The contract for the sale of concrete or terracotta roofing tiles by Bristile Roofing is made upon and subject to the following terms and conditions unless expressly altered, amended or added to by arrangement in writing:

1. TERMS
1.1 An order placed by a customer (“CUSTOMER”) is subject to these conditions of sale unless otherwise expressly agreed to in writing by Bristile Roofing (East Coast.) Pty. Ltd. ABN 77 090 775 634 (“COMPANY”)

2. ACCEPTANCE
2.1 This estimate is valid provided the roof is fixed within 90 days of the issued date noted on the estimate.

3. TRADING TERMS
3.1 Terms are strictly cash before delivery unless either:
(a) Prior credit arrangements have been made strictly in accordance with the Company’s Credit policy; or
(b) The Company’s enforcement of the requirement for payment before delivery would be contrary to the provisions of the Building Services Corporation Act 1989 (N.S.W) or similar legislation enacted in any other state or territory from time to time in which event the amount payable by the customer prior to the fixing of the tiles shall be the maximum amount permitted under the relevant legislation.

4. CREDIT POLICY
4.1 The Company’s Credit Policy is payment by the end of the month immediately following the month of delivery.
4.2 The Customer shall not in any circumstances withhold payment of the estimated price at the time it is to be paid under these conditions on the basis that the total supply and fixing of the tiles has not been completed as at the date required for payment and the customer hereby waives any right in that regard in favour of the Company. Subject tothe limitation imposed on the Company by Clause 3.1 (b) of these conditions.

5. BREACH
5.1 Failure to comply with any of the agreed terms of payment shall constitute a breach of contract and the Company may treat the whole contract as repudiated.
5.2 The Company may refuse to deliver further goods to the Customer until such time as the Customer has remedied its default under this clause and such refusal is without prejudice to any other rights the Company may have.

6. EXCLUSION
6.1 The Company shall not be liable for damages in respect of consequential damage or loss to person or property arising out of alleged defects in the goods or workmanship supplied.

7. DELIVERY
7.1 Where tiles or other goods are delivered to vacant or unattended sites and a receipt for delivery cannot be obtained by the Company’s carrier, the Customer accepts responsibility for any shortages that may arise.
7.2 In the event that the Company is only able to deliver part of the goods ordered, the Customer agrees to accept the goods delivered and to effect payment when due of that proportion of the purchase price which is applicable.
7.3 The estimate assumes that the stacking of the tiles can be effected within 8 metres of the building being constructed on the site. Should this not be possible, all costs incurred will be to the Customers account.

8. TITLE
8.1 Property in all of the tiles and other materials supplied pursuant to these conditions shall pass to the Customer when full payment has been received by the Company or on attachment to other goods or on the sale of the goods in the ordinary course of trade, whichever occurs first.
8.2 Until property passes to the Customer, the Customer acknowledges that it is in possession of each unit of the goods solely as bailee for the Company and in that capacity shall store the goods separately from the Customer’s own goods or those of any other person and in a manner that renders the goods clearly identifiable as goods of the Company and maintains the state and condition in which the goods were received.
8.3 The Company may, without prejudice to any of its rights and without previous notice, retake and resume possession of all goods which remain the property of the Company and may for that purpose by its servants and agents enter upon the Customer’s premises or any other place where goods may be upon the occurrence of one of the following events:
(a) The Customer commences to be wound up or is placed under official management or a receiver is appointed or an encumbrancee takes possession of its undertaking or property or any part thereof; or
(b) The Customer becomes insolvent or bankrupt or commits an act of bankruptcy or makes an assignment for the benefit or a creditor; or
(c) The Customer fails to pay the whole or part of the purchase price or transport or other charges for any unit of the goods supplied under these conditions when due and payable; or
(d) The Customer is in breach of any other of these terms and conditions.

9. CONSUMER SALES
9.1 All representations, warranties or conditions not expressly contained herein of any nature or kind whatsoever are hereby excluded to the extent that the Customer and the Company herein named are in law capable of agreeing to such exclusion.
9.2 In so far as any agreement between the parties provides for the supply by the Company of goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption to a consumer within the meaning of that term as contained in section 4B of the Trade Practices Act 1974 or for the supply of goods of that type to a Seller within the meaning of that term is contained in Section 74H of the Trades Practices Act 1974 the liability of the Company for any breach of any conditions or warranty forming part of such an agreement is limited to:
(a) In the case of goods, any one or more of the following at the option of the Company:
(i) The replacement of the goods or supply of equivalent goods;
(ii) The repair of the goods;
(iii) The payment of the cost of replacing the goods or acquiring equivalent goods;
(iv) The payment of the cost of having the goods repaired;
and
(b) In the case of services supplied to a consumer, any one or more of the following at the option of the Seller:
(i) The supplying the services again;
(ii) The payment of the cost of having the services supplied again.

10. PRODUCT/SERVICE WARRANTY
10.1 The Company warrants that the tiles supplied conform to the requirements of Australian Standards Association Specification No. 1757 - 1989. This warranty shall not give rise to any claim by a customer other than those provided for in these conditions.
10.2 The Company agrees to make good any defect in the fixing of the tiles directly resulting from faulty workmanship for a period of 10 years. Please refer to our Installation Warranty for full details.
10.3 The Company agrees to replace any product that is proved defective for a period of 50 years. Please refer to our concrete tile Product Warranty and the terracotta Colour for Life Warranty for full details.
10.4 The Company accepts no responsibility for consequential loss or damage due to the supply of faulty tiles or workmanship.

11. FORCE MAJEURE
11.1 The Company shall not be liable for any failure to perform or delay in performance of the contract due to strikes, fire, explosions, floods, riots, lockouts, injunction,  interruption of transport, accidents, inability to obtain supplies, war, governmental action or other circumstances beyond the Company’s control.

12. QUANTITIES
12.1 It is the sole responsibility of the customer to check the accuracy of the dimensions and details shown on the estimate. Any costs incurred due to a discrepancy between the estimate and the actual structure will be charged to the customer at the same rate as used for calculation of the estimate.

13. PALLETS
13.1 All branded wooden pallets used for the delivery of goods remain the property of the Company at all times.

14. SUPPLY
14.1 The Company agrees to supply goods and services to the Customer subject to the Company being satisfied as to the Customer’s ability to pay within the agreed terms. If the Company is not so satisfied then it may suspend performance and terminate any agreement.
14.2 The Company shall not be liable for any damage or loss caused to the Customer arising out of suspension and termination referred to in Clause 14.1.
14.3 The Customer shall immediately pay the Company all monies owing to it upon any suspension or termination of any agreement by the Company.

15. ROOF STRUCTURE
15.1 The customer is solely responsible to ensure that the structure provided for tiling is constructed in accordance with all relevant Acts, By-Laws and Ordinances.

16. CUSTOMER TO PROVIDE
16.1 The Customer agrees to supply, erect and maintain all necessary cranes, scaffolding, staging and other equipment which may be required by the Company and further agrees
that this equipment conforms to all appropriate Legislation, Regulation, Ordinance or similar, governing such equipment and procedures.
16.2 Where required Legislation, Regulation, Ordinance or similar, or at the request of the Company, the Customer agrees to supply and fix safety mesh, planking or close boarding.
16.3 It is the Customer’s responsibility to supply and fix all bracing, noggings, roof framing members, tilt battens, facias, barge boards, guttering, flashing and any other fittings
reasonably requested by the Company.

17. RUBBISH
17.1 The Company accepts no responsibility for the removal of broken tiles from the site, but agrees to leave the site tidy.

18. CLAIMS
18.1 No claim for damage to the building, property or surrounds will be considered unless the Company is advised in writing within 7 days of the damage occurring.