Northern Rivers Timber (NSW) Pty Ltd

1.             Definitions
1.1           “Company” is Northern Rivers Timber (NSW) PTY Ltd of 358 Botany Road (Po Box 7422 Alexandria NSW 2566 Australia).
1.2           “Contract” is the contract for the sale of the goods formed by acceptance of the order of the goods.
1.3           “Customer” is the person, firm, corporation or other body to whom the invoice is addressed.
1.4           “Goods” are the items the subject of the sale under the Contract specified on the face of the invoice or where the context so admits means part of them.
1.5           “Mill” is the timber production facility located in Leeville, NSW.
2.             General 
2.1           The following are the Terms and Conditions of sale for the goods unless otherwise stated in a written form in which case the terms and conditions appearing on this company’s form shall prevail in the case of any inconsistency PROVIDED HOWEVER that if any of these terms or  conditions contravenes or is prohibited by any law of statue for time being in force (or which may come into force) including (but not limited to) the Trade Prices Act 1974 (as amended   such terms and conditions shall not apply to the Contract but the remaining terms and  conditions shall continue in full force and effect.
2.2           Unless the Company otherwise agrees in writing, at the request of the Customer, delivery of the goods shall take place at the company’s premises.
2.3           The Customer should promptly notify the Company in writing of any changes of address.
2.4           Any notice or document required to be severed by the company on the Customer may be severed by sending such notice by post or by hand delivering same to the last known address of the Customer and shall be deemed to have been received by the Customer two (2) days after posting by the company or at the date of delivery by hand.
2.5           No waiver by the company of a Customers breach or failure to comply with these Terms and Conditions shall be constructed as a general waiver of such condition.
2.6           If any future contract between the Company and the Customer is inconsistent with these Terms and Conditions, then these terms herein contained, will apply unless the subsequent Contract refers to and specifically alters these terms of trade in writing.
2.7           The Company shall be entitled at any time to assign its rights under this agreement.
4.             Terms of Payment
3.1           The Company will issue a quote and/ or order form which if accepted by the customer must be either paid in full by cleared funds prior to delivery or a non-refundable deposit of 20% of the order must be paid to hold the goods for the customer.
3.2           If the customer is in default of any of the items or conditions hereof, the company may Withdraw any discount/ rebate entitlement Customer may have, and/ or cease supply without notice.
3.3           Time is of the essence for the performance of the Customer’s obligations.
3.4           All looses, expenses, interest and costs including (but not limited to) legal fees consequent upon the Customer’s failure to pay on the due date shall be recoverable from the Customer by the Company as liquated damages.
5.             Price
4.4           The Purchase price of the timber products and other goods and services purchased shall be agreed between the Customer and Company from time to time.
5.             Supply
5.1           The Company reserves the right to cease to supply the Customer at any time without prior notice to the Customer or to require payment by cash or bank cheque prior to delivery.
6.             Access
6.1           Where an order to deliver timber products requires the Company or the carrier to enter upon the Customer’s premises, the customer shall provide full and safe access to the Company or its carrier and shall also indentify the Company against all costs, looses and damages to property and injury to persons, occurring directly or indirectly as a result of the failure by the Customer to ensure full and safe access.
7.             Representations
7.1           Without in any limiting the Customer’s statutory rights, the Customer acknowledges that neither the Company nor its servants and agents have made representations or given any promise or undertaking which is not expressly set out in writing whether as to the fitness of the goods and services for any particular purpose or any other matter.
8.             Title of Goods
8.1           Goods which the company agrees to sell shall remain the Company’s sole and absolute property as legal and equitable owner until such times the as the Customer has paid in full for those goods but such goods shall nevertheless be at risk of the Customer as soon as they are delivered to or to the order of the Customer.
8.2           Title of the property in the Goods shall not pass to the Customer until the Customer has paid to the Company by way of cleared funds, the debt.
9.             Delivery
9.1           The Company will make all reasonable efforts to have good delivery to the Customer on or before the date agreed between them (if any) as the delivery date, however the Company shall under no liability whatsoever should delivery not be made on or before such date and any delay in delivery or completion shall not constitute a breach of this contract. In the event of the Customer or its servants and agents are not on site to accept delivery, then the Company’s driver’s signature denoting the time, date and place of delivery shall be deemed proof of delivery and acceptance of delivery.
10.           Variation of Terms
10.1         The Company may add to or vary the Agreed Terms of Trade and Conditions including pricing and payment provisions from time to time.
11.           Variation in Product
11.1         The Customer acknowledges that timber products of a particular grade description may vary in grain colour, hardness and other characteristics. If the customer wishes to match the characteristics of any product, it will be their responsibility to purchase sufficient quantities of  the product to allow them to select and match the product.
12.           Order Cancellation 
12.1         Orders cancelled shall incur a cancellation fee of 20% of the total value of the order. Return of Goods for Exchange, Credit or Refund
13.1         All company products are tested for moisture content, dimensions and grading prior to dispatch using Australian Standards 2796. It is the responsibility of the customer to ensure adequate timber protection and acclimatisation is provided from the time of the delivery as outlined in the Company flooring fact sheets.
13.2         It is the responsibility of the Customer to inspect all goods upon delivery and any claim in respect alleged defect, shortage in quantity, damage or failure to comply with the customers order must be made in writing to the Company within 14 days of delivery.
13.3         The goods in respect to such claim must be preserved in tact for a reasonable period after a notice of claim has been made. The customer must provide to the Company, upon request, evidence of claim by way of photo’s, samples or the Company allowed access to such goods for inspection. No claim shall be entered into once products have been installed.
13.4         The Company will only consider claims as outlined in 13.2 and 13.3 where it relates directly with a product supplied by the Company. The Company will not accept claims for additional costs which the Customer may have incurred as a result of the claim.
13.5         No exchange, credit or refund for change of mind or incorrect product choice by customer.
13.6         The Customer shall pay all freight charges for the return of goods unless the Company expressly agrees in writing to accept liability for such charges.  
13.7         The following types of goods cannot be returned for exchange, credit or refund under any circumstances except where a claim for defect has been lodged as outlined in 13.2.
A)             Any goods specifically cut to size;
B)             Any goods specifically made, or otherwise treated or purchased for the Customer;
C)             Any goods damaged or altered in any way by the Customer.
D)            Any goods installed by the Customer.
13.8         In relation to 13.2, the Company is limited to, at the Company’s sole discretion, to exchange the goods, credit the goods or refund the purchase price.
13.9         Without prejudice to condition 13.3 of Return of Goods for Exchange, Credit or Refund, the Company will accept no responsibility for any loss arising of the Company’s failure to give credit or its delay in doing so.
14.           Lien  
14.1         The Company reserves the right to retain the goods until payment has been received in full by the way of cleared funds.
15.           Liability
15.1         Unless expressly agreed to the contrary by the Company in writing, the previous and tolerance contained in the standard specification to which the goods are manufactured by the Company or its suppliers will apply to all orders accepted.
16.           Jurisdiction
16.1         The Customer acknowledges that any dispute will be resolved in the courts of New South Wales and that the Contract shall be deemed to have been made in Lismore, Northern New South Wales.

Northern Rivers Timber (NSW) Pty Ltd
358 Botany Rd, Alexandria NSW
PO Box 7422, Alexandria NSW 2015
Tel. 02 9698 2796 Fax. 02 9310 3592