TERMS AND CONDITION OF SALE

Direct2U Building Supplies and the customer, unless otherwise agreed in writing, agree to these Terms as part of any contract (‘the Contract’) between Direct2U Building Supplies and the customer for the supply of Goods or Services by Direct2U Building Supplies.     

 

1.  Definitions

In these Terms unless the contrary intention appears:

1.1.     ‘Australian Consumer Law’ means the Australian Consumer Law contained in the Schedule 2 to the Competition and Consumer Act 2010 (c’th);

1.2.     ‘Direct2U Building Supplies’ or ‘D2U’ means business title and any and all of its “Related Bodies Corporate” and/or “Associated Entities” as such terms are defined in the Corporations Act 2001 (C’th);

1.3.     ‘Customer’ means the party or parties entering into the contract with Direct2U Building Supplies;

1.4.     ‘Goods’ means any product supplied by Direct2U Building Supplies including tapware, accessories, sanitary ware,  basins, baths, associated plumbing fixtures,  flooring and joinery.

1.5.     ‘Terms’ means these terms and conditions.

 

2.  Contract

2.1.    The Contract and these Terms constitute the entire agreement between Direct2U Building Supplies and the Customer.  All prior negotiations, understanding, arrangements and agreements (whether oral and/or in writing) are superseded by the Contract and these Terms.

2.2.    The Contract and these Terms will in all circumstances prevail over the Customer’s terms and conditions (if any), unless Direct2U Building Supplies agrees in writing to be bound by the Customer’s terms and conditions or any of them.

2.3.    To the extent that there is any inconsistency between the Contract and these Terms, these terms prevail unless and to the extent only that Direct2U Building Supplies otherwise agrees in writing.

 

3.  Prices

3.1.     The price for the supply of Goods will be specified in the invoice or account issued by Direct2U Building Supplies to the Customer.

3.2.     Prices may be subject to an adjustment for any increases by the manufacturer or supplier at the date of dispatch.

3.3.     Prices may be subject to an adjustment if the price increase results from the introduction of any legislation, regulation or government policy (federal and state);  or varying rates of exchange, customs or other duties; or for any other reason which may cause an adjustment for increase in price. Notification to the customer of any variance will be given by Direct2U Building Supplies for the customer's approval prior to the dispatch of any goods.

3.4.     Unless otherwise stated the price for the Goods agreed in the Contract and any other amount payable under the Contract or these Terms shall be inclusive of any tax payable pursuant to A New Tax System (Goods and Services Tax) Act 1999 (C’th) (‘GST’) and the Customer will be required to pay Direct2U Building Supplies an amount equal to the GST, which will be included in the invoice or accounted issued.

 

4.  Delivery

4.1.     The Customer will, unless Direct2U Building Supplies and the Customer otherwise agree, bear the cost of delivery of the Goods.

4.2.     Direct2U Building Supplies will make all reasonable efforts to have Goods delivered to the Customer by the date agreed between parties, but Direct2U Building Supplies will not be liable for:

4.2.1.   any failure to deliver, or delay in delivery of Goods;

4.2.2.   any damage or loss due to unloading or packaging of Goods; and

4.2.3.   any damage to property caused upon entering premises to deliver the Goods.

4.3.     Customer must provide a delivery address when placing an order and this address must be attended during the hours of 9:00am to 5:00pm, Monday through Friday.  No liability will be accepted by Direct2U Building Supplies if Goods are claimed to be missing or damaged when the Goods are delivered between these hours and there is no-one authorised to accept delivery. 

4.4.     Maximum waiting time on site for unloading to begin is fifteen (15) minutes. Undue waiting time attracts a charge of $70.00 per hour or part thereof. This cost will be automatically charged and debited.

4.5.     Upon delivery or collection and prior to laying, installation or use of any Goods, the Customer will inspect the Goods as appropriate as to the type, quantity, quality, appearance, shade, colour, layout patterns, suitability of purpose and any other characteristics of the Goods.

4.6.     If any Goods are damaged, wrongly supplied or not in accordance with the Contract, the Customer may return those Goods in accordance with the Returns Policy.

4.7.     The Customer will be deemed to have accepted the delivery of the Goods in the following events:

4.7.1.  Failure by the Customer to return Goods in accordance with the Returns Policy; or

4.7.2.  Laying, installing or use of the Goods in any way by the Customer.

4.8.     The Customer will indemnify Direct2U Building Supplies against any losses, costs or expenses incurred by Direct2U Building Supplies due to any failure by the Customer to accept the Goods at the time of delivery or collection.

4.9.     Notification is required no later than midday the day before delivery of any changes to site conditions, or delivery address. A late notification fee may apply if insufficient notice is provided.

4.10. In the event of bad weather prior to the expected delivery date where you feel a driver will unable to successfully delivery any order, you should contact us as Direct2U Building Supplies to suspend the delivery as soon as possible.

 

5.  Characteristics of Goods

5.1.     The information, images, colours, sizes and specifications displayed on Direct2U website or materials are as provided by the product manufacturers, suppliers or their appointed agents and is as close as accurate as possible.

5.2.     It is the responsibility of the buyer to check and have confirmed details of a critical nature with Direct2U Building Supplies prior to the submission of payment when ordering goods.

5.3.     The seller, Direct2U Building Supplies, will not be held responsible for any errors or omissions in the information, images, colours, sizes and specifications displayed.

5.4.     The Customer acknowledges that there may be variances in natural and engineered products including, but not limited to:

5.4.1.  Spots, specks, blemishes;

5.4.2.  Variations in colour, shade, pattern, veining, marking, textures, surface and finish, and may fade or change over time.

5.5.     The Customer acknowledges that Goods which contain, display or are subject to any one or more of the characteristics referred to in Clause 5.4 are not defective or of unacceptable quality.

 

6.  Terms of payment

6.1.     Payment is to be made in full on placement of order unless agreed otherwise. Payment shall be made within the agreed terms or an accommodation fee of 1.5% per month (compoundable) will be attracted to any outstanding amounts owed as from date of incurred purchase. All cheques not honored will attract a $50.00 administration fee.

6.2.     In the event of legal action eventuating, all legal fees incurred by Direct2U Building Supplies during the process of legal action in recovery of the unpaid amount shall be borne by the buyer in default. Legal fees include any costs and commissions payable to any recovery or commercial agent and all other expenses incurred by Direct2U Building Supplies in the recovery of the amount due.

 

7.   Amendments To Orders

7.1.     Orders cannot be amended once payment has been submitted.

 

8.  Cancellation Of Orders

8.1.     Orders cannot be cancelled except with written consent granted by Direct2U Building Supplies and upon terms that will indemnify Direct2U Building Supplies against all losses.

8.2.     Non stock goods or materials ordered in error or excess cannot be returned to Direct2U Building Supplies for credit or exchange except by special arrangement.

8.3.     No refunds of payments made towards a cancelled order will be given - a credit for the value of the cancelled order less administration costs of 20% will be held for the customer that can be used towards the purchasing of other goods / services.

8.4.     Orders or balances of orders may be cancelled at the option of Direct2U Building Supplies in the event of any failure by the buyer to abide by the terms of contract.

 

9.  Returns

9.1.     The Customer may return the Goods to Direct2U Building Supplies provided that they are damaged, wrongly supplied, defective or not in accordance with the Contract, and must adhere to the following:

9.2.     The Goods are returned within one month of the date of delivery.

9.3.     The invoice or account number is provided in respect of the Goods being returned.

9.4.     The Goods are returned in the original state or condition in which they were supplied, and remain in original boxes together with packaging and instruction material.

9.5.     Goods not in accordance with clause 9.1 can only be returned at the discretion of Direct2U Building Supplies and will be subject to a handling charge of 20% of the value of goods plus the manufacturer or licensed agent's fees and must be accompanied with relevant proof of purchase documentation.

9.6.     Any costs incurred to return goods to the place of despatch are at the buyer's expense.

9.7.     "Made to order" goods and non-stock items which are accepted by the buyer in good order and condition are non-returnable.

9.8.     Direct2U Building Supplies reserves the right to decline any return of goods. No refunds will be given - goods can only be exchanged for other goods to the equivalent value less any costs.

 

10.   Amendments To These Terms and Conditions

10.1. Direct2U Building Supplies reserves the right to alter or change these terms at any time and without notice.

10.2. Any transactions with Direct2U Building Supplies will be done as per these trading terms and conditions at the time of the applicable transaction(s) - It is recommended you print these terms and conditions at the time of payment for any enquiries made.

All images & prices are representative only. All prices include GST & are subject to change.
All sales are as per our Terms & Conditions. Copyright © 2018.