The Goods are sold by Camerich to the Client subject to these terms and conditions, and not otherwise. These terms and conditions prevail over any inconsistent provision in any communication by the Client to Camerich about the sale of the Goods, including any form of purchase order issued by the Client.
Camerich will contact the Client to nominate and confirm a proposed Delivery Date.
The proposed Delivery Date is an estimate only.
Camerich is not liable for any loss, damage or delay incurred by the Client arising from late or non-delivery of the Goods.
Camerich may at its option deliver the Goods to the Client in any number of instalments or part supplies.
The Client must do all things as are necessary to assist and enable Camerich to deliver the Goods on the Delivery Date to the Client at the Client Delivery Address.
3. PAYMENT AND RISK
An initial progress payment of 50% is required before Camerich can begin arrangements for the manufacture or supply of the Goods
The Client must pay the balance of the Price for the Goods to Camerich before Camerich delivers the Goods to the Client.
All risk in the Goods passes to the Client upon delivery of the Goods by Camerich to the Delivery Address or the Client.
4. RETENTION OF TITLE
Title to the Goods shall not pass from Camerich to the Client until such time as Camerich has received payment in full of the Price for the Goods in cleared funds and there are no other moneys owing by the Client to Camerich in respect of the Goods.
Until such time as payment is made in full of the Price for the Goods in cleared funds, Camerich reserves the right to recover possession of the Goods.
Where Camerich has not been paid the Price for the Goods in full and Camerich has delivered the Goods to the Client, the Client agrees that the relationship between Camerich and the Client shall be fiduciary and that the Client shall hold the Goods as bailee for Camerich and, if required, shall store the Goods in a manner that clearly shows the ownership of Camerich.
Camerich and the Client agree that the provisions of this clause apply notwithstanding any agreement, whether subsequent to the supply of the relevant Goods or not, between the Client and Camerich pursuant to which Camerich gives the Client credit.
If the Client refuses or is unable to accept delivery of the Goods or any part of the Goods on the Delivery Date, the Client must pay storage charges to Camerich at the rate of 5% per month on the value of the Goods, payable until the Client accepts delivery of all of the Goods.
6. RETURN OF GOODS
Subject to law:
the Client has no right to return all or any of the Goods to Camerich; and
Camerich has no obligation to refund all or any part of the Price.
Subject to law:
the Client has no right to terminate or cancel this agreement; and
the Client must indemnify Camerich in respect of all loss, costs, claims and expenses incurred by Camerich as a result of any default by the Client under this agreement.
Camerich has no obligation to install the Goods or perform any residential building works.
9. PERSONAL INFORMATION
The address and contract details of the Client may be used by Camerich and subsidiaries of Camerich to provide marketing information to the Client. Please refer to the privacy statement at www.camerich.com.au for more information.
10. WARRANTY AS TO QUALITY OR FITNESS
Camerich warrants that the Goods are of merchantable quality except only:
as regards any defects specifically drawn to the attention of the Client before the making of this contract;
if the Client examined the Goods before the making of this contract, as regards any defects which that examination ought to have revealed.
11. LIMITATION OF LIABILITY
a) Other than any warranty expressly given by Camerich in this agreement, and subject to clause 11(b), all warranties (whether implied, statutory or otherwise) relating to the Goods and any other subject matter of this agreement, are excluded.
b) Where any law implies in this agreement any term, and the law voids or prohibits provisions in this agreement which exclude or modify the operation of such term, such term is taken to be included in this agreement. However, the liability of Camerich for breach of such term is, if permitted by law, limited to one of the following remedies (at the option of Camerich):
a. replacement of the Goods or supply of equivalent Goods;
b. the repair of such Goods;
c. the payment of the cost of replacing the Goods or acquiring equivalent goods; or
d. the payment of the cost of having the Goods repaired.
e. Subject to clause 11(b) Camerich excludes all liability for indirect and consequential loss (including without limitation for loss of revenue or profits) in contract, tort, under any statute or otherwise (including negligence) to the Client arising from or connected to this agreement.
f. apply to any action giving rise to an obligation, duty or liability even if the action was not authorised, or not capable of being authorised, by the Client.