TERMS AND CONDITIONS

The following terms and conditions of sale apply to the sale of all goods or services by One Stop Building and Hardware Pty Ltd and any related companies (together OSBH) to any person (Customer). These terms and conditions replace any previous terms and conditions of sale and any variation must be in writing and signed by both OSBH and the Customer.

 Except as otherwise agreed upon in writing between OSBH and the Customer these terms and conditions shall apply and prevail notwithstanding any provisions to the contrary which may appear on any order form or other document issued by the Customer.

 1. CONDITIONS

1.1 These T & Cs apply to each order and purchase made by the Customer for goods or services from OSBH unless otherwise replaced by OSBH or agreed in writing signed by both parties. To the extent of any inconsistency between these T & Cs and any other arrangements between OSBH and the Customer, these terms will prevail.

1.2 OSBH reserves the right to amend these T & Cs at anytime.

2. LIABILITY

2.1 OSBH will not be liable for, and the Customer hereby releases OSBH from, any claim, action or liability for loss or damage (including all consequential loss) to persons or property including, without limitation, loss of use of the goods or services or loss of profits or loss on resale arising by reason of delays, non-delivery, defective materials or workmanship, negligence or any act, matter, conduct or thing done, permitted or omitted by OSBH

2.2 OSBH and the Customer agree that, to the maximum extent permitted by law, in the event of any loss, damage or claim arising out of the supply of goods or services pursuant to these T & Cs, the liability of OSBH is limited to the replacement of the goods or the cost of replacement or, in the case of a service, the cost of supply or re-supply of the service.

2.3 To the maximum extent permitted by law, all express or implied terms, conditions, warranties, assurances or representation in relation to any supply under these T & Cs is expressly excluded and revoked.

3. ORDERS AND PRICING

3.1 OSBH reserves the right to accept or reject any order for goods or services in its absolute discretion.

3.2 A Customer may cancel or vary a written order within 48 hours of placing the order and without the prior written approval of OSBH (which may be withheld in its absolute discretion). Orders cannot be cancelled or varied under any circumstance if (1) the order has been despatched for delivery or (2) OSBH has acquired or manufactured products specifically to accommodate an order. Any cost incurred by OSBH as a result of a cancellation or variation will be payable by the Customer.

3.3 Unless otherwise indicated, all invoices or quotations issued by OSBH are GST exclusive and the consideration payable or to be provided for any taxable supply by OSBH shall be increased by, and the Customer shall pay to OSBH, an amount equal to the GST payable by OSBH in respect of that supply at the same time and in the same manner as the consideration payable by the Customer for that supply.

3.4 Where OSBH issues a quotation in writing, the quoted prices are valid for a period of 30 days. Any quotation will only be accepted if confirmed in writing within that time.

4. DELIVERY

4.1. If the delivery address requested by the Customer falls outside of O.S.B.H's usual delivery area (as advised by OSBH from time to time) then the Customer will be liable for all delivery charges as advised by OSBH.

4.2 All delivered goods are at the Customer's risk as soon as they leave the premises of OSBH (or such other premises as they may be delivered from).

4.3 If the delivery address is unattended the Customer expressly authorises OSBH to leave the delivered goods at the address in a location chosen by OSBH

4.4 If advised by OSBH that a person(s) must be available at the delivery address during a timeframe advised by OSBH to assist OSBH to unload goods, the Customer agrees to comply with this request. If a delivery cannot be made because no person is in attendance then goods will not be delivered and the Customer will be required to pay an additional re-delivery fee. Any goods stored at the premises of OSBH as a result of non-delivery are kept at the Customer's risk.

4.5 OSBH will make all reasonable efforts to have any goods or services delivered on an advised date, however will have no liability whatsoever should delivery be delayed for any reason.

4.6 The Customer must inspect all goods upon delivery and must within 7 days of delivery notify OSBH in writing of any alleged defect and prior to the goods be used in any way shape or form. If the Customer does not give such notice, then the goods shall be held not to be defective and the remainder of these T & Cs will bind the customer accordingly.

4.7 In the unlikely event that goods are damaged or faulty OSBH must be notified and following inspection by OSBH (or an authorised representative) a credit may be issued to the Customer and/or the defective goods replaced. OSBH will not be liable for any delay caused by defective goods.

5. PAYMENT

5. All invoices are strictly nett 30 days from invoice, unless otherwise agreed in writing with OSBH.

5.1 Credit notes will not be accepted without written approval from OSBH.

5.2 The buyer shall not deduct any amount whatsoever from a due payment without the prior written consent from OSBH.

5.3 All tax invoices become are payable in full within 30 days from the invoice date and if not paid by the end of this day are considered overdue. OSBH reserves the right to charge interest on all overdue amounts at a rate of 5% above the then prevailing Reserve Bank of Australia Cash Rate.

5.4 No additional credit will be extended to overdue account holders unless satisfactory arrangements are made with OSBH.

6. RETENTION OF TILE

6.1 Title in delivered goods will not pass to the Customer until OSBH has received full payment for the goods. Until the date of final payment, the Customer must store the goods so that they are clearly identifiable as the property of OSBH.

6.2 OSBH reserves the right (until goods are paid for in full) to:

·          enter the Customer's premises (or the premises of any associated company or agent where the goods may be located) without liability for trespass or any resulting damage and recover possession of the goods; and

·          keep or resell any goods repossessed under this clause 6.2.

6.3 Until goods are paid for by the Customer if they are resold or if products are manufactured incorporating the goods are resold, the Customer agrees to old such part of the proceeds of any such sale that represents the OSBH invoiced price of the goods sold or used in a separate and identifiable account as the beneficial property of OSBH and shall pay this amount to OSBH on request.

7. RETURNS

7.1. Unless defective (in which case the procedure in clauses 4.6 and 4.7 apply) , OSBH will only refund or exchange goods in its sole discretion and provided the goods are resealable for an equivalent price.

7..2 No refund or exchange will be provided on any custom made, custom-cut, custom processed or specially acquired goods.

8. APPLICABLE LAW

8.1 These T & Cs are governed by the laws of South Australia and any dispute regarding them shall be heard in a court of competent jurisdiction in South Australia.