Terms & Conditions
Competition Terms and Conditions
Competition eligibility: This competition is open to Australian residents only. Winners must currently be on The English Tapware Company’s electronic mailing list at the time the prize is drawn and have subscribed to the mailing list between 12.01am AEST on the first day of the competition period and before the final cut-off time of 12pm AEST on the last day of the competition period.
Competition dates: Competition periods as follows with prize drawn on last day of the period. Competition dates may change with no prior notice.
Prize: AU$500 incl GST prize will be set up as store-credit in the winner's name and printed as a voucher and is non-transferable. The winner's email address, first and last name, address and phone number must be provided to be eligible. Vouchers are eligible for products available from The English Tapware Company only and cannot be redeemed for cash or services.
Number of entries: Entrants may enter using various email addresses. If an entrant with the same name has more than three (3) email addresses signed up, only three (3) entries will be included in the final draw.
Prize draw: Winners will be announced via email within 7 days of the prize being drawn at the completion of each competition period. Winners have a 3 month period to claim their prize from the date of the prize being drawn. Winners will be chosen at random. The judge’s decision is final. Store credit voucher expires after 24 months from date of issue.
Terms and Conditions of Trade
THE ENGLISH TAPWARE COMPANY LIMITED ABN 37 104 025 774
1. DEFINITIONS
In these terms and conditions:
2. APPLICATION
a) These Terms and Conditions of Trade apply to the sale of all Goods by the Company unless varied, amended or cancelled in writing by a duly authorised representative of the Company and by placing an order for Goods with the Company you are deemed to have accepted the terms and conditions contained herein.
b) The Company reserves the right to vary, add or substitute these Terms and Conditions of Trade from time to time and any such changes shall have effect from the date of publication by the Company.
3. TRADING TERMS
a) Unless the Company has agreed otherwise in writing, Payment shall be made prior to the delivery of the Goods to the Purchaser’s nominated delivery address;
b) Time specified for payment shall be an essential term of any Sales Contract;
c) Without in any way limiting the Company’s right to require payment in full on the relevant due date, the Company may at its sole discretion, charge interest on all amounts overdue from the due date until the date that payment is received at rate of 5% higher than the rate prescribed by the Penalty Interest Rate Act 1983 (Vic) calculated daily and compounded monthly;
d) The Purchaser may not withhold, make deductions from or set-off against Payments for any reason.
4. ORDERING
a) All orders for Goods made by the Purchaser must be in writing and must contain the following information:
i. the Purchaser’s name, postal address, and telephone number; ii. a contact name within the Purchaser’s organisation (and if relevant that person’s email address); iii. the desired delivery address and preferred delivery time; iv. a Purchase order number; v. the Products required (including Product code, Product description and quantity required); vi. the total Purchase Price of the order. If the price the Purchaser quotes varies from that quoted in the Company’s price list, the Company will notify the Purchaser before processing the Purchaser’s order;
b) Following receipt of the Purchaser’s order the Company may (at its discretion) provide the Purchaser with a written Sale Confirmation confirming the Purchaser’s order and the Purchase Price.
c) Only upon the Company forwarding the Purchaser a written Sale Confirmation will a binding Sale Contract exist between the parties.
d) Once a Sales Contract exists, orders may not be cancelled by the Purchaser except with the consent in writing of the Company and on the condition that the Purchaser will indemnify the Company against all losses resulting from such cancellation;
e) Any mistake on any price list, Sale Confirmation, Sales Invoice, Delivery Schedule or other document issued by the Company in relation to the Sale Contract shall not be binding on the Company and the Company may in its discretion issue such amended document as is required to rectify such mistake without any liability on the part of the Company. The Purchaser shall comply with the Company’s amended document.
5. PRICING
a) Prices payable by the Purchaser for Goods ordered shall be as detailed in the Company's price list current at the date of the Purchaser's order being communicated to the Company, unless the Purchaser's order is in acceptance of a specific written offer by the Company in which case the applicable price is that at which the Goods were offered;
b) Prices in the Company’s price list are subject to change without notice
c) If the Payment is in consideration for a Taxable Supply for which the Company is liable to remit GST, the Purchaser must pay to the Company an additional amount equal to the GST Rate concurrently with that Payment and the Company will provide the Purchaser with a Tax Invoice;
d) Prices include delivery to the Purchaser’s premises as nominated in the Sales Contract;
e) Recommended retail prices appearing in any price list are recommended prices only and there is no obligation to comply with such recommendations.
6. CRATING
Goods do not normally require crating and prices do not include crating. If requested, Goods will be crated and the costs incurred in crating, will be charged to the Purchaser’s account. No allowance will be made for return of crates or materials from which crates are manufactured.
7. DELIVERY
a) The Company will make every possible effort to deliver orders in the shortest possible time however the Company is not liable for failure to deliver or delay of delivery of any order. Delivery dates are an estimate given in good faith by the Company, but in no case shall be binding.
b) The choice of carrier and type of service for delivery will be made by the Company and the Goods may be delivered in one or more lots;
c) The Company will send the Purchaser a Delivery Schedule listing the Goods ready for delivery under a Sales Contract and obtain authorisation to deliver the consignment to the Purchaser’s delivery address. Where the Company has Goods ready to deliver in accordance with the Delivery Schedule for a Sales Contract but the Purchaser advises in writing it is not able to accept that delivery then the Company may invoice the Purchaser as if delivery had been effected in accordance with that Sales Contract. If the Purchaser neglects, fails or refuses to accept delivery of the Goods or any part thereof, the Company shall be entitled to present a Sales Invoice to the Purchaser for payment and at its option, to arrange suitable storage of such Goods at its premises or elsewhere and all costs of and incidental to such storage including , insurance, demurrage, handling and other charges shall, in addition to the Purchase Price, be paid by the Purchaser to the Company upon demand;
d) Delivery will be taken to have occurred when the Goods are handed to the Purchaser (or the Purchaser’s nominated carrier) or when the Goods are off-loaded at the Purchaser’s nominated delivery address (or placed into storage in accordance with sub-clause 8(d)).
8. ABILITY TO SUPPLY
a) Any delivery times notified to the Purchaser are estimates only. Every effort will be made to fulfil orders placed with the Company but if the Company’s failure to supply or the delay in delivery is caused by matters beyond the reasonable control of the Company (including, without limitation, inability to obtain necessary Goods from their manufacturer or transport facilities, acts of God, loss at sea, air-plane crash, acts of government, war or other hostility, national or international disaster, fire, explosion, power failure, equipment failure, strike or lockout, civil commotion, terrorism, law or provision having or purporting to have the effect of law and any other force majeure occurrence) it shall not be responsible to the Purchaser for any breach of its obligation to supply the Goods pursuant to an order that the Company has accepted;
b) The Company reserves the right;
i. to elect to extend the time for fulfilment of the order or compliance with any delivery or completion date; ii. with the Purchaser’s approval, to alter the specifications for the Goods so as to allow the substitution of equivalent Goods; or iii. to terminate the order without liability for breach of contract or for any antecedent breach;
c) In any event the Company will be entitled to full payment for all Goods which have been delivered. 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.
9. RISK AND RETENTION OF TITLE TO GOODS
a) Risk of damage to or loss or deterioration of any Goods shall pass to the Purchaser upon the delivery of the Goods to the Purchaser (as provided for in Clause 7). Title in the Goods shall only pass to the Purchaser when all monies owing to the Company on any account whatsoever have been fully paid by the Purchaser. Pending such payment, the Purchaser shall
i. hold the Goods on trust as fiduciary bailee and agent for the Company; ii. store the Goods separately from its own Goods and those of any other party and in a manner which clearly identifies the Goods, whether as separate chattels or as components, as the property of the Company; iii. treat the Goods with all proper care; iv. insure the Goods against all usual risks and ensure that the interest of the Company is noted with the insurer;
b) The Purchaser may resell the Goods prior to payment to the Company but only in the ordinary course of its business, provided the Purchaser is not otherwise in breach of the Sales Contract and that the proceeds of the sale are held on trust in a separate bank account for the Company and the Purchaser and identified as such in the books of the Purchaser. The Purchaser shall account to the Company for the proceeds of such sales. The Purchaser will ensure that as a condition of resale, conditions in respect of any passing of title noting and preserving the Company’s rights under these Terms and Conditions of Trade are included;
c) Any payment made by or on behalf of the Purchaser which is later avoided by the application of any Statutory provisions shall be deemed not to discharge the Company's title in the Goods nor the Purchaser’s indebtedness to the Company and in such an event, the parties are to be restored to the rights which each respectively would have had if the payment had not been made.
d) The Purchaser hereby irrevocably grants to the Company the right to enter the premises of the Purchaser or any premises used for storage by the Purchaser to reclaim Goods not paid for and at its sole discretion, to remove or repossess any Goods from the Purchaser and sell or dispose of them.
The Company shall not be liable for any loss occasioned thereby nor be liable to the Purchaser or any person claiming through the Purchaser and the Company shall be entitled to retain the proceeds of any Goods sold and apply same towards the Purchaser's indebtedness to the Company.
e) Notwithstanding the foregoing, the Purchaser shall be responsible for the Goods until payment in full is made to and received by the Company, and the Purchaser shall indemnify the Company for any damage, destruction, depreciation and diminution in value of the Goods during the period the Purchaser is responsible for the Goods.
f) These provisions apply despite any arrangement under which the Company provides credit to the Purchaser and these provisions will prevail to the extent of any inconsistency between these provisions and any other agreement or arrangement entered into by the Purchaser and the Company. In addition, the Company may recover the purchase price of the Goods sold to the Purchaser by legal proceedings and may file an application for the appointment of a liquidator to the Purchaser notwithstanding that property in the Goods has not passed to the Purchaser.
10. RETURNS AND CLAIMS
a) The Goods are supplied on a firm sale basis only, that is to say the Purchaser shall neither supply the Goods on an “approval basis” nor shall it accept returns of the Goods other than in accordance with these Terms and Conditions of Trade.
b) The Purchaser shall inspect all Goods immediately upon receipt of delivery. In the event of any shortage or damaged Goods, the Purchaser shall within three (3) business days of receipt of the Goods give notice in writing to the Company of;
i. the relevant Delivery Schedule and Sales Invoice numbers in respect of the Goods the subject of the proposed claim; ii. the date and place of delivery in respect of the Goods the subject of the proposed claim; and iii. the grounds upon which the Purchaser alleges that the Goods do not comply with the Sales Contract;
c) In the event that the Purchaser does not give written notice of any proposed claim within three (3) business days of receipt of delivery, the Goods shall be deemed to comply with the Sales Contract and the Purchaser shall be bound to accept the Goods in accordance with these Terms and Conditions of Trade;
d) In the event that any defect in the Goods is not apparent until after the Goods have been installed, the Purchaser shall give written notice of the alleged defect to the Company as soon as it becomes aware of that defect;
e) No Goods will be accepted for return unless agreed in writing by the Company prior to such return and then only upon conditions acceptable to the Company and at the Purchaser’s entire risk as to loss or damage and provided the Goods and their packaging are and remain in the same condition in which they were delivered. The Company reserves the right to inspect the Goods on site or to require the Purchaser to return the allegedly defective Goods to the Company and if the Company determines the Goods are defective, the Company will reimburse the Purchaser for the freight costs of returning the Goods.
11. EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
a) Except as expressly provided to the contrary in these Terms and Conditions of Trade, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise are excluded to the maximum extent permitted by law. The Company’s employees, servants and/or agents are not authorised to make any representations or warranties whatsoever concerning any Goods sold or to be sold by the Company unless expressly confirmed by the Company in writing.
b) Whilst the Company provides no warranties regarding the merchantability, fitness for purpose or quality of the Goods it will pass on to the Purchaser the benefit of any manufacturer’s warranty;
c) Any manufacturer’s warranty requires that the Goods are installed in accordance with relevant installation instructions and regulations by a registered tradesman and does not apply to any defects or other malfunctions caused to the Goods by accident, neglect, vandalism, misuse, alteration, modification, unusual physical or environmental stress or use in an application for which they were not intended or designed;
d) In entering into a Sales Contract, the Purchaser acknowledges that it does not rely on any representations, warranties other than those provided in these Terms and Conditions of Trade;
e) The Company 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, assembly, installation or operation of the Goods or arising out of the Company’s negligence or in any other way whatsoever.
f) The Company’s liability for a breach of any condition or warranty as implied by the Trade Practices Act 1974 is limited to one or more of the following as the Company decides:
i. the replacement of the Goods or the supply of equivalent Goods; ii. the repair of the Goods; or iii. the payment of the cost of replacing the Goods or acquiring equivalent Goods; or iv. the payment of the cost of having the Goods repaired.
12. PRODUCT SPECIFICATION
a) Due to a procedure of continual development by the manufacturers providing Goods to the Company, the Company reserves the right to withdraw or alter any product or specification without prior notification.
b) Any performance data provided by the Company from a manufacturer is an estimate only and should be construed accordingly.
13. DEFAULT
a) Should the Purchaser fail to make due payment for any Goods supplied by the Company or commit any breach of any term of the sale, or being a natural person commit an act of bankruptcy, or being a corporation by act or omission enable the appointment of an administrator, scheme manager, trustee, official manager, receiver, receiver and manager, liquidator or any other person authorised to enter into possession or assume control of any property of the Purchaser pursuant to a mortgage or other security, the Company may, without prejudice to any other rights it may have, do any or all of the following:
i. withdraw any credit facilities which may have been extended to the Purchaser and require immediate payment of all monies owing or accrued; ii. withhold any further deliveries of Goods or performance of services required under a Sales Contract and suspend and/or terminate performance of any other contracts which the Company has with the Purchaser ;
i. resell any goods not yet delivered to the Purchaser; ii. require the Purchaser to pay any costs of storage of the Goods; iii. require the Purchaser to deliver up any Goods already delivered to the Company and in the event that the Purchaser does not do so enter onto the Purchaser's premises at any time to do all things necessary in order to take possession of the Goods.
b) The Purchaser shall be liable for all costs of and associated with the exercise of the Company’s rights under this clause (including legal costs on a solicitor client basis), which shall be payable on demand.
14. CHANGE OF OWNERSHIP
a) The Purchaser must inform the Company in writing within 7 days of any change in its business or corporate structure including a change of ownership during the period of supply of the goods.
b) A Purchaser who has transferred ownership of its business to a new owner remains liable for outstanding invoices unless the new owner advises the Company in writing that it accepts liability for outstanding invoices.
15. NOTICES
Any notice required under these Terms and Conditions of Trade must be in writing and given by post, facsimile or hand to the Company at the Company’s registered office, or if to the Purchaser, at the address set out on an order, or at such other address or facsimile number as is notified in writing by one party to the other
16. ASSIGNMENT
The Company may assign all or any of its rights and obligations under these Terms and Conditions of Trade. The Purchaser may not assign all or any of its rights and obligations under these Terms and Conditions of Trade without the prior written consent of the Company.
17. SEVERENCE
Any provision in these Terms and Conditions of Trade which is invalid or unenforceable in any jurisdiction shall, as to such jurisdiction, be read down if possible, so as to be valid and enforceable or otherwise severed to the extent of the invalidity or unenforceability without invalidating the remaining provisions hereof or without affecting the validity or enforceability of such provision in any other jurisdiction.
18. SUCCESSION
These Terms and Conditions of Trade shall be binding on the heirs, successors and assigns of the parties hereto.
19. VARIATION AND WAIVER
No variation modification or waiver of any provision of these Terms and Conditions of Trade nor consent to any departure by any party therefrom will in any event be of any force or effect unless the same is confirmed in writing by an authorised representative of the Company.
20. ENTIRE AGREEMENT
These Terms and Conditions of Trade constitute the entire agreement between the parties with regard to the subject matter and shall take precedence over any other agreements, arrangements or understandings (whether written or oral) and in particular, any conditions contained in the Purchaser’s order which are inconsistent with, qualify or are contrary to these Terms and Conditions of Trade (unless accepted by an authorised representative of the Company in writing).
21. JURISDICTION
These Terms and Conditions of Trade shall be governed by and interpreted in accordance with the laws of the State of Victoria and the parties shall submit to the non-exclusive jurisdiction of the courts of the State of Victoria.
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