Shipping policy

6. Delivery of Goods

6.1 Delivery ("Delivery") of the Goods is taken to occur at the time that Savoy (or Savoy’s nominated carrier) delivers the Goods to the Client's nominated address even if the Client is not present at the address.
6.2 At Savoy’s sole discretion the cost of delivery is included in the Price within the Sydney Metropolitan Area. Deliveries to any other area are at the client’s cost
6.3 The Client must take delivery by receipt or collection of the Goods whenever they are tendered for delivery. In the event that the Client is unable to take delivery of the Goods as arranged then Savoy shall be entitled to charge a reasonable fee for redelivery and/or storage.
6.4 Any time or date given by Savoy to the Client is an estimate only. The Client must still accept delivery of the Goods even if late and Savoy will not be liable for any loss or damage incurred by the Client as a result of the delivery being late.

7. Risk

7.1 Risk of damage to or loss of the Goods passes to the Client on Delivery to a carrier and the Client must insure the Goods on or before Delivery to a carrier.
7.2 If any of the Goods are damaged or destroyed following actual delivery to the Client but prior to ownership passing to the Client, Savoy is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by Savoy is sufficient evidence of Savoy’s rights to receive the insurance proceeds without the need for any person dealing with Savoy to make further enquiries.
7.3 If the Client requests Savoy to leave Goods outside Savoy’s premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Client's sole risk.
7.4 Savoy will not accept responsibility for any damage to the goods sold due to microenvironments caused by air-conditioning, heating or large expanses of glass windows without curtains or blinds.
7.15 The Client acknowledges and accept that:

(a) whilst tile and ceramic manufacturers make every effort to match dye lots, colours or shade may vary between batches of product and/or between sales samples and actual product supplied; and

(b) ceramic and tile manufacturers cannot guarantee to produce perfectly uniform patterned product, therefore there is no guarantee that patterned product will match perfectly when installed.

7.6 Timber where it forms part of the product sold is a hydroscopic material subject to expansion and contraction, therefore Savoy will accept no responsibility for gaps that may appear in the timber products supplied during prolonged dry periods.
7.7 The Client acknowledges that Goods supplied may:

(a) fade or change colour over time; and

(b) expand, contract or distort as a result of exposure to heat, cold, weather; and 6

(c) mark or stain if exposed to certain substances; and

(d) be damaged or disfigured by impact or scratching.

8. Client's Responsibilities

8.1 It is the Client's responsibility to:

(a) have all areas clean and clear to enable scheduled deliveries

(b) make the premises available for delivery on the agreed date and range of times. If delivery is interrupted by the failure of the Client to adhere to the agreed schedule agreed to between Savoy and the Client, any additional costs will be invoiced to the Client as an extra.

(c) To store the goods sold and delivered by Savoy in a secure and safe environment until property passes under this agreement in those goods to the client

9. Accuracy of Client's Plans and Measurements

9.1 Savoy shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Client. The Client acknowledges and agrees that in the event that any of this information provided by the Client is inaccurate, Savoy accepts no responsibility for any loss, damages, or costs however resulting from these inaccurate plans, specifications or other information.

10. Access

10.1 The Client shall ensure that Savoy has clear and free access to the delivery site at all times to enable them to undertake the delivery. Savoy shall not be liable for any loss or damage to the site (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas) unless due to the negligence of Savoy.

11. Compliance with Laws

11.1 The Client agrees and warrants that the delivery site will comply with any work health and safety (WHS) laws relating to building/construction sites and any other relevant safety standards or legislation and covenants with Savoy to indemnify Savoy in respect of any fines levied or damages claimed in respect of or arising directly or indirectly from a breach of this warranty..

12. Title

12.1 Savoy and the Client agree that ownership of the Goods shall not pass to the client until:

(a) the Client has paid Savoy all amounts owing to Savoy ; and

(b) the Client has met all of its other obligations to Savoy .

12.2 Receipt by Savoy of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognized as a cleared deposit by Savoy’s Bank.
12.3 It is further agreed that:

(a) until ownership of the Goods passes to the Client in accordance with clause 12.1 that the Client is only a bailee of the Goods and must return the Goods to Savoy on request.

(b) the Client holds the benefit of the Client's insurance of the Goods on trust for Savoy and must pay to Savoy the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed.

(c) the Client must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Client sells, disposes or parts with possession of the Goods then the Client must hold the proceeds of any such act on trust for Savoy and must pay or deliver the proceeds to Savoy on demand.

(d) the Client should not convert or process the Goods or intermix them with other goods but if the Client does so then the Client holds the resulting product on trust for the benefit of Savoy and must sell, dispose of or return the resulting product to Savoy as it so directs.

(e) the Client irrevocably authorises Savoy to enter any premises where Savoy d believes the Goods are kept and recover possession of the Goods.

(f) Savoy may recover possession of any Goods in transit whether or not delivery has occurred.

(g) the Client shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of Savoy.

(h) Savoy may commence proceedings to recover the Price of the Goods sold to the Client notwithstanding that ownership of the Goods has not passed to the Client.