Welcome to the Reza Tile & Flooring website. By accessing and using our website (the “Site”), you agree to be bound by the following Terms and Conditions. Please read them carefully before using our services.
1. Definitions
In these terms and conditions:
“Conditions” means the terms of these terms and conditions;
“Credit Application” means any agreement signed by the Customer to receive Goods or Services on credit;
“Customer” means an individual, partnership or corporation seeking to acquire Goods or Services from Rebuild and where applicable includes the applicant in the Credit Application and, if the Customer consists of more than one person, each of them jointly and severally;
“Goods” means all building products and materials and/or related components supplied by Rebuild to the Customer;
“GST” means GST within the meaning of A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended;
“Guarantor” means an individual that guarantees any payments owed by the Customer to Rebuild;
“Insolvency Event” means any matter referred to in clause 5.6(a) or 5.6(b) of these Conditions;
“Invoice” means invoice for Goods supplied or Services provided, or both;
“Order” means any request for the provision of Goods and/or Services by the Customer with Rebuild which has been accepted by Rebuild;
“Other Property” means all present and after-acquired property of the Customer (except the Goods) whether acquired alone or jointly as a tenant in common or as a joint tenant;
“PPSA” means the Personal Property Securities Act 2009 (Cth) as amended;
“Premises” means the Customer’s land or building where the Goods are to be delivered;
“Price” means the amount invoiced for Goods supplied or Services provided;
“Real Property” means all real property interest held by the Customer now and in the future;
“Rebuild” means Rebuild Tiling & Construction Pty. Ltd. (ACN 154 493 740) of 10 Podmore Street, Dandenong Victoria 3175;
“Security Agreement” and “Security Interest” have the meaning ascribed to them in the PPSA; and
“Services” means the delivery and/or supply of Goods, including any advice or recommendations.
2. Application of the Conditions
2.1. Subject to clause 2.4 , or unless otherwise agreed in writing, these Conditions will apply exclusively to every Order or contract for the supply of Goods and or the provision of Services by Rebuild to the Customer and cannot be varied or replaced by any other conditions without the prior written consent of Rebuild.
2.2. Any written quotation provided by Rebuild to the Customer concerning the supply of Goods and or Services is valid for 30 days, unless otherwise stated in the quotation, and is an invitation only to the Customer to place an Order based upon that quotation.
2.3. Rebuild will not be deemed to have accepted an Order or an offer by the Customer unless it has communicated acceptance to the Customer in writing or has delivered the Goods or Services stated in the Order.
2.4. Rebuild may vary these Conditions provided it first gives 7 days written notice to the Customer. Any order placed, or Goods or Services supplied at the request of the Customer, after such 7 day period, will be deemed to be the Customer’s acceptance of the varied Conditions.
2.5. Rebuild may terminate this agreement on 7 days written notice. Any termination is without prejudice to the rights of Rebuild accrued prior to such termination including the right to be paid or to recover the Goods.
2.6. Rebuild may terminate this agreement without notice if an Insolvency Event occurs in relation to the Customer.
2.7. The Customer and Rebuild agree to keep confidential the Price of the Goods and Services except as required by law.
3. Payment
3.1. GST will be charged on the Goods and/or Services provided by Rebuild that attract GST at the applicable rate.
3.2. Rebuild reserves the right to change the Price in Rebuild’s Order in the event of a variation which was previously unknown or unforeseen by Rebuild at the time the Order was placed, and notice will be provided in writing by Rebuild within a reasonable time.
3.3. At Rebuild’s sole discretion, the Price shall be either:
(a) as detailed on Invoices provided by Rebuild to the Customer in respect of Goods and/or Services supplied; or
(b) Rebuild’s quoted Price for the Order (subject to clause 3.2).
3.4. Payment for Goods and/or Services must be made, without deduction or setoff, within 7 days (or as otherwise stated on the Credit Application or Invoice) following the date of the Invoice.
3.5. In the event that there are insufficient funds to meet any cheque drawn by the Customer in favour of Rebuild in payment of the Price, an administration fee of $100.00 will be charged on each and every representation and or dishonour.
3.6. Rebuild may withdraw any credit terms or require the provision of security at any time in its absolute discretion and without notice to the Customer and may apply any payment by the Customer in any manner as Rebuild sees fit.
4. Supply and delivery of Goods and/or provision of Services
4.1. Subject to otherwise complying with its obligations under this agreement, Rebuild shall exercise its independent discretion as to its most appropriate and effective manner of providing the Goods and/or Services and of satisfying the Customer’s expectations of those Goods.
4.2. The Customer is responsible for ensuring the Premises is suitable and accessible for delivery of the Goods and/or Services by Rebuild.
4.3. The Customer is responsible for ensuring the Premises is suitable and accessible for delivery of the Goods and/or Services by Rebuild. The Customer is responsible for ensuring that the Goods are secured at the Premises and warrants to be responsible for any loss, damage or theft of the Goods delivered by Rebuild to the Premises.
4.4. Any period or date for delivery of Goods or supply of Services stated by Rebuild is intended as an estimate only and is not a contractual commitment. Rebuild may deliver the Customer’s Orders in part or in whole.
4.5. All costs of freight, insurance and other charges associated with the delivery of the Goods to the Premises shall be borne by the Customer.
4.6. If the Customer is unable or fails to accept delivery of the Goods, the Customer will be liable for all costs incurred by Rebuild due to storage, detention, double cartage, travel expenses or similar causes.
5. Payment Default and Security
5.1. If the Customer defaults in payment by the due date of any amount payable to Rebuild, then all money which would become payable by the Customer to Rebuild at a later date on any account, becomes immediately due and payable without the requirement of any notice to the Customer, and Rebuild may, without prejudice to any accrued rights or other remedy available to it:
(a) charge the Customer interest on any sum due at the prevailing rate pursuant to the Penalty Interest Rates Act 1983 (Vic) plus 2 per cent for the period from the due date until the date of payment in full;
(b) charge the Customer for all expenses and costs (including legal costs on an indemnity basis) incurred by it resulting from the default and in taking whatever action it deems appropriate to recover any sum due including enforcing the charge in clause
(c) cease or suspend for such period as Rebuild thinks fit, supply of any further Goods, Services or credit to the Customer; and
(d) by notice in writing to the Customer, terminate any contract with the Customer so far as unperformed by Rebuild.
5.2; As security for any amounts due to Rebuild from time to time, the Customer and any Guarantor charges all of its legal and equitable interest (both present and future) of whatsoever nature held in any and all Real Property to Rebuild.
5.3. Without limiting the generality of the charge in clause 5.2, the Customer and/or Guarantor agrees on request by Rebuild, to execute any documents and do all things reasonably required by Rebuild to perfect the charge given in clause 5.2, including registering a caveat or mortgage security over any Real Property. The Customer and/or Guarantor appoints Rebuild to be the Customer’s and/or Guarantor’s lawful attorney for the purposes of executing and registering such documents and taking all such steps in that regard. The Customer and Guarantor indemnifies Rebuild against all costs and expenses (including legal costs on an indemnity basis) incurred by Rebuild in connection with the preparation and registration of any such steps needed to perfect the security or prepare to register the caveat or mortgage documents. The Customer and Guarantor consents unconditionally to Rebuild lodging a mortgage or caveat noting its interest in any Real Property.
A statement in writing by an authorised officer of Rebuild setting out the moneys due or owing to Rebuild at the date of the statement shall be sufficient evidence of the amount so due or owing.
5.6. Clause 5.1 may also be relied upon, at the option of Rebuild:
(a) where the Customer is an individual and becomes bankrupt or enters into any scheme of arrangement or any assignment or composition with or for the benefit of any creditors; or
(b) where the Customer is a corporation and it enters into any scheme of arrangement or any assignment or composition with or for the benefit of any creditors or has a liquidator, provisional liquidator, administrator, receiver or receiver and manager appointed, or any action is taken for, or with the view to, the liquidation (including provisional liquidation), winding up or dissolution without winding up of the Customer.
5.7. In the event of a dispute, the Customer will not be entitled to withhold payment of any undisputed amount due to Rebuild.
6. Retention of title
6.1. The Customer agrees:
(a) title and property in all Goods remain vested in Rebuild and do not pass to the Customer;
(b) the Customer must hold the Goods as fiduciary bailee and agent for Rebuild;
(c) the Customer must keep the Goods separate from its own goods and maintain the labelling and packaging of Rebuild;
(d) the Customer is required to hold the proceeds of any sale of the Goods on trust for Rebuild in a separate account;
(e) the Customer must deliver up all Goods to Rebuild immediately upon service of a written demand; and
(f) Rebuild may without notice, enter any premises where it suspects the Goods may be and remove them, notwithstanding that they may have been attached to other Goods not the property of Rebuild, and for this purpose the Customer irrevocably licences Rebuild to enter such premises and also indemnifies Rebuild from and against all costs, claims, demands or actions by any party arising from such action, until full payment in cleared funds is received by Rebuild for all Goods supplied by it to the Customer, as well as all other amounts owing to Rebuild by the Customer.
6.2. The Customer may resell the Goods in the ordinary course of its business (but may not otherwise sell or encumber the Goods) and if it does so shall receive the proceeds of resale as trustee of Rebuild, to be held on trust for Rebuild. Rebuild shall be entitled to trace the proceeds of the resale.
6.3. The reservation of title and ownership is effective whether or not the Goods have been altered from their supplied form or commingled with other goods.
6.4. To assure performance of its obligations under these Conditions, the Customer hereby grants Rebuild an irrevocable power of attorney to do anything Rebuild considers should be done by the Customer pursuant to these Conditions. Rebuild may recover from the Customer the cost of doing anything under this clause 6, including registration fees and legal costs (on an indemnity basis).
7. Security Interest
7.1. The Customer agrees:
(a) that these Conditions constitute a Security Agreement for the purposes of the PPSA;
(b) that these Conditions create a Security Interest in all Goods (and the proceeds of the Goods) in favour of Rebuild to secure the Price for the Goods;
(c) that the following sections of the PPSA do not apply: 95, 118, 121(4), 125, 129(2), 129(3), 130, 132(3)(d), 132(4), 135, and, to the extent section 115(7) applies, each section of Part 4.3 of the PPSA is excluded unless Rebuild elects in writing to retain Part 4.3 (which Rebuild may elect to do either in whole or in part); and
(d) to waive its right to receive notice of a verification statement in relation to registration of a Security Interest.
7.2. The Customer:
(a) further agrees that these Conditions also create a Security Interest in all of the Customer’s Other Property, although such Security Interest is not intended to prevent the Customer from transferring such Other Property in the ordinary course of the Customer’s business; and
(b) separately charges all Real Property owned now and in the future by the Customer whether owned alone or jointly as a tenant in common or as a joint tenant, in favour of Rebuild to secure payment and performance of all the Customer’s obligations under these Conditions.
7.3. The Customer must immediately, if requested by Rebuild, sign any documents, provide all necessary information and do anything else required by Rebuild to ensure that Rebuild’s Security Interest is a perfected security interest.
7.4. The Customer will not enter into any other Security Agreement that permits any other person to have or to register any Security Interest in respect of the Goods or any proceeds from the sale of the Goods until Rebuild has perfected its Security Interest.
8. Risk and Insurance
8.1. The Customer will ensure when placing Orders that there is sufficient information to enable Rebuild to fulfill the Order.
8.2. Rebuild takes no responsibility if the specifications provided by the Customer are wrong or inaccurate and the Customer will be liable in that event for the expenses incurred by Rebuild for any work required to rectify the Order.
8.3. The Customer is responsible for ensuring that Rebuild is made aware of any special requirements pertaining to the Order and Rebuild relies upon the accuracy of the information supplied to it.
8.4. Rebuild takes no responsibility and will not be liable for any damages or costs resulting in the Goods being faulty as a consequence of insufficient information provided by the Customer.
8.5. Rebuild takes no responsibility for representations made in relation to the Goods or any delay in the delivery of the Goods made by a third party or third party manufacturer which was organised by the Customer.
8.6. The Customer acknowledges that Rebuild shall not be liable for and the Customer releases Rebuild from any loss incurred as a result of delay, or failure to provide the Goods or to observe any of these Conditions due to an event of force majeure, being any cause or circumstance beyond Rebuild’s reasonable control.
8.7. Rebuild does not represent that it will provide and/or deliver any Goods unless it is included in the quote provided to the Customer.
8.8. Subject to clauses 8.1 and 8.2, all risk in the Goods and all insurance responsibility for theft, damage or otherwise in respect of the Goods will pass to the Customer immediately upon:
(a) collection of the Goods by the Customer; or
(b) delivery of the Goods to the Customer or to the carrier nominated by Rebuild or Customer.
9. Liability
9.1. Except as specifically set out herein, any term, condition or warranty in respect of the quality, fitness for purpose, condition, description, assembly, manufacture, design or performance of the Goods or Services, whether implied by statute, common law, trade usage, custom or otherwise, is hereby expressly excluded.
9.2. Rebuild is not liable for any indirect or consequential losses or expenses suffered by the Customer or any third party, howsoever caused arising from the supply of the Goods or Services, including but not limited to loss of turnover, profits, business or goodwill.
9.3. Rebuild will not be liable for any loss, damage or claim suffered by the Customer where Rebuild has failed to meet any delivery date or cancels or suspends the supply of Goods or Services.
9.4. Nothing in these Conditions is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of Goods and/or Services which cannot be excluded, restricted or modified. If any of these Conditions is inconsistent with State or Federal legislation, such Conditions must be read down only to the extent necessary to comply with such legislation and will otherwise apply to the fullest extent legally possible.
9.5. Rebuild’s total aggregate liability for any loss, damage or claim suffered by the Customer, however arising, shall not exceed the GST exclusive aggregate Price paid by the Customer to Rebuild for the specific Goods or Services that gave rise to the loss, damage or claim in question.
9.6. The Customer must take reasonable steps to mitigate any loss, damage or claim it suffers or incurs.
10. Warranties
10.1. Warranty for Services
(a) Rebuild warrants that its Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Service, the Customer is entitled:
(i) to cancel its Service contract with Rebuild; and
(ii) to a refund for the unused portion, or to compensation for its reduced value. The Customer is also entitled to be compensated for any other reasonably foreseeable loss and damage.
(b) If the failure does not amount to a major failure, the Customer is entitled to have problems with the Service rectified in a reasonable time and, if this is not done, to cancel its contract and obtain a refund for the unused portion of the contract.
(c) In respect of all claims Rebuild shall not be liable to compensate the Customer for any delay in remedying the defective Services or in properly assessing the Customer’s claim. Rebuild will use its best endeavors to assist the Customer with its claim.
10.2. Warranty for Goods
(a) The warranty for Goods supplied shall be the current warranty provided by the
manufacturer of the Goods. Rebuild shall not be bound by nor be responsible for any
term, condition, representation or warranty other than that which is given by the
manufacturer of the Goods. Rebuild will use its best endeavours to assist the
Customer with any claim with respect of the Goods
(b) The Customer continues to be responsible for all amounts owing to Rebuild in the
event that any Goods are supplied on the basis that a manufacturer’s warranty is in
place and it subsequently becomes known to the parties that the warranty is void or
inapplicable.
(c) Rebuild warrants that its Goods come with guarantees that cannot be excluded
under the Australian Consumer Law. The Customer is entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. The Customer is entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure.
10.3. Claims made under Warranty Subject to clause 9.4, claims for warranty should be made in one of the following ways:
(a) The Customer must send the claim in writing together with proof of purchase to
Rebuild’s business address stated in clause 1 of these Conditions.
(b) The Customer must email the claim together with the proof of purchase to Rebuild at info@RebuildTiling.com.au.
(c) The Customer must contact Rebuild on Rebuild’s business number on (03) 9794 9378
(d) Goods where a claim is made are to be returned to Rebuild or are to be left in the state and condition in which they were delivered until such time as Rebuild or its agent has inspected the Goods. Such inspection is to be carried out within a reasonable time after notification.
11. Cancellation
11.1. No purported cancellation or suspension of an Order by the Customer will be binding on Rebuild after that Order has been accepted by Rebuild.
11.2. In the event that the Customer cancels delivery of Goods, the Customer shall be liable for any loss incurred by Rebuild (including, but not limited to, any loss of profits and transport charges) up to the time of cancellation.
11.3. If the Customer places an Order with Rebuild and Rebuild places an Order with a third party supplier to meet the Customer’s request, the Customer shall be liable for the Price of the Goods ordered if the Customer cancels the Order and the Goods have already been dispatched.
12. Goods Returned and Refunds
12.1. Subject to clause 10, all Goods are sold on a non-returnable, non-refundable basis and may only be returned if the Goods are damaged by Rebuild upon delivery or are incorrectly supplied by Rebuild.
12.2. Rebuild does not offer any refund if you change your mind or find the Goods cheaper elsewhere.
12.3. Any claim by the Customer that the Goods are damaged or incorrectly supplied must be made in writing to Rebuild within 5 business days of receipt of the Goods by the Customer.
12.4. Any damaged Goods must be returned in the condition in which they were received, together with any packaging the Customer received with the damaged Goods.
12.5. Notwithstanding the other provisions of these Conditions, Rebuild may refuse to provide a repair, replacement or refund for Goods or Services purchased by a Customer if:
(a) the Customer misused the Goods in a way which caused the problem;
(b) the Customer knew or was made aware of the problem(s) with the Goods or Services before the Customer purchased them;
(c) the Customer asked for a Service to be supplied in a certain manner, or asked for alteration to the Goods, against Rebuild’s advice; and
(d) any other exceptions that apply under the Australian Consumer Law.
12.6. In the event that Goods purchased by a Customer fail to meet one or more Consumer Guarantees under the Australian Consumer Law, Rebuild shall bear any cost of transporting the said Goods (the “Returned Product”) back to Rebuild, as well as any cost of transporting any replacement Goods to the Customer.
12.7. If the Returned Product can easily be transported or returned, then the Customer is responsible for organising for the Returned Product to be returned to Rebuild. If the Returned Product is eligible for a repair, replacement or refund under the terms of these Conditions (including under the Australian Consumer Law) then Rebuild will reimburse the Customer for the reasonable postage or transportation costs for the Returned Product.
12.8. If the Returned Product is too large, too heavy, or otherwise too difficult to be removed and returned by the Customer, and is believed in Rebuild’s sole and absolute discretion to be eligible for a repair, replacement or refund under the terms of this Policy (including under the Australian Consumer Law), then Rebuild will organise for the transportation or collection of the Returned Product, at Rebuild’s cost.
12.9. In the event that Rebuild organises and pays for the inspection, postage, transportation or collection of a Returned Product, and it turns out not to be eligible for a repair, replacement or refund under the terms of these Conditions (including under the Australian Consumer Law), then the Customer will be required to pay the costs of any inspection, postage, transportation or collection of the Returned Product.
12.10. Rebuild may, in its sole and absolute discretion, agree to accept a return of some or all of the Goods but all such Goods returned will be subject to a minimum 25% handling fee.
13. Set-off
13.1. The Customer shall have no right of set-off in any suit, claim or proceeding brought by Rebuild against the Customer for default in payment.
13.2. The Customer acknowledges that Rebuild can produce this clause in bar of any proceeding for set-off.
14. Access
14.1. The Customer shall, where relevant, ensure Rebuild has full and safe access to the Premises to enable delivery of the Goods.
14.2. The Customer will be charged an additional fee if Rebuild is unable to access the Premises to deliver the Goods.
14.3. Rebuild will not be held responsible for any delay due to inclement weather, failure of the Customer to provide required items or changes requested to be made by the Customer and/or in any circumstances beyond Rebuild’s reasonable control.
15. Entire Agreement
This agreement is the entire agreement between the parties and supersedes all and any communications, negotiations, arrangements and agreements, whether oral or written, between the parties in respect of the matters that are the subject of this agreement.
16. Governing Law
These Conditions are governed by and are to be interpreted according to the laws in force in Victoria and the parties submit to the non-exclusive jurisdiction of the courts operating in Victoria.