Terms and Conditions

These Terms and Conditions (Terms), as amended or replaced from time to time, apply to any goods or services supplied or to be supplied to the Customer, or any third person on the Customer’s behalf. Any reference to the Customer also includes its respective successors or permitted assigns. The singular includes the plural and the converse. If the Customer constitutes more than one person or entity, the Terms bind each of them jointly and severally.

1. Payment

The Customer must pay the invoiced amount on delivery, free of any set off, counterclaim or any other deduction. Credit card payments will attract a fee. Kalessi Bathroom and Tiles may allocate payments in any manner it chooses.

2. Risk and Title

  • Risk in any goods passes to the Customer on delivery.
  • Title remains with Kalessi Bathroom and Tiles until the Customer has paid Kalessi Bathroom and Tiles 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 billed for Kalessi Bathroom and Tiles.
  • The Customer must store any goods belonging to Kalessi Bathroom and Tiles separately from other goods in its possession, prevent any deterioration to them and clearly mark them as Kalessi Bathroom and Tiles’s goods.

3. Orders and Delivery

  • Each order by a Customer will constitute an offer only, by the Customer to Kalessi Bathroom and Tiles
  • Kalessi Bathroom and Tiles reserves the right to vary any prices quoted by Kalessi Bathroom and Tiles, prior to any order being accepted
  • Kalessi Bathroom and Tiles will not be responsible for any failure to fulfil any part of any such order, nor entitle the Customer to cancel or vary any such order
  • Delivery to the Customer will be at Kalessi Bathroom and Tiles’s premises or as requested by the Customer. If the Customer has not collected goods from Kalessi Bathroom and Tiles after 14 days of any nominated delivery date, the Customer must pay all storage costs
  • Kalessi Bathroom and Tiles will not be liable for any delays. All expenses relating to delivery, insurance, transit or storage of goods after delivery to the Customer will be at the Customer’s cost
  • Kalessi Bathroom and Tiles may stop goods in transit whether or not delivery has been made, if the Customer is in fault at any time
  • Kalessi Bathroom and Tiles may in its absolute discretion unload goods at any premises that the Customer nominates for delivery. If the Customer is not in attendance at any nominated premises, Kalessi Bathroom and Tiles may leave any goods and 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
  • Delivered goods may not be returned unless defective or damaged in transit. Claims for defective or damaged goods must be notified within 24 hours of delivery and made in writing within 2 days of invoice date. Kalessi Bathroom and Tiles will not be liable for any claim advised after that time. Claims are subject to inspection and must be returned in their original packaging
  • Custom made goods or special orders may not be returned.
  • The Customer irrevocably authorizes Kalessi Bathroom and Tiles and any of its lawful agents, at any reasonable time, to enter the Customer’s premises or any premises occupied by the Customer or its agents and re-take any goods and then to re-sell those goods and retain the proceeds of the sale without prejudice to Kalessi Bathroom and Tiles’s rights to claim the balance of all costs due. The Customer indemnifies Kalessi Bathroom and Tiles in respect of any such entry. The provisions of this clause survive the termination of any security agreement that arises in respect of these Terms.

4. Enforcement

  • If an Event of Default occurs or is continuing, Kalessi Bathroom and Tiles may immediately enforce these Terms. Without limitation this includes:The powers exercisable by Kalessi Bathroom and Tiles are those given by these Terms including by statute, at law or in equity
    • retaking possession of any goods not paid for by the Customer
    • suspending delivery of any goods on order and/or refusing to process any unfulfilled order
    • requiring payment of any proceeds held by the Customer in a separate account or otherwise
    • 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 the Corporations Act
  • In the event that the Customer has not been paid for the sale of Kalessi Bathroom and Tiles’s goods by any of its own customers, at Kalessi Bathroom and Tiles’s option, Kalessi Bathroom and Tiles may in addition to the powers in s 120 of the PPSA, collect that account on giving, to that customer, notice in writing to that effect. Kalessi Bathroom and Tiles will be entitled to issue proceedings in the Customer’s name against its customer for recovery of that account for Kalessi Bathroom and Tiles’s benefit. The Customer appoints Kalessi Bathroomware as its attorney for that purpose. The Customer indemnifies Kalessi Bathroom and Tiles in respect of any such action and proceedings. For the purposes of this clause, the Customer must keep proper records and accounts in respect of such unpaid sales, including the dates of sale, price, amount and identity of such customer and Kalessi Bathroom and Tiles’s goods
  • Kalessi Bathroom and Tiles may in its discretion despite s 14(6) of the PPSA apply any moneys received in respect of any PMSI obligations of the Customer on a pro rata basis
  • The Customer will pay Kalessi Bathroom and Tiles for its expenses, including mercantile agent’s fees and any fees and commission paid to mercantile agents engaged by Kalessi Bathroom and Tiles in relation to the actual or contemplated enforcement of the supply agreement including legal costs and expenses on a full indemnity basis.

5. Force Majeure

Kalessi Bathroom and Tiles is not liable for any delay or the failure to perform any obligation in the Customer’s favour arising as a result of any event beyond Kalessi Bathroom and Tiles’s control.

6. Confidentiality

Any security agreement that arises under these Terms is confidential. Despite this, the Customer agrees that Kalessi Bathroom and Tiles may disclose any information concerning it to any interested person under s 275(6) of the PPSA.

7. Governing law

These Terms are governed by the laws of Victoria. The Customer submits to the non-exclusive jurisdiction of any Victorian court and waives any rights to claim that courts there are an inconvenient forum.

8. Time

For the purposes of any payment obligation under these Terms, time is of the essence.

9. Survival of indemnities

Each indemnity and payment obligation of the Customer under these Terms is a continuing obligation, separate and independent from all other obligations, and survives termination of these Terms.
It is not necessary for Kalessi Bathroom and Tiles to incur expense or make a payment before enforcing a right of indemnity.

10. Exclusion of implied terms

To the extent permitted by law, Kalessi Bathroom and Tiles excludes all conditions, warranties, terms and consumer guarantees implied by law (including the Australian Consumer Law) arising in connection with a supply of goods or services. To the extent permitted by law, Kalessi Bathroom and Tiles 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 Kalessi Bathroom and Tiles from time to time.

11. Limitation of liability

To the extent permitted by law, Kalessi Bathroom and Tiles 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 Kalessi Bathroom and Tiles’s liability is limited as under clause 13.

12. Disputes

If a dispute arises in connection with the supply of any goods or otherwise, the Customer agrees to pay Kalessi Bathroom and Tiles as a condition of any dispute the amount of any disputed invoice. Such invoiced amount is to be held by Kalessi Bathroom and Tiles 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.

13. Consent

The Customer agrees that Kalessi Bathroom and Tiles 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 Kalessi Bathroom and Tiles Privacy (Credit Information) Policy, located on its website.

The Customer also agrees that Kalessi Bathroom and Tiles may use personal information other than commercial-credit related information for direct marketing in accordance with Kalessi Bathroom and Tiles’s Privacy Policy located on its website.

14. Dictionary

Default means:

  • The Customer fails to pay when due any cost owing to Kalessi Bathroom and Tiles under these Terms
  • The Customer gives any third party a security interest in accounts as original collateral in respect of the proceeds of any goods supplied by Kalessi Bathroom and Tiles;
  • An Insolvency Event occurs or is continuing
  • The Customer breaches any other provision of these Terms; or
  • Upon any member of Kalessi Bathroom and Tiles’s Credit Team, posting by ordinary pre-paid post, emailing or faxing a letter advising that all money owing to Kalessi Bathroom and tiles is, despite any agreement to the contrary, immediately due and owing

Goods mean any goods Kalessi Bathroom and Tiles supplies to the Customer whether on consignment or otherwise under these Terms. They include goods described on any invoice, quotation, work authorisation or any other forms Kalessi Bathroom and Tiles provides the Customer or any order the Customer gives Kalessi Bathroom and Tiles.
GST means any goods and services or similar tax, together with any related interest, penalties, fines or other charge. Tax invoice, taxable supply and value have the meaning given to them by the GST Law.
GST Law means A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Guarantor means that person, or entity, who agrees to be liable for the Customer’s debts whether on a principal debtor basis or who is otherwise a surety of the Customer.

Insolvency Event:

  • An administrator is appointed to the Customer or any Guarantor
  • Except for the purpose of a solvent reconstruction or amalgamation previously approved by Kalessi Bathroom and Tiles:
    • an application or an order is made, proceedings are commenced, a resolution is passed or proposed in a notice of meeting, an application to a court or other steps are taken for:
      • the Customer’s winding up, dissolution or administration or of any Guarantor; or
      • the Customer or any Guarantor entering into an arrangement, compromise or composition with or assignment for the benefit of creditors or a class of them; or
    • the Customer ceases, suspends or threatens to cease or suspend the conduct of all or a material part of its business or dispose of or threaten to dispose of a material part its assets.
  • The Customer or any Guarantor is, or under legislation is presumed or taken to be, insolvent or cease to carry on our business
  • A receiver and manager, administrative receiver or similar officer is appointed in respect of the Customer or any Guarantor
  • Any distress, attachment, execution or other legal process is levied, enforced or sued out on or against all or any material part of the Customer’s assets or of any Guarantor and is not discharged or stayed within 14 business days
  • A security interest becomes enforceable or is enforced

PPSA means the Personal Property Securities Act 2009 (Cth).
The expressions account, financing statement, financing change statement, PPSR, proceeds, purchase money security interest (pmsi), security agreement, security interest, verification statement have the meanings given by the PPSA.

Without limitation, security interest bears its natural meaning and applies to all land and licences and personal property that is not personal property covered by the PPSA and value have the meaning given to them by the GST Law.

15. Refund policy

Kalessi Bathroom and Tiles will not refund products with returned with damaged packaging NO EXCEPTIONS. All returns must be made within 2 days. All returns incur a 30% restock fee.

Lucky Estate Pty. Ltd. T/A Kalessi Bathroom and Tiles A.B.N.: 50168753419