Contact

337 Unley Road Malvern
SA 5061

T 08 8291 3000
F 08 8291 3049

showroom@routleysplumbing.com.au

Trading hours

Mon - Fri 9am - 5pm
Thursday until 9.00pm
Sunday 12.30pm - 4.30pm
Closed Saturday and
Public Holidays

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Routleys

Established in 1953, owned and run by the Routley family, Routleys Plumbing Innovations P/L are an independent plumbing supply business servicing retail and trade customers. From humble beginnings we've grown to a thriving company now employing over 35 experienced staff. Routleys have built a reputation as one of Adelaide's leading suppliers of plumbing fixtures and fittings to leading builders, interior designers and home renovators. To meet the needs of our customers, we continually search Australia and overseas for quality and innovative plumbing products that represent excellent value.

Centrally located only 3km from the Adelaide CBD, at 337-339 Unley Road, Malvern; Routleys showroom is the place to visit when planning a kitchen, bathroom or laundry project.

Villeroy & Boch, Laufen, Duravit, Caroma, Dorf, Hansa, Grohe, Paco Jaansen, Gessi, Oliveri and Baumatic, are just a few of the many high profile manufactures on display at our Unley Road showroom.

When visiting the showroom you are personally greeted by Judy Routley and offered a complimentary beverage. Routleys experienced staff are committed to turning your special project into a masterpiece. All staff are fully qualified to identify your needs and will advise you on the best suited product for your application. We offer a free selection service by appointment where a sales consultant will dedicate their time to ensure that your job will flow smoothly. These selections are available Monday to Friday and for clients that have children, facilities are available to aid in making this a less stressful process. You will also have peace of mind knowing that Routleys only stock and sell the best quality products and we will not knowingly be undersold.

Routleys are proud to have been awarded the HIA Supplier of The Year 2006, 2007, 2008 & 2009, reflecting our position to provide our clients with excellent service and the highest standard of professionalism. For Quality, Value and Style you can rely on Routleys Plumbing Innovations P/L.

Routleys

Terms & Conditions of Sale (Section B)

These are the terms and conditions upon which we (as named in clause 1.1.11(i) below) sell and quote for the sale of goods.

1. Definitions and interpretation

1.1 Definitions
In these terms and conditions, unless the context otherwise requires:

1.1.1. �Credit Application" in relation to a Buyer means the Thirty Day Commercial Credit Account Application signed by the Buyer which refers to these terms and conditions.

1.1.2. "Buyer" means the Person named in the relevant Sales Invoice or Quotation.

1.1.3. "GST" means the goods and services tax as imposed by the GST Law together with any related interest, penalties, fines or other charge.

1.1.4. "GST Amount" means any Payment (or the relevant part of that Payment) multiplied by the appropriate rate of GST.

1.1.5. "GST Law" has the meaning given to that term in A New Tax System (Goods and Services Tax) Act 1999, or, if that Act does not exist for any reason, means any Act imposing or relating to the imposition or administration of a goods and services tax in Australia and any regulation made under that Act.

1.1.6. "Payment" means any amount payable under or in connection with a Quotation or Sales Invoice including any amount payable by way of indemnity, reimbursement or otherwise (other than a GST Amount) and includes the provision of any non-monetary consideration.

1.1.7. "Person" includes an individual, the estate of an individual, a corporation, an association (incorporated or unincorporated) and a statutory or other authority.

1.1.8. "Purchase Price" means the price for the goods set out in the relevant Quotation or Sales Invoice.

1.1.9. "Quotation" means the form of quotation submitted by us to the Buyer in which these terms and conditions are deemed to be incorporated.

1.1.10 "Sales Invoice" means the sales invoice issued by us to the Buyer in which these terms and conditions are or are deemed to be incorporate.

1.1.11. "We" or "us" in relation to any Quotation or Sales Invoice or in this document means Routleys Plumbing Innovations Pty Ltd ABN 45 562 639 699

1.1.12. "Tax Invoice" has the meaning given to that term by the GST Law.

1.1.13. "Taxable Supply" has the meaning given to that term by the GST Law.

1.2 Governing terms, conditions and Law

These are the only terms and conditions which are binding upon us, with the exception of those otherwise agreed in writing by us which are imposed by a statute and which cannot be excluded. The United Nations Convention for the International Sale of Goods does not apply to the contract comprised herein.� These terms and conditions and any contract including them will be governed by and construed in accordance with the laws of the State of South Australia and we and the Buyer submit to the non-exclusive jurisdiction of the courts of South Australia.

1.3 Interpretation

1.3.1. Any special conditions specified on a Quotation or Sales Invoice shall, to the extent they are inconsistent with these terms and conditions, take precedence over these terms and conditions.

1.3.2. Words importing the singular shall include the plural (and vice versa).

2. Terms of payment

2.1 The Buyer agrees that until we confirm in writing that credit terms have been granted to it all goods are supplied on a cash before delivery basis.

2.2 Unless otherwise agreed in writing, payment to us for goods delivered and accepted is due on the last working day of the month following the month in which the goods are dispatched to the Buyer. �If the Buyer fails to make payment in accordance with this clause, all amounts owing by the Buyer to us on any account shall immediately become due and payable.

2.3. In the event of failure to pay in accordance with this document� each outstanding amount shall bear interest at that rate stipulated in the Credit Application, or if the Buyer has not executed such document at 1.5 % per month on any overdue amount. We may also

2.3.1. charge a late payment fee of two percent (2%) plus GST on all amounts paid by credit card;

2.3.2. charge a dishonour handling fee at the rate advised by us from time to time where we are unable to obtain payment from the Buyers credit card provider or a cheque is not paid by the Buyers bank;

2.3.3. recover all collection costs and expenses incurred in collecting overdue accounts;

2.3.4. withhold supply;

2.3.5. sue for the money owing on the goods.

2.4 The Buyer may pay by Visa, MasterCard or bankcard. However we reserve the right to charge a handling fee for effecting payment by this method at the rate advised to the Buyer from time to time.

3. Inspection and Acceptance

3.1. The Buyer shall inspect all goods upon delivery and shall within 48 hours of delivery give notice to us of any matter or thing by which the Buyer alleges that the goods are not in accordance with the Buyer's order.� Failing such notice, subject to any non-excludable condition implied by law, such as those in the Trade Practices Act 1974 (Cth), the goods shall be deemed to have been delivered to and accepted by the Buyer.

4. Returns

When goods are returned to us, credit will only be issued under the following conditions:

4.1. Return authorisation

4.1.1. A goods return credit ("GRC") authority number must be obtained from the supply point prior to the return of any goods;

4.1.2. The Buyer must provide the invoice number and the date of purchase before a GRC will be issued;

4.1.3. The GRC authority number must be clearly marked on the packaging of goods returned to us.� Failure to comply with this requirement could result in our refusing to accept delivery of the returned goods.

4.2 Credit

All claims for credit must be supported by:

4.2.1. carriers consignment note or similar receipt of delivery;

4.2.2. our relevant invoice number; and

4.2.3. the GRC number issued by us.

4.3 Unacceptable returns

Without in any way limiting our discretion to refuse to accept the return of any goods, the following goods will not be returnable:

4.3.1 any goods that have been held by the Buyer for more than seven (7) days; or

4.3.2. any goods which are not in original condition including packaging; or

4.3.3. any goods that are manufactured as made to order ("mto") items unless faulty.� Any manufacturing surcharge is non refundable.

4.4. Faulty Goods

We will only recognise claims for faulty goods that are lodged within seven (7) days of the Buyer receiving the goods.

4.5. Carrier

Goods must be returned by the carrier specified by us.

4.6. Restocking Fee

The Buyer agrees to pay us a restocking fee at the rate advised by us from time to time.

5. Quotations

5.1. Unless previously withdrawn, a quotation is valid for 30 days or such other period as stated in it.� A quotation is not to be construed as an obligation to sell but merely an invitation to treat and no contractual relationship shall arise from it until the Buyer's order has been accepted in writing by us.

5.2. We will not be bound by any conditions attaching to the Buyer's order or acceptance of a Quotation and, unless such conditions are expressly accepted by us in writing, the Buyer acknowledges that such conditions are expressly negatived.

5.3. Every Quotation is subject to and conditional upon obtaining any necessary import, export or other licence.

5.4. An accepted quotation is taken as an order for the purposes of this document

6. Orders

6.1 By ordering goods, the Buyer is making a binding offer to purchase those goods.� Alternatively, our manufacture of goods or delivery of goods pursuant to the Buyers order shall be deemed acceptance of the Buyers offer to purchase.

6.2. The Buyer will purchase and we will supply goods to the Buyer on the terms and conditions of this document.� However, we are not obliged to supply goods to the Buyer whenever requested to do so by the Buyer.

7. GST

7.1. The parties agree that:

7.1.1. The Purchase Price (as stated on the reverse of this page) is exclusive of GST.

7.1.2. All other payments have been calculated without regard to GST.

7.1.3. Each party will comply with its obligations under the Trade Practices Act 1974 when calculating the amount of any payment and the amount of any relevant payment will be adjusted accordingly.

7.1.4. If the whole or any part of any payment is the consideration for a Taxable Supply the payer must pay to the payee an additional amount equal to the GST amount concurrently with that payment.

7.1.5. Any reference to a cost or expense in this Agreement excludes any amount in respect of the GST on part of the relevant cost or expense when incurred by the relevant party for which that party can claim an input tax credit, and the payee will provide to the payer a Tax Invoice.

8. Passing of Property and Risk

8.1. Goods supplied by us to the Buyer shall be at the Buyer's risk immediately upon delivery to the Buyer, into the Buyer's custody or at the Buyer's direction (whichever happens first).� The Buyer shall insure the goods from the time of that delivery at its cost against such risks as it thinks appropriate, shall note our interest on the insurance policy and shall produce a certificate to this effect to us upon request.

8.2. Property in the goods supplied by us to the Buyer under these terms and conditions shall not pass to the Buyer until those goods and other goods have been paid for in full.

8.3. Until the goods have been paid for in full:

8.3.1. The relationship between the Buyer and us shall be fiduciary.

8.3.2. The Buyer will hold those goods as bailee for us.

8.3.3. If the Buyer sells those goods, it has no power to commit us to any contract or liability, but as between the Buyer and us, it will sell as a fiduciary agent.

8.3.4. We will be given full ownership of any new goods or objects formed if the Buyer transforms our goods into other products or affix those goods to other objects.

8.3.5. Where those goods are disposed of, the moneys resulting from the disposal and all other proceeds (tangible or intangible) received in respect of the goods, including insurance proceeds will be kept separately in trust for us.

8.3.6. Where those goods are disposed of, the Buyer may only dispose of the goods in the ordinary course of its business on commercially reasonable terms.

8.3.7. The Buyer will keep records of those goods.

8.3.8. The Buyer undertakes that until it delivers the goods to a third party, it will store the goods on it's premises separately from it's own goods, or those of any other person, and in a manner which makes the goods really identifiable as our goods.

8.3.9. The Buyer agrees that our employees or agents may enter upon any of it's premises (doing all that is necessary to gain access) where it is reasonably thought goods supplied under this agreement might be stored for the purpose of examining or recovering goods.

8.4. It is agreed that the provisions of this clause apply notwithstanding any arrangement under which we grant credit to the Buyer.

9. Supply

9.1. We reserve the right to suspend or discontinue the supply of goods to the Buyer without being obliged to give any reason for our action.

9.2. We reserve the right to modify the design of the goods without notice.

9.3. We are not obliged to supply goods when requested to do so by any Buyer.

10. Part Deliveries

10.1 We reserve the right to make part deliveries of any order, and each part delivery shall constitute a separate sale of goods upon these terms and conditions.� A part delivery of any order shall not invalidate the balance of an order.

11. Installation

11.1 A�Quotation or Sales Invoice is made on a supply only basis.� Installation and commissioning (if any) is at the Buyers expense.

12. Dimensions, Performance Data and Other Descriptive Details

12.1. Photographs, drawings, illustrations, weights, dimensions and any other particulars accompanying, associated with or given in a Quotation, descriptive literature or a catalogue approximate the goods offered but may be subject to alteration without notice.

12.2. Any performance data provided by us or a manufacturer is an estimate only and should be construed accordingly.

12.3. Unless agreed to the contrary in writing, we reserve the right to supply an alternative brand or substitute product when necessary.

13. Shipment and Delivery

13.1. We reserve the right to deliver the goods by instalments.� Any delivery times notified to the Buyer are estimates only.� If the Buyer requests us to postpone delivery of the goods beyond the delivery date or dates specified in the Buyers order, we may agree to do so if the Buyer agrees to pay an additional fee for such postponement.

13.2. If we do not receive any delivery instructions sufficient to enable us to dispatch the goods within fourteen (14) days of the Buyer being notified the goods are ready for delivery, the Buyer shall from the fifteenth day after notification:

13.2.1. be deemed to have taken delivery of the goods;

13.2.2. be liable for storage charges, payable monthly on demand;

13.2.3. assume risk in the goods.

13.3. Containers (which includes but is not limited to stillages, formers and pallets) in or on which goods are delivered remain our property.

13.4. Upon acceptance of an order by us we will seek confirmation of the period of shipment or delivery.� If any variation has occurred in the quoted period, we will notify you.� Unless the Buyer objects in writing within 7 days of that notification to the Buyer, this period of shipment or delivery notified to the Buyer will be the contractual period for shipment or delivery.

13.5. A delivery charge will apply to all deliveries with the exception of back order deliveries which are part of an original order that has been partly fulfilled.

13.6 Unless otherwise agreed in writing, if we prepay freight, insurance, custom and import duties (if any), landing and delivery charges and all other charges in connection with shipment and delivery of the goods, then any such charges shall be to the Buyer's account.� We reserve the right to nominate the means of delivery.

14. Manufacturers' Changes

Where we are acting as agent for a manufacturer or supplier, we shall not be liable for any alteration or variation in the goods made by this manufacturer or the supplier.

15. Currency

Where goods are imported into Australia, any adverse variation in the price arising from fluctuation in exchange rates between the date of the Buyer's order and the date of payment by us will be to the Buyers account.

16. Contingencies

16.1 Any charge, duty, impost, sales tax or other expenditure which is not applicable at the date of Quotation, acceptance of an order, or a Sales Invoice but which is subsequently levied upon us in relation to a Quotation or Sales Invoice as a result of the introduction of any legislation, regulation or government policy, shall be to the Buyer's account.

16.2. Any increase in exchange rates, costs of labour, materials and overheads after the date of Quotation or acceptance of an order that adds to the cost of the goods will be to the Buyers account.

17. Force Majeure

17.1 If the performance or observance of any obligations of any we are prevented, restricted or affected by reason of a force majeure event including strike, lock out, industrial dispute, raw material shortage, breakdown of plant, transport or equipment or any other cause beyond our reasonable control, we may, in our absolute discretion give prompt notice of that cause to the Buyer.� On delivery of that notice we are excused from such performance or observance to the extent of the relevant prevention, restriction or affection.

18. Default of Buyer

18.1. If these terms and conditions are not strictly observed by the Buyer, we may in our absolute discretion, refuse to supply to the Buyer and we shall not be liable to the Buyer for any loss or damage the Buyer may sustain as a result of such refusal.

18.2. The costs of collection of any moneys are due and payable by the Buyer, including the fees of any mercantile agent or lawyer engaged by us shall be payable by the Buyer.

18.3. If the Buyer:

18.3.1. fails to pay for any goods on the due date; or

18.3.2. otherwise breaches this agreement and fail to rectify such breach within seven (7) days notice; or

18.3.3. cancels delivery of goods; or

18.3.4. commits an act of bankruptcy; or

18.3.5. allows a trustee in bankruptcy or receiver and manager to be appointed to the Buyer or any of the Buyers property; or

18.3.6. allows distress to be levied or a judgment, order or security to be enforced, or to become enforceable against the Buyers property; or

18.3.7. is a company and:

18.3.7.a. proceedings are commenced to wind the Buyer up or any of the Buyers subsidiaries; or

18.3.7.b. a controller, receiver, administrator, liquidator or similar officer is appointed to the Buyer or in respect of any part of the Buyers property,then we and our agents may enter upon the Buyers premises (doing all that is necessary to gain access) where goods have been supplied under this contract are situated at anytime and retake possession of any or all of the goods we have supplied to the Buyer; and

18.3.8. we reserve the right to:

18.3.8.a. resell the goods concerned; and

18.3.8.b. terminate the agreement.

18.4 Resales

18.4.1. If we conduct a re-sale pursuant to clause 18.3;

18.4.1.a. we may do so at our premises or place; and

18.4.1.b. the re-sale may, at our discretion, be by public or private sale; and

18.4.1.c. we may recover from the Buyer as liquidated damages for loss of bargain, the difference between the re-sale price and the unpaid price (together with any incidental damages, such as holding expenses and charges but less expenses saved as a result of the Buyers breach).

18.4.2. If applicable goods cannot be sold within three (3) months of the first attempted sale, those goods will be deemed to have a re-sale price of nil.

19. Buyer's Cancellation

19.1. Unless otherwise agreed in writing, the Buyer shall have no right to cancel an order which has been accepted by us.� If a right of cancellation is expressly reserved to the Buyer, such right of cancellation must be exercised by notice in writing from the Buyer to us not later than 7 days prior to the estimated date of delivery by the manufacturer or us as the case may be. Upon cancellation prior to delivery any deposit paid by the Buyer shall be forfeited to the manufacturer or us (as the case may be).

20. Warranty and Liability

20.1. We make no express warranties under this Agreement except that to the extent that the goods supplied are covered by any manufacturer's warranty, we will pass on to the Buyer the benefit of the manufacturer's warranty.

20.2. Upon discovery of any defect in the goods supplied by us the Buyer shall immediately notify that to us in writing.� The Buyer shall not carry out any remedial work to allegedly defective goods without first obtaining our written consent to do so.

20.3. We do not exclude or limit application of any provision of any statute (including the Trade Practices Act (Cth)) where to do so would contravene that statute or cause any part of this clause to be void.

20.4. We exclude all conditions, warranties and terms, whether expressed or implied by law or otherwise in respect of the goods which may apart from this clause be binding upon us, except any implied conditions and warranties the exclusion of which would contravene any statute or cause this clause to be void.

20.5. To the extent permitted by statute, our liability, if any, arising from the breach of any implied conditions or warranties in relation to the supply of goods other than goods of a kind ordinarily acquired for person, domestic or household use or consumption, shall at our option be limited to:

20.5.1. The replacement of the goods or re-supply of the goods.

20.5.2. The repair of the goods.

20.5.3. The payment of the cost of replacement of the goods.

20.5.4. The payment of the cost of repair of the goods.

20.6. We exclude all liability to the Buyer in negligence for acts or omissions of us, our employees, agents and contractors and all liability to the Buyer in contract for consequential or indirect loss or damages, arising out of or in connection with this Agreement.

20.7. The Buyer expressly acknowledges and agrees that it has not relied upon any advice given by us, our agents or employees in relation to the suitability for any purpose of goods or materials supplied by us.

21. Charge

21.1. If the Buyer is an individual, the Buyer hereby charge in favour to us:

21.1.1. any land that the Buyer owns (or acquire after the date hereof) as security for any and all moneys owning to us and hereby authorise us to register a caveat over the land if the Buyer default in making a payment of any amount due to us;

21.1.2. all the Buyers personal property including, without limitation, all the stock, motor vehicles, plant and equipment and debtors that the Buyer own (or acquire after the date hereof) as security for any and all moneys owning to us and hereby authorise us to register with any competent authority, the charge over the property if the Buyer defaults in making payment of any amount due to us.

21.2. If the Buyer is a corporation, the Buyer will on request, charge all chattels and real property owned by the Buyer as security for any unpaid amount and cause to be executed and registered at ASIC such documents as necessary to complete the charge.

22. Alteration to Conditions

22.1. We may, at any time and from time to time, alter these terms and conditions.

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