In the following, “You” means the individual, partnership, or corporation to whom the goods and/or services may be supplied. ‘We,’ ‘our,’ and ‘us’ means Jaguar Roofing Services Pty Ltd. ABN 27 395 286 356
By ordering goods or services from us, you agree that: –
The Price will be current at the time of delivery including GST. We reserve the right to adjust the price if we incur extra costs due to but not limited to such things as: alteration of plan, no access to site for delivery, stricter health and safety requirements, etc.
We own the goods until they are paid for. Goods supplied to you remain our property until we receive full payment of all amounts you owe us. If your account is in default we have the right to enter your premises (or the premises of any associated company or agent) to retake possession of the goods, without liability for trespass or damage.
Colours and textures in products may vary. There is a natural variation in both clay fired products and coloured concrete tiles that can affect colour, texture, composition, glaze and other features. We do not warrant our clay products offered for sale will match any particular sample. We are not making a sale by sample. We make no other warranties or representations other than the guarantees given to us by the roof tile manufacturer.
Goods are at your risk from the moment of delivery.
To the fullest extent permitted by law, all terms, conditions and warranties, statutory or otherwise, not expressly provided in these terms of sale, are excluded.
To the extent that
- any term, condition or warranty not expressly provided in these terms of sale cannot be excluded due to the provisions of section 68A of the Trade Practices Act 1974 or any other statute, and we breach such terms, conditions, or warranty,
- you make a claim as provided below and we agree that the goods were damaged or defective At time of delivery
Our liability is limited to (at our option) replacing the goods or crediting you with the purchase price of the goods.
Delivery. We will deliver the goods to the delivery address shown on the order. We will unload the goods at the best possible location as determined by the transport company unless:
- You specifically ask us to unload the goods elsewhere, and
- You provide council approved crossings over kerb and footpaths, and
- The carrier is satisfied that access is safe and reasonable.
We may charge waiting time if the carrier is delayed at your site for more than one hour for reasons beyond the carrier’s control. If the carrier cannot identify the site because delivery address is inadequate, the goods will be returned to store and you will be charged cartage. You indemnify us and our carrier against any claim for damages resulting from entry of the carrier’s vehicle onto the delivery site.
Claims: Wewill consider a claim for credit if the claim relates to
- an error on our part in delivery or invoicing, or
- defects or damage affecting at least five percent by number of the goods delivered
- (Natural variation of fired clay products is not a defect)
The goods must not be removed from stacks after delivery other than to inspect them.
We are not liable for any loss or damage you suffer as a result of our failure or delay in performing the contract due to reason beyond our control. This includes but is not limited to any costs relating to scaffolding charges.