Terms & Conditions

Terms & Conditions

  1. Your purchase of goods from Skilled Distribution Pty Ltd T/As Tagwood BBQ Australia is subject to these Terms and Conditions of Sale (“Terms”) and any Terms of Use associated with the goods you purchase under these Terms.

If you do not accept these Terms, you must refrain from making a purchase from Tagwood BBQ Australia.

  1. PRICES

All prices quoted are in Australian Dollars ($) and include GST, unless stated otherwise.

  1. QUOTATION TERMS

Quotations are valid for 30 days, excluding errors and omissions.

Quotations are provided based on specifications outlined in specification sheets or otherwise provided by Tagwood BBQ Australia.

Quotations can come in forms of formal quote or email.

Acceptance of any quote must be in writing either from purchase online through our website or via email and or written confirmation.

  1. ORDER CONFIRMATION

Tagwood BBQ Australia will forward an order confirmation on receipt of your acceptance of the quotation. The details in the order confirmation will form the sales order.

Any variation to the sales order will need to be confirmed within 24 hours of order placement. Variations to the sales order may incur additional costs or variation to lead- time and you indemnify Tagwood BBQ Australia for any such additional costs.

  1. ORDER AMENDMENTS OR CHANGES

Once your order has been confirmed by Tagwood BBQ ANZ any request for subsequent changes must be sent in writing. Tagwood BBQ ANZ cannot guarantee requested change can be made. Any variation or cancellation agreed to by Tagwood BBQ ANZ may incur extra costs and this will be required to be agreed upon by Tagwood BBQ ANZ and customer

  1. PAYMENT TERMS

(1) Tagwood BBQ Australia will not dispatch any goods to you until full payment for the goods has been received by Tagwood BBQ Australia. Title in any goods does not pass to you until full payment of the goods is made to Tagwood BBQ Australia.

(2) 
If Tagwood BBQ ANZ is requested to hold stock in its warehouse after full payment by you the customer for longer than 21 days after full payment, then Tagwood BBQ ANZ are entitled to a storage and hold fee of $25 plus GST per cubic metre per week.

(3) Pre-Orders
(a) Where an item is not in stock, requires custom amendments or needs to be pre ordered, a 50% deposit is required for any and all items noted on the order.

This deposit is non-refundable and is an agreed cost that Tagwood BBQ ANZ has to bear when purchasing stock to be supplied.

(4) The full purchase price for the goods less any paid Deposit (Balance) is due within fourteen (14) days of the notice to you by Tagwood BBQ Australia that the order has been completed and is available at our warehouse (Invoice). Tagwood BBQ Australia may retain possession of the goods until amounts owing to Tagwood BBQ Australia by you are satisfied in full.

(5) If you default in or commit a breach of your obligations to Tagwood BBQ Australia, including failure to make payment of the Balance within fourteen (14) days of the Invoice, Tagwood BBQ Australia may, at its absolute discretion, impose any of (or combination of) the following, without prejudice to any other remedy open to it:

  • terminate these Terms and cease provision of goods and/or completion of all outstanding orders;
  • the Deposit is forfeited to Tagwood BBQ Australia to cover costs of the goods, freight, storage and administrative costs reasonably incurred by Tagwood BBQ Australia;
  • where a discount, concession or allowance was previously given by Tagwood BBQ Australia and stated on an order, such discount, concession or allowance may be withdrawn in part or in full, by written notice to you;
  • Tagwood BBQ Australia may charge interest, at the rate of 2% per annum above the current penalty interest rate set by the Penalty Interest Rate Act 1983 (Vic), on any Balance from the date being fourteen (14) days after the date of the Invoice until such amount is paid in full;
  • if payment of the Balance is not paid in full within fourteen (14) days of the date of the Invoice, Tagwood BBQ Australia may deal with those goods in its possession as it sees fit, including selling the goods to a third party, allowing Tagwood BBQ Australia to recover any loss it may have suffered; and
  • You indemnify Tagwood BBQ Australia for a storage fee of $25 per cubic meter per week plus GST until the goods are re-sold.

(g) You are liable for all costs, including legal costs (on a full indemnity basis) and mercantile agents fees, incurred by Tagwood BBQ Australia in relation to recovering any amount outstanding in respect of an invoice which you have failed to pay in accordance with the payment terms specified above, or in relation to Tagwood BBQ Australia enforcing or pursuing its rights, including in respect of any breach of these Terms by you.

(h) Where you consist of more than one party, each party shall be jointly and severally liable for all payments owed by you to Tagwood BBQ Australia.

(i) Payment can be made online via our website, or as per any terms and payment details noted within a quote, order or invoice issued.

  1. Delivery Timeframes
    Please contact our sales office for current lead time estimates. Failure to provide all relevant information requested by Tagwood BBQ Australia may delay lead times. Whilst we will make every effort to achieve nominated dispatch dates, delays do not constitute a breach of contract and Tagwood BBQ Australia is in no way liable for any resulting damages.
  2. DISPATCH AND DELIVERY
    (a) On acceptance of the order for items in stock, Tagwood BBQ Australia will advise the expected period for dispatch of the goods to you and will notify any variation from the quoted period. You acknowledge that Tagwood BBQ Australia has no control over the timing
    of delivery of the goods once they are dispatched by Tagwood BBQ Australia. Delivery enquiries should be directed to Tagwood BBQ Australia’s carrier who may also provide a tracking number to you.

(b) On acceptance of the order for items that are pre ordered, Tagwood BBQ Australia will advise the expected period for dispatch of the goods to you and will notify any variation from the quoted period. You acknowledge that Tagwood BBQ Australia has no control over the timing of delivery of the goods once they are ordered by Tagwood BBQ Australia. Delivery enquiries should be directed to Tagwood BBQ Australia’s sales person where possible for updates on arrival of orders. Once a carrier has begun pick up of goods , we will provide tracking details to you

(2) Once the goods are ready for dispatch, Tagwood BBQ Australia will update you as to the expected date on which the goods will be dispatched to you. It will be at the absolute discretion of Tagwood BBQ Australia whether to alter the dispatch date to suit your delivery preferences.

(3) Freight charges cover a single delivery to ground level or loading bay, during weekday business hours.

(4) Non-standard access (e.g. stairs and stairwell capacity, lifts and lifts capacity, weekends) must be advised in writing in the specifications at the time of order placement. We reserve the right to charge additional costs if correct access information is not provided to Tagwood BBQ Australia.

(5) Expected dispatch dates and/or completion times are estimates only unless expressly stated to be an essential term of the order and may be varied at any time by Tagwood BBQ Australia’s availability of products, materials, labour and transport and other contingencies. Expected dispatch dates and/or completion times are subject at all times to variation by Tagwood BBQ Australia, including as a result of delay or disruption by, or due to, any matter beyond Tagwood BBQ Australia’s reasonable control.

  1. INSPECTION
    (1) You are required to inspect all products supplied at the time of delivery
    to you. Our carrier will then ask you to sign the delivery docket noting confirmation of the order being correctly delivered, or any claimed variance or shortage to your order for investigation by Tagwood BBQ Australia. Any potential short deliveries are to be noted with the carrier at acceptance.

(2) You must notify Tagwood BBQ Australia in writing of any alleged damage, defect or other contractual breach within forty-eight (48) hours of delivery of the goods. If Tagwood BBQ Australia does not receive such notice within this time, you shall be deemed to have accepted the goods and Tagwood BBQ Australia’s obligations will be deemed to have been fulfilled.

  1. RETURNS AND EXCHANGES

Subject to clause G(a) of these Terms:

(1) Tagwood BBQ Australia will not accept the return of the goods delivered to you if the goods delivered have been accepted or deemed accepted by you or you wish to change your mind and cancel the order, unless we choose to do so in our sole discretion.

(2) If we do accept a return of the goods, you must arrange return of the goods, at your cost and risk, to our nominated returns depot or store, and you agree to return the goods in their original condition, in their original unopened and sealed packaging, accompanied by the original order receipt or another form of proof of purchase (as approved by us).

(3) You also agree that we are entitled to deduct from any refund of any payment made by you, the cost of the original delivery and an amount that we reasonably believe reflects the loss to us in accepting the cancellation, including any storage costs and any mark down of the price of the goods. In the case of goods which were not in-stock at the time of order, and were required to be ordered-in, you agree that the Deposit amount is forfeited to us on account of these costs.

(4) Tagwood BBQ Australia does not offer exchange or credit note on custom made goods unless the item is faulty, significantly different from what was shown to you at the time of your order, or in breach of manufacturer’s warranties or where otherwise required by law.

  1. WARRANTIES & LIMITATION OF LIABILITY

(1) The Competition and Consumer Act 2010 (Cth) may imply certain provisions, conditions, warranties and guarantees into these Terms that cannot be excluded or modified. These Terms do not exclude or modify any of those provisions, conditions, warranties or guarantees if to do so would contravene that law or make any part of these Terms void.

(2) The manufacturer may offer warranties in addition to any consumer legislation obligations, independent of Tagwood BBQ Australia. You acknowledge that any such additional warranties are offered by the manufacturer at its option, at the sole responsibility of the manufacturer, and Tagwood BBQ Australia is not liable under any such warranties.

(3) Subject to clause K(1), Tagwood BBQ Australia excludes all warranties, conditions and guarantees that may be implied into these Terms (including as to due care and skill and fitness for purpose) and limits its liability for breach of any implied condition, warranty or guarantee that cannot be excluded to (at its option) the re-supply of those goods or reimbursement of the cost of having those goods re-supplied.

(4) Tagwood BBQ Australia will use its reasonable endeavours to achieve completion and dispatch of the goods within the timing advised to you but Tagwood BBQ Australia shall have no liability to you for delay in delivery of the goods nor will you be entitled to claim against Tagwood BBQ Australia in respect of loss or damage caused by delay in completion or delivery.

  1. (6) Subject to clause K(3), to the extent permitted by law, where our liability cannot be excluded, Tagwood BBQ Australia’s liability to you shall be limited to $2,000 for any claim and an aggregate of all claims to:
    the amounts paid by you to Tagwood BBQ Australia pursuant to these Terms in the preceding 6 months prior to your notification to Tagwood BBQ Australia of the claim; or
  2. $6,000;

whichever is the lesser.

(7) The limitation in clause K(6) does not apply to claims in respect of personal injury to, illness or death of persons.

(8) Despite any other provision of these Terms, to the extent permitted by law, Tagwood BBQ Australia has no liability to you nor will you be entitled to claim against Tagwood BBQ Australia in respect of exemplary damages or consequential loss (including, but
not limited to, damages for any direct or indirect loss of business profit or revenue, business interruption and loss of business information).

(9) You acknowledge that you have not relied on any representation made by Tagwood BBQ Australia which has not been expressly stated in these Terms.

  1. (10) You indemnify Tagwood BBQ Australia against all loss, liability, cost (including legal costs on a full indemnity basis) and expense incurred by Tagwood BBQ Australia:
    in connection with any act or omission of you including, but not limited to, negligence by you or any unauthorised representation made or warranty given by you in connection with the goods; or
  2. as a result of any claim made or action brought in connection with the goods or their use, other than a claim or action brought by you under these Terms or a condition or warranty implied by law which is not lawfully excluded by these Terms.

(11) This clause K shall survive termination of these Terms.

  1. ACKNOWLEDGEMENT

You acknowledge having read and agreed to these Terms and accept that these Terms (as amended and updated from time to time) shall apply to all future contracts between Tagwood BBQ Australia and you, unless agreed otherwise in writing by both parties.

  1. SEVERABILITY AND NON-MERGER

Notwithstanding that any provision of these Terms may prove to be illegal
or unenforceable pursuant to any statute or rule of law, or for any other reason, those provisions are deemed omitted without affecting the legality of the remaining provisions and the remaining provisions of these Terms shall continue in full force and effect. Each obligation, which expressly survives or is capable of surviving termination of these Terms, continues in force despite the termination of these Terms.

  1. WAIVER

No failure to exercise and no delay in exercising on the part of any party any right, power or privilege under these Terms shall operate as a waiver nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise or the exercise of any other right, power or privilege. The rights and remedies provided in these Terms are cumulative and not exclusive of any rights or remedies otherwise provided by law.

  1. APPLICABLE LAW

Unless otherwise agreed in writing by Tagwood BBQ Australia, these Terms and the sale of all goods by Tagwood BBQ Australia shall be governed by the applicable law in the State of Victoria.