TERMS & CONDITIONS

Please read these Terms and Conditions (“Terms”) carefully before using this website operated by BERI Plumbing & Hardware (we, us, our) or purchasing any goods and services from us.

Your access to and use of the website is conditional on our acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the website.

These Terms also apply to any purchase of goods and services from us. All goods and services purchased from us are sold subject to these Terms and, if you have signed a credit application with us, our trading agreement terms and conditions.

Where there is any inconsistency between these Terms and any prior or subsequent terms and conditions or agreement (other than a trading agreement with us), any such prior or subsequent agreement shall be read down to the extent necessary to give full force and effect to these Terms. Where there is any inconsistency between these Terms and any terms and conditions of any trading agreement with us then the said terms and conditions of the trading agreement shall apply instead. For the avoidance of doubt we do not accept any terms or conditions stated on a purchase order issued by you, and any such terms or conditions are expressly rejected by us.

REQUEST FOR QUOTES

If you wish to purchase any product or service from us that has been made available through the website or otherwise, you must first request a quote from us for the products or services by email or telephone. You may be asked to supply certain information relevant to your purchase including your name, address and contact details. You will be contacted by email at the earliest opportunity during normal business hours with a quotation.

ACCEPTANCE OF QUOTE

If the quotation we have provided is accepted by you, you must indicate your acceptance either by email or, if you have a credit account, by forwarding your purchase order within 14 days of our quotation.

If you are a cash customer, we must receive the payment of the price of the products and the delivery charge (if applicable) before we can accept your order, or alternatively a 50% deposit will be required
at the time of order. We reserve the right to restrict the number of products you may order and to refuse any order. Only when we have accepted your order there is a binding contract created between us.

The price quoted by us remains valid for 1 month from the date of acceptance of our quotation and your order and, if you fail to pay for the goods in full or take delivery of the goods within that time, we shall be entitled to provide an amended quote or cancel the order.

CURRENCY AND SALES TAX

All sales are in Australian dollars. All sales and prices listed will include GST. No orders will be accepted from purchasers outside Australia.

PAYMENT OPTIONS

We accept Visa, Mastercard, Bank Transfer (direct deposit), COD, Pick Up and Pay, Detail on File or Phone for Payment Details. COD payments will be subject to a COD charge.

Payment options will be detailed on the invoice we send you once your order is accepted by us.

STORAGE

If goods are paid for in full by you within 1 month of acceptance of our quote, we will hold the goods (provided they are non-perishable) for up to 3 months from the date of payment free of charge. If you do not collect the goods by the end of that 3 month period then storage charges shall apply.

DELIVERY and SHIPPING

Delivery costs depend on your location and the item(s) purchased. The actual shipping costs will be advised as soon as we process and confirm your order.

Standard deliveries will be made to suburbs within the Perth Metro Area and to neighbouring suburbs. Deliveries outside these areas will be made by a courier company at the cost of the customer. The courier cost will be quoted on once the order is received.

If products are in stock, deliveries can be made the following day as long as orders are received before 3.00pm. Same day deliveries will be assessed on a case by case basis and will depend on the quantity of products and delivery location.

If an order is to be shipped, this will generally occur within three or four working days if the item is in stock. If the item is NOT in stock, then it will take three or four days after the products are received for the products to be shipped.

We do NOT take responsibility for any late shipment(s). However you will be notified when your shipment has left for delivery.

It is your responsibility to provide uninhibited access to delivery sites. If in crossing or endeavouring to avoid any obstruction damage is caused to the obstruction or the products being supplied by us, then you agree to indemnify us against all claims whatsoever for such damage. You agree that any price quoted by us for delivery of the products by us was on the basis of uninhibited access being provided to the delivery site and in addition to any price quoted you shall pay the price charged by us for any waiting time or time incurred by us in obtaining uninhibited access to the delivery site.

You acknowledge that products leaving our premises are adequately packed. Claims for damage in transit must be made against the carrier. We are not responsible for any loss or damage to the products in transit.

AVAILABILITY

All orders are subject to availability of products. If we are unable to deliver products ordered by you we will notify you (where possible) and, if we have received the price and the delivery charges of the unavailable products, we will refund them to you within 30 days of your order unless you agree to a longer period.

then the liability of us for any breach of such term will be limited in the manner permitted under section 64A of the Australian Consumer Law (as we may determine).

SUITABILITY

You acknowledge that you have had an opportunity to inspect
the goods prior to any order and you are satisfied the products
are fit for the purpose they are to be used for and are of good quality. You are aware of the proper use for which the products are designed. If a product is not suitable, a refund may be given at our discretion, however if the product is not a stocked item there will be a restocking charge of 30% of the purchase price. If the product has been installed no refund will be given. If the product is not returned with its original packing or if the packaging is damaged a refund will not be given. Discontinued products sold at a discounted rate will not be accepted back for refund under any circumstances whatsoever.

Notwithstanding anything contained herein you acknowledges
that, subject to the extent permitted by legislation no warranty or condition, express or implied, is given by us as to the condition of the products or as to the suitability or fitness of the products. Subject to the extent permitted by legislation any obligation of us under these terms and conditions shall be to use our best endeavours to supply products and/or services or to repair or replace (at our discretion) any products which are found to be defective during any applicable warranty period (if any) and in no event shall we be liable for any other claims, losses or damages including but not limited to claims arising from the loss or use of the products or howsoever arising and any indirect, special or consequential damage including but not limited to damages on account of prospective profits expenditures or other commitments relating to the business or goodwill of you or on account of any consequential loss or damage incurred or suffered by you or any customers of you, which arises from or is connected
in any way whatsoever with the use of the products or injury to any person, corporation or other entity.

CREDIT ACCOUNT

Regular customers may be invited at our discretion to open a credit account. This will not normally be offered to customers without a purchasing history with us. Separate terms and conditions apply to these accounts. Details may be found on our credit application page.

GOVERNING LAW

BERI Plumbing & Hardware reserves the right to seek all remedies available to law and in equity for violations of these Terms. The Laws of the State of Western Australia, Australia, shall govern these Terms and use of the website and any purchase of goods and services from us and you submit to the jurisdiction and the courts of the state of Western Australia with respect to any dispute relating to the use of the website or its content.

We shall have no liability whatsoever to you in the case where any obligation that we have to you is delayed, affected, prevented or rendered impractical or unviable by any occurrence to the extent such an occurrence is beyond the reasonable control of us including but not limited to: fire, flood, riot, earthquake, strike by employees, civil commotion, Act of God, act of terrorism, pandemic or epidemic event, any health or other government direction, rule or regulation which may impact on the supply of the goods or services or any other ordinance, rule or regulation which becomes effective before or during the supply of the goods or services, to be determined by us in our absolute discretion.

REFUNDS & RETURNS

All refunds and returns will be conditional on you providing us the original receipt for the purchase or an electronic copy. It is not our responsibility to provide a record of the purchase. Please choose carefully as refunds will not be given if you simply change your mind.

If products are found to be faulty, a refund will be given if returned
to us within 14 days of purchase together with an original receipt.
If the faulty products have been installed a warranty claim must be processed with the manufacturer for replacement of the product with your original receipt. If products we deliver to you are damaged or defective you should contact us within 48 hours of delivery. To return products please take them to our Osborne Park store with the original receipt for the purchase or an electronic copy.

If you do not receive products ordered you should contact us within 24 hours of the delivery. In the event that a product has been missed from a delivery without you being advised we will make a second delivery to you once the product is available at no extra charge.

Final decisions on refunds, exchanges and credit notes are left
to the discretion of the business owner or manager. Under no circumstances whatsoever will a refund or credit note be issued more than 30 days after the date of delivery of the goods to you.

It is acknowledged by you that the Australian Consumer Law and other laws may imply conditions or warranties in certain contracts and also give parties to those contracts certain other rights against suppliers of products and services. To the extent such conditions, warranties or other rights are implied or given in respect of this agreement and it is not lawful or possible to exclude them, then such conditions, warranties or other rights shall (but only to the extent required by law) apply to this agreement and all other conditions, warranties or rights which might but for this provision be implied

are hereby expressly excluded. Where the law implies any term or warranty into these terms and conditions which cannot be excluded,

then the liability of us for any breach of such term will be limited in the manner permitted under section 64A of the Australian Consumer Law (as we may determine).

SUITABILITY

You acknowledge that you have had an opportunity to inspect the goods prior to any order and you are satisfied the products are fit for the purpose they are to be used for and are of good quality. You are aware of the proper use for which the products are designed. If a product is not suitable, a refund may be given at our discretion, however if the product is not a stocked item there will be a restocking charge of 30% of the purchase price. If the product has been installed no refund will be given. If the product is not returned with its original packing or if the packaging is damaged a refund will not be given. Discontinued products sold at a discounted rate will not be accepted back for refund under any circumstances whatsoever.

Notwithstanding anything contained herein you acknowledges that, subject to the extent permitted by legislation no warranty or condition, express or implied, is given by us as to the condition of the products or as to the suitability or fitness of the products. Subject to the extent permitted by legislation any obligation of us under these terms and conditions shall be to use our best endeavours to supply products and/or services or to repair or replace (at our discretion) any products which are found to be defective during any applicable warranty period (if any) and in no event shall we be liable for any other claims, losses or damages including but not limited to claims arising from the loss or use of the products or howsoever arising and any indirect, special or consequential damage including but not limited to damages on account of prospective profits expenditures or other commitments relating to the business or goodwill of you or on account of any consequential loss or damage incurred or suffered by you or any customers of you, which arises from or is connected
in any way whatsoever with the use of the products or injury to any person, corporation or other entity.

CREDIT ACCOUNT

Regular customers may be invited at our discretion to open a credit account. This will not normally be offered to customers without a purchasing history with us. Separate terms and conditions apply to these accounts. Details may be found on our credit application page.

GOVERNING LAW

BERI Plumbing & Hardware reserves the right to seek all remedies available to law and in equity for violations of these Terms. The Laws of the State of Western Australia, Australia, shall govern these Terms and use of the website and any purchase of goods and services from us and you submit to the jurisdiction and the courts of the state of Western Australia with respect to any dispute relating to the use of the website or its content.