TERMS OF SALE
These Terms of Sale apply to all clients and customers, or all potential clients and customers of Tillageworx Pty Ltd t/as Tillageworx [ABN 38671005940] (“we, us, our”). These Terms of Sale together with the Terms of Use and any other terms and conditions and policies we publish or link to on our website form an Agreement with us (“Agreement”). “You” could be any customer or client of ours.
By clicking that you understand and agree to these Terms of Sale, you are agreeing to be bound by these Terms of Sale; if you do not agree, you cannot purchase our products. We may change these Terms of Sale at any time, and by continuing to use or access our website and purchasing our products you are accepting those changes.
You must be 18 years old or older to purchase our products. You agree to provide current, complete and accurate information to us, and promptly inform us of any updates to your information.
PRICES AND DESCRIPTIONS
We may change prices for our products without giving notice to you. We may also discontinue any products at any time or change our range of products at any time without giving notice to you. We are not liable for any price changes, other changes, or any discontinued products. The descriptions of products may also change without notice to you. There may on occasion be errors or omissions in product descriptions, prices, delivery times and availability and promotions. We may, but are not obliged to, correct any errors or omissions or change and update information or cancel orders if the information is inaccurate at any time, without prior notice to you.
Except as required by law we do not warrant the quality of the products or warrant that they will meet your expectations.
COLLECTION AND DELIVERY OF OUR PRODUCTS
Products are available for collection at our nominated location. You will receive a notification when your order is ready for collection. We can deliver products to your nominated destination subject to handling and transport costs, if you are outside the region, please contact us at sales@tillageworx.com and we may be able to service you at an additional cost. We will notify you of the delivery date. In the event that you are unable to accept the delivery on the notified date, you must pay our storage fee for the products (if applicable) and any additional handling and delivery costs. You must notify us of any shortages of goods within two weeks of delivery.
YOUR OBLIGATIONS
You must not use our products and services for any illegal purposes. You must only use the products in compliance with the manufacturer’s instructions. Our products are not for resale unless agreed to by us.
PAYMENT TERMS
You agree that you will pay us Our Fees for the products via direct deposit or credit card. We require payment in full before goods can be collected or delivered. We charge a 25% Deposit to reserve stock on back order. We require payment of the remainder of Our Fees prior to the date of collection or delivery. Deposits are only refundable at our discretion.
Interest will be charged on any unpaid invoices at the rate of 10% per annum. Any legal collection fees that are incurred will be charged to you.
CONSUMER GUARANTEES AND REFUNDS
Our products and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to:
- Cancel this agreement with us
- A refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with products. If a failure with the products or services does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the products and to cancel this agreement for the services and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the products or services.
We do not provide refunds for changes of mind, where a problem with the products is due to your misuse, failure to comply with the manufacturer’s instructions including, but not limited to where products have not been maintained and cared for in accordance with the manufacturer’s instructions, or where you fail to take reasonable care. We also do not provide refunds for normal wear and tear, including loss of tungsten tiles, full loss of parts and breakages (at our discretion).
RETURNS
We may provide you with a 50% refund, at our sole discretion, where the product is returned in the same condition as provided to you within 3 months of the date of delivery. You are solely responsible for all additional handling costs. If we have sent incorrect goods to what was requested, we will cover all handling costs and offer you a full refund or replacement of correct goods subject to current prices and availability.
PROPERTY RISK AND TITLE
Risk in the products, including responsibility for insurance, passes to you upon delivery of the products to the Site. Notwithstanding this, the property in and legal title to the products remains with us, until they and all other products supplied to you have been paid for in full. Until the products have been paid for:
- We are the legal and equitable owner of the products;
- You hold the products as fiduciary agent and bailee for us;
- We may enter your Site without notice to inspect the products;
-You must deliver up the products to us on demand, and in default, we may enter the Site torepossess the products and take possession without compensation to you.
MARKETING
You permit us to photograph and/or video the services, and use the photographs for marketing and information purposes, or publications exhibitions and professional awards. You must seek our prior written consent before any publication of information about us.
TERMINATION
We may refuse to provide services and products to you, or anyone, for any reason, at any time. In particular, if you breach this Agreement, we may immediately terminate your ability to purchase of products. We can also change, suspend, or stop our services and products or any part of at any time, for any reason, and without notifying you. We are not responsible to you for any changes, or if we suspend or stop our services and products.
LIABILITY AND INDEMNITY
Your use of, or inability to use our products and services is at your sole risk. To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your use of our products and services including, but not limited to, any errors or omissions in any website content, price changes or discontinued products and/or services, loss or stolen products during delivery, any late delivery, any trespass on your Site, negligence, any links to third party websites, any interruptions, any changes, suspension or termination of our services and products.
To the extent to which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:
- The replacement of the products or services or the supply of equivalent products or services; or
-the payment of the cost of replacing the products or services or of acquiring equivalent products and/or services.
