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  1. GENERAL

(a)    In the following all references to ‘The Company’ denotes Homes and Domes Victoria Pty Ltd.

(b)    All tenders and quotations are made by The Company without engagement. Goods and Products are supplied only upon the terms and conditions set out below unless otherwise varied by agreement in writing.

(c)     Any concession or waiver by The Company shall not prejudice the exercise by The Company of its rights hereunder. The failure or delay of the Company to exercise a power or right under these terms and conditions does not constitute a waiver of that power or right.

(d)    The unenforceability or invalidity of any one term and/or condition shall not affect enforceability of the remainder.

(e)    In this document any reference to a gender includes all genders and any reference to the singular includes the plural, and vice versa.

 

  1. QUOTATIONS & ORDERS

(a)    All due care is taken in the preparation of quotations. However no liability will be accepted for omissions or errors related to quantity or product quoted.

(b)    The Company will endeavour to maintain prices quoted but reserves the right to alter prices should quantities change or should a quotation period expire.

(c)     Prices quoted do not include GST (Goods & Services Tax) unless specifically shown. The price payable by the customer will be increased by the GST payable in respect of the supply of goods.

(d)    Quotations shall be subject to confirmation at time of order (unless prior written acceptance has been given to the contrary). Orders shall be accepted at The Company’s discretion based on availability, prices and terms agreed. The Company will confirm order acceptance in writing.

 

  1. TITLE

(a)    Risk in the goods and products supplied by The Company will transfer to the customer upon the delivery of the goods and products. Title of the goods and products remain that of The Company until funds have been received and cleared in full.

 

  1. PAYMENT TERMS

(a)    Unless otherwise agreed in writing payment shall be made within 30 days of the invoice date.

(b)    If payment is overdue, The Company reserves the right to withhold or suspend deliveries. Any such action shall not give rise to any claim by the customer, or stop The Company from recovering amounts due by the customer.

(c)     The Company reserves the right to charge interest on overdue payments. Interest shall be calculated at the Cash Target Rate plus two (2) percent as specified by the Reserve Bank of Australia at the date of the invoice.

(d)    Full payment of the total invoiced sum must be received by the Company before the product is released or delivered.

(e)    Date of payment made shall be deemed the date payment is received by The Company.

(f)     The Company shall not be held liable for any loss or inconvenience of the customer due to delayed payment.

(g)    Any deposit paid by the customer to the Company to secure product(s) shall be non-refundable.

 

  1. DELIVERY

(a)    If the quoted price includes carriage, the method of delivery will be selected at The Company’s discretion and delivery deemed to take place at the point of entry to the customer’s specified site. Unless otherwise stated The Company will not be responsible for offloading.

(b)    If the quoted price does not include carriage, point of delivery will take place when the goods leave The Company’s store, whether in vehicles of The Company or the customer or any third party or otherwise howsoever.

(c)     Times of delivery shall as far as possible be in accordance with the customer’s request. The Company will do its best to comply with customer requirements for delivery but does not accept liability for any loss or damage arising directly or indirectly from delivery performance. Delay in delivery shall not entitle the Customer to terminate the order in whole or part.

(d)    Notwithstanding that property of the goods shall not pass until payment has been received in full, all goods shall be at risk of the customer from point of delivery.

(e)    The Company does not accept liability for loss or damage in transit.

(f)     The Company is not responsible for any charges or additional costs resulting from delay in unloading.

(g)    Any delivery or production time estimated by the Company is an estimate only and the Company reserves the right to adjust or delay the estimated delivery time at its discretion.

 

  1. CANCELLATION AND RETURNS

(a)    Product return will be at The Company’s sole unfettered discretion. The Company reserves the right not to accept all or any product for return.

(b)    The Company reserves the right to apply a handling or restocking fee debited for products returned for credit, at its discretion.

(c)     The return of product to The Company shall be at the customer’s expense and risk.

(d)    An order can only be cancelled by written agreement or other communication at The Company’s discretion between The Company and the customer. Moreover The Company reserves the right to debit the customer for costs which The Company may incur owing to the customer’s wish to cancel the order.

 

  1. LIMITATION OF LIABILITY

(a)    Products supplied by The Company are for the normal purpose for which they have been designed and where applicable conform to the relevant Australian Standard.

(b)    The customer shall have no other rights in connection with defects than a claim for a rectification of the defects as soon as possible in the form of repair, replacement delivery or subsequent delivery, with the means of remedy being at the option of The Company. The Company accepts no liability for costs associated with dismantling, transportation or reinstallation. A replacement delivery by The Company shall be conditional upon the customer returning the defective parts.

(c)     Only major defects in the design, workmanship or material of the product supplied or faulty performance of work shall be considered defects.

(d)    The customer shall immediately after delivery carry out a reasonable examination of the product.

(e)    The customer cannot adduce defects which could have been established at such an examination unless the customer proves The Company received a written complaint no later than three (3) days after delivery was effected.

(f)     The Company shall have the right to inspect and conduct its own tests upon any goods that are the subject of a damage or loss or quality claim or have failed in service.

(g)    The right of the Customer to offset the value of any shortage, defective goods not otherwise conforming to a particular order shall be restricted to the specific invoice for the goods in question and shall not apply to previous or future accounts.

(h)    The Company shall in no case be liable for any trading loss, loss of time, loss of profit or any similar consequential losses owing to the defects.

(i)      The Company shall not be liable for damage to any real or personal property occurring while the goods sold are in the customer’s possession. Nor shall The Company be liable for any damage to products produced by the Customer or to products in which the goods sold forms part, including real property.

(j)      The Customer indemnifies the Company for any claims exceeding the guarantees obliged to be provided by the Company pursuant to the Australian Consumer Law.

 

  1. WARRANTY

(a)    All products must be registered for warranty directly with the manufacturer. The Company takes no responsibility for registering the warranty. The customer must review the manufacturer’s website and is deemed to have understood the terms of any warranty/ies provided by the manufacturer upon payment of the invoice.

(b)    The customer accepts that minor aesthetic imperfections which include but are not limited to small dents, scratches, and colour variations. By accepting these terms and conditions, the customer accepts that minor aesthetic imperfections are acceptable, should the imperfections not amount to a major defect.

 

  1. INDEMNITY

(a)    The customer shall indemnify The Company in respect of all damage or injury occurring to any person, firm, Company or property and against all actions, suits, claims, demands, charges or expenses in connection therewith for which The Company may become liable in respect of the products sold or distributed by The Company in the event that the damage or injury shall have been occasioned otherwise than by the negligence of The Company.

(b)    The customer shall indemnify The Company against all damages, penalties, costs and expenses to which The Company may become liable through any work done in accordance with specifications, drawing or special requirements of the Customer which may involve an infringement of a Patent Registered Design or other property of a third party or may cause any actionable damage or loss to any third party.

 

  1. ADVICE AND INFORMATION

(a)    Any descriptive information or product samples supplied by or for The Company are for general guidance only and do not form part of any contract between The Company and the customer and the customer admits that it was not induced to enter into the contract by any representation contained in such information or sample.

(b)    The Company may at the request of the customer without being under any obligation to do so, furnish technical advice concerning the use of the products and such assistance will be given to the best of The Company’s ability but this shall be on the express understanding that any such advice or assistance is given and accepted at the customer’s risk and The Company shall not be liable for any loss, damage or claims arising there-from.

(c)     No liability will be accepted for work carried out or material supplied to the customer’s own drawings, design or specifications.

(d)    The submission of a quotation or acceptance of any order by The Company in no way implies any responsibility on its part for any by-law, planning or other approval which may be required by the customer.

 

  1. ESCAPE CLAUSE (FORCE MAJEURE)
  • The following circumstances shall mean an exemption from liability if they prevent The Company from performing a contract or make the performance unreasonably burdensome: fire, explosion, Act of God, epidemic, war, riot or civil commotion, unrest, martial law, mobilisation or similar military measures, seizures, currency restrictions, import and export prohibition, strike, lockout or other circumstances of a similar nature beyond the control of The Company.

 

  1. DEFAULT
  • The Company reserves the right (without prejudice to its other rights and remedies) either to terminate the Contract or outstanding orders between the parties or to suspend further deliveries under it or require payment in advance in the event that the customer fails to pay for any one delivery when the same becomes due or the customer’s financial position becomes unsatisfactory in the opinion of The Company or if the customer goes into liquidation or has a receiver appointed or (not being a company) had a receiving order made against them or enters into any arrangement with creditors.
  • If the customer is in breach of any of these terms and conditions the Company has the right to retain all monies paid by the Customer for orders or products not yet supplied and refuse to provide the customer with the products ordered.

 

  1. VENUE & LAW

(a)    Any dispute which may arise between The Company and the customer shall be settled finally and binding on both parties by the Courts of Australia pursuant to Victorian (State) or National law unless a written acceptance has been given to the contrary.

(b)    When one or several of the above conditions are reversed totally or partly by a legal decision or by an amendment in legislation, this does not mean that the Terms and Conditions of Quotation, Sale and Delivery shall be cancelled as a whole, but that they are amended according to the legal decision and/or to the amendment of law

 

  1. AMENDMENT AND ACCEPTANCE OF TERMS

(a)    The Company reserves the right to change, vary, add or remove any part of these terms and conditions at any time. Upon acceptance of these terms and conditions, the customer agrees and accepts that the terms, included any changed, varied or added terms, govern the parties’ rights and obligations.

(b)    A full or partial payment made to the Company or continued instructions to perform services or supply goods or products on your behalf is deemed as your full acceptance of these terms and conditions and all details specified in the invoice.

 

  1. PRODUCT INSTALLATION

(a)    the customer is responsible for organising the installation of all products purchased from or via The Company.  

(b)    the Customer warrants that it has made its own enquiries as to the fitness for purpose and quality of the product and ensured compliance with any regulations, rules, Acts or statutes in relation to the transport, erection, installation or situation of the products, including the ability to obtain any relevant permits or licences. The Company takes no responsibility for any error or oversight on the part of the customer for the suitability or fitness for purpose of the product and the customer indemnifies the Company against any loss or damage in that regard. The Company does not and will not provide building, planning or regulatory advice, which domains are the sole responsibility of the customer, and the customers entry into these terms and conditions is as a consequence of its own sole skill, knowledge and judgment.

(c)     Costs incurred by the Company due to any failure of the customer under subclause (b) hereof shall be indemnified by the customer.

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