Terms and Conditions of Sale

1.1 Currency: These terms and conditions of sale (Terms) apply to the supply of all Goods and/or Services by us to you from the date that you accept these Terms. 1.2 Acceptance: You accept these Terms when: 1.2.1 You submit an Order; 1.2.2 You accept delivery of, or any part of, the Goods ... read more

2.1 Requesting a Quote: You may request a Quote from us relating to the potential supply of Goods and/or Services. 2.2 Providing a Quote: We may provide you a Quote for the potential supply of Goods and/or Services. The Quote may include the price, quantity of the Goods and/or Services propose ... read more

3.1 Price: The price charged and payable for the Goods and/or Services shall be the price in Australian dollars advertised on our website at the date we accept the Order, together with any applicable taxes, charges and delivery costs regarding the Goods and/or Services. 3.2 Variation of Price: ... read more

4.1 Invoice on Delivery: Unless we otherwise agree, we will issue you an invoice upon delivery of the Goods and/or Services specified in your Order. 4.2 Payment Terms: For credit account customers payment is due 30 days End of Month (EOM). Prepaid customers are required to make payment up fron ... read more

5.1 Default Interest: If you fail to make a Payment in accordance with clause 4 (Payment), we may charge Default Interest at the rate of 20% per annum. 5.2 Payment of Default Interest: Default Interest pursuant to clause 5.1 shall be: 5.2.1 payable on demand; and 5.2.2 calculated daily from th ... read more

6.1 An Order for made-to-order Goods cannot be cancelled or amended after a 24-hour cooling off period. 6.1.1 Subject to statutory rights, the made-to-order Goods may vary from batch to batch and refunds will not be made for Goods that have shade variation within the accepted shade variation o ... read more

7.1 Delivery: Delivery of the Goods occurs when you pick up or we deliver the Goods to you, your agent or nominee or to a carrier commissioned on your behalf at the place specified by you, or as otherwise agreed. 7.2 Timing of Delivery: In general, we allow 10 business days to prepare your ord ... read more

8.1 Cancellation or Amendments to Orders by You: You may not cancel an Order, or any part of it, unless: 8.1.1 it is cancelled within the 24-hour cooling off period (in the case of made-to-order Goods). 8.1.2 it is a stocked item and we give our written consent; and 8.1.3 you pay to us (if req ... read more

9.1 This clause 9 is subject to clause 10 (Exclusions + Limitations), clause 11 (Statutory Rights) and any other statutory or legal right whether under these Terms or otherwise. 9.2 Returns: You must inspect the Goods upon Delivery within 24 hours for quality, breakages, colour, design, shade ... read more

11.1 Statutory Rights: Certain statutory guarantees, warranties and rights may apply to your purchase of Goods and/or Services from us as provided by relevant laws but subject to these Terms as applicable and where permitted by relevant laws. 11.2 No Restriction: Nothing in these Terms exclude ... read more

12.1 Subject to the PPSA: The provisions of this clause 12 are subject to the provisions of the PPSA and clause 13 (Security Interest). 12.2 Possession as Bailee: After delivery of the Goods, until the full Payment has been made you shall possess the Goods as bailee only. 12.3 Title: We will r ... read more

10.1 ACL Exception: The exclusions and limitations in this clause 10 are subject to clause 11 (Statutory Rights). 10.2 Excluded Rights: All express or implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise), relat ... read more

13.1 Security Agreement: This clause 13 sets out the Security Agreement between you (as grantor) and us (as secured party). 13.2 Creation of Security Interest: You grant to us a security interest (Security Interest) in the Goods supplied by us to you, including all related proceeds (Collateral ... read more

14.1 Your Intellectual Property: If you provide us with Material to be used in the supply of the Goods and/or Services: 14.1.1 you warrant and represent to us that our use of any Materials will not infringe the Intellectual Property Rights of any third party; and 14.1.2 you indemnify and will ... read more

15.1 Prices Inclusive of GST: Unless otherwise agreed, prices are inclusive of GST. 15.2 Issue of Tax Invoice: We will issue a tax invoice for any taxable supply to you, which will enable you, if permitted by the GST Law, to claim a credit for GST paid by you. 15.3 Third Party Supplies: If GST ... read more

16.1 Discontinuance of Products: We reserve the right to discontinue certain Goods at any time without prior notice. 16.2 Delivery Time: Delivery times are subject to change at our discretion. 16.3 Indemnity: You agree to indemnify and keep us indemnified in respect of all damages, losses, cos ... read more

17.1 Personal Pronouns: Except where the context otherwise provides or requires: 17.1.1 the terms we, us or our refers to Southern Cross Ceramics Pty Ltd (ACN 006 711 646) trading as Southern Cross Ceramics of 28 Dunlop Road, Mulgrave, Victoria 3170, Australia; and 17.1.2 the terms you or your ... read more