- Aurum Plumbing Supplies reserves the right at all times to make changes to these terms and conditions.
Delivery of Goods:
- Delivery (“Delivery”) of the Goods is taken to occur at the time that:
i) The Client or the Client’s nominated carrier takes possession of the Goods at Aurum’s address; or
ii) Aurum or Aurum’s nominated carrier delivers the Goods to the Client’s nominated address even if the Client is not present at the address.
- At Aurum’s sole discretion the cost of delivery is either included in the Price or is in addition to the Price.
- The Client must take delivery by receipt or collection of the Goods whenever they are tendered for delivery. In the event that the Client is unable to take delivery of the Goods as arranged then Aurum shall be entitled to charge a reasonable fee for redelivery and/or storage.
- Aurum may deliver the Goods in separate instalments. Each separate instalment shall be invoiced and paid in accordance with what Aurum agree with the Client.
- Any time or date given by Aurum to the Client is an estimate only. The Client must still accept delivery of the Goods even if late or Aurum will not be liable for any loss or damage incurred by the Client as a result of the delivery being late.
Return of Goods:
- The Client must inspect the Goods on delivery and must within twenty four hours of delivery notify Aurum in writing of any evident defect/damage, shortfalls in quantity, or failure to comply with the description or quote. The Client must notify any other alleged defect in the Goods as soon as reasonably possible after any such defect becomes evident. Upon such notification the Client must allow Aurum to inspect the Goods.
- Under applicable State, Territory and Commonwealth laws (including, without limiting the Australian Consumer Law (“ACL”) certain statutory guarantees and warranties (including, without limitations the statutory guarantee under ACL)) may be implied into these terms and conditions (Non-Excluded Guarantees)
- Aurum acknowledges that nothing in these terms and conditions purports to modify or excluded the Non-Excluded Guarantees.
- Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, Aurum makes no warranties or other representation under these terms and conditions including but not limited to the extent permitted to the quality or suitability of the Goods. Aurum’s liabilities in respect of these warranties is limited to the fullest extent warranted by the law.
- If the Client is a consumer within the meaning of ACL, Aurum’s liability is limited to the extent permitted by section 64A of Schedule 2, ACL.
- If Aurum is required to replace the Goods under the clause or the ACL, but is unable to do so Aurum may refund any money the Client has paid for the goods.
- If the Client is not a customer within the meaning of ACL, Aurum’s liability for any defect or damage in the good is:
i. limited to the value of any express warranty or warranty card provided to the Client by Aurum at Aurum’s sole discretion;
ii. limited to any warranty to which Aurum is entitled, if Aurum did not manufacture the Goods.
iii. Otherwise negated absolutely.
- Subject to this section will only be accepted if:
i. The Client has complied with the provision of clause (a); and
ii. Aurum has agreed the Goods are defective; and
iii. The Goods are returned within a reasonable time at the Client’s cost (if the cost is not significant); and
iv. The Goods are returned in as close a condition to that in which they were delivered as is possible.
- Notwithstanding the Return provisions but subject to ACL, Aurum shall not be liable to any defect or damage which may be caused or partly caused by or arise as a result of:
i. The Client failing to properly maintain or store goods;
ii. The Client has used inappropriate, harsh or abrasive cleaning products on the goods;
iii. The Client using the Goods for any purpose other than that for which they were designed;
iv. The Client continuing the use of any goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
v. The Client failing to follow any instructions or guarantees provided by Aurum.
vi. Fair tear and wear, any incident, or act of God
- In the case of second hand goods, unless the Client is a consumer under ACL, the Client acknowledge that it has full opportunity to inspect the second hand goods prior to delivery and accepts them with all faults, and that to the extent permitted by law no warranty is given by Aurum as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. The Client acknowledges and agree that Aurum has agreed to provide the Client with the second hand goods and calculated the price of the second hand goods in reliance of this clause.
- Aurum may in its absolute discretion accept non-defective Goods for return in which case Aurum may require the Client to pay handling fee of up to 30% of the value of the returned goods, plus any freight costs.
- Notwithstanding anything contained in this clause Aurum is required by law to accept a return then Aurum will only accept a return on the conditions imposed by the law.