TERMS AND CONDITIONS OF SALE  K&B TIMBER AND HARDWARE

1. INTRODUCTION

These Terms and Conditions of Sale (“Agreement”) apply to all sales of timber and products (collectively referred to as “Goods”) by K&B Timber and Hardware Pty Ltd (“Us”) to a customer (the “Customer”). This Agreement governs the relationship between Us and the Buyer and supersedes all prior agreements and understandings, whether written or oral and any terms or conditions on a Customer’s order or receipt.

2. ACCEPTANCE OF TERMS

This Agreement governs the quotation, purchase and use of our Goods and supply of services ("Services") by any person, entity, or organization that places an order with Us  unless superseded by the Customer’s Credit Account Terms and Conditions with Us or Our other written agreement as supplied from time to time. By placing an order, the Customer agrees to be bound by these Terms, and any applicable laws and regulations. Specific terms applicable to any quotation are as stated on Our Quotation Sheet.

3. PRICING & PAYMENT

3.1 The price of timber and any other Goods will be as quoted by Us to the Customer in writing or as otherwise communicated by Us. The price excludes any applicable taxes, which will be added to the Customer’s final invoice.

3.2 Payment for Goods must be made within the period specified by Us in Our invoice. We reserve the right to charge the Customer interest at Our current rate or place the account on stop credit on overdue payments.

3.3 In making payment for an invoice, the Customer may not set off any amount owed to Us against any other amount owed by Us to the Customer.

4. ORDERS AND DELIVERY

4.1 The Customer may place an order for timber and/or Goods supply by submitting a purchase order or by other means of communication accepted by Us. We reserve the right to refuse any order on any terms.

4.2 We will use our best endeavours to deliver the order within the agreed timeframe. However, We will not be liable for any delays in delivery or failure to deliver due to factors beyond Our control, including but not limited to weather, transportation disruptions, manufacturer or supplier delay or failure and industrial action.

4.3 The Customer must inspect the timber and/or Goods upon delivery and notify Us of any damage, defects, short supply or discrepancies within 48 hours of receipt. If the Customer fails to do so, We will not be liable for any claims arising from the defects or discrepancies, other than under Australian Consumer Law if applicable.

4.4 The risk of loss or damage to the timber and/or Goods passes to the Customer upon delivery to the Customer of the timber and/or Goods or upon collection by the Customer’s designated carrier in the case of third-party transport.

5. WARRANTIES AND LIMITATION OF LIABILITY

5.1 We warrant that the timber and/or Goods supplied to the Customer will be of acceptable quality and fit for the purpose specifically notified by the Customer to Us (if any).

5.2 Our liability for any breach of warranty, breach of contract, or any other claim arising from or in connection with the timber, Goods or Services will be limited to the price paid by the Customer for the timber unless Australian Consumer Law applies.

5.3 We will not be liable for any indirect, special, or consequential loss or damage, including loss of profits, revenue, or business opportunities, arising from or in connection with the timber, Goods or Services except in the case of a valid claim under Australian Consumer Law.

5.4 The Customer must indemnify and hold us harmless from and against any claims, damages, liabilities, and expenses arising from or in connection with the Customer's use of the timber, Goods or Services, failure to pay any of Our invoices within the time specified on the invoice or due to a breach of these Terms and Conditions or any other terms advised in writing.

5.5 Our Goods and Services come with guarantees that cannot be excluded under the Australian Consumer Law.  You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.  You are also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure. 

6. RETURNS AND CHANGE OF MIND POLICY

6.1 We do not accept voluntary returns or credit for special order Goods.

6.2 A restocking fee up to 30% is applicable for returned Goods based on final evaluation by Us. We reserve the right to refuse a voluntary return for any reason, including if the Good has been used or damaged by the You or removed from packaging.

6.3 Our collection of returned Goods from Your site will incur additional transport charges depending upon location. 

7.            INTELLECTUAL PROPERTY

7.1 All intellectual property rights in the timber design, including but not limited to copyright, trademarks, and patents, belong to Us or Our licensors.

7.2 You may not reproduce, modify, distribute, or use any of Our intellectual property without Our prior written consent.

8. TERMINATION

8.1 We may terminate these Terms and cancel any outstanding orders immediately by giving written notice to You if You breach any of these Terms or any other agreements with Us, including Your Credit Account Agreement Terms and such breach is not remedied within a reasonable time as stated by Us.

8.2 The termination of these Terms will not affect any of Our rights or obligations that have accrued prior to the termination.

9. GOVERNING LAW

These Terms will be governed by and construed in accordance with the laws of the State of South Australia and the Commonwealth of Australia and the courts of that State and appeal therefrom.

10. GENERAL

10.1 These Terms constitute the entire agreement between the parties and supersede all prior agreements, arrangements, or understandings, whether written or oral.

10.2 No waiver of any provision of these Terms will be effective unless it is in writing and signed by the party giving the waiver.

10.3 These Terms and the provision of all personal information by You to Us are subject to Our Privacy Policy which is located at https://www.metcash.com/legal/privacy-policy/