Terms and Conditions
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Last Updated: 8/12/2025
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CLIENT TERMS
These Client Terms, together with any Client Order (defined in clause 1), set out the agreement (this ‘Agreement’) under the terms of which The Trustee for Altruism Trust t/a Ceramics and Brass (ABN: 37 477 260 739) (the Company) provides Products and/or Services (defined in clause 2) to you or the company which you represent (the Client).
CLIENT FORM, THIS AGREEMENT
a) These Client Terms will apply to all the Client’s dealings with the Company, including being incorporated in all agreements, quotations or orders under which the Company is to provide products and/or services to the Client (each a Client Order) together with any additional terms included in such Client Order (provided such additional terms are recorded in writing).
b) The Client will be taken to have accepted this Agreement if the Client accepts a Client Order, or if the Client orders, accepts or pays for any products and/or services provided by the Company after receiving or becoming aware of this Agreement or these Client Terms.
c) In the event of any inconsistency between these Client Terms and any Client Order, the clauses of these Client Terms will prevail to the extent of such inconsistency.
d) The Client is responsible for confirming that the Client Order accurately specifies (if applicable):
1. the quantity and specifications of the Products and/or Services required;
2. and the agreed Fees, other rates.
PRODUCTS AND SERVICES
a) In consideration for the payment of the fees set out in the Client Order (Fees), the Company will provide the Client with services set out in a Client Order (Services) and/or goods set out in a Client Order (Products). Any design advice or associated service will form part of the Products.
b) Where the context permits the terms ‘Products’ and ‘Services’ shall be interchangeable when used in this Agreement.
c) Unless otherwise agreed, the Company may, in its discretion:
1. not commence work on any Products or Services until the Client has paid any Fees or deposit payable in respect of such Products or Services;
2. and withhold delivery of Services until the Client has paid an invoice in respect of such Services.
CLIENT OBLIGATIONS
a) (General) The Client must provide the Company with all documentation, information and assistance reasonably required for the Company to perform the Services.
b) (Liaison) The Client agrees to liaise with the Company as it reasonably requests for the purpose of enabling the Company to provide the Services.
c) (Permits) The Client warrants that they hold valid licences or are otherwise permitted to own and use the Products (Permits). The Company reserves the right to request proof of such Permits, cancel any Client Order in the absence of such Permits and charge administration fees if orders are placed for Products where the Client does not hold such Permits.
PAYMENT
FEES
The Client must pay to the Company fees in the amounts and at the times set out in the Client Order or as otherwise agreed in writing.
INVOICES
Unless otherwise agreed in the Client Order:
a) if the Company issues an invoice to the Client, payment must be made by the time(s) specified in such invoice;
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b) and in all other circumstances, the Client must pay for all goods and services within 2 weeks of receiving an invoice for amounts payable.
PAYMENT METHOD
The Client must pay Fees using cash EFT or eftpos and no other payment method will be accepted.
GST
Unless otherwise indicated, amounts stated in a Client Order do not include GST. In relation to any GST payable for a taxable supply by the Company, the Client must pay the GST subject to the Company providing a tax invoice.
CARD SURCHARGES
The Company reserves the right to charge credit card surcharges in the event payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
LATE PAYMENT AND DEBT RECOVERY
If the Client does not pay an amount due under this Agreement on or before the date that it is due:
a) the Company may seek to recover the amount due by referring the matter to debt collectors;
b) the Client must reimburse the Company for any costs it incurs, including any legal costs, in recovering the amount due or enforcing any of its rights under these terms;
c) the Client authorises the Company, its employees and agents to enter any premises occupied by the Client or any other place where Products are located and use reasonable force to retake possession of the Products without liability for trespass or any reasonable damage; and
d) the Company retains the right, without limiting any other rights under this Agreement, to charge the Client interest at a rate of 10% per annum on the outstanding amount. However, before applying this interest, the Company will provide the Client with a written notice giving an additional 7 days to complete the payment. If payment is still not received by the end of this 7-day grace period, interest will accrue from the expiration of that period until the date the full payment is received by Company.
PRICING
a) The Client acknowledges that despite the Company’s reasonable precautions, Products may be listed at an incorrect price, or with incorrect availability and/or other information, due to typographical errors and/or oversight. In such circumstances, the Company reserves the right to substitute the Products with a comparative product, if agreed by the Client or cancel Client Order, even if the Client Order has been paid for and previously accepted by the Company.
b) If the Company cancels a Client Order in accordance with 7(a), the Company will, as soon as practicable, contact the Client and issue a refund for any payment the Client has made for the cancelled order.
c) The Company will endeavour to make any refund under this clause using the same payment method as the payment method used by the Client during the original purchase, however may vary this method at its discretion.
PRODUCT INFORMATION
The Company endeavours to ensure that the descriptions and specifications in relation to the Products on its website or in catalogues are accurate. However, photographs, drawings, illustrations, weights, dimensions and any other particulars accompanying, associated with or given in a quotation, descriptive literature or a catalogue are based on information provided by manufacturers and suppliers and, as such the Company does not guarantee that those descriptions and specification are accurate or free from errors or omissions, except to the extent required by applicable law. The Company reserves the right to make any necessary corrections to the descriptions or specifications without notice.
MADE TO ORDER PRODUCTS
The Client acknowledges:
a) certain Products (including tapware) are manufactured or sourced specifically to order;
these Products cannot be cancelled or returned for change of mind once the order is placed.
b) This does not affect the Client’s rights under the Australian Consumer Law if the Product is faulty or not as described
CHANGE OF MIND RETURNS OR RESTOCKING FEES
a) The Company does not refund or accept returns for change of mind.
b) If the Company agrees in their sole discretion to accept a return of any Product that is not required to be refunded or re-supplied, the Products must be unopened, in original packaging, and in resalable condition.
c) A restocking fee of 24% of the Order and any return freight costs will apply. Restocking fees do not apply to returns required under the Australian Consumer Law.
PRE-INSTALLATION CHECKS AND INSTALLER RESPONSIBILITY
a) Before installation, the Client and/or installer must check that:
1. Products match the Client Order (including size, finish, batch, and shade);
2. Quantities are sufficient to complete the project, including allowances for wastage;
Products are free from visible defects.
b) The Company is not liable or responsible for installation of Products that were not reasonably inspected or reviewed prior to installation.
c) The client agrees and accepts that installation constitutes acceptance of Products for apparent issues (e.g., shade, batch, size).
d) This clause does not limit your rights under the Australian Consumer Law for defects that could not reasonably be detected before installation.
Tiles
e) The Client acknowledges that tile slip resistance varies by product and finish and the Company provide slip rating information where available.
f) The Client and/or installer is responsible for selecting Products suitable for the intended area and complying with relevant building codes and safety standards.
Tapware
g) Tapware supplied by the Company is provided with WaterMark certification and WELS registration details where required. Tapware must be installed by a licensed plumber in accordance with Australian Standards and applicable laws and failure to do so will result in a void warranty.
TITLE AND RISK
a) Until the price of Products is paid in full, title in those Products is retained by the Company.
b) Risk in the Products will pass to the Client on delivery or on completion of purchase.
c) If the Client fails to take the Products after the Client has completed the purchase, the Company may, at its option, keep or resell the Products provided that the Company provides the Client with a full refund (excluding any credit card surcharges or other transaction fees).
d) If the Client does not pay for any Products on the due date for payment, the Client authorises the Company, its employees and agents to enter any premises occupied by the Client or any other place where the Products are located and use reasonable force to retake possession of the Products without liability for trespass or damage.
e) The Company may at its option keep or resell Products retaken from the Client.
f) If the Client sells Products or sells items into which Products are incorporated before payment in full to the Company, the Client acknowledges that such sale is made by the Client as bailee for and on behalf of the Company, to hold the proceeds of sale on trust for the Company, in an account in the name of the Company, and must pay that amount to the Company on demand.
g) Where the Company provide Products on credit terms, title remains with the Company until full payment is received. The Client grants the Company a security interest in the Products and their proceeds under the Personal Property Securities Act 2009 (Cth) and consents to registration of that interest on the PPSR. The Client must do all things reasonably required to perfect that security interest.
DELIVERY
COST AND OBLIGATIONS
a) Unless otherwise indicated, amounts stated in Client Orders, on the Company’s website or in stores, do not include delivery.
b) For Products to be delivered, the Company will charge the Client for delivery (notwithstanding that it may not have previously done so).
c) Delivery is to the delivery point specifically accepted by the Company.
d) If the Company is unable to complete the delivery within the agreed time schedule due to the Client’s absence or other fault of the Client, the Client will be liable for all charges and costs incurred, including but not limited to warehousing, transportation and redelivery.
e) If the Client organises delivery independently of the Company, the Company shall not be held liable for non-delivery, lateness of delivery or loss or damage of Products during transit.
f) The Company may, at its discretion, deliver the Products to the Client in any number of instalments.
DAMAGE IN TRANSIT
Unless the Company is delivering the Products, the Company shall not be liable for loss of or damage to Products in transit and the Client must make all claims for such loss or damage against the carrier. The Company encourages the Client to take out insurance to protect itself for loss of or damage to Products in transit.
DEFECTIVE PRODUCTS AND ACCEPTANCE
DEFECTIVE PRODUCTS
Where the Client considers that any Products provided by the Company are defective, the Client must, within a reasonable time of receiving the Products, inform the Company of that fact in writing.
CLIENT’S OBLIGATIONS
Where Products are the subject of a notice under clause 12.1:
a) the Client must, at the Company’s option:
1. leave the Products in the state and condition in which they were delivered until such time as the Company or its duly authorised agent has inspected the Products; or
2. send the Company photographs, descriptions or other material evidencing the defects in the Products at sales@ceramicsandbrass.com.au;
b) the Company will inspect the Products and/or evidence of defects in the Products within a reasonable time after notification by the Client;
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c) and if paragraph 12.2(a) is not complied with, the Client will be taken to have accepted the Products and the Company will be entitled to the price for the Products set out in any Client Order.
CALL-OUT FEE
The Company reserves the right to charge the Client a call out fee, if upon inspection of the Products in accordance with clause 12.2(a)(i), the Company determines that the Products are not defective in accordance with clause 12.5.
REPAIRS OR REPLACEMENTS OF DEFECTIVE GOODS
Subject to clause 17, if, upon inspection, in the reasonable opinion of the Company:
the Products are defective;
a) the Products were not damaged by the Client and/or the Client did not fail to take reasonable steps to prevent the Products from becoming damaged;
b) or the Products are otherwise not in conformity with the Client Order, then at the discretion of the Client, the Company will:
1. replace the Products or supply the equivalent of the Products;
2. repair the Products;
3. pay the Client the cost of replacing the Products or acquiring equivalent Products; or
4. pay the Client the cost of having the Products repaired.
GOODS CONSIDERED NOT TO BE DEFECTIVE
If, upon inspection, in the reasonable opinion of the Company:
a) the Products are not defective;
b) or the Products are defective due to an act or omission of the Client, misuse, failure to use in accordance with the manufacturer’s instructions, or failure to take reasonable care by the Client;
c) and the Products are otherwise in conformity with the Client Order, the Company will refuse the Client’s return, the Client will be taken to have accepted the Products and the Company will be entitled to the price for the Products set out in any Client Order.
ACCEPTANCE
Except where notice has been given in accordance with clause 12.1, acceptance of the Products is deemed for all purposes to have taken place:
a) when the Client makes known to the Company that it has accepted the Products;
b) when the Client, after delivery of the Products, does any act in relation to them which is inconsistent with the Company’s ownership of the Products;
c) or upon the expiry of seven days from the date of delivery, whichever first occurs.
WEAR AND TEAR
Products that have been subject to regular wear and tear will not be considered to be defective.
THIRD PARTY GOODS AND SERVICES
a) If the Company is required to acquire goods or services supplied by a third party, the Client may be subject to the terms and conditions of that third party (‘Third Party Terms’).
b) The Client agrees to any Third Party Terms applicable to any goods or services supplied by a third party that the Client or the Company acquires as part of providing the goods or services and the Company will not be liable for any loss or damage suffered by the Client in connection with such Third Party Terms.
WARRANTIES
a) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.
b) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, the Client may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.
LIABILITY
To the maximum extent permitted by law and subject to clause 18.1(b), the total liability of each party in respect of loss or damage sustained by the other party in connection with this agreement is limited to the amount paid by the Client to the Company under the most recent Client Order.
CONSEQUENTIAL LOSS
To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any goods or services provided by the Company, except:
a) in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property;
b) or to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).
SURVIVAL
Any clause that by its nature would reasonably be expected to be performed after the termination or expiry of this Agreement will survive and be enforceable after such termination or expiry.
DISPUTE RESOLUTION
a) A party claiming that a dispute has arisen under or in connection with this agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.
b) A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
c) Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.
FORCE MAJEURE
a) If a party (Affected Party) becomes unable, wholly or in part, to carry out an obligation under this agreement (other than an obligation to pay money) due to a Force Majeure Event, the Affected Party must give to the other party prompt written notice of:
1. reasonable details of the Force Majeure Event;
2. and so far as is known, the probable extent to which the Affected Party will be unable to perform or be delayed in performing its obligation.
b) Subject to compliance with clause 22(a) the relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.
c) The Affected Party must use its best endeavours to overcome or remove the Force Majeure Event as quickly as possible.
d) For the purposes of this agreement, a ‘Force Majeure Event’ means any:
1. act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;
2. strikes or other industrial action outside of the control of the Affected Party;
3. war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or
4. any decision of a government authority in relation to COVID-19, or any threat of COVID-19 beyond the reasonable control of the Affected Party, to the extent it affects the Affected Party’s ability to perform its obligations.
NOTICES
a) A notice or other communication to a party under this agreement must be:
1. in writing and in English;
2. and delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
1. 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this Agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
2. when replied to by the other party, whichever is earlier.
GENERAL
GOVERNING LAW
This Agreement is governed by the law applying in QLD.
JURISDICTION
Each party irrevocably submits to the exclusive jurisdiction of the courts of QLD, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this Agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its rights or obligations under this Agreement without the prior consent of each other party (such consent not to be unreasonably withheld).
RELATIONSHIP
Nothing contained in this Agreement creates an agency, partnership, joint venture or employment relationship between the Company and the Client or any of their respective employees, agents or contractors.
Neither party nor any person acting on its behalf may hold itself out as being entitled to contract or accept payment in the name of or on account of the other party.
AMENDMENTS
This Agreement may only be amended by a document signed by each party.
WAIVER
No party to this Agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
FURTHER ACTS AND DOCUMENTS
Each party must promptly do all further acts and execute and deliver all further documents required by law or reasonably requested by another party to give effect to this Agreement.
ENTIRE AGREEMENT
This Agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this Agreement.
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