TERMS & CONDITIONS

Terms and Conditions of Sale. Geisha Ceramics

1. Every sale of goods is made subject to these terms and conditions to the exclusion of any different terms or conditions whether such different terms or conditions be expressed or implied, oral or written.

2. Accounts are strictly 30 days. Accounts may be placed on hold if accounts have outstanding monies owing. Accounts are to be finalized by the 15th of each month.

3. All goods that leave the premises on an account remain the property of Geisha Ceramics until such time they are paid for in full.

4. All orders that do not calculate to full cartons will be adjusted to the nearest carton quantity above the ordered amount.

5. All goods are sold "ex warehouse" and transported at the buyer's risk and expense.

6. The delivery records of Geisha Ceramics shall be prima facie proof of delivery of the goods of the quantity and description stated therein in good order and condition to the purchaser and the purchaser's receipt thereof in the same condition notwithstanding the absence of any representative of the purchaser at the premises of Geisha Ceramics upon such delivery.

7. Goods ordered by customers may be temporarily stored at Geisha Ceramics only at the customer's risk and with prior approval from management of Geisha Ceramics.

8. Except for statutory warranties which cannot be lawfully excluded, Geisha Ceramics does not make and hereby excludes any warranties or representations whether written or oral in respect of the goods.

9. It is the responsibility of the purchaser to ensure that: (a) goods purchased are suitable for the purpose for which the ultimate user intends to use them. (b) The method by which the ultimate user proposes to fix the goods is satisfactory for the purpose intended.

10. No claims whatsoever will be accepted with regard to batch variations, crazing, or any other inherent characteristic of kiln-fired products.

11. Optical hazing is a common occurrence with porcelain tiles and no replacement/refund claims can be made in this instance.

12. It is the responsibility of the purchaser to check all goods on receipt. No claims will be accepted by Geisha Ceramics for shortages, imperfections, or damages unless made in writing within seven days from the date of purchase or delivery and lodged with Geisha Ceramics at their registered office. Any claim not made in accordance with this clause shall be deemed to be waived by the purchaser.

13. No claims whatsoever will be accepted with regard to tile imperfections or shade variation once the tiles have been laid.

14. It is the responsibility of the ultimate user to take due care with floor tiles having consideration of their fragile nature and therefore no claims will be recognized for chipping or cracking of floor tiles after they have been laid.

15. Geisha Ceramics is not liable for any expense or injury arising from the use of any product supplied thereby.

16. No credit will be allowed for products that are: (a) ordered especially for customers (b) run of kiln (end of line) (c) second quality/grade (d) sold at sale price.

17. The purchaser acknowledges that although the risk of all goods purchased by them or their employees or agents passes upon completion of their order by Geisha Ceramics, the said purchaser is not paid to them until the fully invoiced value of all goods purchased from Geisha Ceramics by the said purchaser is paid to Geisha Ceramics and until such payment is received Geisha Ceramics is at liberty to remove and take away said goods and for that purpose have freedom of access at all times to the premises upon which said goods are located without being liable in civil or criminal proceedings related thereto.

18. Goods will not be accepted for return or credit unless the prior approval of Geisha Ceramics management has been obtained. If a credit is approved in accordance with this clause then a re-stocking and handling fee of 30% of the invoice value of the goods returned may be applied. All credits are at the discretion of management only and unless otherwise approved will be left as a store credit only.

19. Geisha Ceramics shall not be liable for any failure to perform or delay in performance of the contract due to strikes, fires, explosions, floods, riots, lockouts, injunction, interruption of transportation, accidents, inability to obtain supplies, war, governmental action, or other circumstances beyond the company's control.

20. We reserve the right to refer the collection of any outstanding accounts to a debt collection agency without notice to you. You agree to be liable for any recovery costs and expenses we incur as a result of the referral of the debt to a debt collection agency and furthermore you agree that Section 27 (1) of the Debt Collectors (Field Agents and Collection Agents) Act 2014 (QLD) does not apply to our agreement. In the event that the collection of the debt is referred to our lawyers, you accept liability for and indemnify us for all of our legal costs on a solicitor-client basis. Interest on overdue invoices shall accrue daily from the date when payment becomes due until the date of payment at the rate of 15% per calendar month.

21. Please note some products such as tiles, glues, grout & stone may contain silica and appropriate protective wear should be worn.