Rogerseller

Terms and Conditions

CONDITIONS OF SALE

1. Goods shall be paid in full prior to delivery / collection unless there is an agreement in writing between the purchaser and the vendor to do otherwise.
2. Ownership of the goods hereby sold shall remain with Rogers Seller & Myhill Pty Ltd (“RSM”) until payment in full by the purchaser of all monies owing by the purchaser to RSM at the date of each invoice whereupon property shall pass to the purchaser. The purchaser shall store the goods separately from the purchaser’s own goods and mark them to indicate that they are the property of RSM. Until the goods are paid for in full, the purchaser is only authorised to sell the goods as agent for RSM and shall pay the proceeds of sale into a separate bank account from which account the purchaser shall account to RSM for the full price of the goods. The purchaser acknowledges that it holds the goods as bailee for RSM and that a fiduciary relationship exists between them. In the event of default in payment of any amounts due to RSM at the date of each invoice, RSM shall have the right in its absolute discretion without further notice to enter the site or premises where the goods may be (without liability for trespass) and to re-take possession of and sell the goods and apply the proceeds in reduction of the customer’s liability to RSM which shall bear no liability for any damage to the site or premises arising in the course of such removal. If the purchaser uses the goods, the purchaser shall pay such part of the proceeds of any sale or payment received by it as represents the total price of the goods used in the manufacture or construction to RSM forthwith.
3. The goods hereby sold shall be at the risk of the purchaser from the time of delivery in respect of any loss or damage thereto.
4. The purchaser acknowledges that the goods hereby sold have been selected by it from the vendor’s range of products in accordance with the purchaser’s stated requirements.
5. Insofar as permitted by law, the vendor’s liability for breach of certain conditions and warranties implied by statute or otherwise in any contract between the vendor and purchaser shall be limited at the vendor’s discretion, to the repair or replacement of such of the goods hereby sold as are allegedly defective or the payment of the cost of such repair or replacement or supply of equivalent goods. The vendor shall be under no liability to the purchaser for any consequential loss of any nature whatsoever.
6. In the event that problems are encountered with installing rogerseller products, and the installer does not contact rogerseller for assistance / clarification at the time of encountering such problems, RSM will not be liable for any additional, ancillary or consequential expenses / charges associated with installation.
7. In respect of any warranty applicable to the goods hereby sold, no claim by the purchaser, whether for alleged damaged or defective goods, shortage or for any other cause whatsoever, need be recognised by RSM (and all such claims shall be deemed absolutely waived by the purchaser) unless notified in writing to and received by RSM within fourteen days after the date of delivery.
8. Quantities estimated from plans can never be accurate. Quantities quoted by our staff are approximate and no responsibility will be accepted in this regard. The purchaser assumes all responsibility for ordering the correct quantity of goods and the vendor shall in no way be responsible for any loss the purchaser may suffer due to the ordering of an incorrect quantity of goods.
9. No claims will be accepted by the vendor in respect of variation in size, shade or gauge of tiles after tiles are fixed.
10. The following conditions must be observed if the goods hereby sold are returned for credit or exchange:
    a) this tax invoice must be produced.
    b) the goods must be returned within 14 days of delivery.
    c) the goods must be in saleable condition and in original cartons.
    d) the goods must be current stock
    e) the goods must match in shade to current stock.
    f) the goods must not have been fixed, installed or damaged in any way.
    
    Subject to the observance of the above conditions a credit will be issued at the purchase price less 15% for handling charges.
11. Items ordered with the product code of “special” cannot be returned for credit or exchange as they are custom made or specially ordered to the purchaser’s specifications.
12. The vendor reserves the right to change the price of goods, charge a storage fee or request a holding deposit for orders that are over 4 months old.

PRIVACY POLICY

1. The information that you have provided with this order (or quotation) may be used to produce a database for the marketing of our products. If you would prefer not to be included in such a database please advise us in writing.
2. A copy of our privacy policy is available on the Rogerseller website (www.rogerseller.com.au).