Terms & Conditions

All contracts made between Mar Imports Pty. Ltd. or any of its subsidiaries (“ the seller “) and the applicant for a credit Account
and / or the customer specified on the Seller’s Order Form (“ the Buyer “) for the sale of pavers, tiles or other products (“the goods “) ( all such contracts being hereinafter called the (“ Contracts of sale”) are subject to the following terms and conditions:

1. PURCHASE PRICE All Contracts of sale and purchase of goods shall be at the seller’s ruling price at the date of delivery of the goods. Any prior quotation shall be subject to the rise or fall accordingly.

2. PAYMENT The Buyer hereby warrants and agrees to make payment in full without set off to the Seller for the goods delivered from time to time to the Buyer as evidence by the Seller’s Invoice and/or Order Form on or before the expiration of the period ending on the last working day of the month next succeeding the month in which delivery of the
goods took place unless otherwise specified on the Seller’s Order Form where the Buyer has been granted a Credit Account or in accordance with the payment terms set out in the Seller’s Order Form , whichever may be the case (“the Due Date”).

3. INTEREST If the payments referred to in condition 3 are not made in accordance therewithin, the Seller may demand and the Buyer shall pay interest on all amounts outstanding at the rate of 20% per annum from the date due until the day that payment is actually received by the Seller.

4. TRANSFER OF PROPERTY AND RISK The Buyer acknowledges that right title and interest to any and all goods supplied by the seller to the Buyer shall not pass from the Seller to the Buyer until all monies outstanding from the Buyer to the seller have been received by the Seller notwithstanding that particular goods supplied by the Seller to the
Buyer have been paid for by the Buyer. Notwithstanding the foregoing the goods shall be at risk of the Buyer form and including the time and date upon which the goods are delivered:
(a) at or in the near vicinity of an address specified by the Buyers,
(b) into the possession of the Buyer or his carrier, at the premises of the Seller,
(c) into possession of a carrier engaged by the Seller to deliver the goods to the Buyer, at the premises of the Seller; or
(d) to the wharf, rail yard or other transport or other transport loading station specified by the Buyer.

5. ACCEPTANCE OF GOODS The Buyer shall inspect all goods immediately after delivery thereof and shall within three (3) days of delivery and in any case prior to affixing the goods to the buyer’s site , laying or otherwise using any of the goods give notice to the Seller of any matter or thing by reason whereof the Buyer may allege that the goods or part of the goods are not in accordance with the Contract of Sale. Where such a notice is given by the Buyer to the Seller and the Seller agrees that the goods or part of the goods are not in accordance with Contract of Sale (“the Defective Goods “) than , subject to Condition
7, the Seller may replace the defective goods with goods corresponding with the description under which the defective goods were sold if the Seller has in stock goods of that description and , in any case, the Buyer shall not be entitled to cancel the order of which the defective goods formed part provided that where the defective goods amount to
5% or less of the quantity of goods in any one delivery or where the defective goods are returned to the Seller in order , than the order and condition on delivery the Seller shall not be required to replace the defective goods nor to make any allowance thereof. if the
Buyer shall fail to give such a notice the goods shall be deemed to be in all respects in accordance with the Contract of Sale and the Buyer shall be bound to accept any pay for the same accordingly .

6. GOODS AND WARRANTIES
a) Goods sold under the description “first quality “ are warranted to comply with the quality standards of the Seller prescribed from time to time. Goods sold under any description other than “first quality ” in particular, but without limiting the generality of the foregoing goods described as “seconds” or “commons” may be imperfect or damaged and no warranty is given by the Seller as to their quality, condition, colour or fitness for any particular purpose.
a) Due to variations in colour and textures of materials used in manufacture of the goods no warranty is given by the Seller that the goods shall correspond in colour or texture with any sample, display or goods previously sold or displayed. The Buyer shall not make any claim and the Seller shall not, be liable for any loss including consequential loss; expense or damages which may be sustained or incurred
whether directly or indirectly by the Buyer by reason of any variation in
colour or texture of the goods sold.
b) The Buyer shall not make any claim and the Seller shall not be liable for any loss including consequential loss, expense or damages which may be sustained or incurred by the Buyer whether directly or indirectly by reason of delivery to the Buyer of defective goods or after any goods have been affixed to the Buyer’s site, laid or otherwise used.
c) Subject to the provisions of any applicable legislation all conditions and warranties expressed or implied by law or otherwise are hereby negatived .

7. DELIVERY
a) The Buyer shall not make any claim and the Seller shall not be liable for any loss including consequential loss, expense or damages which may be sustained or incurred by the Buyer whether directly or indirectly attributable to the Seller’s failure to deliver goods by reason of lock outs, strikes, accidents, fire or any other cause whatsoever, outside the Seller’s control.
b) The Buyer shall provide reasonable and proper access to the site specified for delivery on the Seller’s Order Form and shall further provide Council approved crossing facilities.
c) Whereby reason of difficulty of access to the site or any other cause whatsoever the time necessarily spent at the site for the purpose of effecting delivery exceeds one (1) hour the purchase price of the goods shall be deemed to be increased by the costs and expenses thereby reasonable incurred or charged by the Seller.
d) When due to the absence of proper identification as place of delivery the site specified for delivery on the Seller’s Order form cannot be located or there is obstruction to the site, the goods shall be returned to the Seller and the purchase price shall be deemed to be increased by the costs and expenses thereby incurred or charged by the Seller.
e) Where damage is caused to footpaths or any other property by the Seller or its carrier, the Buyer shall indemnify the Seller for any loss including consequential loss. expense or damages which may be sustained or incurred by the Seller whether direct or indirectly a s a consequence.

8. ESTIMATIONS The Buyer acknowledges where the Seller has estimated from time to time quantities of goods for purchase by the Buyer, that the Seller has exercised all due care but shall not be responsible should an estimate prove to be incorrect. The Buyer shall not make any claim and the Seller shall not be liable for any loss including consequential loss, expense or damages which may be sustained or incurred by the Buyer whether directly or indirectly attributable to an estimate proving to be incorrect.

9. INDEMNITY Subject to the provision of any applicable legislation which the Seller is not permitted by law to contract out of , the Seller shall not be liable or responsible for any loss, costs, damages or expenses whatsoever suffered or incurred directly by or arising from negligence or default of the Seller or any one or more of its officers, employees,servants or agents in the due performance of its obligations pursuant to any Contract of Sale, or any other circumstances and the Buyer shall keep the Seller indemnified against all such loss, costs, damages or expenses incurred by or made, brought instituted or awarded against the Seller in relation thereto.

10. DEFAULT The Buyer acknowledges that where the Seller has granted to the Buyer a Credit Account and the Conditions of Sale herein are not observed or performed at any time and from time to time, the Seller may:
a) demand payment for the goods on a cash on delivery basis; and / or
b) terminate any credit accommodation granted to the Buyer.

11. TERMINATION Notwithstanding Condition 11, the Seller may terminate any credit accommodation granted, to the Buyer by notice in writing to the Buyer at any time in its absolute unfettered discretion and upon receipt of the said notice all monies owning shall forthwith become due and payable and the Seller may demand and the Buyer shall pay
interest on all amounts outstanding at the rate of 20% per annum from the date of receipt by the Buyer of the said notice until the date that payment is actually received by the Seller.

Terms & Conditions

12. EVIDENCE The quantity and description, and place and date of delivery of the goods as indicated on the Seller’s invoice or delivery dockets or copies thereof shall be conclusive evidence of the quantity, description and place and date of the delivery of the goods.