Terms & Conditions

  1. Interpretation
    1. In these conditions
      1. ‘Seller” means Majool Pty Ltd (ABN: 14 123 140 429) which is the seller of the goods: “Purchaser” means the Purchaser of the goods specified overleaf; and the “Goods” means the products specified.
      2. Nothing in these conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Trade Practices Act 1974) and which by law cannot be excluded, restricted or modified.
  2. Agreement to Buy and Sell
    1. These conditions (which shall only be waived in writing signed by the Seller) shall prevail over all conditions of the Purchaser’s order to the extent of any inconsistency.
  3. Seller’s Quotation
    1. Unless previously withdrawn, the quotation is open for acceptance within the period stated therein or, when no period is stated, within thirty (30) days only after its date. The Seller reserves the right to refuse any order based on this quotation within seven (7) days after the receipt of the order.
  4. Goods Sold
    1. All goods to be supplied by the Seller shall be as described in the quotation.
    2. The Purchaser shall inspect the Goods and within two (2) days of delivery of the Goods advise the Seller of any reason that the Purchaser considers that the Goods delivered are not in accordance with the quotation. After two (2) days of delivery of the Goods the Purchaser shall be deemed to have accepted that the Goods delivered are as described in the quotation.
  5. Delivery of Goods
    1. The delivery times made known to the Purchaser are estimates only and the Seller shall not be liable for the late delivery or non-delivery and under no circumstances shall the Seller be liable for any loss, damage or delay occasioned to the Purchaser or its customers arising from the late or non-delivery of the Goods.
    2. The Seller may deliver the goods in instalments and invoice the Purchaser for Goods comprised in each instalment.
    3. The Seller may refuse to deliver any instalment of the Goods if payment of any invoice is outstanding by more than seven (7) days.
    4. The quotation does not include the costs of delivery and transportation of the Goods, which costs of delivery and transportation shall be borne by the Purchaser, unless otherwise stated in the quotation.
  6. Packing of Orders
    1. The cost of any special packing and packing materials used in relations to the Goods shall be at the Purchaser’s expense notwithstanding that such cost may have been omitted from any quotation.
  7. Shortage
    1. The Purchaser waives any claim for storage of any Goods delivered if a claim in respect thereof has been lodged with the Seller within two (2) days from the date of receipt of goods by the Purchaser.
  8. Price Increase
    1. Prices quoted are those ruling at the date of issue of the quotation and are based on rates of insurance, customs duties, exchange, shipping expenses, sorting and stacking charges and the cost of the acquisition from manufactures ruling on the date it is made and any alterations thereto either before acceptance of or before delivery of the Goods shall be to the Purchaser’s account
  9. Payment
    1. The Seller shall invoice the Purchaser for Goods ordered and the Purchaser shall pay one half of the Total Price quoted within seven (7) days of acceptance of the quotation. The balance of the Total Price shall be paid Cash on Delivery of the Goods.
    2. If any cheque issued by the Purchaser in payment of Goods is dishonoured the Seller may refuse any further goods until satisfactory payment is received in full.
  10. Passing of Title
    1. The Seller reserves the following rights in relation to the Goods until all accounts owed by the Purchaser to the Seller are fully paid:
      1. Legal ownership of the Goods.
      2. To enter the Purchaser’s premises (or the premises of any associated company or agent where the Goods are located) without liability for trespass or and result damage and retake possession of the Goods; and
      3. To keep or resell any goods repossessed pursuant to (b) above;
    2. If the Goods are recoiled by the Purchaser, the Purchaser shall hold such part of the proceeds of any such sale as represent to invoice price of the Goods sold in a separate identifiable account as the beneficial property of Seller and shall pay such amount to the Seller upon request. Notwithstanding the provisions above Seller shall be entitled to maintain an action against the Purchaser for the purchase price and the risk of the Goods shall pass to the Purchaser upon delivery.
  11. Loss or Damage in Transit
    1. The Seller is not responsible for any loss or damage to the Goods in transit. The Seller shall render the Purchaser such as may be necessary to press claims on carriers provided the Purchaser shall have notified the Seller and the carriers in writing immediately loss or damage is discovered on receipt of the Goods and shall lodge a claim on the carrier within three (3) days of the receipt of the Goods.
  12. Warranties Excluded
    1. The Goods are not manufactured by the Seller and the guarantee of the manufacturer thereof shall be accepted by the Purchaser and is the only guarantee given to the Purchaser in respect of the Goods.
    2. Except as may be required by law, all express and implied warranties, guarantee and conditions under the statute or general law as to merchantability, description, quality, suitability or fitness of the Goods for any purpose are hereby excluded and the Seller shall not be liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply of the Goods or arising out of Seller’s negligence or in any way whatsoever.
    3. The Seller’s liability for breach of a condition or warranty implied by Division 2 of PT V of the Trade Practices Act 1974(other thans.69) is hereby limited to:
      1. The replacement of the Goods or the supply of the equivalent goods;
      2. The repair of the Goods;
      3. The payment of the cost of replacing the Goods or of acquiring goods; or
      4. The payment of the cost of having the Goods repaired;
  13. Place of Contract
    1. The contract of the sale of the Goods is made in the state of Western Australia from which this document is issued and the parties agree to submit all disputes arising between them to the courts of Western Australia.
  14. Recovery of Legal Costs
    1. If the Seller shall incur any legal costs whatsoever associated with or in any way related to the Purchaser’s breach of these conditions the Purchaser shall pay the Seller’s legal costs (solicitor and own client costs) upon an indemnity basis on demand by the Seller.