Terms & Conditions
Terms and Conditions : Bolt Traders PTY LTD Trading as: Paradise Living Co
TERMS & CONDITIONS
1.1 Bolt Traders PTY LTD is an online supplier of homewares and furnishings to Australia, New Zealand, USA and the UK.
1.2 The following terms and conditions apply to your use of the Bolt Traders PTY LTD 'Online Store' website, trading as Paradise Living Co, Australian Business Number: 91 227 279 154 Your use of the web site indicates your acceptance of these terms and conditions. These terms and conditions are subject to change by Bolt Traders PTY LTD. Bolt Traders PTY LTD may change the content of its terms and conditions at any time without any prior notice to anyone.
1.3 These Standard Terms & Conditions are applicable to all products supplied by Bolt Traders PTY LTD and therefore once the quotation is accepted, these Standard Terms & Conditions apply and are agreed to by the Customer.
1.4 A copy of Bolt Traders PTY LTD current Standard Terms & Conditions is displayed on the Bolt Traders PTY LTD website. Bolt Traders PTY LTD may change these Standard Terms & Conditions by changing or removing existing terms or adding new ones. It is the Customer’s responsibility to check these Standard Terms & Conditions regularly for any modifications or updates.
2.1 All Bolt Traders PTY LTD baths and basins are warranted for:
2.1.1 indoor usage (all baths) 1 years.
2.1.2 white baths installed outside 1 years.
2.1.3 coloured baths are not suitable for outdoor installation where they are under direct sunlight. Coloured baths installed outdoors under direct sunlight are not covered by Bolt Traders PTY LTD warranty.
2.2 This warranty excludes but is not limited to, damage caused by neglect, improper or inadequate care, improper movement of goods on its side or end, movement by crane, wilful or accidental damage, abnormal conditions, incorrect modification or repair, inappropriate use for which it isn’t designed and deterioration through normal wear and tear and where not installed by an industry qualified tradesperson.
2.3 Warranty does not extend to installation costs for replacement or delayed delivery of products.
3.1 Quotations are valid for 30 days
3.2 Bolt Traders PTY LTD reserve the right to re-price an expired quotation if the Customer wants to proceed with the original quotation.
3.3 Should there be any changes to the specification, quantities or delivery destination, a revision to the quotation or invoice will be required, as prices and delivery may be affected.
3.4 Although this is an estimate, Bolt Traders PTY LTD commit to maintaining these prices subject only to recovery of additional costs incurred by us due to manufacturers’ increases and/or movement in foreign exchange rate from the date of the original quotation in which case Bolt Traders PTY LTD reserve the right to retender the quotation.
3.5 Once the Customer confirms the quotation with Bolt Traders PTY LTD, then the quotation is fixed and foreign exchange rate fluctuation and increased manufacturers’ costs risk rests with Bolt Traders PTY LTD excluding Customers revisions outlined but not limited to clause 3.3.
4.1 All prices are quoted in Australian currency including GST
4.2 Payment is to be made to Bolt Traders PTY LTD bank account supplied
4.3 Credit card payments will attract a fee of 1.2%
4.4 For indent orders:
4.4.1 A 50% deposit is required on receipt of the invoice. Please note the Customers order will NOT be ordered from the manufacturer until the deposit is paid.
4.4.2 The balance of payment is required as soon as the Customer’s product is within one week of arriving in country.
4.5 For retail orders, full payment is required on receipt of the invoice.
4.6 Bolt Traders PTY LTD reserve the right to charge storage on goods that remain unpaid. However, if paid in full, Bolt Traders PTY LTD will store Customer’s goods for up to a period of 1 months free of charge.
4.7 Unless agreed otherwise, all goods will be paid for in full, prior to despatch or collection.
5.0 INDENT ORDERS
5.1 Indent orders have a delivery lead time of between 10-12 weeks from the date that the deposit is received.
5.2 Refer to Clause 4.4.1 & 4.4.2 for indent payment requirements
5.3 If Bolt Traders PTY LTD are unable to deliver the indented goods within the time frame referred to in clause 5.1, then Bolt Traders PTY LTD will be permitted a further 4 weeks to complete the order with no cancellation. If there are further delays experienced, the Customer has the right of cancellation and a full refund subject to final confirmation by Bolt Traders PTY LTD Directors.
5.4 In the event we are unable to complete the Customers indented or retail order due to circumstances beyond Bolt Traders PTY LTD control, Bolt Traders PTY LTD may cancel the Customer’s order with written notice and either refund the Customer fully or replace it with another product of the Customer’s choice.
6.0 DELIVERIES & WAREHOUSE COLLECTIONS
6.1 Transport deliveries are contracted out to a 3rd party contractor which provides deliveries on a warehouse to kerb basis.
6.2 Unless a forklift is on the delivery site, a tail-lift truck will be used in the case of delivering heavy objects over 50kgs and the additional cost of this will be included in the freight. Items up to 35kg can be handled by the driver if the size permits. After that the driver will need assistance. Two people can carry up to 50kgs which can include the driver and the receiver.
6.3 It is the Customer’s responsibility to supply the correct and full address. Failure to do so, may result in additional charges which the Customer will be required to pay prior to the goods being despatched again.
6.4 Unless it has already been included within the invoice, split deliveries resulting in two or more separate deliveries will incur additional transport charges which are required to be paid prior to despatch.
6.5 If you require delivery to an unattended location or building site, the Customer must instruct Bolt Traders PTY LTD in writing. Goods will be left at the Customer's sole risk. Bolt Traders PTY LTD shall not be responsible for any claims, damages, costs, or expenses arising or resulting there from including any claim that the goods were not delivered. The contractor is not permitted to deliver to inside a building.
6.6 All goods delivered to the Customer’s premises must be inspected within 48 hours of receipt of the delivery docket.
6.7 If required Bolt Traders PTY LTD can recommend an additional service team of onsite delivery service people at an extra cost i.e. carrying bath upstairs to location.
6.8 Bolt Traders PTY LTD will not be responsible for any failure to fulfil any or part of any such order, nor entitle the Customer to cancel or vary any such order. Bolt Traders PTY LTD will not be held liable whatsoever for any loss, consequential damages or compensation arising from a delayed or cancelled order. All expenses relating to delivery, insurance, transit or storage of goods after delivery to the Customer will be at the Customer’s cost.
6.9 Bolt Traders PTY LTD may stop goods in transit whether or not delivery has been made if the Customer is in default at any time.
6.10 Delivered goods may not be returned unless defective or damaged in transit.
6.11 The Customer or the Customer appointed Transport Company can pick-up the Customer’s goods from Bolt Traders PTY LTD warehouses only if required. In exceptional circumstances we will permit pickup from our other warehouses dependant on availability etc
6.12 24 hours notice is required prior to Customer pickup. Any urgent pick up may result in additional charges.
6.13 The warehouse will assist with loading the goods, but it is the Customer’s sole responsibility to secure the goods for transport. Once the goods have been loaded, then the transport and handling thereafter is entirely at the Customers risk.
7.0 DIMENSIONS & DESCRIPTIONS
7.1 Bolt Traders PTY LTD and its affiliates attempt to be as accurate as possible in the description and dimensions of the goods. However, Bolt Traders PTY LTD does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Bolt Traders PTY LTD itself is not as described, the Customer’s sole remedy is to return it in unused condition.
7.2 The Customer is entirely responsible for ensuring the goods purchased are fit for purpose in terms of shape, size and colour and agrees to the same once the Customer order is confirmed.
7.3 The handmade nature of our products will mean there will be a variance between the goods versus the photo seen online.
8.0 CANCELLATIONS / RETURNS
8.1 If the goods sold are a normal stock item and the order is cancelled before despatch, a full refund will be paid to your bank account subject to final approval by Bolt Traders PTY LTD Directors.
8.2 If the goods are a normally stocked item and in transit from the manufacturer, a full refund will be made to your bank account subject to final approval by Bolt Traders PTY LTD Directors.
8.3 Custom made goods or special orders may not be returned and refunded unless at Bolt Traders PTY LTD Director’s discretion.
8.4 If approved by Bolt Traders PTY LTD Directors, goods that have already been delivered to the Customer may be subject to a 20% restocking fee prior to return to the warehouse plus other associated costs.
8.5 In any event, returns will not be accepted back if the goods AND the crate is not in its original condition including original packaging
8.6 Goods on sale, whether on clearance ex showroom or stock cannot be returned or exchanged.
8.7 In the event of change of mind Bolt Traders PTY LTD can offer an exchange within 7 days of receipt of the item, if not in stock Bolt Traders PTY LTD can offer a store credit.
9.0 INSURANCE / CLAIMS
9.1 All goods delivered to the Customer’s premises must be inspected within 48 hours of receipt of the delivery docket.
9.2 If any damage is noted, the Customer must notify Bolt Traders PTY LTD within 48 hours of delivery and in writing within 72 hours of delivery providing proof of damage and images to email@example.com (Australia).
9.3 Claims will not be accepted by Bolt Traders PTY LTD after 48 hours of receipt of the delivery docket.
9.4 Claims may be subject to inspection and if requested must be returned in their original packaging.
10.1 If an event of default occurs, or is continuing, Bolt Traders PTY LTD may immediately enforce these Terms. Without limitation this includes:
10.1.1 retaking possession of any goods not paid for by the Customer;
10.1.2 suspending delivery of any goods on order and/or refusing to process any unfulfilled order;
10.1.3 enforcing any security interest;
10.1.4 requiring payment of any proceeds held by the Customer in a separate account or otherwise;
10.1.5 appointing a receiver and manager of any of the Customer’s real or personal property. The Customer agrees that any such receiver and manager has the powers conferred by statute, at law or in equity.
The powers exercisable by Bolt Traders PTY LTD are those given by these Terms including by statute, at law or in equity.
10.2 The Customer will pay Bolt Traders PTY LTD for its expenses, including mercantile agent’s fees and any fees and commission paid to mercantile agents engaged by Bolt Traders PTY LTD in relation to the actual or contemplated enforcement of the supply agreement including legal costs and expenses on a full indemnity basis.
11.1 If a dispute arises in connection with the supply of any goods or otherwise, the Customer agrees to pay Bolt Traders PTY LTD as a condition of any dispute the amount of any disputed invoice. Such invoiced amount is to be held by Bolt Traders PTY LTD in an interest bearing deposit account until resolution of the dispute. To the extent permitted by law, until complied with, the obligation to pay the invoiced amount shall operate as an absolute bar to any defence, claim or action by the Customer.
12.0 RISK & TITLE
12.1 Risk in any goods passes to the Customer on delivery.
12.2 Title remains with Bolt Traders PTY LTD until the Customer has paid Bolt Traders PTY LTD for all goods supplied in full and in cleared funds. Until title passes to the Customer, the Customer will hold them on trust and as bailee for Bolt Traders PTY LTD.
13.0 FORCE MAJEURE
13.1 Bolt Traders PTY LTD is not liable for any delay or failure to perform any obligation in the Customer’s favour arising as a result of any event beyond Bolt Traders PTY LTD control.
14.0 GOVERNING LAW
14.1 These terms are governed by the Laws of New South Wales. The Customer submits to the non-exclusive jurisdiction of any New South Wales court or Tribunal and waives any rights to claim that courts there are an inconvenient forum.
15.0 EXCLUSION OF IMPLIED TERMS
15.1 To the extent permitted by law, Bolt Traders PTY LTD excludes all conditions, warranties, terms and consumer guarantees implied by law arising in connection with a supply of goods or services. To the extent permitted by law, Bolt TradersPTY LTD limits its liability in its discretion to replacing the goods or supplying equivalent goods, or, in the case of services, by supplying the services again. The Customer will rely entirely on its own knowledge, skill and judgment in selecting goods which it orders from Bolt Traders PTY LTD from time to time.
16.0 LIMITATION OF LIABILITY
16.1 To the extent permitted by law, Bolt Traders PTY LTD excludes any liability in contract, tort (including negligence) or otherwise, in connection with the supply of goods and services for any indirect damages or losses, or for any special, punitive or exemplary damages. This includes any liability for a claim that the goods are not fit for a particular purpose, except where the goods are consumer goods or services in which case Bolt Traders Pty Ltd’s liability is limited as under clause 16.
17.0 SECURITY AGREEMENT
17.1 The Customer agrees that these Terms, including any order and invoice covering any goods ordered by the Customer, constitute a security agreement for the purposes of the PPSA.
18.1 The Customer agrees that Bolt Traders PTY LTD may, subject to the Privacy Act, disclose commercial credit-related information of the Customer, or in the case of a Company, of the proprietors of the Customer, to credit reporting bodies for the purposes of assessing credit worthiness and providing the credit to the Customer. The Customer consents to the collection of commercial credit-related information about the Customer, from credit reporting bodies and other sources in accordance with the Bolt Traders PTY LTD Privacy (Credit Information) Policy, located on its website. The Customer also agrees that Bolt Traders PTY LTD may use personal information other than commercial-credit related information for direct marketing.
19.1 Bolt Traders PTY LTD warrant that all Customer details shall remain confidential to Bolt Traders PTY LTD unless required for delivery purposes or instructed by law.
20.1 The Customer will advise Bolt Traders PTY LTD in writing, if it changes its name, its structure or officers or management, its registered office, become a trustee of any trust or if the constitution of any partnership of which it is a member changes.
20.2 Any certificate signed by Bolt Traders PTY LTD, any director or any person authorised by Bolt Traders PTY LTD as to the amount due and payable by the Customer or as to the delivery of goods is conclusive evidence of such matters as at the date of any such certificate unless proven wrong.
20.3 If any provision of these Terms is unenforceable for any reason, it will not invalidate any other provision which will remain in full force and effect despite that invalidity.
20.4 These Terms contain the entire agreement in respect of the supply of goods or services to the Customer.
20.5 Bolt Traders PTY LTD may at any time set off any amount Bolt Traders PTY LTD owes the Customer against any amount payable by the Customer to Bolt Traders PTY LTD whether or not the amount owed to Bolt Traders PTY LTD is due and payable or actually or contingently payable by the Customer.