Terms and Conditions

1. General

In these conditions, “us” means LTK & Co PTY LTD ACN 626 552 001 trading as Just Skirting. “You” means the buyer of our goods. “Goods” means any goods invoiced on our Invoices.

 

 

 

2. Buyer’s Statutory Rights

These conditions of sale shall not exclude, limit or modify the rights, entitlement and remedies conferred upon you or the liabilities imposed upon us, by any condition or warranty implied by a Commonwealth, State or Territory Act or Ordinance, rendering void or prohibiting such exclusion, limitation, restriction or modification.

 

 

 

3. Warranties

Subject to Condition 2:

(a) We warrant that the goods supplied shall be of merchantable quality. All goods are supplied subject to this warranty only and any liability arising out of or in respect of the supply, re-supply, use or re-use whether singularly or otherwise of the goods, howsoever, arising and whether for consequential loss or otherwise, and including any liability we may otherwise have had by virtue of any representation, warranty, condition or term, whether express or implied by law is hereby excluded.

(b) Any liability incurred by us to you is limited to the replacement of the goods or (at our option) refund of the price paid by you and in particular does not extend to consequential loss and is conditional upon you making a written claim to us within the exact time of delivery or pick-up, setting out the full particulars of such claim and returning to us the goods to enable a proper examination.

 

 

 

 

4. Delivery

(a) Any advice given as to the intended date or time of delivery is given subject to availability of the goods and our capacity to effect delivery. We accept no responsibility should the goods not be delivered at the time or on the date advised. We may withhold delivery until the goods are paid for.

(b) We do not need to obtain a signed receipt from anyone at the place nominated for delivery by you but if we do obtain a receipt from someone we believe to be authorised by you to sign for the goods, then such signed receipt shall be conclusive evidence that the goods were delivered and that their condition and fitness for the purpose they were supplied are satisfactory to you.

(c) In the case we allow an exchange or refund you agree to pay us a re-stocking fee at the rate advised by us.

 

 

 

 

4.1 Shipping Conditions

(a) Orders will only be delivered after full payment has cleared into our account, or in the case of an account holder the invoice for the goods has been sent to the buyer

(b) Claims for damaged products must be made upon arrival or pick up of your order.

 

 

 

5. Risk

The risk of the goods shall pass to you upon delivery.

 

 

 

6. Property

(a) Property in and legal ownership of the goods shall remain with us and you shall hold the goods.

(i) As fiduciary owner; and

(ii) In such fashion that they can be recognised as belonging to us until such time as we receive payment for the Goods.

(b) If you:

(ii) Use the goods in the manufacture of another item or items, so that the goods become a constituent part of another item or items, then the ownership in the new item or items shall vest in us until full payment is made to us for the goods.

(iii) Sell the goods, you agree to do so as our agent in the ordinary course of your business. The proceeds of sale are held on our behalf until payment is made to us in full for the goods.

(iv) Do not pay for the goods or if we believe you may not pay for the goods, we may retake possession of the goods or the item or items of which the goods form part.

(c) You authorise us to enter or re-enter the site nominated for delivery of the goods should it become necessary for us to retake possession of them.

(d) You indemnify us against any claim for damage arising from the entry of our vehicles onto the property nominated for delivery of the goods.

 

 

 

8. Refunds & Exchanges

We do not offer refunds, exchanges or credits under the following circumstances:

(a) If you simply change your mind, decide you have no use for the goods or do not like them,

(b) If you are buying pre-inspected goods with no obvious faults, or known damaged goods,

(c) If you damage the goods by using them in a way they were not meant to be used,

(d) If you cut or manufacture the goods before a claim is made.

(e) In the case we do allow a refund, the full “online transaction fee” plus a $65 restocking fee and a delivery fees for pick up if the goods are required to be picked, will be deducted from the refund amount.

 

 

 

9. Applicable Law

This agreement which includes these conditions is made in the State, of Western Australia and any dispute shall be determined in the courts of that State.

 

 

 

10. Severance

In the event that the whole or any part or parts of any of these conditions is held to be void or unenforceable in whole or in part such condition or part thereof shall to that extent be severed from these conditions but the validity and enforceability of the remainder of these conditions shall not be affected.

 

 

 

11. Product Details & Description

(a) Our products are listed in nominal sizes as per industry standards. If you require actual sizes of a particular product, please enquire with us online before making a purchase.

(b) We strongly recommend you inspect the true physical samples at our workshop prior to purchasing goods. Images posted online and on our brochures cannot be taken as a representation of our colours or patterns and are to be used as a guide only. We accept no liability for any dissatisfaction you may have with a colour or pattern.
(c) Products that are painted in custom colours as specified by the buyer, are matched according to the paint suppliers colour library, but may slightly vary due to the difference of the brand of white base paint being tinted into. We recomend you bring in a sample of the colour to confirm before purchasing.

 

 

 

12. Payments

(a) We accept payment in card, cash or direct bank transfer. (1.8% surcharge is applicable on credit card)

(b) All payments must fully clear into our account before an order can be picked up or shipped unless the buyer holds a credit account with us.

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