Northern Rivers Timber Pty. Ltd.

TERMS AND CONDITIONS OF SALE

1. Definitions
1.1. “Company” is Northern Rivers Timber Pty Ltd of 358 Botany Rd (PO Box 7422) Alexandria NSW 2566 Australia
1.2. “Contract” is the Contract for the sale of the goods formed by acceptance of the order for the goods.
1.3. “Customer” is the person, firm, corporation or other body to whom the invoice is addressed.
1.4. “Goods” are the items the subject of the sale under the Contract specified on the face of the invoice or where the context so admits means part of them.
1.5. “Mill” is the timber production facility located in Casino, NSW
2. General
2.1. The following are the terms and conditions of sale for the goods unless otherwise stated in a written form in which case the terms and conditions appearing on this Company form shall prevail in the case of any inconsistency PROVIDED HOWEVER that if any of these terms or conditions contravenes or is prohibited by any law of statute for time being in force (or which may come into force) including (but not limited to) the Trade Practices Act 1974 (as amended such terms or conditions shall not apply to the Contract but the remaining terms and conditions shall continue in full force and effect.
2.2. Unless the Company otherwise agrees in writing, at the request of the Customer, delivery of the goods shall take place at the Company’s premises.

3. Terms of Payment
3.1. 20% deposit required upon placement of order and balance payable prior to delivery or as specified in writing by the Company to the Customer.
3.2. Interest at the maximum rate of interest permitted by law from time to time (whichever is the lesser) shall be payable by the Customer on all principal amounts due and owing to the Company, such as interest to be calculated on the daily balance and to be payable on demand. The Customer’s obligation to pay the outstanding principal amount on the date it becomes due for payment is not affected by this Condition.
3.3. All losses, expenses, interest and costs including (but not limited to) legal fees consequent upon the Customer’s failure to pay on the due date shall be recoverable from the Customer by the Company as liquidated damages.

4. Order Cancellation
4.1. Orders cancelled prior to dispatch from the mill will incur a cancellation fee of $120 (+GST).
4.2. Orders cancelled after dispatch from the mill will incur a cancellation fee of $120 (+GST) plus further fee equivalent to 9.5% of the total order including GST.

5. Return of Goods for Exchange, Credit or Refund
5.1. All Company products are tested for moisture content, dimensions and grading prior to dispatch using Australian Standards 2796. It is the responsibility of the customer to ensure adequate timber protection and acclimatisation is provided from the time of delivery as outlined in the Company flooring fact sheets.
5.2. It is the responsibility of the Customer to inspect all goods upon delivery and any claim in respect to alleged defect, shortage in quantity, damage or failure to comply with the customers order must be made in writing to the Company within 14 days of delivery.
5.3. The goods in respect to such claim must be preserved in tact for a reasonable period after a notice of claim has been made. The customer must provide to the Company, upon request, evidence of claim by way of photo’s, samples or the Company allowed access to such goods for inspection. No claim shall be entered into once products have been installed.
5.4. The Company will only consider claims as outlined in 5.2 and 5.3 where it relates directly with a product supplied by the Company. The Company will not accept claims for additional costs which the Customer may have incurred as a result of the claim.
5.5. No exchange, credit or refund for change of mind or incorrect product choice by customer.
5.6. The Customer shall pay all freight charges for the return of goods unless the Company expressly agrees in writing to accept liability for such charges.
5.7. The following types of goods cannot be returned for exchange, credit or refund under any circumstances except where a claim for defect has been lodged as outlined in 5.2.
a) Any goods specifically cut to size;
b) Any goods specifically made, or otherwise treated or purchased for the Customer;
c) Any goods damaged or altered in any way by the Customer.
d) Any goods installed by the customer
5.8. In relation to 5.2, the Company is limited to, at the Company’s sole discretion, to exchange the goods, credit the goods or refund the purchase price.
5.9. Without prejudice to condition 5.3 of Return of Goods for Exchange, Credit or Refund, the Company will accept no responsibility for any loss arising as a result of the Company’s failure to give credit or its delay in doing so.

6. Title of Goods
6.1. Title to the property in the Goods shall not pass to the Customer until the Customer has paid to the Company by way of cleared funds, the debt.
6.2. The Customer must store and insure the good’s or record the proceeds of the sale of goods separate until such time as the debt has been paid by way of cleared funds to the Company.
6.3. Until such time as ownership of the goods passes from the Company to the Customer, the Company may at any time give notice in writing to the Customer to return the Good’s.
6.4. If the Customer fails to return the Goods, the Company or the Company’s agent may enter upon and into the land and premises owned, occupied or used by the Customer where the Goods are situated and take possession of the Goods, without responsibility for any damage thereby caused.
6.5. The Company may issue proceedings to recover the price of the Goods sold, not withstanding that ownership of the Goods may not have passed to the Customer.

7. Lien
7.1. The Company reserves the right to retain the goods until payment has been received in full by way of cleared funds.

8. Liability
8.1. Unless expressly agreed to the contrary by the Company in writing, the provisions and tolerance contained in the standard specification to which the goods are manufactured by the Company or its suppliers will apply to all orders accepted.