Terms & Condition

PAYMENT

1. Customers without a credit account must pay a non-refundable deposit of 50% on ordering with the balance of the purchase payable prior to the stock being dispatched or picked up.

2. All special orders (outside of existing range) will require 100% payment prior to the ordering goods.

3. Customers with a credit account must pay the purchase price within 14 days from end of month, of the invoice amount.

4. Prices of the goods are subject to alteration without notice.

CREDIT ACCOUNT CUSTOMERS

5. 3228 Flooring may at its discretion offer a customer a credit account. The customer and any guarantors required by 3228 Flooring must complete an application for a credit account, a personal statement of assets liabilities and any guarantee documents required by 3228 flooring before any credit account applications will be considered.

6. 3228 Flooring will grant credit up to a limit advised to the customer. The customer must immediately pay to 3228 Flooring any credit provided to the customer which exceeds their limit of credit provided.

7. 3228 Flooring may revoke the credit account at any time without notice to the customer.

8. Any credit provided to the customer is wholly for the customers purposes.

9. In the case of overdue payments, the customer account will be placed on hold until brought up to date.

FAILURE TO PAY

10. If a customer fails to make payment it:

10.1 must pay interest on the outstanding amount at a rate of 10%.
10.2 is liable for 3228 Floorings legal and other costs in seeking to recover any overdue amounts.

11. 3228 Flooring may withhold goods ordered by the customer until overdue payments are made.

TITLE TO AND RISK IN THE GOODS

12. Tittle of goods shall not pass from 3228 Flooring to the customer until payment in full is received.

13. If the customer fails to pay any amount within the period allowed, 3228 Flooring may recover possession of the goods at any premises owned, possessed, or controlled by the customer, and the customer grants an irrevocable licence to 3228 Flooring to do so.

14. Risk in the goods shall pass to the customer when the goods pass to them.

DELIVERY

15. If agreed 3228 Flooring will deliver the goods to the customer’s address as set out in the invoice.

16. 3228 Flooring is taken to have delivered the goods when it obtains acknowledgment of the delivery from an authorized person at the designated location.

RETURN OF GOODS

17. Subject to Trade Practices Act or other applicable legislation or law, no returns will be accepted on special orders, sale orders, border tiles, or sale items.

18. On receiving the goods, the purchaser must check for defects, breakages, shortages, and photographic evidence must be provided within 24 hours of delivery.

19. 3228 Flooring will only accept the return of goods if they are in full boxes, in saleable condition and with agreement of the supplier. The goods must be returned withing 14 days of the date of the Invoice with proof of purchase. The customer will be provided with a store credit for the goods less a 20% re-stocking fee, for handling, and administration for the return, no returns can be made without obtaining an RA number from the office.

LIABILITY

20. 3228 Floorings liability for breach of these terms and conditions or those implied by the Trade Practices Act or other applicable legislation or law (other than those that cannot be excluded, restricted, or modified):

20.1 is restricted to the placement of the good only.

20.2 is excluded for tiles once they have been fixed.

20.3 is excluded for any inaccuracy or errors in quantity estimates given by 3228 Flooring staff.

20.4 is excluded for any difference in samples given by 3228 Flooring and goods delivered, due to batch, and shading variations.

20.5 does not entitle the customer to any to claim any damages if the goods are not satisfactory in any way.

WARRANTY

21. The goods are only guaranteed to the extent of any guarantee given by the manufacturer of the goods.

22. Ceramics tiles are not guaranteed against cracking, crazing, chipping, or breaking.

23. Marble and Stone tiles to the extent they are laid are not guaranteed to once they are laid, used or cleaned outside the manufacturer’s guidelines.

INDEMNITY

24. The customer agrees regardless of any negligence on part of 3228 Flooring in providing goods to release, hold harmless and indemnity 3228 Flooring which may be incurred against or be suffered by the customer in connection with the supply of goods by 3228 Flooring, unless caused by wilful misconduct on the part of 3228 Flooring. 3228 Flooring will not be liable to the customer in connection with the supply of the goods or error in information supplied to the customer at any time (whether negligent or a breach of contract or not).

SIGNATIORIES LIABLE

25. Any person who signs any form, applies for credit, or places an order on behalf of a customer that is a company or trust are personally responsible for payment of amounts required to be paid by the customer.

26. If the customer is a trustee of a trust, the customer agrees to be liable for any amounts due as well as the trustee of the trust.