Terms & Conditions

These are the entire Terms and Conditions of Sale of all goods supplied by Grant Timbers (ABN 77 808 302 681) ("GT") to Australian-based customers.

Except as otherwise agreed upon in writing between a duly authorised officer of GT and the customer, the Terms and Conditions shall apply notwithstanding any provisions to the contrary which may appear on any order form or other document issued by any customer.

General

1. All orders placed with GT shall only be accepted subject to these Terms and Conditions.

2. It is a requirement of GT that all account customers supply an e-mail address. E-mail is GT's preferred method of written communication, and quote verification, delivery updates and account status information will be sent automatically via e-mail.

Terms of Payment

3. Unless otherwise agreed upon in writing between GT and the customer, all prices are strictly nett. The granting of credit to a customer shall be at the absolute discretion of GT.

4. Account customers shall make payment in full within thirty (30) days following the end of the month in which the goods are invoiced.

5. COD customers shall make payment in full (by cash, cheque or credit card) a minimum of 48 hours prior to delivery.

6. If the customer fails to make payment in accordance with Clause 3, GT shall be entitled to suspend trading on said customer's account, thus placing on hold any orders already in the system. GT shall be entitled to cease any further deliveries to the customer until payment is received in full and/or require the payment of cash on delivery (per Clause 4) of any further products until such time as deemed by GT that the customer reverts to account status.

Confirmation of Orders

7. It is the customer's responsibility to ensure that they receive a copy of the quote.  The quote should be checked carefully, and GT need to be notified of any discrepancies within 24 hours.  GT can send quotes to the customer by e-mail, fax or post.

Delivery

8. Any date or time quoted for delivery is an estimate only and GT shall endeavour to effect delivery at the time or times required by the customer, but failure to do so shall not confer any right to the customer of GT cancellation or refusal of delivery or render GT liable for any loss or damages directly or indirectly sustained by the customer as a result thereof.

9. GT's obligation to delivery shall be discharged on arrival of the products at the customer's nominated delivery destination or nominated transport company. If the nominated place of delivery is a site unattended by the purchaser or his agent, GT accepts no responsibility for any alleged deficiencies or shortages in goods delivered notwithstanding the fact that no receipt has been issued for such delivery by the customer.

10. GT's delivery records shall be prima facie proof of delivery of the goods in good order and condition. GT's responsibility for delivery of the goods shall cease at the kerbside of the nominated place of delivery. GT may, at its absolute discretion, agree to deliver to a site other than the kerbside provided that it is hereby acknowledged and agreed that any increase in cost in making such delivery will be met by the customer. If it is necessary for the delivery vehicle to cross the footpath and enter upon private property in the course of effecting delivery, the customer shall provide safe and adequate access and notwithstanding will indemnify GT against any damage to public or private property or to any person which may arise as a result of such delivery.

Buyer's Cancellation

11. Unless otherwise agreed in writing, the customer shall have no right to cancel an order that has been accepted by GT. If a right of cancellation is expressly reserved to the customer, such right of cancellation must be exercised by notice in writing from the customer to GT not later than seven (7) days prior to the estimated date of delivery. Unless otherwise agreed between the customer and GT, upon cancellation prior to despatch, any deposit paid by the customer shall be forfeited to GT. In the event that no deposit has been paid by the customer, GT reserve the right to charge at their discretion, a re-stocking fee.

Returns

12. In the event that any goods do not correspond with the description of them on the invoice, or are defective, it is the customer's responsibility to notify GT in writing within seven (7) days of delivery. Incorrect/defective product must be returned to GT within twenty-one (21) days of delivery. Incorrect/defective product must be preserved intact and made available for inspection by a representative of GT. On receipt of written notification by GT, agreement by both parties on the most expedient and suitable return method needs to be established. Product not returned within twenty-one (21) days of delivery will NOT be accepted by GT.

13. GT shall accept a return of any goods which shall be shown to the satisfaction of GT

• To be defective or wrongly supplied by GT to the customer, or
• Which are not to a grade stipulated on the invoice or on a quotation provided.

14. GT shall be under no obligation to accept a return of any goods if those goods

• Have not been inspected upon delivery or within the seven (7) day allowable claim period,
• Have been sawn, nailed, painted or otherwise damaged,
• Are not packed in a condition that GT considers is suitable for collection and transportation back to its premises,
• Were supplied at the customer's request under a non-standard milling process or subject to other non-standard of specialist process,
• Were sold on to another party.

Title in Goods

15. Title in the goods shall remain with GT until the goods are paid for in full.

16. The customer acknowledges that it is in possession of the goods solely as a bailee for GT until payment as defined in Clause 3 has been made in full to GT, and until such payment

• The customer shall be fully responsible for any loss or damage to the goods whatsoever and howsoever caused,
• The customer shall store the goods separately from it own goods and those of any other party and in a manner which clearly identifies the goods as the property of GT.

17. Where payment for the goods is not received as defined in Clause 3, the customer shall upon the request of GT, deliver the goods to GT. Failing which, the customer hereby irrevocably grants to GT, its agents and servants, an unrestricted right and licence, without notice to enter premises where the goods are held to identify and reclaim the goods that are the property of GT in accordance with the Terms and Conditions of Sale without in any way being liable to the customer or any person claiming through the customer. GT shall have the right to sell or dispose of any such goods removed at their sole discretion and shall not be liable for any loss or costs occasioned thereby.

18. Notwithstanding the provisions of Clauses 15, 16 and 17, the customer shall be at liberty to sell the goods in the ordinary course of its business prior to those goods being paid for in full by the customer, the proceeds of such sale shall be held by the customer in trust for GT. The customer shall in those circumstances owe a fiduciary duty to GT in respect of any such proceeds of sale.

19. Where payment for the goods is not received as defined in Clause 3 and the goods have been on-sold, should the customer not have received payment in full from the third party, it is the responsibility of the customer to reclaim the goods from the third party and deliver said goods to GT.

20. Where there is an agreement between the customer and GT for delivery of goods by installment, title in the goods shall not pass until payment in full has been received by GT for the complete quantity. Failure to make payment when due shall, without prejudice to any other of GT's rights, entitle GT to terminate the agreement and reclaim the goods.

21. Risk shall pass to the customer upon despatch of the goods from the place of business of GT, notwithstanding that title to the goods shall remain with GT until payment is made in full.

Alteration to Conditions

22. GT may, at any time and from time to time, alter these terms and conditions.

Use of this site is subject to terms of use which constitute a legal agreement between you and Grant Timbers.