Terms & Conditions – Warranties

TESROL AUSTRALIA PTY LTD AS TRUSTEE FOR TESROL JOINERY UNIT TRUST (“TESROL”)

ABN 32 181 159 886

ORDERS AND SALES BY TESROL FOR CABINET DOORS AND OTHER PRODUCTS ARE ACCEPTED BASED ON:

Definitions/ Interpretation 

“Customer” means the purchaser and includes but is not limited to cabinetmakers, professional installers, end users and others who purchase any Tesrol products and whether as principal, agent or contractor.

“Products” means kitchen, vanity, cabinet doors, panel, or board products manufactured by Tesrol, and includes all other ancillary products sold by Tesrol.

“Tesrol” includes Tesrol Joinery Pty Ltd as Trustee for Tesrol Joinery Unit Trust (ACN003111224) and Tesrols successors and assigns. The laws of the State of New South Wales, Australia, will apply.

Offer and acceptance

Any terms or conditions of a customer’s order or other instrument, which purport to be in addition to, or which are inconsistent with these terms, shall not be binding on Tesrol unless agreed to in writing by an authorized officer of Tesrol.

Any quotation made by Tesrol is not an offer to sell and no order given in pursuance of any quotation will bind Tesrol unless and until Tesrol accepts such order in its absolute discretion.

Delivery

Any date quoted for delivery is an estimate only and Tesrol shall not be liable to the Customer for any loss or damage whether direct, indirect or consequential and howsoever arising for failure to deliver on or before the quoted date. The Customer will accept and pay for the goods if and when tendered notwithstanding any failure to deliver the goods by the quoted date. Tesrol is not liable for any penalties arising from late deliveries.

Tesrol reserves the right to deliver by installments, which does not entitle the customer to terminate or cancel any installments still to be delivered or to any loss or damage howsoever arising for failure by Tesrol to deliver any installment by the quoted date.

Upon signed delivery of goods, no Claims or Credits will be recognised after 2 days from receipt of good unless authorised by an officer of Tesrol.

Descriptions, specifications, and tolerances

Tesrol does not warrant or guarantee that any goods manufactured, constructed or supplied by Tesrol which are based in whole or in part upon any designs, drawings, measurements or specifications supplied to Tesrol by or on behalf of the customer, will achieve any standard or performance or any capacity whatsoever.

Tesrol will not be liable for any defect in the goods arising from any designs, drawings or specifications supplied to Tesrol by the customer.

The products shall be supplied and accepted within the appropriate Australian Standards.
Note that customers ordering sliding doors that require minimal or negligible “bowing” should look at installing door straightening device which can be supplied by Tesrol.

Any samples of the products exhibited to or inspected by the customer is acknowledged to be solely for the purpose of enabling a judgement and guide as to the quality of the bulk before buying and not so as to constitute a sale by sample.

Tesrol accepts no liability for failure of the products if any care instructions have not been strictly adhered to. NOTE: Claims for missing items or “non-latent” defects will only be considered by Tesrol if made within 48 hours of receipt of the goods.

Tesrol shall not be liable for any costs incurred for any product ordered incorrectly by the purchaser resulting in remaking the product. The remake of the product will be at the cost of the customer. Some designs entail heavy routering of the MDF out of the centres of the doors, this could cause a reduction in the strength of the door which can result in bowing and/or cupping of larger sizes. Tesrol is not liable for any cost due to bowing doors. Refer to our data book for more information on specific requirements.

All colours depicted in marketing material are indicative only given printing limitations. Tesrol accept no liability of colour variation. Paint products are unable to be matched exactly to other paint company colours due to material substrates and components. Best endeavours will be used to match. However, Tesrol is not liable for colour variance.

Price

The prices are nett and are subject to adjustment to conform to the latest Tesrol Product Catalogue Price List, and are subject to change without notice.

Unless otherwise specified any prices quoted do not include transportation costs. In addition to the price, the customer shall pay GST and any other government taxes applicable.

Payment

Unless stated or agreed to the contrary, the whole of the purchase price is due immediately upon delivery of the goods to the customer or the customer’s carrier or agent, and is payable on demand or, if no demand is made, within thirty (30) days after the end of the month in which the goods are delivered. Tesrol reserves the right to charge interest at the rate of ten per cent (10%) per annum calculated daily on overdue amounts.

Title to the goods shall not pass to the customer until Tesrol receives a cleared payment in full for all the goods supplied.

All goods shall be at the customer’s risk upon delivery to the customer, his carrier or agent.

Design and copyright

Design rights and copyright relating to products offered or supplied by Tesrol shall remain its absolute property, and Tesrol’s designs and copyright shall not be reproduced or disclosed without its written consent. The customer will not copy or allow others to copy the proprietary designs and any drawings or printed matter supplied by Tesrol.

Media copyright

All photographs, graphics and information found in Tesrol print and electronic media are the sole property of Tesrol (or its customers when supplied by permission for use in said publication) and cannot be reproduced or copied for any other advertising purpose in any form without written permission from Tesrol. Colours indicated on images and graphics are representative only and customers need to select colours from actual product samples.

Warranties

In the event that any supply agreement constitutes a supply of products or services to a purchaser as defined in the Trade Practices Act 1974, as amended, (“the Act”) nothing herein excludes, restricts or modifies any condition, warranty, right or remedy which pursuant to the act is applicable or is conferred on a purchase or any third party provided that Tesrols liability for such breach including any consequential loss which the customer sustains or incurs shall be limited (except to the extent specifically set forth herein) to:

• The replacement or repair of the product(s) or the supply of equivalent product(s); or
• The payment of the cost of having the product(s) repaired, based on Tesrol agreeing that the costs submitted are fair and reasonable

Subject to this clause, all conditions and warranties, which would or might otherwise be implied in a supply agreement, are hereby excluded and negated to the extent permitted by law and this is so acknowledged by the customer. In particular but without limitation any conditions or warranties (whether express or implied) relating to fitness for purpose or relating to conformity of the products with a description shall and are hereby excluded and negated to the extent permitted by law and this is so acknowledged by the customer.

In no event shall Tesrol or the customer be liable, one to the other for special, incidental or consequential damages or for any indirect damages including without any limitation for the foregoing exemplary or punitive damages, damage to property or loss of profits.

Tesrol will not warrant any Vacuum Door product installations above the latitude of -26.383 degrees, being the latitude of Noosa Heads in Queensland.

Tesrol will not warrant any product that has been moved from its original place of installation.

Tesrol will not warrant products where modifications have been made after purchase or due to faulty workmanship during the installation process. Customers cannot fix or repair any products supplied by Tesrol and then send Tesrol an invoice or claim credit without our written authority.

Tesrol products will only be warranted when stored lying flat, not standing up, in a dry and dust free environment until fitted.

For any warranty claim that requires on site work, Tesrol will organise the original cabinetmaker to quote first before proceeding. Tesrol will also compare any customer quotation to our contractors quotation and reserve the right to choose the most suitable repairer.

Warranty

TESROL VACUUM FORMED DOORS — RESIDENTIAL INDOOR USE ONLY

Subject to the conditions above, Tesrol will repair, or replace products, at its option, that are defective due to faulty workmanship or materials, free of charge, for a period of 7 years from the dated proof of initial purchase of the defective products.

No other Tesrol products are covered by this warranty.

If the customer is to rely on the warranty, the products must not be discarded or destroyed and Tesrol must be given the opportunity of inspecting the defective products, otherwise no claim under the warranty will be accepted. Tesrol’s liability in relation to repair or replacement will not extend to colour variation that is a result of wear and tear or fading of colour due to exposure to U V radiation., nor will it extend to differential colour variation over time when compared to dissimilar adjacent materials. If the products are repaired or replaced during the 7 year period, the warranty will continue but for no longer than the unexpired balance of the initial 7 year period.

Tesrol extends no warranty whatsoever to Vacuum Doors when installed in a horizontal application.

TESROL BOARD & PANELS PRODUCTS — RESIDENTIAL INDOOR USE ONLY

Subject to the conditions above, Tesrol will repair, or replace products, at its option, that are defective due to faulty workmanship or materials, free of charge, for a period of 10 years from the dated proof of initial purchase of the defective products.

No other Tesrol products are covered by this warranty.

If the customer is to rely on the warranty, the products must not be discarded or destroyed and Tesrol must be given the opportunity of inspecting the defective products, otherwise no claim under the warranty will be accepted. Tesrol’s liability in relation to repair or replacement will not extend to colour variation that is a result of wear and tear or fading of colour due to exposure to U V radiation., nor will it extend to differential colour variation over time when compared to dissimilar adjacent materials. If the products are repaired or replaced during the 10 year period, the warranty will continue but for no longer than the unexpired balance of the initial 10 year period.

Tesrol extends no warranty whatsoever to any products when installed in a horizontal application apart from our Products named : SuperClean and infinite which are covered and suitable for this use.

TESROL VACUUM FORMED DOORS & TESROL BOARD & PANEL PRODUCTS — COMMERCIAL INDOOR USE ONLY

All Tesrol products when installed in a non-residential situation will be limited & subject to a 3 year warranty only.

Tesrol extends no warranty whatsoever to any products when installed in a horizontal application apart from our Products named : SuperClean and infinite which are covered and suitable for this use.

STYLELITE BY EGR.

StyleLite product is subject to EGR StyleLite warrant policy. Should you require a copy of the warranty please email sales@tesrol.com.au.

The Tesrol guarantee

Our commitment to excellence is absolute. Tesrol has been crafting the highest quality cabinet doors for more than 35 years and has become a brand leader and the natural choice of cabinetmakers and interior designers.

All Tesrol products are subject to a rigorous quality inspection process, ensuring that every item supplied meets our standard.

Tesrol and Tesrol Doors is a division of Tesrol Australia Pty Ltd | ACN 003 111 224 | ABN 32 181 159 886