Terms of service

These Terms of Service apply to all quotations, orders, sales, and supplies of goods and services by LETAP Pty Ltd (ABN 72 155 195 716) trading as Malaga Tile Centre ("Malaga Tile Centre", "Supplier", "we", "us", or "our") to any purchaser ("Purchaser", "you").

1. Interpretation

1.1 The term person includes a corporation unless the context otherwise requires.
1.2 Words importing the singular include the plural and vice versa. Words importing one gender include all genders.
1.3 Supplier means the Malaga Tile Centre entity that you transact with or enter into a contract with, including its successors and permitted assigns.
1.4 Goods means all items, materials, products, and services supplied by the Supplier.
1.5 Malaga Tile Centre refers to LETAP Pty Ltd (ABN 72 155 195 716) trading as Malaga Tile Centre, and any related bodies corporate as defined by the Corporations Act 2001, including their successors and assigns.
1.6 Agreement means any contract formed under these Terms of Service.

2. Quotations, Orders & Agreement

2.1 A written quotation constitutes an offer to sell and overrides any prior price list. Unless stated otherwise, quotations expire 15 days from the date of issue.
2.2 The Supplier may withdraw or vary a quotation at any time prior to acceptance by the Purchaser.
2.3 Quoted prices are based on the Purchaser ordering all items listed in the quotation. Partial orders may result in revised pricing.
2.4 An agreement is formed when the Purchaser accepts the quotation in writing or by conduct.
2.5 Prices may be increased if supply does not commence within 30 days, supply is suspended or varied, or the agreement is not completed within 12 months of quotation.
2.6 Any increase in Supplier costs between acceptance and delivery may be passed on prior to delivery.
2.7 Unless agreed otherwise, prices applicable are those at the time of dispatch.
2.8 All orders are subject to availability. Substitutions may be offered with Purchaser approval.
2.9 These Terms override all Purchaser terms to the extent permitted by law.
2.10 This Agreement constitutes the entire agreement between the parties.
2.11 The Supplier may terminate the Agreement 12 months after first delivery by written notice.
2.12 Digital Acceptance: Electronic communications and e‑signatures constitute binding acceptance under the Electronic Transactions Act 2011 (WA).

3. Specifications & Working Documentation

3.1 Where Goods are supplied to Purchaser specifications, the Purchaser warrants no infringement of third‑party rights and indemnifies the Supplier accordingly.
3.2 Goods are supplied within normal industry tolerances unless otherwise specified.
3.3 Working documents must be supplied prior to commencement. Printing costs may be charged.

4. Delivery

4.1 Any date quoted for delivery is an estimate only unless a guarantee is provided in writing. The Purchaser must accept and pay for Goods when tendered, notwithstanding any failure to deliver by a quoted date. Written advice that Goods are ready (in whole or part) constitutes tendering and the payment terms apply.
4.2 The Supplier may deliver by instalments and, where it does, the Purchaser is not entitled to terminate or cancel the Agreement due to instalment delivery.
4.3 The Purchaser must take delivery of the Goods within 7 days of notification that the Goods are ready for delivery or collection.
4.4 Where the Purchaser does not accept delivery/collection when Goods are ready, the Purchaser is liable for storage and/or double-handling charges at the Supplier’s current rates (or, if no rate applies, at a rate determined by the Supplier acting reasonably).
4.5 Any quotation containing a provision to supply Goods “ex stock” is subject to fulfilment of prior orders as at the date the Purchaser’s order is received.
4.6 If the Supplier quotes the price as “ex-factory”, delivery is effected at the Supplier’s premises (or other nominated dispatch point), and the Purchaser is responsible for onward transport and costs unless otherwise agreed in writing.
4.7 The Purchaser bears sole responsibility for, and assumes the risk of, unloading the Goods (including the suitability of access and equipment such as forklifts).
4.8 To the extent permitted by law, the Supplier is not liable for loss or damage (including indirect or consequential loss) arising from delay in delivery or non-delivery, whether due to negligence, industrial action, or any other cause beyond the Supplier’s reasonable control.
4.9 Pallets and packaging are non-returnable unless agreed in writing. The Purchaser is responsible for appropriate disposal.

5. Order Readiness & Collection

5.1 Where the Purchaser arranges collection, collection must not occur until written confirmation of readiness is provided.
5.2 Malaga Tile Centre is not liable for costs incurred where collection occurs prematurely.
5.3 Goods must be inspected on collection. Transport‑related damage or shortages after collection are not the Supplier’s responsibility.

6. Price & Payment

6.1 Unless agreed otherwise, payment is required in advance.
6.2 Prices may be increased to reflect increased Supplier costs.
6.3 Disputes do not entitle the Purchaser to withhold payment. Interest accrues on overdue amounts.

7. Special Order Products

7.1 A 50% deposit is required for special‑order products.
7.2 Delivery times are estimates only.
7.3 Quantities are rounded up to full boxes.
7.4 No cancellations or refunds apply once confirmed.
7.5 Delays do not entitle cancellation or termination.

8. Title (Retention of Title)

8.1 Title remains with the Supplier until full payment is received.
8.2 Goods are held by the Purchaser as bailee until title passes.
8.3 The Supplier may repossess unpaid goods.
8.4 Sale proceeds of unpaid goods must be held in trust for the Supplier.

9. Risk

Risk passes to the Purchaser when Goods are loaded for delivery or collected, whichever occurs first.

10. Claims, Shortages & Defects

10.1 Goods must be inspected immediately. Claims must be made within 7 days of delivery or completion.
10.2 Remedies are limited to replacement, repair, or refund as permitted by law.
10.3 Liability is limited to the value of the Goods supplied, to the extent permitted by law.

11. Force Majeure

The Supplier is not liable for failure to perform due to events beyond its reasonable control.

12. Returns

12.1 Returns are accepted only where Goods are damaged, defective, or incorrectly supplied and notified within 15 days, subject to assessment.
12.2 Special orders, installed, discounted, or discontinued goods are not returnable.
12.3 Approved returns incur a 30% restocking fee.

13. Default

13.1 If the Purchaser defaults under these Terms or any other agreement with the Supplier, the Supplier may (without prejudice to any other rights) withhold further supply, suspend or cancel the Agreement, and/or vary the Agreement. Any waiver must be in writing and does not waive future defaults.
13.2 Overdue amounts attract interest at 11.5% per annum on daily balances (or such other rate stated on the invoice/credit application, if applicable), calculated from the original due date until paid.
13.3 The Purchaser indemnifies the Supplier for all reasonable costs of recovery on an indemnity basis, including legal fees and debt collection/mercantile agency costs.
13.4 An administration fee of $50 applies upon each event of default.

14. Charge

The Purchaser charges all present and future property as security for payment of all monies owed.

15. GST

All prices are exclusive of GST unless stated otherwise. GST is payable in accordance with the A New Tax System (Goods and Services Tax) Act 1999.

16. Trusts

Where the Purchaser acts as trustee, it remains personally liable and warrants authority under the trust.

17. Service of Notices

Service may be effected by prepaid post to the address provided by the Purchaser.

18. Jurisdiction

These Terms are governed by the laws of Western Australia, and parties submit to the courts of Western Australia.

19. Miscellaneous

19.1 Nothing limits rights under the Australian Consumer Law.
19.2 Waivers must be in writing.
19.3 Invalid provisions are severable.
19.4 The Supplier may assign its rights.

20. Variation of Terms

These Terms may be amended by the Supplier. Updated terms take effect 7 days after publication on our website or written notice.

21. Stone & Ceramic Characteristics

21.1 Shade, tone, texture, and size variations are inherent and not defects.
21.2 Natural stone variation, crazing, cracking, or chipping are not guaranteed against.
21.3 Tiles are deemed accepted once installed.
21.4 Installation must be carried out by qualified installers using recommended adhesives and grouts.
21.5 The Supplier is not responsible for damage after delivery.

22. Data Privacy & Marketing Consent

22.1 The Purchaser consents to the collection and use of personal information in accordance with our Privacy Policy and may opt out of marketing communications at any time.

Last updated: 15-01-2026