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Terms and Conditions of Trade
These terms and conditions of trade relate to the supply of products by Marshall Holdings (NSW) Pty Ltd trading as Marshall Timber Traders (Marshall Timber Traders) to its Customers (You). By submitting an order to Marshall Timber Traders, You indicate your acceptance of these terms and conditions of trade. Marshall Timber Traders may amend these terms and conditions of trade by providing written notice to You. The amendment will take effect immediately for all new orders placed and for any products already supplied thirty (30) days after we send You the written notice of the amendment.
1. Quotes
- 1.1 All Quotes provided by Marshall Timber Traders are subject to acceptance within fourteen (14) days.
- 1.2 Marshall Timber Traders reserves its right to withdraw Quotes at any stage before the Quote has been accepted by the Customer.
- 1.3 Quotes provided by the Company do not constitute an offer to supply the Products.
- 1.4 Quotes are subject to availability. Availability will not be confirmed until an order is placed.
2. Orders
- 2.1 Any Orders placed are an offer by You to purchase the Products of Marshall Timber Traders.
- 2.2 Marshall Timber Traders reserves the right to accept or decline any order from You in its absolute discretion.
- 2.3 An invoice will be issued to You upon acceptance of the order. Invoices must be paid in accordance with Clause 3 of these Terms and Conditions.
- 2.4 Amendments to orders requested by You may incur a processing fee. Marshall Timber Traders will advise You at the time
of the amendment if the fee will be applied and the value of the fee.
- 2.5 No refunds will be given if you cancel a special order (made to order products) or orders placed with an external supplier
on your behalf after the order has been accepted by Marshall Timber Traders.
- 2.6 You have an obligation to ensure the products you are ordering are suitable for the use you require them for.
3. Terms of Payment
- 3.1 Payment of all Cash Invoices, inclusive of "Special Orders" must be received by Marshall Timber Traders prior to the order being processed.
- 3.2 Payment of Account orders must be paid in accordance with the Terms and Conditions of the account.
- 3.3 Payment of all invoices made using the Credit option when using Mastercard or Visa will incur a surcharge. The surcharge is currently 1.1% as noted on the Invoice and is subject to change.
4. Title and Risk
- 4.1 Any products delivered to You by Marshall Timber Traders under a credit arrangement remain the sole and absolute property of Marshall Timber Traders as its legal and equitable owner until the invoice has been paid in full. You acknowledge and consent to being in possession of all the goods specified on the Invoice as bailee for Marshall Timber Traders and You confirm Marshall Timber Traders may register its interest in the goods on the Personal Property Security Register.
- 4.2 Risk in the products will pass to You immediately after the goods leave Marshall Timber Traders’s premise. Where a courier or other third party carrier is engaged to deliver the goods to You, the courier or other third party carrier which will act as your agent. Marshall Timber Traders will not be liable for any loss or damage to the products that occur in transit.
5. Returns and Refunds
- 5.1 All return and refund requests must be lodged in writing within forty-eight (48) hours of delivery of the products to You. It is your responsibility to inspect the goods within forty- eight (48) hours to detect and advise Marshall Timber Traders of any claims.
- 5.2 You may return defective goods or any goods which are not in accordance with its description and obtain a credit for the
value of those goods or a replacement of the goods provided as follows:-
- a.) That the goods returned are in the same condition as they were when delivered to You;
- b.) That the risk in the goods remains with You until the products are received by Marshall Timber Traders and Marshall Timber Traders
reserves the right to charge a restocking or return fee as may be deemed appropriate by Marshall Timber Traders in the circumstances;
- c.) Should any issues of quality arise outside the above time frame, then each case will be treated as an individual assessment and
it would be at the discretion of Marshall Timber Traders as to whether or not the claim will be acceptance; and
- d.) The goods are not subject to the provisions set out in Clause 5.2 (a-e)
- 5.3 Returns will not be accepted and refunds will not be processed in any of the circumstances as follows;-
- a.) You will not be able to return any special orders or orders placed with an external supplier on your behalf;
- b.) You will not be able to return any orders because You made the wrong selection;
- c.) You will not be able to return any orders because You changed your mind;
- d.) You have not used the products within a reasonable timeframe and they have deteriorated.
- e.) There is any shortage in the products less than one (1) percent of the total order. You must notify Marshall Timber Traders of any shortages in writing within forty-eight (48) hours from receiving the goods.
6. Storage Fees
- 6.1 Marshall Timber Traders reserves the right to charge You a storage fee of ten (10) percent of the total invoice cost for orders that are not collected within a two (2) week period of notification that products are ready to be collected. Marshall Timber Traders reserves the right to charge the storage fee of ten (10) percent for every two (2) week period that the products remain on its Premises.
7. Disputes
- 7.1 Any disputes between Marshall Timber Traders and You regarding any defects to the products or complaints are to be resolved by way of an agreement between Marshall Timber Traders and You.
- 7.2 If Marshall Timber Traders and You fail to reach an agreement within thirty (30) days of You issuing notice of a complaint in writing, a qualified third party inspector will be appointed to inspect the products to determine if there is a defect. The cost of engaging a third party inspector will be the responsibility of You.