Terms & Condition Of Sale
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1. Variations in the Characteristics of the Goods
1.1. The Customer acknowledges and agrees that the goods sold by the Company may be subject to one or more of the following characteristics and will not be considered faulty, defective or of unacceptable quality due to the existence of such characteristics:
(a) crazing, or shade variations, which are an inherent feature of all kiln fired ceramics and natural stone;
(b) optical hazing or smudging which are naturally occurring characteristic of polished porcelain goods;
(c) reasonable variations in colour & veining in marble and granite goods, as these are natural goods and such variations must be expected;
(d) variations in sizing, weight, colour (including changes to colour over time), pattern, veining, texture, durability, density, surface and finish.
1.2. Sydney Home Centre makes every effort to display the colours of the goods as accurately as possible on all its marketing materials, including its website, instore materials and other electronic materials, however Sydney Home Centre cannot guarantee an exact colour match of the on-screen colour to the colours of the actual goods, and the colours contained on such materials should not be relied on by the Customer.
1.3. For all tiles, the Customer should inspect all goods prior to laying to ensure they are the correct colour and batch/shade.
1.4. For all Goods, the Customer should inspect all goods prior to laying to ensure they are the correct item, colour and brand.
2.1. The Company provides no guarantees other than those set out in these Terms & Conditions of Sale and those required by law. All terms, which would otherwise be implied by law or otherwise, are excluded except as stated in these Terms & Conditions of Sale.
2.2. Since the use of our goods is beyond the control of either the seller or the manufacturer, the Company’s only obligation shall be to replace any quantity of product which is proven defective. They cannot assume any risk or liability for results obtained, nor can they accept liability for damages in excess of the purchase price of the product itself, which does not include labour or any consequential damages resulting from the use of our goods. Determining the suitability of our goods for any intended use shall be solely the responsibility of the user.
3. Limitation of Liability & Indemnity
3.1. To the fullest extent permitted by the Australian Consumer Law (“ACL”), the Company’s liability shall be limited to the following:
(a) the 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) the payment of the cost of having the goods repaired.
3.2. Except as expressly provided in Clause 3.1 and to the fullest extent permitted by law, the Company shall not be liable to the Customer for:
(a) any claim made after the goods have been fixed, installed or used in any other way;
(b) any claim made with respect to any variations of the characteristics of the goods as referred to in clause 1 above; and
(c) any indirect, special or consequential loss or damage of any nature whatsoever resulting from or caused in any way by the goods.
3.3. Any claims arising from transit damage to goods must be notified to us by the Customer within 2 (two) days of receiving the goods.
3.4. The Customer hereby indemnifies and holds the Company, its Directors, officers, agents, employees, contractors and representatives (“Indemnified Parties”) forever harmless from and against all liabilities, losses, damages, costs, expenses incurred or suffered by the Indemnified Parties and any actions, proceedings, claims or demands against the Indemnified Parties, and from and against all actions, proceedings, claims or demands made against the Indemnified Parties, arising from the Customer’s failure to comply with any laws, rules, standards, regulations or instructions applicable in relation to the goods and/or any negligence or breach of duty by the Customer in relations to the goods.
4.1. These Terms & Conditions constitute the entire agreement between the Parties in respect of the matters dealt with in these Terms and supersedes all prior agreements, understandings and negotiations in respect of the matters dealt with in these Terms & Conditions.
4.2. Nothing in these Terms & Conditions shall make any Party the employee, partner, agent, legal representative, trustee or joint venture of the other, for any purpose whatsoever.
4.3. These Terms & Conditions are governed by the laws of the State of New South Wales. Each Party submits to the exclusive jurisdiction of the courts of that State.
4.4. Any provision of these Terms & Conditions that is found to be invalid, unenforceable or illegal shall be excluded from these Terms & Conditions only to the extent necessary to avoid that effect. All other provisions of the Terms & Conditions shall remain valid and enforceable.
4.5. These Terms & Conditions are legally binding between the Customer and the particular entity which is selling the goods to the Customer under the trading name Sydney Home Centre.