Terms and Conditions of Sale & Website Use
1. Definitions
In these Terms and Conditions:
- “Supplier” means Decking Wood QLD (ABN 94 932 837 665), also referred to as DWQ.
- “Client” means any person, company, or entity purchasing Goods from the Supplier.
- “Goods” means all products and/or services supplied by the Supplier.
- “Price” means the amount payable for the Goods as agreed between the Supplier and the Client.
- “Special Orders” means Goods that are not held in stock and are procured from third-party suppliers specifically to fulfil a Client’s order.
2. Acceptance of Terms
By accessing this website or placing an order with the Supplier, the Client agrees to be bound by these Terms and Conditions. These Terms apply in conjunction with any other terms expressly agreed in writing by the Supplier.
3. Website Use
This website is owned and operated by the Supplier. The Supplier reserves the right to amend or update the content of this website, including these Terms, at any time without notice.
4. Products and Services
The Supplier provides building materials including, but not limited to, decking, screening, cladding, structural timber, pergola materials, plywood, and hardware.
Product availability, specifications, and pricing are subject to change without notice.
5. Orders
5.1 All orders are subject to acceptance by the Supplier.
5.2 The Supplier reserves the right to refuse or cancel any order at its discretion prior to delivery.
5.3 The Client is responsible for ensuring all order details, quantities, and specifications are correct at the time of purchase.
6. Price and Payment
6.1 All Prices are as quoted by the Supplier and are subject to change without notice.
6.2 Payment must be made in full prior to delivery or collection unless otherwise agreed in writing.
6.3 Payment is not deemed received until funds have cleared in the Supplier’s nominated bank account.
7. Delivery
7.1 Delivery times are estimates only and may vary due to operational requirements.
7.2 The Supplier is not liable for any loss or damage arising from delivery delays.
7.3 If the Client requests delivery to an unattended location, the Goods are left entirely at the Client’s risk.
8. Risk and Title
8.1 Risk in the Goods passes to the Client upon delivery or collection.
8.2 Title in the Goods does not pass to the Client until:
(a) full payment for the Goods has been received by the Supplier; and
(b) all other amounts owing by the Client to the Supplier have been paid in full.
9. Inspection and Acceptance
9.1 The Client must inspect the Goods immediately upon delivery or collection.
9.2 Any visible defects, shortages, or discrepancies must be reported in writing prior to acceptance.
9.3 Failure to notify the Supplier constitutes acceptance of the Goods.
10. Returns and Special Orders
10.1 Special Orders are non-cancellable and non-refundable once procurement or production has commenced.
10.2 Returns of standard stock items are subject to the Supplier’s approval and may incur restocking fees.
11. Pickup and Loading
11.1 All Goods must be paid for prior to collection.
11.2 The Client is responsible for ensuring that their vehicle is suitable for the load and that Goods are safely secured.
11.3 The Supplier may assist with loading but accepts no liability for damage or loss arising from loading or transport.
12. Transport Safety
The Client agrees to comply with all applicable transport and load restraint laws and guidelines, including ensuring that:
- Loads are properly secured;
- Weight is distributed evenly;
- Vehicles are not overloaded; and
- Loads are stable prior to departure.
13. Limitation of Liability
13.1 To the maximum extent permitted by law, the Supplier excludes all warranties, conditions, and representations not expressly stated.
13.2 Where liability cannot be excluded under the Australian Consumer Law, the Supplier’s liability is limited to:
(a) replacement of the Goods;
(b) repair of the Goods; or
(c) refund of the purchase price, at the Supplier’s discretion.
14. Intellectual Property
All designs, drawings, specifications, and documents created by the Supplier remain the property of the Supplier and must not be reproduced or used without prior written consent.
15. Client Warranties and Indemnity
15.1 The Client warrants that any specifications or instructions provided do not infringe the intellectual property rights of any third party.
15.2 The Client indemnifies the Supplier against any claims, damages, or losses arising from such infringement.
16. Cancellation
16.1 The Supplier may cancel any order prior to delivery by written notice and will refund any monies paid.
16.2 The Supplier is not liable for any indirect or consequential loss arising from such cancellation.
16.3 Orders for customised or Special Order Goods cannot be cancelled once processing has commenced.
17. Governing Law
These Terms and Conditions are governed by the laws of Queensland, Australia. The parties submit to the exclusive jurisdiction of the courts of Queensland.