TERMS AND CONDITIONS OF SALE

Unless Malaga Tile Centre and the Customer otherwise agree in writing, these Terms are incorporated into and form part of any contract (‘the Contract’) between Malaga Tile Centre and the Customer for the supply of Goods by Malaga Tile Centre.

Definitions

In these Terms unless the contrary intention appears:

  • ‘Australian Consumer Law’ means the Australian Consumer Law contained in Schedule 2 to the Competition and Consumer Act 2010 (C’th);
  • ‘Malaga Tile Centre’ means LETAP PTY LTD (ACN 72 155 195 716)and any and all of its “Related Bodies Corporate” and/or “Associated Entities” as such terms are defined in the Corporations Act 2001 (C’th);
  • ‘Customer’ means the party or parties entering into the Contract with Malaga Tile Centre;
  • “Commercial Credit Trade Account Customer” means a customer who has entered into an agreement called a Commercial Credit Trade Account with Malaga Tile Centre;
  • ‘Goods’ means any tiles and related products (including any other type of wall and/or floor tiles), extending to kitchenware and bathroom-ware and also including products such as tools, adhesives, grouts and any and all other ancillary or associated products supplied by Malaga Tile Centre to the Customer and further extending to the supply of tools or equipment on a hire-charge basis; and
  • ‘Terms’ means these terms and conditions.

Contract

  • The Contract and these Terms constitute the entire agreement between Malaga Tile Centre and the Customer. All prior negotiations, representations, understandings, arrangements, and agreements (whether oral and/or in writing) are superseded by the Contract and these Terms.
  • The Contract and these Terms will in all circumstances prevail over the Customer’s terms and conditions (if any) unless Malaga Tile Centre agrees in writing to be bound by the Customer’s terms and conditions or any of them.
  • To the extent that there is any inconsistency between the Contract and these Terms, these Terms prevail unless and to the extent only that Malaga Tile Centre otherwise agrees in writing PROVIDED ALWAYS if Goods are supplied by Malaga Tile Centre to a Commercial Credit Trade Account Customer, then the terms and conditions of sale incorporated into the Commercial Credit Trade Account shall prevail to the extent of any inconsistency or conflict with these Terms.

Prices

  • The price for the supply of Goods will be specified in the invoice or account issued by Malaga Tile Centre to the Customer.
  • Unless otherwise stated, the price for the supply of any tiles by Malaga Tile Centre will be on a per square metre basis.
  • Malaga Tile Centre may increase the price of Goods if the price increase results from the introduction of any legislation, regulation, or government policy.
  • Unless otherwise stated:
    • the price for the Goods agreed in the Contract and any other amount payable under the Contract or these Terms shall be inclusive of any tax payable pursuant to A New Tax System (Goods and Services Tax) Act 1999 (Cth) (‘GST’); and
    • the Customer will be required to pay to Malaga Tile Centre an amount equal to the GST (which will be included in the invoice or account issued) in addition to the price or any relevant other amount.