BIG RIVER GROUP – TERMS AND CONDITIONS
(Trading as Timberwood Panels)
1. Definitions
1.1 “Timberwood Panels” means Big River Group Pty Ltd trading as Timberwood Panels.
1.2 “Customer” means the purchaser of Goods from Timberwood Panels.
1.3 “Goods” means all products supplied by Timberwood Panels to the Customer.
2. Collection and Use of Information
2.1 The Customer authorises Timberwood Panels to collect, retain and use personal and commercial information for the purposes of:
Supplying Goods;
Enforcing its rights under these Terms;
Marketing products and services offered by Timberwood Panels.
2.2 The Customer authorises Timberwood Panels to disclose such information to third parties where required for the above purposes, in accordance with the Privacy Act 1988.
3. Risk and Delivery
3.1 Risk in the Goods passes to the Customer upon delivery. The Customer is responsible for insurance from that point.
3.2 Timberwood Panels may deliver Goods by instalments.
3.3 Delivery is deemed complete when:
Goods are delivered to the Customer; or
Goods are handed to a carrier or courier for delivery.
3.4 Delivery timeframes are estimates only and are not essential terms. Timberwood Panels is not liable for delays.
3.5 If delivery is delayed by the Customer, Timberwood Panels may charge reasonable storage fees.
4. Inspection, Claims and Returns
4.1 The Customer must inspect all Goods immediately upon delivery.
4.2 Claims must be made within 7 days of delivery.
4.3 The Customer is responsible for all return freight and insurance costs.
4.4 Special, custom or indent orders will not be accepted for return without prior written approval.
5. Liability
5.1 To the extent permitted by law, Timberwood Panels is not liable for any indirect, consequential or incidental loss arising from the supply of Goods.
5.2 The Customer indemnifies Timberwood Panels against all claims arising from the Customer’s use, handling or resale of the Goods.
5.3 Where liability cannot be excluded, Timberwood Panels’ liability is limited (at its option) to:
Replacement of the Goods;
Repair of the Goods; or
The cost of replacement or repair.
5.4 All technical advice and recommendations are provided in good faith. The Customer is responsible for verifying suitability for intended use.
6. Warranties
6.1 No warranties apply except:
Those required under law; or
Any express written warranty provided.
6.2 Where a product-specific warranty applies, it is subject to its own terms.
6.3 For damaged Goods, the Customer must:
Note damage on delivery documentation;
Notify Timberwood Panels within 7 days;
Retain Goods for inspection if requested.
6.4 Warranties will not apply where damage results from:
Incorrect installation or handling;
Misuse or modification;
Environmental or external factors;
Normal wear and tear;
Failure to follow Timberwood Panels’ guidelines.
7. Australian Consumer Law
7.1 Nothing in these Terms excludes or limits rights under the Australian Consumer Law.
7.2 Where Goods are supplied for business purposes, the Customer agrees that:
Consumer guarantees may be limited where permitted by law;
Liability is restricted as outlined in clause 5.
7.3 Where Goods are acquired for resale, the Customer must ensure its own terms reflect applicable limitations under Australian Consumer Law.
8. Miscellaneous
8.1 Timberwood Panels is not liable for failure to perform due to events beyond its control.
8.2 Failure to enforce any term does not constitute a waiver.
8.3 If any provision is invalid, the remaining provisions remain enforceable.
8.4 Variations to these Terms must be agreed in writing.
8.5 These Terms constitute the entire agreement between the parties.
8.6 Where inconsistencies arise, written quotations or order confirmations take precedence.
8.7 Timberwood Panels may update these Terms from time to time, with updates published on its website.
8.8 These Terms are governed by the laws of Australia, and the parties submit to the jurisdiction of its courts.