DELGEO GROUP PTY LTD TERMS AND CONDITIONS OF TRADE
These are the entire terms and conditions for the Goods supplied by Delgeo on or after 1 July, 2011 to customers within Australia (the “Customer”). Definitions under these terms, unless the context otherwise requires:
“Delgeo” means Delgeo Group Pty Ltd.
“Customer” means the Customer as specified in the order form and any Quotations provided to prospective Customers.
“Goods” means the goods sold and purchased or agreed to be sold and purchased, pursuant to the Order.
“Order” means the Customer’s instructions to Delgeo to supply the Goods.
All orders placed with Delgeo shall only be accepted subject to these Terms and Conditions of Trade. Delgeo
may at any time, and from time to time, alter these Terms and Conditions and such altered Terms and Condition s of
Trade shall apply after notification by Delgeo to the Customer.
Payment, Credit and Prices
The Customer must pay for all the Goods before the due date stated on the invoices issued and before delivery of
the Goods can be arranged. The Customer must pay the GST and any other applicable taxes on the Goods.
All prices shall be those referred to in Delgeo’s price lists and/or arrangements current at the date of invoice and prices shall be subject to change without notice. If a default event occurs: (a) Delgeo may withhold further deliveries of Goods and/or withdraw any credit facilities; and (b) All amounts outstanding to Delgeo by the Customer, even if not otherwise due for payment, become immediately payable.
Retention of Title
Title to Goods remains with Delgeo until the customer pays to Delgeo all amounts the Customer owes to Delgeo. General Warranties and Liability
(a) for a period of three (3) months from the date of delivery, that the Goods will be free from defects in
material and workmanship, except defects normally regarded as being commercially acceptable; and (b) that the Goods will conform to the description as stated in the Quotation (a) Excludes all conditions and warranties in relation to the Goods whether imposed or implied by statute or otherwise; and (b) will not be liable for any loss, damage or injury including loss of profits and consequential loss, arising from the condition, supply or use of the Goods, or out of Delgeo’s breach of performance, whether or not caused by Delgeo’s negligence. The Customer acknowledges that it has exercised independent skill and judgment in acquiring the Goods and has not relied on any advice or representation by Delgeo or any description, illustrations or specifications contained in any document produced by Delgeo which have not been stated expressly in these terms.
Supply of Order & Stocking
If the Customer does not collect or accept delivery of the Goods within 60 days of the Goods becoming available for
delivery, Delgeo may: (a) Deliver the Goods to the Customer, in which case the delivery will be taken as a delivery pursuant to these terms; or (b) Treat the Customer as having cancelled the Order. If the Customer requests a deferment of delivery of Goods and Delgeo agrees to defer delivery, the Customer must pay the storage fee Delgeo specifies.
Cancellation and Variations
Delgeo will not accept alterations to Orders after 7 days or to those that are in production or completed, prior to
the 7 days cancellation period. If the Customer cancels all or part of an Order within 7 days of the order being placed: (a) Before Delgeo has started production or preparation of the Goods, the Customer must pay Delgeo as liquidated damages an amount equal to 10% of the price of the Goods, or (b) After Delgeo has started preparing the Goods, the Customer must pay Delgeo as liquidated damages the full price of the Goods and / or tooling cancelled, less the current scrap value of the Goods as determined by Delgeo.
The Customer must indemnify Delgeo against all damages, losses and expenses arising out of claims made against
Delgeo that the Goods, their method of manufacture or their design infringe any commercial or legislative
requirements, regulations, industrial or intellectual property rights. The Customer shall not obtain any rights in any patent or design used by Delgeo in manufacturing the goods by reason only of these terms.
Delgeo shall not be liable for any failure to perform or comply with any of these terms if that failure arises from
any circumstances beyond the control of Delgeo or without limiting the foregoing, from lockouts, strikes and
other labour disturbances (the settlement of which shall be at the discretion of Delgeo if it is a part thereof), acts of God or the public enemy, piracy, war, riot, civil commotion, acts of government agencies, earthquake,
storm, fire, lightning, unavailability of insurance at reasonable cost and non-delivery of materials from
Delgeo’s usual sources of supply.
The waiver by Delgeo of any provision or breach of any provision of these terms shall not be construed as a
waiver of any other provision or subsequent breach of the same or any provision of these terms. Unless Delgeo agrees in writing to the contrary, these terms prevail over the terms of the Customer’s Order. These terms must be construed according to the laws of Queensland. The Customer accepts the non-exclusive jurisdiction of the courts of Queensland, Australia.
Delgeo will deliver the Goods to the delivery address as specified by the Customer in the order. Customer must
inform Delgeo immediately if they have any restrictions in the delivery areas that will prevent a large truck gaining access to the delivery location. For all orders which are in stock, we aim to delivery within 3-5 days to site as required. For orders which need to be manufactured delivery is normally 6-7 weeks to site. The Customer shall pay the cost of delivery unless stated otherwise in the Order. Delivery is complete when the Goods are unloaded from the delivery vehicle. Unloading of the Goods will be at the Customer’s cost and risk. Customer representative must be present at the delivery address at the time the Goods are delivered. The representative must sign the delivery advice the driver of the delivery vehicle presents as proof of the delivery. Delgeo may at its sole discretion deliver the Goods even if the Customer’s representative is not present. If Delgeo fails to deliver a portion of the Goods by the estimated date or to deliver at all, the Customer is not entitled to terminate and refuse delivery of the balance of the Goods
Delgeo shall not incur or be held responsibility of any expenses caused by the delay in supply of goods. All care
and responsibility are taken to ensure that goods are delivered on time. Delivery dates are estimations based on current information and are liable to change in certain cases. Please use the estimate as a guide only to assist you in your planning. Please note that the delivery of the Decker products will only be to the ground of the delivery address immediately by the closest loading area of the truck. Delivery charges are for one delivery only. If for any reason it is a failed delivery, additional delivery costs may be charged in full to customer. Scheduled deliveries can only be moved by client with a minimum of 3 days written notice. If the Goods are sold ex–factory, the Customer must, at its own cost and risk, collect the Goods within reasonable time.
All orders shall be deemed to be accepted by the customer upon delivery of the product at the customer’s site.
The Customer will be taken to have adequately inspected the Goods upon delivery and waived any claim which it
may have against Delgeo unless: (a) The Customer gives Delgeo written notice of the claim within 2 days after delivery of the Goods; and (b) Delgeo is given a reasonable opportunity to investigate the claim. Please make sure that the quantity and condition is checked off with the driver and that the products are stored on a flat ground and undercover. Any damage must be marked on the sheet prior to the driver leaving for any future claim. Please be aware that we do typically send damaged stock if minor, but will add additional replacement stock to account for this if this is the case. Limited Residential Warranty The wood plastic composite Goods from Decker will typically give years of serviceable life as an outdoor deck, cladding or screening, when managed and install led correctly.
Decker solid decking products warranty period is 12 years from date of purchase. Decker wall cladding and screening products warranty period is 7 years from date of purchase. Decker hollow decking products warranty period is 3 years from date of purchase. Note, that hollow products can not be installed within 2 meters of water and must have
400mm support centers. No other Decker Products are covered in this warranty. The following warranty in terms of quality is issued by the manufacturer and supplier of Decker to assure the quality for the use of Decker’s Products in decking and cladding installations and structures. If Decker Products: Rot, Split, Crack, Splinter or suffers structural damage from termites within the relevant Warranty Period, we will at our sole option, either replace the affected product or refund the amount paid for it to the owner according to the fair wear and tear clause (detailed on our website) of the product only on the condition that; i) Decker Goods was handled, managed and installed
exactly in accordance with our fitting and care instructions AND ii) The owner of the Product provides
evidence of the defect.
The replaced Product will be covered until the original Warranty Period has expired, or the refunded amount will
become full and final settlement of the claim and closure of the Warranty Period.
What is not covered?
Labour, freight, replacement, removal or any other costs associated with the defective Product are not payable under this warranty, nor is any claim where the Goods are found to have had an incorrect installation including but
not limited to the sub-structure or ground preparation, gap sizing, ventilation heights and allowance or location
requirements of the Product. Damage caused negligently, intentionally or recklessly is not covered by this warranty. No cracking or splitting will be covered by this warranty if it occurs within 20mm of the edging of the Product, or if face fixed, within 20mm of the fixing. Damage caused by using third party cleaners or other liquids or oils are not covered by this warranty. Please note that only solid products can be
Decker Goods have UV protection, however, please bear in mind that over time there will be a fading of colour due
to the sun, this is a natural effect and is not covered under this warranty. Variations in colours or patterns of
the Decker Goods are not covered in this warranty and note that colours may be slightly different to those shown
on our website, in catalogues or on samples. Fungal growth (mould/mildew) or staining of any type is not a warranty issue and is not covered in this warranty. When Goods are stored, moisture trapped between and on the boards may lead to staining or soiling which is not easily removed without cleaning. Delgeo will not be liable for any loss or damage the Customer sustains due to storage instructions not being followed correctly. Damage caused by, or as a consequence of force majeure including fire, flooding, earthquakes, lighting or storms is not covered by this warranty.
In above mentioned causes, consumers can’t claim from Decker on the grounds that we have not offered enough
knowledge of installation and operation. Technical advice should be taken by the installer and end consumer at all
times to perform the proper installation of Decker Goods in your particular instant.
Any issue or perceived issue with product failings must be raised by writing within 7 days directly with Delgeo for us to resolve. We will aim to resolve all warranty issues within 21 business days. Show Sites and Reference Clients
If you are an approved show site, please note the following conditions; (a) You must agree to allow up to 6 visits within a three year period by prospective Decker customers to show off your deck. (b) You agree to photos of your deck (before if relevant, and after) being provided by you and pass ownership of these images to Delgeo for our non-infringed usage.
Support our Schools Programme
As part of the SOS Programme, it is necessary to display the Decker marked boards within the finished area.
Fitting Instructions, Important Please make sure that prior to receipt of your order, that you download the latest fitting instructions from our website as sometimes the fitting instructions may be lost in transit. Take particular care to store the Goods in a flat and dry area out of direct sunlight. We appreciate your business and hope you are very happy with the end result. If there is anything we can do to improve, or you would just like to drop us some pictures of your great new deck, please email us at firstname.lastname@example.org or post directly on www.facebook.com/deckerdecking