1. Definitions
In these Terms:
"ACL" means the Australian Consumer Law Schedule of the Competition and Consumer Act;
"consumer" is as defined in the ACL;
"Contract" means any contract entered into for the provision of Goods or Services by Us to You;
"Goods" means all goods supplied by Us to You;
"Services" means all services provided by Us to You;
"Terms" means these Terms and Conditions of Trade.

2. Basis of Agreement
2.1 These Terms apply exclusively to every Contract and cannot be varied or replaced by any other terms.
2.2 We accept a Contract when We accept, in writing or electronic means, an offer from You or provide You with Goods or Services.

3. Pricing and Payment
3.1 Prices quoted for the supply of Goods and Services include GST but exclude freight, insurance and delivery charges, which are additionally at Your cost.  Delivery fees apply based on the weight and size of the Goods, and the location for delivery.  We will advise the delivery fee prior to confirmation of Your order.
3.2 Unless otherwise agreed, You must pay in full for all Goods and Services prior to the date specified for delivery.
3.3 Payment by cheque is not deemed made until the proceeds of the cheque have cleared.
3.4 We may revoke or amend payment terms by giving You notice.
3.5 The time for payment is of the essence.

4. Payment Default
4.1 If You default in payment by the due date of any amount payable to Us, then all money which would become payable by You to Us at a later date on any account, becomes immediately due and payable without the requirement of any notice to You.  We may, without prejudice to Our other rights:
(a) charge You interest on any sum due at the rate specified in the Penalty Interest Rates Act 1983 (Vic) plus 4% for the period from the due date until the date of payment in full;
(b) charge You for, and You must indemnify Us from, all costs and expenses We incur resulting from the default;
(c) cease or suspend supply of any further Goods or Services to You;
(d) by written notice to You, terminate any uncompleted Contract with You.

5. Custom Made Goods or Services
5.1 We require You to pay a 50% deposit when you order custom made Goods or Services.
5.2 Orders for custom made Goods or Services, once accepted by Us, cannot be cancelled.

6. Delivery
6.1 Any date We specify for delivery of Goods is an estimate only and not a contractual commitment.  We will not be liable to You for any failure to meet any estimated delivery date.
6.2 You must provide Us with reasonable and safe access to Your premises for delivery.
6.3 You indemnify Us against any loss or damage We suffer as a result of delivery, except where You are a consumer and We have not used due care and skill.
6.4 If delivery is frustrated (eg, if You are not at the delivery point, if You are not ready to take delivery at the time advised to You, if You ask Us to delay delivery, or if We cannot gain access to the delivery point), We may charge You storage fees and re-delivery fees.  These fees are payable by You to Us upon demand.
6.5 If delivery is frustrated for more than 1 month, We may consider Your order cancelled and exercise Our rights set out in clause 8.3.
6.6 You must inspect the Goods immediately on delivery for any signs of damage and notify Us accordingly.

7. Passing of Property and Risk
7.1 Until We receive full payment for all Goods and Services and for all other amounts owing to Us:
(a) title and property in all Goods remains vested in Us;
(b) We are not required to physically set aside particular Goods for You, and can instead select Goods from stock available at time of dispatch; and
(c) if the Goods have been delivered to You, You must hold the Goods as Our fiduciary bailee and agent.
7.2 The risk in the Goods and all insurance responsibility passes to You immediately upon the Goods being delivered to You or taken from Our premises. 
7.3 You assume all risk and liability for loss, damage or injury to persons or property (either belonging to You or third parties) arising out of the use or possession of the Goods, unless recoverable from Us due to Our breach of the ACL.

8. Cancellation
8.1 If We are unable to deliver the Goods, We may cancel Your order (even if it has been accepted) by written notice.
8.2 No purported cancellation of an order or any part of it by You is binding on Us once the order has been accepted.
8.3 If We accept Your cancellation of an order, We may retain any Deposit paid, refund all or part of Your purchase price, offer a store credit, or charge a cancellation fee (of up to 30% of the purchase price).  

9. Limitation of Liability
9.1 Except as the Terms specifically state, or as contained in any express warranty provided in relation to the Goods or Services, the Contract does not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the Goods or Services or any contractual remedy for their failure.
9.2 If You are a consumer, nothing in these Terms restricts, limits or modifies Your rights against Us for Our breach of the ACL.
9.3 If You on-supply the Goods to a person who is a consumer, then payment of any amount required under section 274 of the ACL is the absolute limit of Our liability to You, howsoever arising under or in connection with the sale, use of, storage or any other dealings with the Goods or Services by You or any third party.
9.4 We are not liable for any indirect or consequential losses or expenses suffered by You or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party, except to the extent of any liability imposed by the ACL.

10. Force Majeure
10.1 We are not liable in any way howsoever arising under the Contract to the extent that We are prevented from acting by events beyond Our reasonable control.  If an event of force majeure occurs, We may suspend or terminate the Contract by written notice to You.

11. Miscellaneous
11.1 The laws of Victoria from time to time governs these Terms.
11.2 Our failure to enforce any of these Terms shall not be construed as a waiver of any of Our rights.
11.3 If any Term is unenforceable it shall be read down to be enforceable or, if it cannot be read down, the term shall be severed from the Terms without affecting the enforceability of the remaining terms.