, or preservation of any right or interest under these conditions or otherwise conferred on the Company by the PPS Act.
The Customer waives its right under section 157 of the PPS Act to receive any notice of a verification statement in relation to the registration of a financing statement.

18. TERMINATION OF CREDIT

The Company reserves the right to terminate credit facilities from time to time or at any time and may do so at its sole discretion. Failure to comply with the approved payment terms may lead to a cessation of supplies and the forfeiting of allowances.

19. VARIATIONS

These terms and conditions may be varied from time to time by the Company without notice.