Terms & Conditions




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1. Definitions


1.1 "Company" means Champion Materials Ltd, its successors and assigns, or any person acting on behalf of, and with the authority of, Champioon Materials Ltd.
1.2 "Customer" means the person/s purchasing the Goods as specified in any invoice, document or order, and if there is more than one Customer is a reference to each Customer jointly and severally.
1.3 "Goods" means all Goods or Services supplied by the Company to the Customer at the Customer's request from time to time (where the context so permits the terms 'Goods' or 'Services' shall be interchangeable for the other).
1.4 "Price" means the Price payable for the Goods as agreed between the Company and the Customer in accordance with clause 4 below.
1.5 "GST" goods and services tax pursuant to the Goods and Services Tax Act 1985, or any similar or replacement legislation.


2. Acceptance


2.1 The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order for Goods, or accepts Delivery.
2.2 These terms and conditions may only be amended with the Company's consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Customer and the Company.
2.3 Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 22 of the Electronic Transactions Act 2002 or any other applicable provisions of that Act or any Regulations referred to in that Act.


3. Change in Control


3.1 The Customer shall give the Company not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer and/or any other change in the Customer's details (including but not limited to, changes in the Customer's name, address, contact phone or fax number/s, or business practice). The Customer shall be liable for any loss incurred by the Company as a result of the Customer's failure to comply with this clause.


4. Price & Payment


4.1 At the Company's sole discretiondiscretion, the Price shall be either:
(a) as indicated on any invoice provided by the Company to the Customer; or
(b) the Price as at the date of Delivery, according to the Company's current price list; or
(c) the Company's quoted price (subject to clause 4.2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.
4.2 The Company reserves the right to change the Price:
(a) if a variation to the Goods which are to be supplied is requested (including any applicable plans or specifications); or
(b) in the event of increases to the Company in the cost of labour or materials, or fluctuations in currency exchange rates, which are beyond the Company's control.
4.3 At the Company's sole discretion, a non-refundable deposit may be required.
4.4 Time for payment for the Goods being of the essence, the Price will be payable by the Customer on the date/s determined by the Company, which may be:
(a) on, or before, Delivery; or
(b) by way of instalments, in accordance with the Company's payment schedule;
(c) due twenty (20) days following the end of the month in which a statement is posted to the Customer's address or address for notices;
(d) the date specified on any invoice or other form as being the date for payment; or
(e) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Customer by the Company.
4.5 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking or by any other method as agreed to between the Customer and the Company.
4.6 Unless otherwise stated the Price does not include GST. In addition to the Price the Customer must pay to the Company an amount equal to any GST the Company must pay for any supply by the Company under this contract, or any other agreement, for the sale of the Goods. The Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Customer pays the Price. In additionaddition, the Customer must pay any other taxes and duties that may be applicable in addition to the Price, except where they are expressly included in the Price.


5. Delivery


5.1 Delivery of the Goods ("Delivery") is taken to occur at the time that:
(a) the Customer (or the Customer's nominated carrier) takes possession of the Goods at the Company's address; or
(b) the Company (or the Company's nominated carrier) delivers the Goods to the Customer's nominated address, even if the Customer is not present at the address.
5.2 At the Company's sole discretion, the cost of Delivery is either included in, or in addition to, the Price.
5.3 The Customer must take Delivery, by receipt or collection of the Goods, whenever they are tendered for Delivery. In the event that the Customer is unable to take Delivery, as arranged, then the Company shall be entitled to charge a reasonable fee for redelivery and/or storage.
5.4 The Company may deliver the Goods in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.
5.5 Any time or date given by the Company to the Customer is an estimate only. The Customer must still accept Delivery, even if late, and the Company will not be liable for any loss or damage incurred by the Customer as a result of Delivery being late.


6. Risk


6.1 Risk of damage to or loss of the Goods passes to the Customer on Delivery and the Customer must insure the Goods on, or before, Delivery.
6.2 If any of the Goods are damaged or destroyed following Delivery, but prior to ownership passing to the Customer, the Company is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Company is sufficient evidence of the Company's rights to receive the insurance proceeds without the need for any person dealing with the Company to make further enquiries.
6.3 If the Customer requests the Company to leave Goods outside the Company's premises for collection, or to deliver the Goods to an unattended address, then such Goods shall be left at the Customer's sole risk.
6.4 The Customer acknowledges that variations of colour, shade and grain are inherent in all kiln fired products and natural stone. While every effort will be taken by the Company to match colour, shade or grain of product, the Company shall not be liable for any loss, damages or costs howsoever arising resulting from any variation in colour, shading or grain between batches or sale samples and the Goods supplied.
6.5 The Company gives no guarantee (expressed or implied) against crazing, cracking, chipping or scratching that may occur that is beyond the Company's control due to the nature of the product at the time of installation, therefore it is recommended that the Customer allows for extra quantities for such breakages.
6.6 The Customer acknowledges that it is the Customer's responsibility to check quantities, with an on-site measurement before commencing fixing. Measurements taken off plans or the Customer's figures by the Company are approximate only and no responsibility is taken for their accuracy.
6.7 If the Customer orders an insufficient number of tiles, then the Company will take no responsibility for any variation of colour in further batches supplied to the Customer, or the inability to supply the Goods at all.
6.8 The Company will accept no responsibility for Goods that have already been affixed.


7. Title


7.1 The Company and the Customer agree that ownership of the Goods shall not pass until:
(a) the Customer has paid the Company all amounts owing to the Company; and
(b) the Customer has met all of its other obligations to the Company.
7.2 Receipt by the Company of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised, and until then the Company's rights and ownership in relation to the Goods, and this contract, shall continue.
7.3 It is further agreed that, until ownership of the Goods passes to the Customer in accordance with clause 7.1:
(a) the Customer is only a bailee of the Goods and must return the Goods to the Company on request; and
(b) the Customer holds the benefit of the Customer's insurance of the Goods on trust for the Company and must pay to the Company the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed; and
(c) the Customer must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Customer sells, disposes or parts with possession of the Goods then the Customer must hold the proceeds of any such act on trust for the Company and must pay or deliver the proceeds to the Company on demand; and
(d) the Customer should not convert or process the Goods or intermix them with other goods but if the Customer does so then the Customer holds the resulting product on trust for the benefit of the Company and must sell, dispose of or return the resulting product to the Company as it so directs; and
(e) the Customer irrevocably authorises the Company to enter any premises where the Company believes the Goods are kept and recover possession of the Goods; and
(f) the Company may recover possession of any Goods in transit, whether or not Delivery has occurred; and
(g) the Customer shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of the Company; and
(h) the Company may commence proceedings to recover the Price, notwithstanding that ownership of the Goods has not passed to the Customer.


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