Eagles Plumbing Plus Terms and Conditions for Retail Customers.
Terms & Conditions of sale, hereby referred to as “Terms”.
In these Terms, the expressions “GST”, “input tax credit”, “tax invoice”, “recipient” and “taxable supply” have the meanings given to the expressions in the New Tax Systems (Goods and Services Tax) Act 1999.
- In Store: All prices quoted are subject to change without notice and all goods will be supplied at the prices current as at the delivery date from the Supplier to the Customer.
- In Store and Online: An order submitted by you is an offer by you to purchase the goods from Eagles Plumbing Plus for the price plus applicable delivery fee(s) as shown at the time of making your order. Eagles Plumbing Plus may accept or reject your offer in its discretion. Eagles Plumbing Plus reserves the right to order which might be necessary for a number of reasons, including but not limited to;
- a) Eagles Plumbing Plus are unable to obtain a sufficient supply of goods to satisfy your order ;
- b) Anything beyond Eagles Plumbing Plus’s reasonable control; and
- c) An honest mistake by Eagles Plumbing Plus showing the description or the price of goods online or in store which mistake was not discovered before your order was accepted.
- In Store: Customers may use any of the following payment methods in store:
- Credit card (Visa, Mastercard, Bankcard) – Must be presented to the store in person for processing
- Direct debit card (EFTPOS)
- Certified bank cheques (no other cheques are accepted)
- Online: Payments for trade account customers are as per the Terms and Conditions of sale for credit accounts.
- When placing an order online, full payment is required at order confirmation stage via eWAY Online Payment Gateway.
- Customers may use any of the following payment methods online:
- In Store: Customers may use any of the following payment methods in store:
- Prices are inclusive of GST.
- If GST is applicable on any supply made under or in accordance with these Terms, the recipient of the taxable supply must pay to the Supplier as amount equal to the GST payable on or for the taxable supply subject to the provision of a tax invoice.
- Description of Goods
- The customer acknowledges and accepts that Eagles Plumbing Plus shall accept no liability with respect to and in accordance with clauses 4.2 to 4.5.
- The descriptions, illustrations and performances contained in our products collection located in the Eagles Plumbing Plus’s website, catalogues, price lists and other advertisements are approximate only by way of general description.
- Goods are supplied in accordance with normal industry standards of manufacture and the Supplier will not be liable to the Customer in respect of goods which comply with these standards.
- It is the purchaser’s responsibility to check all products for colour match, type, condition and quantities upon receipt. Colour matching to a previous delivery, order or sample cannot be guaranteed.
- Product descriptions and images are as close as possible to the product on offer but may not be an exact representation due to limitations of actual viewing conditions, photographic techniques, printing techniques and image availability.
- Eagles Plumbing Plus offer an on-site delivery service and a delivery fee will apply for the delivery of all products. This fee is subject to change without notice and the amount of the fee is to be confirmed with your sales representative upon placing your order.
- Items considered by Eagles Plumbing Plus staff members to be heavy or bulky may require a second person to assist with delivery, at which point the customer can choose to provide someone who is physically willing and able to assist or pay a two-man delivery fee.
- Deliveries outside of the Eagles Plumbing Plus store’s jurisdiction are subject to the store manager’s discretion and may incur a higher fee, to be negotiated with the sales representative at the time of placing your order.
- Additional delivery fees shall be included in the invoice value and are payable prior to the delivery being made to the Customer.
- Customers must inspect all goods before signing for delivery as no claim for damage will be recognised if the goods have been signed for.
- Special Orders
- Eagles Plumbing Plus is happy to place a special order for non-stocked products for Customers.
- Extreme care should be taken selecting products for a special order.
- A minimum deposit of 33% of the value of goods is required at the time the order is placed except those customers who have a trading account with Eagles Plumbing Plus, Online Orders are to be paid in Full.
- Goods must be paid for in full when they arrive in store and must be collected within 14 days of our notification.
- Failure to pay for or collect the goods within 14 days of notification will result in the deposit being forfeited and resale of the goods.
- If the order is cancelled prior to the manufacturer’s delivery the deposit will be forfeited and the Customer may be liable for the full cost of the goods.
When ordering spas, customers will be asked to choose a pump position and confirm this via email before the order is placed with the manufacturer.
- Special orders may be returned in accordance with our returns policy in Section 7 below, however special orders will incur an additional 20% supplier restocking fee unless returned due to a manufacturer’s fault or defect.
- Made to order or custom and coloured vanities are non returnable – When ordering custom Vanities, customers will be asked to confirm all choices and confirm this via email before the order is placed with the manufacturer.
- Special Order Coloured tapware is non-returnable, so please choose carefully
- Orders placed with Eagles Plumbing Plus consisting of baths, shaving cabinets, mirrors and vanities must be inspected by the customer on delivery and sign the Confirmation Form as supplied by Eagles Plumbing Plus of acceptance that the goods have been received in good condition.
- Returns & Refund Policy
- Eagles Plumbing Plus will accept returns provided the goods are returned:
- With the original tax invoice
- Within 21 days of the original invoice date
- In original packaging
- Undamaged and in a saleable condition
- Providing the above requirements have been met, goods can be returned for either:
- Store credit for the same value of the goods supplied and delivered and may be subject to a restocking fee.
- Exchange for goods at the same price. Should the goods to be exchanged be of a greater value the customer shall pay the difference.
- Refund of the payment for the goods supplied and delivered.
- Refunds are normally processed within seven (7) business days.
- Products purchased online will be refunded via the same method of payment used to make the online purchase.
- Customers must pay any return freight or return Eagles Plumbing Plus delivery fees for any goods returned for credit, exchange or refund, unless returned due to a manufacturer’s fault or defect.
- Eagles Plumbing Plus reserves the right that any goods that have been installed are deemed to be non-returnable and cannot be returned for credit, exchange or refund, unless returned due to a manufacturer’s fault or defect.
- A fee of $3.30 including GST will apply to any goods returned for credit, exchange or refund, unless returned due to a manufacturer’s fault or defect.
- Special orders are subject to special conditions regarding returns, as set out above in Section 6.
- Eagles Plumbing Plus will accept returns provided the goods are returned:
- All goods are sold subject only to the manufacturer’s guarantees and warranties, if any, and all other implied conditions and warranties in relation to the supply of goods which may by law be excluded are excluded.
- The Supplier’s liabilities for a breach of a condition or warranty implied by Division 2 of Party 5 of The Trade Practices Act 1974 (other than Section 69) are limited to:
- In the case of goods any one or more of the following as nominated by the Supplier:
- the replacement of the goods or the supply of equivalent of goods.
- the payment of the cost of replacing the goods or acquiring equivalent goods.
- the payment of the cost of having the goods repaired;
- In the case of services either one of the following remedies as nominated by the creditor:
- the supplying of the services again or
- the payment of the cost of having the services supplied again
- The Supplier will not be liable for any consequential loss claimed by the Customer as a result of the supply of goods as a result of any breach of this agreement by the Supplier.
- The customer agrees that the Supplier is not liable for any advice or information provided by the Agents or Employees of the Supplier for any goods for a particular purpose and all such advice is at the Customer’s risk.
- In the case of goods any one or more of the following as nominated by the Supplier:
- Supplier Claims
- All claims made by the Customer against the Supplier must be made in writing within fourteen (14) days from the date of delivery.
- The supplier will not be under obligation to accept goods returned by the customer and will do so only on the terms to be agreed in writing in each case and in particular all goods.
- A handling/restocking fee will be determined by the Supplier and will be charged for all goods accepted by the Supplier for return. Fees will be deducted from the credit amount permissible.
- Until full payment for the goods has been made, the Customer acknowledges and agrees that the ownership of the goods shall remain with the Supplier.
- The customer acknowledges and accepts when confirming an order with Eagles Plumbing Plus either written or verbal, the customer hereby accepts the Terms and Conditions of Sale of Eagles Plumbing Plus.
Eagles Plumbing Plus Terms and Conditions for Trade Account Customers.
These conditions of sale (‘Conditions’) constitute a binding agreement between the Customer and W.Eagles Plumbing Supplies Pty Ltd and any associated entity that supplies goods to the Customer (‘Supplier’).
All goods and services purchased from the Supplier (‘Goods’) are sold subject to the following conditions which are deemed to be incorporated in any application for a trading account which has been accepted by the Supplier.
These Conditions will prevail over any conditions in the customer’s order or other correspondence (written or oral). These Conditions cannot be varied except with the prior written consent of the Supplier.
1. PRICES & ORDERS
1.1 All prices quoted in any written quote issued by the Supplier are quoted in accordance with the terms appearing on the written quotation.
1.2 The Customer may place an order with the Supplier at any time. However, no order is binding on the Supplier until accepted by the Supplier in writing. The Supplier may accept or reject an order at its discretion. These Conditions are incorporated into each and every order and all other transactions between the Supplier and Customer, except to the extent agreed between the parties in writing.
2. PAYMENT / ACCOUNT TERMS
2.1 Unless otherwise stated by the Supplier in writing, payment for Goods must be in cash on acceptance of an order by the Supplier.
2.2 If the Supplier has approved the Customer for credit, the Customer must pay for all goods by the end of the month that follows the month in which the relevant order is placed.. In the case of Customers approved for credit, if payment is not made by the due date, without limiting its other rights, the Supplier may at its discretion suspend or terminate the trading account and in all cases may suspend delivery of any further Goods.
2.3 The Supplier will be entitled to set off against any money owing to the Customer amounts owed to the Supplier by the Customer on any account whatsoever.
2.4 Without limiting the Supplier’s rights, if the Customer defaults in payment of any monies due to the Supplier:
(i) All monies owed by the Customer to the Supplier will become immediately due and payable;
(ii) The Supplier shall be entitled to charge an account keeping fee on all overdue amounts, being an amount equal to 1.33% per month of the amount overdue with a minimum fee of $5.00 per month; and
(iii) The Supplier may charge interest at the rate of 5% above the Reserve Bank of Australia cash rate on all amounts that are not paid by the Customer by the date required under these Conditions, until such amounts have been paid.
2.5 Any expenses incurred by the Supplier in recovering any outstanding monies from the Customer including but not limited to debt collection agency fees and solicitor’s costs or dishonored cheque fees will be paid by the Customer on presentation by an invoice from the Supplier.
2.6 For payments made to the Supplier other than by cash, cheque or electronic funds transfer, the Customer agrees to pay an administration fee as determined by the Supplier. The fee is to be paid at the time of payment.
2.7 Unless otherwise specifically agreed in writing by the Supplier, where any terms and conditions of the Customer’s order are inconsistent with these terms and conditions, then these terms and conditions will prevail. Any variations or additions to these terms and conditions not expressly agreed to in writing by the Supplier are expressly rejected by the Supplier
In this clause the expressions “GST” “ input tax credit “, “tax invoice”, “recipient” and “taxable supply” have the meanings given to the expressions in the New Tax Systems (Goods and Services Tax) Act 1999.
If GST is applicable on any supply made under or in accordance with these terms and conditions, the recipient of the taxable supply must pay to the supplier an amount equal to the GST payable on or for the taxable supply subject to the provision of a tax invoice.
4.1 Cartage will be charged on all deliveries in accordance with the Supplier’s current rates as at the time of delivery.
4.2 If the Supplier agrees to deliver the Goods, delivery will be deemed to be made at the time, date and place the Goods are unloaded by the carrier at the Customer’s nominated place. If the Customer organises its own delivery of the Goods, delivery is deemed to occur when the Goods are made available at the Supplier’s nominated address. The Supplier shall not be liable for any loss suffered by the Customer after delivery is deemed to have occurred.
4.3 Risk in the Goods passes to the Customer at the deemed delivery time.
4.4 Delivery times as quoted by the Supplier are approximate only and the Supplier shall not be liable to the Customer for any delay or failure to delivery of Goods whether or not outside the control of the Supplier.
The Supplier shall not be responsible for any loss or damage to Goods after delivery The Customer must arrange for adequate insurance to cover Goods in transit.
5. WARRANTIES AND LIABILITIES
5.1 The Customer may have the benefit of consumer guarantees under the Australian Consumer Law or other laws. Except for those guarantees that cannot be excluded, to the maximum extent permitted by law, all terms, conditions or warranties that apply and/or would be implied into these conditions or in connection with the supply of any goods by the Supplier under law, statute, custom or international convention are excluded,
5.2 To the extent that Goods supplied by the Supplier are not goods of a kind ordinarily acquired for personal, domestic or household use and the Customer is deemed to be a consumer for the purposes of section 64A of the Australian Consumer Law, the Customer agrees that the Supplier’s liability for a failure to comply with a consumer guarantee that the Customer may have a benefit under the Australian Consumer Law (other than a guarantee under ss 51 (title), 52 (undisturbed possession) and 53 (undisclosed securities)), is limited to, at the option of the Supplier, one or more of the following: (a) replacement of the goods or the supply of equivalent goods; (b) the repair of the goods; (c) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (d) equivalent goods; or (e) the payment of the cost of having the goods repaired.
5.3 To the maximum extent permitted by law and subject to clauses (a) and (b) above, the Supplier’s total liability arising out of or in connection with its performance of its obligations pursuant to these Conditions, or arising out of or in connection with the supply of Goods or (including pursuant to or for breach of these Conditions or repudiation thereof, under statute, in equity or for tort, including negligent acts or omissions) is limited as follows:
a) The Supplier shall have no liability for consequential, special or indirect loss or damage of any kind, including but not limited to loss of expected savings, loss of use, loss of opportunity, loss of profit, loss of revenue, increased financing costs or loss arising from delay;
b) The Supplier’s total aggregate liability for any loss, expense, costs or damage of any kind and however arising, shall not exceed the GST exclusive aggregate price paid by the Customer to the Supplier for the specific Goods that gave rise to the loss in question. The limitations and exclusions in this sub-clause (b) do not apply to the extent that any loss is directly attributable to:
(i) The personal injury or death caused by the Supplier’s default, breach of these Conditions or negligence; or
(ii) Fraud by the Supplier.
6. DESCRIPTION OF GOODS
All descriptions, illustrations and performances contained in catalogues, price lists and other advertisements are approximate only and by way of general description. Goods are supplied in accordance with normal industry standards of manufacture and subject to law the Supplier will not be liable to the Customer in respect of Goods which comply with these standards.
7. RETURNED GOODS / CLAIMS ON THE SUPPLIER
7.1 The Customer must give the Supplier written notice of any defective Goods within 14 days from which those Goods were delivered. Subject to law, the Supplier will not be required to accept any return of Goods outside that period.
7.2 A charge for handling fee will apply for Goods returned to the Supplier unless those goods are defective or the Customer is otherwise permitted to return them pursuant to law or these Conditions.
8.1 Until full payment for the goods has been made, the Customer acknowledges and agrees that :-
a) Title in and ownership of the Goods shall remain with the Supplier;
b) The Customer must store the Goods in a locked area, in accordance with the manufacturer’s directions for storage, ensure that the goods remain free from deterioration, loss or harm, label all Goods in such a manner so the Goods are clearly identifiable as the property of the Supplier and keep records of the location of the Goods (and produce such records to the Supplier on request);
c) The Customer shall comply with all reasonable demands of the Supplier concerning the manner and method by which the Goods are stored;
d) The Supplier may enter the Customer’s premises (or the premises of any associated company or agent where the goods are located) without liability for trespass or any resulting damage to inspect or retake possession of the Goods in accordance with these Conditions. If the Goods are located at the premises of an independent third party, the Customer must procure that third party to grant the Supplier access on the same terms as above;
e) The Customer may sell the goods in the ordinary course of business. However, if the Goods are resold by the Customer, the Customer will hold such part of the proceeds of the sale as represents the purchase price of the Goods sold on trust for the Supplier and in a separate identifiable account as the beneficial property of the Supplier and will pay such amount to the Supplier upon request; and
f) Not withstanding any provision of this clause, the Supplier will be entitled to maintain an action against the purchaser for the full purchase price.
9. IN CONSIDERATION OF THE SUPPLIER ACCEPTING THE CUSTOMER’S APPLICATION FOR A TRADING ACCOUNT:
9.1 The Customer (jointly and severally if more than one) hereby charges all of its legal and equitable interests in all personal and real estate wherever situated and whether now owned or acquired in the future for payment of all amounts owing from the Customer to the Supplier.
9.2 Without limiting the generality of the charge in clause in 9.1, the Customer, agrees, on request by the Supplier, to execute any documents and do all things reasonably required by the Supplier, (including if a beneficial owner, as beneficial owner under the Conveyancing Act 1919 (NSW) to perfect the charge given in clause 9.1, including registering a mortgage security over any real property. The Customer appoints the Supplier to be the Customer’s lawful attorney for the purposes of executing and registering such documents and taking all such steps in that regard. The Customer indemnifies the Supplier respect of all costs and expenses incurred by the Supplier in connection with the preparation and registration of any such steps needed to perfect the security or prepare or register the mortgage documents.
9.3 The Customer irrevocably and unconditionally consents to the Supplier lodging a caveat or caveats noting its interest in any real property charged pursuant to clause 9.1.
10. PERSONAL PROPERTY SECURITY ACT – 2009 (PPSA)
10.1 The Customer grants the Supplier:
a) A purchase money security interest (PMSI), as defined by section 14 of the PPSA, over the Goods supplied by it to the Customer now and into the future under these conditions, as amended from time to time, to secure payment of the purchase price of those Goods; and
b) A security interest over all Goods supplied by it to the Customer, to secure payment of all monies the Customer is or may be required to pay to the Supplier under these Conditions.
10.2 The Customer agrees to do all things necessary and execute all documents required by the Supplier to register and perfect the security interests granted by the Customer under these Conditions.
10.3 The Customer must grant to any third party a security interest in any Goods whilst they remain the property of the Supplier.
10.4 The Customer must, upon demand, pay all of the Supplier’s expenses and legal costs (on a solicitor/agent/client basis) in relation to or in connection with:
a) The registration of the PMSI or any other security interest and all other costs associated with protection and enforcement of the PMSI or any other security interest created by these Conditions;
b) Undertaking an audit under the provisions of the PPSA, or the repossession of the Goods the subject of this Agreement;
c) The exercise, enforcement or preservation of any right or interest under these Conditions or any contract that the Supplier has with the Customer.
10.5 The PMSI granted above does not lose its priority as a result of the renewal, refinance, consolidation or restructure of the subject matter of this Agreement and any purchase money obligations.
10.6 Until title in the Goods passes to the Customer, the Customer waives all of its rights under the PPSA (to the extent that it is permitted by law to do so).
10.7 To the extent permitted by the PPSA, this Agreement excludes any provisions of the PPSA which may be excluded in the Supplier’s discretion and which would otherwise confer rights on the Customer.
10.8 The Customer further agrees that where the Supplier has rights in addition to those under Part 4 of the PPSA, those rights shall continue to apply.
10.9 The Customer’s right to possession of Goods still owned by the Supplier under these Conditions shall cease if:
a) The Customer is commits or subject to an Insolvency Event (as defined below);
b) The Supplier does not receive payment for the Goods in accordance with these Conditions;
c) The Customer fails to comply with any demand for payment issued by the Supplier; or
d) The Customer is in breach of these Conditions and/or is in default of any other agreement between the Supplier and the Customer.
10.10 The Customer agrees that until title to the Goods passes to the Customer, the Supplier is entitled to enter any premises where the Goods are located, repossess and sell such Goods. The Customer agrees to indemnify and keep the Supplier indemnified in respect of any claims, actions and costs that may arise against the Supplier in relation to the removal, repossession and sale of the Goods pursuant to this Agreement, including any claims brought by third parties.
10.11 The Customer agrees that repossession and retention of the Goods pursuant to the PPSA will only satisfy so much of the monies which may become payable to the Supplier by the Customer, as is equivalent to the Supplier’s estimation of the market value of the product as it is at the date of repossession and the repossession and retention will immediately extinguish any rights or interest the Customer may have in the Goods
10.12 Until title in all Goods pass to the Customer, the Customer must not give the Supplier a written demand or allow any other person to give the Supplier a written demand requiring the Supplier to register a financing change statement under the PPSA or enter into or allow any other person to enter into the personal property securities register a financing change statement under the PPSA.
10.13 The Customer agrees not to change its or their name or undertake any changes to any documents that the Supplier has registered, require to be registered or is capable of being registered without our prior written consent.
10.14 Neither party need give any notice under the PPSA (including a notice of a verification statement) unless the notice is required by the PPSA and cannot be excluded.
11. CUSTOMER’S INSOLVENCY
11.1 Without limiting the Supplier’s other rights, if the Customer permits or suffers an Insolvency Event, or the Supplier has reasonable grounds to believe that the Customer will imminently permit or suffer an Insolvency Event:
(a) The Supplier will not be obliged to accept, fulfill or complete any order, or provide any further Goods to the Customer; and
(b) The Supplier may serve an acceleration notice in which case all credit facilities immediately end and the Customer must immediately pay all moneys to the Supplier that remain unpaid.
11.2 In these Conditions, Insolvency Event means, in relation to the Customer:
a) A step is taken (including without limitation a resolution is passed or an applications is made) which results or may result in the winding up, dissolution or deregistration of the Customer or the appointment of a liquidator, provisional liquidator, administrator, receiver, receiver and manager or other insolvency official to the Customer or to the whole or a substantial part of the property or assets of the Customer;
b) The entry by the Customer into a compromise or arrangement with its creditors generally;
c) The Customer is or becomes unable to pay its debts when they fall due, suspends or threatens to suspend payment of its debts generally;
d) The holder of a security interest (including the Supplier) takes possession of any property that had been in the Customer’s property (whether or not the Customer had title to such property); or
e) The occurrence of any event which is analogous or has a similar effect to any of the above in the jurisdiction relevant to the Customer.
12.1 These Conditions are governed by and construed in accordance the law of New South Wales and the parties submit to the non-exclusive jurisdiction of the courts of that State.
12.2 The Supplier may assign its rights under these Conditions by providing written notice to the Customer.
12.3 The Customer must not assign its rights under these Conditions without the Supplier’s prior written consent.
13. CUSTOMER WARRANTIES
13.1 The Customer warrants that:
a) it has received, or had the opportunity to receive, independent legal, accounting and business advice in relation to the credit application form (if applicable) and these Conditions;
b) it has read and fully understands the terms and conditions of the credit application form (if applicable) and these Conditions;
c) the information disclosed to the Supplier is true and correct, does not omit any material information and is sufficient for the Supplier to make an informed decision as to whether to grant the Customer credit and/or supply Goods to the Customer.