This is a payment claim under the Building and Construction Security of Payment Act 2021 WA Section 17. Full payment is required on all orders prior to pick up and/or delivery of goods. Goods will remain the property of Malaga Tile Centre until full payment is received.
All goods must be inspected upon receipt of goods and prior to installation to ensure that the products are correct and free from any defects.
The Customer may reject and return Goods to Malaga Tile Centre provided that:
- the Goods are damaged, wrongly supplied, defective or not in accordance with the Contract;
- the Goods are returned within 15 days of the date of the invoice and/or delivered or account issued by Malaga Tile Centre to the Customer in respect of those Goods;
- the Customer notifies Malaga Tile Centre of the invoice or account number in respect of the Goods to be returned;
- the Goods are returned in the original state or condition in which they were supplied, and remain in original boxes together with all packaging and instruction material; and
- the Goods are in as new condition as is reasonably possible and are from current stock held in store by Malaga Tile Centre and, if applicable, matching current stock shade.
- All Goods returned by the Customer are subject to assessment by Malaga Tile Centre, and Malaga Tile Centre may, if permitted by the Australian Consumer Law or any other law, refuse to accept the return of the Goods at its sole discretion.
- Unless Malaga Tile Centre and the Customer otherwise agree in writing, the Customer will bear the costs of delivery when returning any Goods.
Subject to the Customer’s rights under the Australian Consumer Law, the following Goods cannot be returned by the Customer to Malaga Tile Centre under any circumstances:
- those that were specially made, sourced, ordered or purchased for the Customer;
- those that were used, installed, laid, damaged, or altered in any way by the Customer;
- those that were sold to the Customer at wholesale or discounted prices, or as second grade or quality; or
- those that are no longer in stock in store by Malaga Tile Centre or have been discontinued.
- Goods returned in accordance with this clause will be subject to a restocking fee. The restocking fee will be 30% of the price (plus GST) agreed in the Contract for the relevant Goods.