GENERAL GOVERNING PROVISIONS
Order means a standard delivery by a Customer for the purchase of products and/or services from Radial Timber Sales together with the Quotations submitted to the same Customer (as appears on the front of, or attached to, this document) in the form published by from time to time.
The signing of this Order by the Customer constitutes acceptance of all terms and conditions of the agreement between Radial Timber Sales and the Customer as appears herein. This document comprises the entire agreement between the parties save for those terms and conditions appearing in the Service Agreement (if any), and supersedes any prior agreement, representation or understanding in that regard. Any promise, condition, warranty or representation previously made by RTS or on its behalf is expressly negative and withdrawn.
TERMS OF PAYMENT
Payment is strictly Prepaid, unless C.O.D. has been specifically arranged; or an account has been approved prior to delivery. Before an account is opened, the first sale to a prospective account customer is expected tobe pre-paid.
- If payment is not made prior to unloading (or alternatives arranged with Radial Timber), timber will not be left on site.
- Receipt of deposits or any delivery instructions, given to Radial Timber, are viewed as acceptance to the terms and conditions.
- Deposits and/or pre payment with order is required for special orders.
- Account customers are expected to pay within approved trading terms, and Radial Timber Sales reserves the right to add late payment charge of 1.5% per month to overdue accounts.
- Risk of goods shall pass to the customer upon delivery, or on the customer’s behalf or, where a third party is designated to perform the delivery of the goods to the customer, upon delivery to that third party.
- Delivery times made known to the customer are estimates only and Radial Timber Sales p/l will not accept liability for late delivery, including loss or damage occasioned to the customer or others arising from late or non delivery.
- For delivery by Radial Timber Sales p/l crane truck, deliveries are for kerbside delivery to site. Placement of timber other than on kerbside is at the discretion of the truck driver, and requests of this nature will be considered only after ‘Waiver of Liability Form’ is signed against accidental damage to public and/or private property. Radial Timber Sales p/l will not accept responsibility for damage to property or persons, where the driver has been instructed to place deliveries other than on kerbside. The Radial Timber driver is assigned times allowed for unloading, and excess waiting time will be charged to the purchaser at a rate of $105 per hour.
- For deliveries by third party contractors, at least one person must be onsite to accept delivery and assist with hand unloading. If assistance is not available, additional ‘hand unload’ fee will apply. Charges for deliveries by third parties are charged by time, and prices may vary for transport depending on road conditions. Radial Timber Sales p/l makes every effort to advise accurate delivery costs, however, we reserve the right to charge for additional costs incurred for these deliveries.
Radial Timber Sales shall retain title to products until it has received in full for all products and services supplied by it to the Customer. And payment is deemed to have been received when the amount of that payment has been irrevocably credited to the bank account of Radial Timber Sales.
The Customer shall not sell, dispose, adversely deal with, mortgage charge or in anyway whatsoever encumber the products of unless the Customer may otherwise expressly prove.
In the event that the Customer fails to make any payment under this Agreement when due or in the reasonable opinion of Radial Timber Sales appears unlikely to be able to pay its debts as they fall due or is threatened by or enters into bankruptcy liquidation or a scheme of arrangement with its creditors or has a receiver or manager appointed of all parts of its assets or become insolvent, then and in such any case Radial Timber Sales shall have right, without prejudice to any other rights or remedies available to it at law or in equity or pursuant to this Agreement to:
- Enter, without prior notice, any premises where the product owned by it may be and to repossess and dispose of any product owned by it and/or
- Withhold delivery of any undelivered product or stop any product in transit, and unless it expressly elects otherwise, any Contract between RTS and the customer for the Sale or supply of products or services shall remain in full force and effect not withstanding the exerciser by RTS of its rights under this clause.
DAMAGED OR DEFECTIVE GOODS
Please inspect your timber delivery. If notified within 14 days, Radial Timber Sales will replace or discount defective or damaged goods, providing it can be proven that the damage or defect was sustained prior to receiving the goods (replacement costs are for materials only and do not include labour).
CANCELLATIONS AND REFUNDS
- Cancellation of ‘Set Length’ and ‘Special’ orders may attract costs, and Radial Timber Sales reserves the right to recoup these costs from any deposits held.
- Cancellations of orders are not accepted once delivery has been made.
- Return of goods for credit will only be accepted if such goods are in the original condition as supplied. A restocking fee will be applied, depending on type and condition of goods.
PRODUCT SPECIFICATIONS AND USE
- Full and detailed information regarding products, specifications, fixing instructions and care and handling are available on our Web Site http://www.radialtimbers.com.au , or from Radial Timber Sales office. It is the responsibility of the purchaser and/or contractor to ensure they have read these details, and to ensure that products are suitable for the application, and fixed as per our specification.
NOTE: it is very important to refer to Radial Timber Product Specifications for full details on correct fixing procedures.