TERMS AND CONDITIONS OF SALE

WA Kajaria Ceramics and the Customer agree in writing that these Terms are incorporated into and form part of any contract between WA Kajaria Ceramics and the Customer for the supply of Goods by WA Kajaria Ceramics.

Definitions

In these Terms, unless the contrary intention appears:

• Australian Consumer Law means the Australian Consumer Law contained in Schedule 2 to the Competition and Consumer Act 2010 (C’th).
• WA Kajaria Ceramics means WA TRADING COMPANY PTY.LTD (ABN 74 652 372 926) and any of its “Related Bodies Corporate” and “Associated Entities” as such terms are defined in the Corporations Act 2001 (C’th).
• Customer means the party or parties entering the Contract with WA Kajaria Ceramics.
• Commercial Credit Trade Account Customer means a customer who has entered into an agreement called a Commercial Credit Trade Account with WA Kajaria Ceramics.
• Goods means any tiles and related products (including any other type of wall and floor tiles), extending to kitchenware and bathroom-ware and also including products such as tools, adhesives, grouts and any other ancillary or associated products supplied by WA Kajaria Ceramics to the Customer and further extending to the supply of tools or equipment on a hire-charge basis.
• Terms mean these terms and conditions.

Contract

• The Contract and these Terms constitute the entire agreement between WA Kajaria Ceramics and the Customer. The Contract and these Terms supersede all prior negotiations, representations, understandings, arrangements, and agreements (whether oral or in writing).
• In all circumstances, the Contract and these Terms will prevail over the Customer’s terms and conditions (if any) unless WA Kajaria Ceramics agrees in writing to be bound by the Customer’s terms and conditions or any of them.
• To the extent that there is any inconsistency between the Contract and these Terms, these Terms prevail unless and to the extent only that WA Kajaria Ceramics otherwise agrees in writing PROVIDED ALWAYS if WA Kajaria Ceramics supplies Goods to a Commercial Credit Trade Account Customer. The terms and conditions of sale incorporated into the Commercial Credit Trade Account shall prevail to the extent of any inconsistency or conflict with these Terms.

Prices

• The price for the supply of Goods will specify in the invoice or account issued by WA Kajaria Ceramics to the Customer.
• Unless otherwise stated, the price for the tiles supplied by WA Kajaria Ceramics will be on a per square metre basis.
• WA Kajaria Ceramics may increase the price of Goods if the price increase results from the introduction of any legislation, regulation, or government policy.
• Unless otherwise stated:

• The price for the Goods agreed in the Contract and any other amount payable under the Contract or these Terms shall be inclusive of any tax payable according to A New Tax System (Goods and Services Tax) Act 1999 (Cth) (‘GST’).

• The Customer will be required to pay WA Kajaria Ceramics an amount equal to the GST (which will include in the invoice or account issued) in addition to the price or any relevant other amounts.