Mat World Trading Terms and Conditions
Credit: The extension of credit is solely at our discretion. We require our Credit Application Form to be completed. The Terms and Conditions indicated on that form as well as the following Terms and Conditions apply to all credit transactions.
Payment: (a) Our terms of trading are strictly nett. Where a Credit Account is established payment is to be made within 30 days of the end of the month following the date of invoice. (b) Should payment not be made by the due date the customer will pay all costs and expenses including legal costs and mercantile agents fees which may be incurred in attempting to recover overdue amounts. In such an event all monies owing, whether overdue or not, become due immediately. (c) A charge of $40 will be made to cover the cost of any customer’s cheques dishonoured or not accepted by the customer’s bank. (d) Credit card purchases are subject to a 3% surcharge.
Prices and Delivery: (a) Our prices are subject to change without notice. (b) Goods will be invoiced at prices current at the date of despatch. (c) Whilst all reasonable effort will be made by us to comply with a customer’s particular delivery requirements and order specifications, orders may not be canceled by a customer in part or totally, if such requirements or specifications are not met. (d) A customer will not be entitled to compensation for our failure to comply with the customer’s delivery requirements or for small variations in the goods supplied resulting from changes in manufacture. (e) Pall Mall shall not be liable to the customer or any person claiming in respect of any direct, indirect or consequential loss, damage, expense or injury suffered by the customer or any other person arising out of or relating to the performance, non-performance, negligence or wilful default of Pall Mall or any error (whether negligent or not) in any information supplied to the customer or as a result of any agreed or stated delivery period. Any agreed or stated delivery period is only an indication of the anticipated period for delivery and any such agreement or statement does not make time of the essence of any agreement. (f) Pall Mall accepts responsibility for damaged goods in transit only where Pall Mall is responsible for the selection, appointment of and the payment to the cartage contractor and only up to the time of delivery to the customer’s requested delivery address.
Goods & Services Tax: Unless otherwise stated all prices quoted are exclusive of Goods and Services Tax. Goods & Services Tax will be charged at the rate prevailing at date of delivery and must be paid to us by the Purchaser.
Title: (a) By accepting delivery a customer acknowledges that ownership of delivered goods only transfers to the customer when all amounts owing to us by the customer for those goods are paid to us in full. (b) We have the right, until such payment is made in full, to recover the goods. The customer acknowledges our right or the right of our employees or agents duly authorised by us, to enter the customer’s premises and the customer will be obliged to deliver up the goods if and when requested. (c) While the customer has the right to sell the goods to a third party in the normal course of the customer’s trading, the customer agrees that the goods are held in good faith on our behalf until such time as ownership passes as a result of payment in full as described in 5 (a) above. Should the customer be placed under administration or in liquidation or should the customer cease trading for any reason, from the instant of any of these occurrences, no goods subject to this clause may be sold or in any way alienated by the customer or any party to any of these occurrences except with our express written permission.
Stopping Supply: The acceptance by us of an order does not negate our right to withhold supply (a) because we decide, at our discretion, to cease extending credit, whether permanently or temporarily (b) because we have insufficient stock available at the time of placing of the order (c) because we no longer stock the goods ordered for whatever reason we, at our discretion, may determine (d) for any other reason that we, at our discretion, may determine.
Goods Return: (a) Goods may not be returned unless authorised in writing by an officer of the company. Should such authorisation not be obtained we reserve the right to return the goods to the customer at the customer’s expense. (b) Goods returned may be credited or replaced at our discretion. (c) Goods returned will be accepted only if they are in ‘as new’ condition and in their original packaging. (d) Goods returned as faulty or if incorrectly supplied (provided responsibility for incorrect supply can be shown to our satisfaction to be ours) may only be returned by a carrier nominated by us at a rate stipulated by us. Should a carrier be used contrary to this condition and should the rate be in excess of that which is usual to us, the difference between our usual rate and the rate charged shall be paid by the customer. (e) Goods returned for any other reason may only be returned, where authorised by us, if all charges and costs relating to the return are paid by the customer. (f) Delivery of returned goods will be considered to have been effected only if there is proof of delivery by way of an identifiable signature of an officer of our company on a document which identifies the returned goods. (g) A handling charge of 20% will be applied whatever the circumstances to any goods returned which have been held by a customer longer than one year. The handling charge will be based on the price current as at the date of such return. (h) Should the customer return goods deemed by us not to be faulty or incorrectly supplied as a result of our error, a handling charge of 20% may be applied even if the goods were held by the customer for less than one year. (i) Orders for custom made mats once placed may not be cancelled and will not be exchanged. (j) Where a customer requests the size of purchased pads to be reduced, the pads must be returned for cutting to our Sydney facility at the customer’s freight cost in both directions. In addition, there will be a charge of $1.00 per pad. Such requests are subject to acceptance by us at our discretion.
Mat Manufacture: (a) No responsibility can be taken for recesses that are not square or for measurements provided to us (b) Depending on the size of the mat(s) it may be necessary to seam (join) mat sections, such joins are made as invisible as possible but can not be guaranteed to be fully invisible. Seaming joints will be at our discretion. (c) Colour matching can not be guaranteed. Colour shades may vary from batch to batch. (d) All custom mat sizes quoted and manufactured are approximate.
Delivery Terms: (a) Orders will be executed by us Free In-to Store in certain areas (the boundaries of which will be at our discretion) subject to minimum order values. The order values will be determined as nett figures after any discounts that may apply and exclusive of GST. Failure to order the minimum value will result in a surcharge to cover extra costs incurred. (b) In some areas there will be no minimum order values but, irrespective of the order value, there will be a set surcharge applying to all orders. (c) In all other areas, orders are sold ex our warehouses in Sydney, Melbourne, Brisbane, Perth or Adelaide. (d) For details of areas, minimum order values and surcharges see Appendix A on page 20 of the Price List.
Order Size: We reserve the right to stipulate minimum order sizes or minimum quantities of any item(s) sold.
Claims: All claims for short delivery must be made within 7 days of delivery.
Use of Customer’s Email Address: The inclusion of the e-mail address on the Credit Application Form or when offered by a customer in response to a request for such an address by us, gives implicit authorisation for it to be used as a means of communication between the two companies both for administrative and for marketing functions.
Trade Marks & Intellectual Property: The purchaser acknowledges that the company has a proprietary interest in its trade marks, trade names and intellectual property which remains the sole property of the company and may be used only in conjunction with the products of the company except with prior written permission of the company.
Jurisdiction: Any legal proceedings fall under the jurisdiction of the Courts of NSW. Trading is subject to the laws of NSW.