TERMS AND CONDITIONS
These Terms and Conditions apply to all quotations, sales and supplies of Goods and Services by Aglaé Pty Ltd unless otherwise agreed in writing.
1. DEFINITIONS
ACL refers to the Australian Consumer Law as outlined in the Competition and Consumer Act 2010 (Cth) and its associated regulations, as amended from time to time, applicable within Australia. CGA refers to the Consumer Guarantees Act 1993 and its associated regulations, as amended from time to time, applicable within New Zealand. Consumer is defined according to both the ACL and CGA, and in determining if the Customer is a consumer, the determination is made based on the Customer's status under the Agreement according to the applicable law. Customer means the person, jointly and severally if more than one, acquiring goods or services from the Supplier. Goods means goods supplied by the Supplier to the Customer. GST refers to the Goods and Services Tax as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth) for Australia and the Goods and Services Tax Act 1985 for New Zealand, and their associated regulations as amended. Order means every order placed by the Customer for the purchase of goods or services from the Supplier. PPSA refers to the Personal Property Securities Act 2009 (Cth) for Australia and the Personal Property Securities Act 1999 for New Zealand, and their associated regulations as amended. Services means services supplied by the Supplier to the Customer. Supplier refers to Aglae Pty Ltd ABN 81 685 836 579 or its registered equivalent in New Zealand. Terms refers to these Terms and Conditions, as applicable in Australia and New Zealand, incorporating any necessary modifications or supplements to comply with the laws and commercial practices of each country.
2. GOODS
Aglaé may modify, add, or remove goods in its product range without notice. This includes changes to the country of origin, materials, dimensions, and colours. Product images, drawings, dimensions and colours are provided for illustrative purposes only and may vary from the actual products. The customer is responsible for verifying that the products are suitable for their intended application prior to purchase and installation.
3. QUOTATION
Quotations provided by Aglaé are valid for 30 days, represent an invitation to treat, and are only valid if in writing. They may include additional terms that supersede these Terms in case of inconsistencies. A quotation does not constitute acceptance of an order. An order is only accepted when confirmed in writing by Aglaé. Unless otherwise stated, quoted prices excluded GST, freight, installation and any other applicable charges.
4. ORDERS
Orders placed by the Customer constitute an offer, which the Supplier may accept at its discretion. Acceptance results in a legally binding contract based on these Terms and any additional terms in the quotation. No order may be cancelled or varied without Aglaé’s written consent.
5. PRICING
Prices are exclusive of GST and other applicable taxes or duties unless otherwise stated. Freight, delivery, installation and other charges are additional unless otherwise agreed in writing.
6. PAYMENT
Unless otherwise agreed in writing, payment is due prior to dispatch. Titles of all goods remain with Aglae until payment has been received in full. Payment upon delivery may be required, and a non-refundable deposit will apply to all custom-made orders. If payment is not made by the due date, Aglaé may suspend further deliveries or cancel any outstanding orders.
7. PERSONAL PROPERTY SECURITIES
The Customer acknowledges that these Terms create a security interest in the products supplied by Aglaé for the purposes of the Personal Property Securities Act 2009 (Cth) (PPSA), and agrees to do all things reasonably required to enable Aglaé to register and maintain that security interest.
8. RISK AND INSURANCE
Risk in the products passes to the customer upon delivery or collection, whichever occurs first. The customer is responsible for arranging any insurance it considers necessary after risk has passed.
9. DELIVERY
Delivery dates are estimates only and are not guaranteed. Aglaé will use reasonable endeavours to meet estimated delivery time but shall not be liable for any delay. The Supplier arranges delivery, with costs borne by the Customer. Partial deliveries are permitted, and the Customer is responsible for inspecting goods upon delivery. In the event that delivery cannot be completed due to an incorrect address, site inaccessibility, or the absence of receiving personnel, any associated redelivery fees shall be borne by the customer.
10. RETURNS
Returns due to change of mind are at the Supplier's discretion. Custom-made or altered goods are non-returnable. A restocking fee may apply. Products must be returned in their original condition and packaging.
11. INSTALLATION
Products must be installed by appropriately licensed plumbers and, where applicable, licensed electricians, in accordance with the applicable installation instructions, the Plumbing Code of Australia, AS/NZS 3500, and AS/NZS 3000. Aglaé shall not be liable for any defects or damage arising from improper installation, unauthorised modification or misuse of the products.
12. CANCELLATION
Aglaé may cancel an order if it is unable to supply the products or services. Once accepted, an order may not be cancelled or varied by the Customer without Agalé’s prior written consent.
13. SHORTAGES AND EXCHANGES
Claims for shortages, damages, or incorrect products must be made in writing within 14 days. Aglaé’s liability is limited to replacement, repair, or refund of the products, to the extent permitted by law.
14. FORCE MAJEURE
Aglaé shall not be liable for any failure or delay in performing its obligations where such failure or delay is caused by events beyond its reasonable control, including, but not limited to natural disasters, transport disruptions, labour disputes, government actions, or supply chain interruptions.
15. AUSTRALIAN CONSUMER LAW
Nothing in these Terms excludes, restricts or modifies any rights or remedies that cannot be excluded under the Australian Consumer Law or, where applicable, the Consumer Guarantees Act 1993 (New Zealand).
16. GOVERNING LAW
These Terms and Conditions are governed by the laws of South Australia, Australia, and, where applicable, the laws of New Zealand. Any disputes arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts of the applicable jurisdiction.
