terms and conditions

1. INTERPRETATION

1. 1.1 Defined terms will begin with a capital letter and have the following meaning unless some other meaning is plainly intended:
   1. (a) Matilda Veneer means Matilda Veneer Pty Ltd ABN 97 011 044 054 of 18-22 Activity Crescent, Molendinar, in the State of Queensland, Australia.
   2. (b) Customer means the purchaser of Goods from Matilda Veneer and referred to by name, ABN, and physical address as stated in the acceptance of this document.
   3. (c) Goods means the timber products and other goods and merchandise supplied by Matilda Veneer from time to time.
   4. (d) Quote means the quotation for the supply of Goods by Matilda Veneer to the Customer or any other document supplied by Matilda Veneer to the Customer which specifies the price at which the Goods will be sold.

2. APPLICATION AND VARIATION

1. 2.1 These conditions shall prevail over all conditions of the Customer’s order to the extent of any inconsistency, and may only be waived or varied in writing signed by Matilda Veneer.

3. ORDERS

1. 3.1 Once an order and/or purchase has been placed, it is considered final and may not be cancelled without the consent of Matilda Veneer.
2. 3.2 Matilda Veneer does not guarantee the supply of any particular Goods or that the quantity of particular Goods ordered will be available for supply to the Customer. Matilda Veneer will not be held responsible or liable for the inability to supply an order.

4. CANCELLATIONS

1. 4.1 Subject to clause Error! Reference source not found. 1, no order may be cancelled or Goods returned except with Matilda Veneer’s prior written consent and on terms satisfactory to Matilda Veneer including, without limitation, that the Customer indemnify Matilda Veneer against all loss suffered by Matilda Veneer in cancelling an order or returning Goods (as the case may be).

5. PRICING

1. 5.1 Prices are as detailed on www.matildaveneer.com.au/shop, Quote, or as agreed with Matilda Veneer.
2. 5.2 Prices are subject to change without notice.
3. 5.3 Matilda Veneer reserves the right to refuse any order.
4. 5.4 All prices are exclusive of Goods and Services Tax (GST). Where applicable the Customer must pay Matilda Veneer GST in addition to the quoted price. Matilda Veneer shall supply a Tax Invoice to the Customer on supply of the Goods.

6. PAYMENT

1. 6.1 All online orders are prepaid. No reserving of stock, packing of orders, or delivery of Goods will be made until cleared funds are received by Matilda Veneer. It is the Customer’s responsibility to ensure that payment is successfully made via the payment options offered.
2. 6.2 Any credit card payments may incur a surcharge equal to the surcharge incurred by Matilda Veneer for the transaction. As this rate can vary based on card type used and over time, the rate is not provided in this document. Should the Customer require this information it is within their right to confirm the rate prior to the payment being processed. If the Customer waives this right, their acceptance of the rate is assumed at the time the payment is processed.
3. 6.3 Any costs incurred by Matilda Veneer in collecting monies due and payable (including, without limitations, the fee of any mercantile agencies or solicitors appointed by Matilda Veneer) will be recoverable in full from the Customer.

7. STOCK AVAILABILITY

1. 7.1 If the Goods ordered cannot be fulfilled in a timely manner or within a nominated lead time due to stock shortfalls, the Customer may request a full refund or for Matilda Veneer to supply a substitute product.
2. 7.2 In the event a substitute product is supplied which is of lower value, a refund equal to the cost difference will be made to the Customer.
3. 7.3 In the event a substitute product is supplied which is of higher value, the Customer may be required to make an additional payment equal to the difference.

8. DELIVERY OF GOODS

1. 8.1 Matilda Veneer may organise the freight of Goods for the Customer at the cost of the Customer.
2. 8.2 Matilda Veneer may use third-party freight contractors to handle deliveries.
3. 8.3 Once the Goods have left Matilda Veneer’s warehouse(s), it is the responsibility of the Customer and Matilda Veneer is not responsible for any loss or damage to the Goods in transit after dispatch from Matilda Veneer’s premises. All carriers are deemed to be agents of the Customer. Matilda Veneer recommends the Customer have insurance for road freight organized by Matilda Veneer as no responsibility will be taken for loss of, or damage to, stock in transit.
4. 8.4 Any delivery times made known to the Customer are estimates only and Matilda Veneer shall not be liable for late delivery or non-delivery including for any loss, damage, or delay occasioned to the Customer or its customers arising from late or non-delivery of the Goods.
5. 8.5 The Goods may be delivered in installments and each delivery shall be regarded as a separate contract.
6. 8.6 Deliveries will be made on business days between 7:00 AM and 5:30 PM.
7. 8.7 The Customer must have the appropriate machinery or two able people available to unload the Goods from the delivery vehicle. The delivery driver cannot be relied upon to assist with the manual unloading of Goods.
8. 8.8 Where Matilda Veneer or its contractors enter the Customer’s premises (or premises of a third party nominated by the Customer), the Customer releases Matilda Veneer for any claim in respect of damage to property, incident, injury, or death resulting from the delivery by Matilda Veneer or its contractors.
9. 8.9 If no one is available to receive the Goods, the driver may, at their discretion, leave the Goods in a safe place or choose to return the Goods to Matilda Veneer. In the event Goods are unable to be received and are returned to Matilda Veneer, a second delivery charge would be required to reattempt delivery. Goods left in a safe place become the risk and responsibility of the Customer upon set down.
10. 8.10 Matilda Veneer may refuse to deliver or arrange to deliver Goods to the Customer at their discretion.
11. 8.11 If Matilda Veneer is unable to deliver Goods due to any cause beyond its control it may suspend delivery or cancel the Customer’s order without incurring any liability for loss or damage suffered by the Customer.
12. 8.12 Matilda Veneer may levy an additional freight charge where urgent delivery is requested by the Customer.
13. 8.13 In the event of damages to Goods caused by third-party freight carriers, the Customer must notify Matilda Veneer and provide photographic evidence within 24 hours of delivery. Matilda Veneer will then manage the issue and any potential credit or corrective actions with the third-party freight carriers. Compensation will be assessed on a case-by-case basis.

9. PICK UP OF GOODS

1. 9.1 The Customer may pick up Goods only after Matilda Veneer has advised Goods are ready for collection.
2. 9.2 Pick up location is 18-22 Activity Crescent, Molendinar, 4124, Queensland, Australia.
3. 9.3 Pick up hours are 8:00 AM – 3:30 PM (Monday to Thursday) and 8:00 AM – 1:30 PM (Friday), excluding public holidays and Christmas/New Year (or other) shutdown periods.
4. 9.4 Matilda Veneer will arrange safe loading of the Goods onto or beside the Customer’s vehicle at which point all risk passes to the Customer.
5. 9.5 The Customer is responsible for the safe packing, securing, and transport of their Goods.

10. SHORTAGE / DISCREPANCIES

1. 10.1 The Customer waives any claim for shortage or discrepancies of any Goods delivered or picked up if a written and detailed claim has not been lodged with Matilda Veneer within two business days from the date of receipt of the Goods by the Customer.

11. REFUNDS & RETURN OF GOODS

1. 11.1 All online sales are final. No refunds or replacement of Goods will be issued unless the product is deemed of an unacceptable quality or specification. In such an event, the Customer must inform Matilda Veneer within two business days of their intent to claim and to request a refund or replacement.
2. 11.2 Any alteration or value-adding of the product supplied including, but not limited to, cutting, sanding, and finishing will be deemed as acceptance of the quality and/or specification of the product supplied and as such no claim will be considered.
3. 11.3 Claims for refunds due to product fault(s) will be assessed against the appropriate Standards. The decision as to whether the Customer’s claims are valid or not is at the sole discretion of Matilda Veneer.
4. 11.4 Matilda Veneer reserves the right to cancel the Customer’s order if the Goods cannot be supplied in a timely manner due to stock availability, or for any other reason at the discretion of Matilda Veneer.
5. 11.5 Matilda Veneer reserves the right to replace returned Goods of an agreed unacceptable quality or specification rather than providing a financial credit.
6. 11.6 The Customer is responsible for the cost of return of Goods.
7. 11.7 The address for all returns sold in Australia is 18-22 Activity Crescent, Molendinar, 4214, Queensland, Australia.

12. PERFORMANCE

1. 12.1 The descriptions, illustrations, and performances contained in catalogues, price lists, and other advertising materials including online do not form part of the contract for the sale of the Goods.
2. 12.2 Without limiting sub-clause 12.1, any information given by Matilda Veneer is estimates only. Other than where liability is imposed by law, Matilda Veneer shall be under no liability for damages for the Goods’ failure to attain expectations unless specifically guaranteed in writing, and any such written guarantee shall be subject to the recognised tolerances applicable to the Goods.

13. WARRANTIES, GUARANTEES AND CONDITIONS

1. 13.1 Except as required in any law which cannot lawfully be excluded or modified by agreement Matilda Veneer:
   1. (a) Makes no warranties or representations either express or implied and expressly disclaims any and all liabilities (including for consequential damages) with respect to type, quality, standard or fitness or suitability for any purpose of the Goods.
   2. (b) Expressly disclaims any and all liabilities in respect of negligence and breach of terms implied by law (including statute).
   3. (c) Does not accept any liability with respect to death, injury, or any consequential loss arising from the supply of the Goods or from the loss, theft or destruction of the Goods.
2. 13.2 If Matilda Veneer shall be under any liability whatsoever to the Customer, then whether such liability be in contract, tort or otherwise and despite any relief or remedy to which the Customer may be entitled to under any legislation or at law or in equity, such liability shall be limited to:
   1. (a) The price at which the Goods are supplied to the Customer or the actual loss or damage suffered by the Customer, whichever shall be the lesser.
   2. (b) Supplying the services again or payment of the cost of having the services supplied again.
3. 13.3 Under no circumstances will Matilda Veneer be liable for indirect or consequential loss of any kind whatsoever.
4. 13.4 Except as otherwise provided by law, no action or claim may be brought against Matilda Veneer unless notice of such claim is brought within 14 days of dispatch of the Goods to the Customer and Matilda Veneer shall be released from all or any liability unless proceedings are brought in a Court of competent jurisdiction within one year of accrual of any cause of action.

14. LIMITATION OF LIABILITY

1. 14.1 No liability whatsoever (except as provided by law) will be accepted by Matilda Veneer for any direct or indirect loss or
   damage (including loss of forecasted or actual revenue or profits, loss of livelihood or goodwill or unanticipated incurring
   of debt) relating to delivery of Goods, account suspension or closure or any other act or omission on the part of Matilda
   Veneer or any of its servants, agents or contractors. Where liability is accepted, it is limited (except as provided by law) to
   the payment of the cost of having product re-supplied.

15. GENERAL PROVISIONS

1. 15.1 This Agreement shall be construed and enforced according to the laws of the State of Queensland. The parties agree to jurisdiction of the Courts of the State of Queensland.
2. 15.2 Service of all notices under this Agreement shall be sufficient if given personally or mailed by Registered Post, return receipt requested, at the address for the party shown above.
3. 15.3 If it is held by a court of competent jurisdiction that any part of this Agreement is illegal or unenforceable then that part will be severable from and will not affect the continued operation of the rest of this Agreement.