1. Definitions

In these conditions:
“Company” means Buy Pergola Roofing ABN 73 705 922 146
“Customer” means a party to whom the Company supplies goods;
“Goods” means the goods and or services supplied by the Company to the Customer.

2. Application and Variation of these Conditions

These conditions shall be deemed to be incorporated in all contracts for the sale of Goods by the Company to the Customer and will apply in place of and prevail over any terms or conditions contained or referred to elsewhere or implied by trade custom, practice or course of dealing.

3. Formation of Contract and Cancellation

(a) The Company’s catalogues, price lists and quotations do not constitute offers made by the Company. The Customer’s order will be deemed to be an offer to the Company under these conditions. Acceptance by the Customer of possession and/or delivery of Goods will constitute acceptance or confirmation of previous acceptance of these terms and conditions to the exclusion of all other terms or provisions.

(b) The Customer is not entitled to cancel any order or materially vary any specifications without the Company’s previous consent in writing.

4. Designs and Specifications

All drawings, designs, specifications and particulars of weight, dimensions and any figures of statements as to the performance of the Goods issued by the Company are intended merely to describe the Goods generally. The Company gives no warranty as to accuracy and they are not to be regarded as a warranty, representation or contractual term unless expressly so stated by the Company in writing.

5. Price

Buy Pergola Roofing will determine the price of all goods available for purchase on the Website.  Prices listed on the Website will include GST.

The Customer will be liable for payment off all delivery, transit insurance and transportation costs unless expressly stated otherwise.

6. Payment

Invoices will be paid by You the customer at the time of sale. Buy Pergola Roofing will not ship goods to you if they are not paid for at the time of sale.

Title to goods purchased by you on the Website shall remain with Buy Pergola Roofing until Buy Pergola Roofing receives full payment of the amount owed for the goods you Purchase.

7. Delivery

(a) The Company’s responsibility for delivery ceases at the pre-agreed point of delivery.

(b) Any period or date for delivery stated by the company is intended as an estimate only and is not a contractual commitment. The Company will use its best endeavours to meet any estimated delivery dates but in no circumstances whatsoever will the Company be liable for any loss or damage suffered by the Customer or any other person for failure to meet an estimated delivery date

(c) The Customer will take any action necessary on its part for timely delivery of the Goods. The Company will not be liable for any loss or damage suffered by the customer failing to provide the necessary access and Personnel to accept the Goods at the agreed delivery point.

8. Claims and Returns

(a) Returns of Goods will not be accepted unless:
(i) prior authorisation has been given by the Company:
(ii) the Goods are accompanied by appropriate documentation which stipulates the invoice number, the Customer name and address and the reasons for return:
(iii) the Goods are faulty by reason only that the quality of the materials used for the construction of the Goods or the manufacturing process was defective.

(b) The Company accepts no liability:
(i) for defects caused by the Customer’s installation of the Goods.
(ii) If the Goods have been modified or repaired;
(iii) If the Goods have not been used stored, or maintained as recommended by the Company.
(iv) where the Customer has failed to observe the terms of the payment for the Goods or any other obligation imposed by these terms and conditions

9. Limitation and Exclusion

(a) Although it will use its best endeavours to satisfy any customer complaint in relation to the Goods, the Company will be under no liability to the Customer for any damages or losses, direct or indirect, resulting from defects in design, materials or workmanship.

(b) Except as specifically set out in these conditions or any product warranty issued by the Company, any term, representation, condition or warranty in respect of the quality, condition or description of the Goods, whether implied by statute, common law, trade usage, custom or otherwise is hereby expressly excluded.

(c) Nothing in these conditions shall be interpreted as excluding or restricting any legal liability of the Company under the Trade Practices Act 1974 (as amended) (“the Act”) any other similar state or territorial legislation which can not be lawfully excluded.

(d) In all cases other than where the Goods are of a kind ordinarily acquired for personal, domestic or household use or consumption the liability of the Company for a breach of a term or condition implied by the Act or similar state or territorial law (other than by Section 69 of the Act or corresponding section of any similar state or territorial Act or ordinances) shall be limited at the Company’s option to:
(i) replacement of the Goods or the supply of equivalent Goods;
(ii) repair of the Goods;
(iii) payment of the cost of replacing the Goods or acquiring equivalent Goods;
(iv) payment of the cost having the Goods repaired

(e) In the event that Section 74 (H) of the Act or corresponding section of any similar state or territorial Act or ordinances apply to these conditions then, notwithstanding such application in the case where the Goods are Goods other than Goods of a kind ordinarily acquired for personal, domestic or household use or consumption the liability of the Company under aforesaid section shall be limited the liability to pay to the Customer an amount equal to the lowest of:
(i) the Cost of replacing the Goods;
(ii) the Cost of obtaining equivalent Goods:
(iii) the Cost of having Goods repaired.

10. Force Majeure

(a) Neither party shall be liable for breach of a provision of any agreement (other than payment) if and to the extent that fulfillment of a term or condition hereof has been prevented hindered or delayed by force majeure as defined in condition 10(b) below and in such event that time for fulfillment of such a term shall be extended for such period as is reasonable in all the circumstances.

(b) The expression “force majeure” shall mean any event or circumstances beyond the immediate control of either party, including without prejudice to the generality of the foregoing, strikes, lock-outs, trade disputes, accident to plant or machinery, shortage of any material, riots, civil commotion, war national or international, emergency, destruction or damage due to natural forces, fire, flood, explosion, and compliance with orders or requests of any national or local authority.

11. Interpretation and Law

(a) If any part of these conditions should be held unenforceable or in conflict with the law of any relevant jurisdiction, it shall be read down to the minimum extent necessary to render it enforceable and valid and, if incapable of being read down it will be severed from the remainder of these conditions which shall not be affected by such severance.

(b) These conditions represent the complete agreement between the Company and the Customer with regard to the Goods and contain all agreements warranties, conditions, representations and other terms agreed, made or relied upon by either party in connection with the Goods

(c) The rights of the company will not be prejudiced or restricted by any indulgence or forbearance extended to the customer and no waiver of any breach shall operate as a waiver of any subsequent breach.

(d) These conditions and every contract connected therewith shall be governed exclusively by the law of the state in which the order for Goods is received by the company.

(e) Notwithstanding the foregoing, the Company and the Customer agree that before resort is made to any court they will each make a genuine effort to resolve any dispute by face-to-face meeting convened by the Company at a convenient time and place, between senior management, and failure to do so is agreed to justify a court awarding costs against the party who has failed to make such a genuine effort.

12. Trademarks
The trademarks contained on this website are the trade marks of Buy Pergola Roofing or its respective owners. These trademarks may not be reproduced without the owner’s consent.

13. General

Buy Pergola Roofing may give You notice of any matter or thing required or permitted to be notified to You under this Agreement by either:

sending You an electronic mail message to an electronic mail address nominated by You; or

posting the notice to Our Website.  Such notice takes effect and is deemed served from the time the electronic mail message leaves Our system or is visible on Our Website, as the case may be.

You must give any notice to Buy Pergola Roofing required or permitted to be notified to Buy Pergola Roofing under this Agreement by either:

e-mail below:
Such notice takes effect and is deemed served if by registered post on the day of receipt or, if by facsimile, upon the sender receiving confirmation that the transmission has been completed without error.  In any event, if receipt of the notice takes place not on a Business Day or after 5.00pm in the place of receipt, the notice will be deemed to be received on the next Business Day.