Terms And Conditions

hg.com.au

The name ‘Hardware & General’ or ‘H&G’ or ‘us’ or ‘we’ refers to the owner of the site hg.com.au (the ‘site’), whose registered office is Hardware & General Supplies Ltd ACN 000 332 105. The site is a shopping website where you can browse, select and order products from us. The ‘buyer’ or ‘you’ refers to any legal entity purchasing from us.

The buyer’s access to and use of the site, including product orders placed by you through this site, is governed by these terms.

By accessing or using this site you agree to do so on the terms and conditions set out here and elsewhere in the site ("Terms of Use"). Please read these Terms of Use carefully before using the site. These Terms of Use are in addition to the specific Terms and Conditions that apply to the products and services offered by Hardware & General stores.

H&G may amend the Terms of Use at its discretion and without notice by posting the amended Terms of Use on this website. A copy of the current Terms of Use will be available on this website at all times. By continuing to use the site you accept the Terms of Use as they apply from time to time. You should visit this page periodically to review the Terms of Use. If you violate any Terms of Use your right to use and access this website automatically terminates.

We reserve the right to change or discontinue any feature or part of this site, the hours of availability and the programs required to obtain access.

Disclaimer
Many of our products come with a guarantee or warranty from the manufacturer. In addition, they come with guarantees that cannot be excluded under Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any further reasonably foreseeable loss or damage. You are entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

All queries regarding products, such as returns, faults, loss, damage or product use should be directed to [email protected] and refer to Returns Policy.

We do not warrant, guarantee or make any representations regarding the accuracy, adequacy, reliability, completeness or timeliness or any other aspect of the information available on the site ("Information") or that it is suitable for your intended use. The Information is provided "as is" without warranty of any kind, express or implied to the full extent permitted by law, including, but not limited to implied warranties of merchantability and fitness for purpose.

H&G is not liable to any party for any direct, indirect, economic or consequential loss or damage for any use of or reliance upon the Information found on this website or on any other linked website, including, without limitation to, loss suffered in connection with out of date materials or transmission of computer viruses, lost profits, business interruption, loss of programs or data, even if we are expressly advised of the possibility of such damages. If your use of the website or the information results in the need for servicing or replacing equipment or data, we are not responsible for those costs.

The use of the site and the Information is at your own risk.

H&G excludes, to the maximum extent permitted by law, all warranties, representations, and implied terms and any liability which may arise in relation to access to or use of this website or the Information.

Links
You may be able, through hypertext or other computer links, gain access to other sites on the Internet that are not part of the H&G site. The linked websites included in this site are not under the control of H&G and we are not responsible for the content of any linked website or any link contained in a linked website, or changes or updates to such websites. We provide these links for your convenience. The inclusion of any link does not imply an endorsement of the linked site by us or a relationship with the organisation to which the links are provided. You link to any such linked website at your own risk. H&G is not a party to any transaction between you and a linked website.

Jurisdiction
It is your responsibility to ensure that use of this site is in accordance with the laws of the relevant jurisdiction where the material is viewed or received.

Your access to and use of this site is governed by and construed in accordance with the laws of New South Wales, Australia, and you agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

Intellectual Property
Copyright © Hardware & General Supplies Ltd 2024. All rights reserved.
You acknowledge and agree that all content, coding, text, graphics and Information available on this website is protected by copyright, trademark or other intellectual property rights and laws.

All other use, copying, adaptation, transmission or reproduction of this website or any part of it is prohibited except to the extent permitted by Australian and international copyright law.

The trademarks which appear on this website are the trademarks of their respective owners. Use of these trademarks without the owner's consent will infringe the respective owner’s intellectual property rights. Nothing in this website should be interpreted as granting any rights to use or distribute any names, logos, or trademarks except with the express written consent of the respective owner.

No part of this website may be reproduced, modified, or distributed in any form or manner without the prior written permission of H&G.

Severability
If any provision of the Terms of Use is unlawful, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining Terms of Use. This is the entire agreement between the parties relating to the subject matter.

Privacy
H&G complies with the Privacy Act 1988 and the Australian Privacy Principles. We collect, use and disclose personal information as set out in our Privacy Policy. By providing personal information you consent to the collection, use and disclosure of personal information as set out in the H&G Privacy Policy.

Cookies
Cookies may be used on this website to gather data in relation to this website and you consent to this (although you may be able to disable cookies on your web browser).

Social Media
We are not endorsed, sponsored or administered by Facebook, nor is Facebook associated with any contest or claims we make in any advertisement.

Returns Policy
You may return new, unopened items within 7 days of delivery for a full refund if the return is a result of our error (you received an incorrect or defective item, etc.). Should it be a change of mind purchase if you bought the wrong size, model, type then you are also welcome to a return. H&G want you to be satisfied with your purchase. You can return the unopened & unused goods at your cost within 7 days of delivery to Hardware & General and we will process your return as soon as possible. This return policy is strictly for items that were not custom made, tinted or cut to size.

1- Must be within 7 days of delivery.
2- Must be shipped back to us prepaid, in a saleable condition and unopened.
3- Should there be missing or damaged items must be notified by email with photos and detailed description of problem.

You should expect to receive your refund within four weeks of returning your package to Hardware & General, however, in many cases you will receive a refund more quickly. This time period includes the transit time for us to receive your return to the correct Hardware & General branch the sale occurred in (3-5 business days), the time it takes us to process your return once we receive it (3 to 5 business days), and the time it takes your bank to process our refund request (5 to 10 business days).

If you need to return an item, simply login to your account, view the order using the "Complete Orders" link under the My Account menu, and click the Return Item(s) button. We'll notify you via e-mail of your refund once we've received and processed the returned item. Just to confirm, the item needs to be returned within 30 days of purchase in perfect condition.

RETURNS ON SPECIAL ORDERS
Products that are non-stock items and are specifically ordered in for the customers, or have been custom made for the customer are not returnable due to the customer (or a representative of the customer) error or change of mind. Other items, that may be returned will attract a return fee in excess of 25%.

Note: Returns for warranty reasons are included under Australian Consumer Law.

Shipping
Using a combination of Australia Post and Courier Services to achieve fast reliable delivery, we ship throughout Australia and internationally when possible.

When you place an order, the shipping fee will be automatically calculated and added to your total transaction price. Please note there may be additional charges if shipping to non-metro, rural areas of NSW, QLD, VIC, TAS, SA, WA. These extra charges usually appear, when a courier near your location needs to be engaged to achieve delivery. These unforseen charges, unfortunately can not be calculated in the shopping cart. Note, we are constantly working to illiminate this issue.

We reserve the right to revise the postage costs. We will contact you on such occasions to discuss the extra costs, if the item or items are no longer required we will issue a refund, promptly. Note, just to be clear, there are sometimes extra postage costs involved with certain products and destinations that are not covered in our shopping cart postage calculations.

Australia Post Options
We offer Australia Post options as part of our delivery service. A 10% handling fee is included in these postage charges. Note there are some limitations to "Same-Day" postage, that are beyond our control. If the order is placed to late in the day, it won't be processed in time. If same-day postage is paid for but not received, a refund of the difference between standard and same-day postage will be promptly issued.

How long will it take to receive my order?
We use several trusted courier services, and in majority of cases your order will be dispatched and on its way to you within 7 days. Should there be any delays a H&G member of staff will contact you as soon as the delay is realised.

Australia post is usually a faster option, in line with the standard delivery times offered by Australia Post. Express post is usually the next day, if ordered before 1pm.

Note: We do everything possible to get your order to you as soon as possible, but we can take no responsibility for unforeseen delays due to couriers and the postal service.

What if part of my order is missing.
Please check immediately upon delivery. Any shortages or errors must be reported to H&G within 24 hours. You must provide via email a detailed report on what is missing and/or damaged and provide photos of damaged goods.

What warranty do your products come with?
Warranty is covered by the product's manufacturer. This can be found on their website. Should you need further information on a particular product's warranty please make contact with H&G on 02 8456 1188 and we can help point you in the right direction. Please ensure you keep your receipt for proof of purchase otherwise the warranty will not be able to be claimed should you need it.

Commercial Credit Account Applications - Terms & Conditions
Note: Our terms and conditions for Commercial Credit Account Applications are occasionally updated. If you require the latest copy, please call accounts receivable on 02 8456 1240 or email us at [email protected] and we will be happy to assist with your enquiry.

TERMS OF SALE & TERMS AND CONDITIONS OF CREDIT ACCOUNTS

General Provisions

These terms and conditions are binding upon Hardware and General Ltd (ACN 000 332105) (“Company” and “we”) and the customer and any guarantors under any credit arrangement with Hardware and General. Any direction or request by the Customer either verbal or written to procure goods or services from Hardware and General will be deemed as acceptance by the Customer of these Terms. In no circumstances will amendments to these terms, or alternate terms supplied by the Customer to Hardware and General apply unless expressly agreed in writing by a director or credit manager of Hardware and General. Any terms proffered as a counteroffer or variation as contained in customer purchase orders, email requests or verbally are deemed rejected.
The Company reserves the right to update these Terms & Conditions from time to time and will publish the current Terms & Conditions on its web site at www.hg.com.au. By placing an order with the Company, the Customer fully accepts all of the Company's Terms & Conditions in place at the time of ordering. Any changes made to these Terms & Conditions after an order is place will not be applicable to that order. These Terms & Conditions are the whole of the agreement between the Customer and the Company.
“Special Orders” means orders placed by the Customer for any item(s) that we do not normally carry in stock or that have been specially ordered in or specially made to meet the Customer's requirements. Refer especially to paragraphs 25, 30, 31, 32 & 33.
Nothing in these Terms of Sale & Terms and Conditions of Credit Accounts (hereinafter referred to as the Terms & Conditions) is intended to or shall be read or applied so as to exclude, restrict or modify or have the effect of excluding restricting or modifying any condition warranty guarantee right or remedy implied by law (including the Competition & Consumer Act 2010).
If any part of these Terms & Conditions is found to be invalid or of no force or effect the remainder shall be construed as though such part had not been inserted, and the remainder shall retain their full force and effect.
The headings and numberings of the clauses of these Terms & Conditions are intended for convenience only and shall not In any way affect the construction thereof. The clauses under the heading Terms of Sale and Terms and Conditions of Credit Accounts are incorporated into and are part of these Terms & Conditions.
This Agreement shall be governed by and construed in accordance with the laws of New South Wales. The Company and the Customer agree to submit solely to the jurisdiction of the Courts of that State.
Any failure, delay, relaxation or indulgence on the part of the Company in exercising any power or right conferred upon the Company by these Terms & Conditions does not operate as a waiver of that power or right, nor does any single exercise of any power or right precludes any other or further exercise of it or the exercise of any other power or right under these Terms & Conditions.
The Customer represents and undertakes that it has and will continue to (i) conduct its business in an ethical and responsible manner, (ii) avoid or disclose to the Company any conflict of interest related to their relationship, (iii) ensure compliance with applicable laws and regulations, including but not limited in relation with privacy and data protection, export controls and sanctions, modern slavery, anti-bribery and corruption, and (iv) not engage or participate in any criminal or fraudulent behaviour.
The Company will collect, use, hold, and disclose personal information generally in accordance with its privacy policy and all applicable laws, including the Privacy Act 1988 (Cth). Personal information collected by the Company in performance of these Terms and Conditions will only be collected, used, held, or disclosed for the purposes of providing the Goods, developing the business relationship with the Customer, and otherwise with consent of the Customer.
No failure or omission to carry out or observe any of the conditions of these Terms and Conditions shall give rise to any claim against the Company or result in a breach of these Terms and Conditions if such failure or omission arises by reason of delay or inability to obtain materials as a consequently of epidemic, pandemic, fire, storm or other action of the elements, accidents, government restrictions or from other causes whether like or unlike the foregoing which are unavoidable or otherwise beyond the reasonable control of the Company.
If any dispute arises in relation to Goods supplied by the Company to the Customer, the parties must use their best endeavours to amicably resolve such dispute. Notwithstanding the foregoing, the Company may by notice in writing to the Customer at any time prior to determination by a court require that such dispute or part thereof be determined by arbitration according to law. The arbitration is to be conducted in accordance with the relevant Commercial Arbitration Act (of whatever name) of the State or Territory nominated as being the governing law and in the capital city of that State or Territory. The Company may give notice that any dispute with the Customer is arbitrated with any other dispute relating to the same Goods or issues. There is to be a single arbitrator appointed by agreement or failing agreement by the president of the law society of that State or Territory. The arbitrator’s decision is final and binding subject to any right of appeal under the relevant Commercial Arbitration Act.
The reference of a dispute to arbitration does not affect the Customer’s obligation to pay the price for the Goods when due which must be paid without deduction or equitable or other set off pending the resolution of any dispute whether referred to arbitration or otherwise.

Terms of Sale.

The Company provides a next-day delivery service for most items in stock, for deliveries within the Sydney metropolitan area to any safe and normally accessible ground floor site during normal weekday working hours. We will make all reasonable efforts to deliver the goods to the Customer on the date agreed as the delivery date, but we will be under no liability to the Customer If delivery is not made on the delivery date.
The delivery times and dates made known to the Customer are estimates only and the Company accepts no responsibility for costs charges or other consequences arising from failure to deliver at any specified lime or date and under no circumstances shall the Company be liable for any loss, damage or delay arising from late or non-delivery of the goods.
Customers may always elect to collect goods themselves or arrange for the goods to be picked up themselves If delivery times are critical or of the essence.
At our discretion we may choose to charge a fee for delivering goods to the Customer. However, if the manufacturer or supplier of the goods delivers the goods direct to the Customer and charges the Company to do so, the Company will pass on the delivery or handling fee to the Customer.
The Customer agrees not to make any claim against the Company for late delivery or for any damage loss or liability suffered by the Customer arising out of or In any way connected with the delivery of goods to the Customer or at the Customer's direction. The Customer agrees to indemnify and keep indemnified the Company from any liability or loss suffered by the Customer or the Company or any other person or party arising out of or in any way connected with the delivery of the Goods.
The Customer acknowledges and agrees that goods left at unattended sites shall be the Customer's sole responsibility once they are delivered and that if the Customer is not represented on site when the delivery is made then the delivery driver's signature on the transport documents shall be conclusive proof of delivery and that the goods were delivered in good order and condition.
In the event that the Customer is unable or unwilling to accept delivery of the goods (whether delivered by the manufacturer or the Company or a third party) then the Customer shall be liable for any and all additional delivery charges, storage costs, charges and expenses.
Notwithstanding any other clause, the Customer shall bear all risk of loss or damage to the goods upon and from delivery to the Customer or delivery at the Customer's direction. The Customer Is responsible for putting In place all necessary policies of Insurance as It may deem appropriate to Insure against any risk of loss or damage.
All goods sold shall remain the sole and absolute property of the Company as legal and equitable owner until the Customer has paid all monies owing by the Customer to the Company in full (and any cheques have cleared), but such goods shall be at the risk of the Customer as soon as delivered to, or to the order of, the Customer. The said goods shall be held by the Customer so as to indicate that they are the property of the Company until the Customer has paid all monies owing by the Customer to the Company In full (and any cheques have cleared).
If the Customer, being an individual, commits an act of bankruptcy, or the Customer being a company, circumstances arise where a receiver, manager, administrator or controller becomes entitled to take possession of any of the Customer’s assets, or any proceedings are instituted for the Customer’s winding up, or the Customer enters into a deed of company arrangement, or the Customer cease or threaten to cease conducting business in the normal manner or apply for deregistration or receive a deregistration notice, or any cheque the Customer provides to the Company is dishonoured for payment, or the Customer fails to comply with any demand for payment issued by the Company, or the Customer breaches any of the terms and conditions contained herein and/or are in default of any other agreement between the Company and the Customer, then, without prejudice to any of the Company’s other rights, the Customer’s right to sell the Goods in the ordinary course of business and any of the Customer’s other rights in respect of the products, immediately cease; and the Customer must immediately return to the Company the Goods in which title has not passed to the Customer.
The Customer agrees that these Terms & Conditions and in particular clause 0 creates a purchase money security interest (“PMSI”), as defined in the Personal Property Security Act 2010 (Cth) (PPSA), in all goods (and their proceeds) supplied presently and in the future by the Company to the Customer.
The Customer agrees to do all things necessary and execute all documents reasonably required by the Company to register the PMSI in the Personal Property and Securities Register (PPSR) for any Good supplied under these Terms & Conditions and ensure that the Company acquires a perfected security interest in the goods under the PPSA.
Any PMSI does not lose Its priority as a result of the renewal, refinance, consolidation or restructure of the subject matter of these Terms & Conditions and any purchase money obligations.
The Customer, until ownership of the goods passes, waives its rights under the following provisions, of the PPSA, to the extent that ii is permitted by law:
- receive a notice of Intention of removal of an accession (s.95);
- receive a notice that the Company has determined to enforce its security interest In accordance with land law (s.118);
- receive a notice of enforcement action against liquid assets (s.121(4));
- receive a notice of disposal of goods by the Company purchasing the goods (s.129);
- receive a notice to dispose of goods (s.130);
- receive a statement of account following disposal of goods (s.132(2));
- receive notice of any proposal of the Company to retain the goods (s.135(2));
- to object to any proposal of the Company to either retain and dispose of goods (s.137(3));
- to redeem the goods before the Company disposes of it (s.142);
- to reinstate the security agreement (s. 143);
- to receive a notice of any verification statement (s.157(1) and s.157(3)).

The Company may also contract out of any other provisions of the PPSA not specified In clause 0) above, as may be permitted by the PPSA as the Company determines from time to time.
The Customer further agrees that where the Company has rights In addition to those under Part 4 of the PPSA, those rights shall continue to apply.
The Company has the right to terminate the Customer's right to possession of goods still owned by the Company under these Terms & Conditions If:

the Customer's cheque is dishonoured for payment, or
the Customer falls to comply with any demand for payment Issued by the Company, or
the Customer breaches any of the Terms & Conditions or this agreement. Upon any such event happening the Company may repossess the Goods.

The Customer agrees that, if the Company has cause to exercise any of its rights under s 110 of the PPSA, then the Company Is entitled and permitted and is hereby given a license and permission to enter any premises where it believes that goods supplied by it and unpaid for are located and to repossess and sell such goods. The Customer will Indemnify and keep indemnified the Company In respect of any claims, actions and costs that may arise against the Company In relation to the removal, repossession, and sale of the goods pursuant to the Terms & Conditions Including any claims brought by third parties.
The Customer agrees that repossession and retention of the Goods pursuant to the PPSA will only satisfy so much of the monies which may become payable by the Customer to the company as Is equivalent to the Company's estimation of the market value of the goods as they are to be used by the Company as at the date of repossession and the repossession and retention will Immediately extinguish any rights or Interest the Customer has on the Goods.
Until ownership of the Goods passes, the Customer must not give to the Company a written demand, or allow any other person to give the Company a written demand, requiring the Company to register or remove a financing charge statement under the PPSA or enter into or allow any other person lo enter into the personal property securities register a financing charge statement under the PPSA.
If the Company prepares a product or a materials list or order or other documentation from specification or information provided by the Customer, or if the Company provides any advice based on specifications or information provided by the Customer, then the Company Is not responsible for its accuracy or completeness and the Customer must verify and check all such documents and advice itself. The Customer agrees that all responsibility and liability In each case shall rest with the Customer who agrees to Indemnify and keep indemnified the Company In respect of any claims, actions and costs that may arise against the Company from the Customer or any third parties.
Any quotation made by the Company shall not be construed as a binding obligation to sell and accordingly the Company reserves the right to accept or reject or modify or amend at its discretion any orders which it may receive.
Goods ordered by the Customer as Special Orders, or under quotations, or goods ordered by the Customer to eliminate pending price rises may be charged to the Customer's account upon the Company receiving or being invoiced for such goods and will be paid for by the Customer under the normal terms of the account irrespective whether the Customer has taken delivery of the goods or not.
The Customer assumes responsibility for checking the goods delivered against the goods ordered and for the suitability, correctness or fitness of the goods purchased. If the goods have been installed used or applied then that shall be deemed evidence that the Customer has inspected and accepted the goods before they were installed used or applied and the Customer will not be entitled to make any claim that incorrect goods were supplied or delivered.
Due to variations in raw materials and other factors, tiles, paint, timber and other goods may vary in shade, colour, glaze, finish or in other ways from goods of the same description displayed or advertised by the company or sold at other times by the company under the same description. No claims in respect to variations in shade, colour, glaze or finish etc. of goods sold by the company will be accepted after the goods have been installed, used or applied.
No claims for shortages will be recognised after 7 days from the date of delivery, and the Customer acknowledges that 7 days is sufficient and reasonable time for the Customer to inspect the goods and notify the Company of any discrepancies.
Returns and/or Exchanges of goods will not be accepted or recognised unless the Invoice Number or Delivery Docket Number is quoted at the time of return.
If goods are accepted for return and the reason for the return is no fault of the Company, the Company may charge the Customer a handling fee of 15% of the invoiced price of these goods, plus, where we are required to collect the goods, additional fees to cover transport costs may be charged. Any further fees for returns made by the Supplier for returns or cancellation of Special Orders will be passed on and also charged to the Customer.
Goods returned are to be in original condition and original packaging and be fit for resale otherwise no credit or exchange will be given.
Any charges made by the supplier or manufacturer for handling charges on returns or cancellation of Special Orders will be passed on and charged to the Customer.
The Company reserves the right not to exchange or accept as returns any Special Orders that are unable to be returned to the manufacturers.
Subject to the provisions of any relevant legislation, all goods sold carry only such warranty, if any, as is furnished by the Manufacturer or Supplier thereof. The Customer acknowledges and agrees that each of the Company, the Manufacturer or the Supplier must be given every opportunity to inspect and make good any defective product and that any failure by the Customer to give every opportunity to the Company or the Manufacturer or the Supplier to inspect and make good any defective product will operate as a waiver of the Customer's rights to claim against or withhold payment from the Company for the goods in question. Customers must not remove or make any repairs or replacements of goods without the Company's prior approval as to do so will operate as a waiver of the Customer's rights to claim against or withhold payment from the Company for the goods.
Tiles are not guaranteed against crazing.
As far as permitted by law the Company's only obligation is to replace the goods or arrange for the goods to be repaired by the manufacturer or supplier or to refund the purchase price of the faulty goods, whichever is appropriate in the Company's opinion. The Customer accepts and agrees that subject to Legislation, the Company's maximum liability for any product it has sold shall not exceed the purchase price of the product sold and the Customer indemnifies the Company from any claims exceeding the purchase price.
The Customer acknowledges and agrees that the Company does not accept back-charges or any other form of reimbursement claims from the Customer for late delivery, missing, faulty or damaged goods and the Company has no liability for any costs charges or other consequences arising from late, missing, faulty or damaged goods. The Customer agrees not to make any such claims and to indemnify the Company and keep it indemnified from such claims.
CONSUMER GUARANTEES (WHERE APPLICABLE)

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

to cancel your service contract with us; and
to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods.

If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion.

You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

Terms and Conditions of Credit Accounts

Should there be any variation to any of the information supplied by the Customer in the Credit Application or in the structure or management of the Customer or in the nature of its business including (but not limited to) changes in directors or senior management or changes in partnership or conversion to or from a company or to or from a trust, then the Customer shall notify the Directors or Credit Manager of the Company in writing within 7 days of the date of any such change. Unless notice of such variation or change is given to and acknowledged by a Director or Credit Manager of the Company in writing, it is agreed that the original Customer and any Guarantors on this Application shall remain liable to the Company as though any goods or services supplied by the Company were supplied to the original Customer as set out in the Credit Application.
The Company provides credit for commercial purposes only and the Customer warrants that the goods that it purchases using this credit facility will not be used by the Customer for their personal, domestic or household use. The Company can provide a separate Cash Account facility for personal, domestic or household use. The granting of credit does not oblige the Company to extend any particular amount of credit to the Customer, and the Company may withdraw, refuse, reduce, suspend or limit credit to the Customer at any time, in its absolute discretion, without notice or providing any reason. In no circumstances will the Company incur any liability to the Customer for any exercise of its discretion.
Payment in full is due no later than the 30th day of the month following the month of invoicing (except in February when the due date will be the 28th). The Customer must pay to us in full for the goods even if there was a delay in delivery or if the Customer disputes the quality, quantity or conditions of the goods delivered. If a payment due by the Customer is not made on the due date for payment, the Company may without further notice to the Customer be entitled to charge interest on the monies so due, on and from the due date at the rate of 10% per annum calculated daily to the date of actual payment. If there is a breach of any of these Terms & Conditions all monies payable by the Customer shall at the Company's discretion become immediately due and payable notwithstanding that the abovementioned due date has not been reached. The Customer will not have or claim to have any right to set off or deduct any amounts that it believes are due to it or may become due to it by the Company and the Company will settle all such amounts and/or accounts separately.
The Company may elect in writing or by its conduct, in its absolute discretion, to extend the above payment terms so as to enable the Customer to be compliant with clause 0.
The Customer may deduct an Early Payment (or “Settlement”) discount of 2% from the amount of any invoice provided that; it is not marked “Net” and the payment is received on or before the 20th day of the following month, and the account is paid by either cash, cheque or EFT, and the Customer shows on the remittance advice how the discount is calculated. Customers who pay by Credit Cards will not be entitled to this 2% discount.
The Company will provide the Customer with a Statement of Account at monthly intervals. If the Customer disputes any item appearing on a Statement in part or in whole, it must advise the Company within at least fourteen (14) days of receiving the Statement. In such case, the Customer agrees to pay for all other charges appearing on the Statement within the trading terms as set out herein and if the Company rejects the Customer's reasons for disputing any amount that amount will be due for payment as per clause 0.
Wherever possible the Company prefers to send invoices and statements by email to the address or addresses you have nominated on the application form. Changes of address must be notified to us as per clause 0. By providing us with an email address you are expressly giving consent to receiving invoices and statements by email and any other promotional materials which we from time-to-time think will be of interest or benefit to you. The Consumer may, by providing the Company a written request, opt-out of receiving any promotional materials.
To secure payment of all monies which may become payable by the Customer to the Company the Customer hereby charges with the due payment of those monies all of the Customer's interest in real property both present and future and the Customer consents to the Company lodging a caveat or caveats noting its interests thereunder.
To further secure payment of all monies which may become payable by the Customer to the Company, the Customer hereby grants to the Company: (a) a security interest in all of the Customer's interest in all personal property both present and after acquired with the due and punctual payment of those monies and the Customer consents to the Company registering its security interest on the personal property securities register pursuant to the PPSA. (b) a fixed charge over all present and after-acquired property of the Customer in relation to which the Customer cannot be a granter of a security interest under the PPSA.
The Customer agrees to do all things necessary and execute all documents reasonably required by the Company to register the security interest granted by the Customer under these Terms & Conditions and also to ensure that the Company acquires a perfected security interest in the personal property under the PPSA. Any security interest does not lose its priority as a result of the renewal, refinance, consolidation or restructure of the subject matter of these Terms & Conditions. The Customer waives its rights under the provisions, of the PPSA, referred to in clause 0 above. The Company may also contract out of any other provisions of the PPSA not specified in clause 0 as may be permitted by the PPSA at the Company’s discretion from time to time. The Customer further agrees that where the Company has rights in addition to those under Part 4 of the PPSA, those rights shall continue to apply.
Without limiting the generality of any of the charges or security interests in these Terms & Conditions, the Customer agrees, on the Company's request, to execute any documents and do all things necessary required by us to register:

an interest on the PPSA register; or
a mortgage security or other instrument of security over any real property.

In the event that the Customer fails to do the request as outlined in clause (a)and / or clause (b) within 7 days’ time of being so requested, the Customer irrevocably and by way of security, appoints the Company's Credit Manager or any solicitor engaged by the Company to be the Customer's true and lawful attorney to execute and register such instruments.
The Customer must pay the Company for and indemnify the Company against all claims, costs expenses, legal fees and losses incurred in registering, securing, pursuing and recovering any monies due and payable by the Customer. Fees for dishonoured cheques will also be added to the Customer's account.
The Company offers a password facility to restrict access and unauthorised purchases on the account. The Customer is advised to make use of this facility and if the Customer does not then the Customer acknowledges that they do so at their own risk and will not be entitled to raise a claim with the Company or withhold payment on the account on the basis that certain purchases were not authorised or not made by or on behalf of the Customer. Customers who do place a password restriction on their account must make every effort to keep the password secure as the Customer will not be entitled to withhold payment on any purchase where the Customer's password was correctly supplied to the Company at the time of ordering according to the Company's records.
Customers’ Purchase Order Numbers are only considered by the Company to be an aid to the Customer's account keeping practices. If the Customer requests the Company to make reference on any invoices to Purchase Order Number(s) then the Company will make every effort to assist the Customer however errors in or a failure to obtain or make reference to a Customer's Purchase Order Number(s) will not entitle the Customer to withhold payment and the Customer acknowledges and agrees to this.
When the Customer has authorised one or more people to make purchases on the Customer's account that authorisation shall be a continuing authorisation until such time as the Customer provides written notice to a Director or Credit Manager of the Company withdrawing the authorisation of the named person(s). Payment of an invoice will constitute evidence of authorisation for the purchaser to make the purchase(s) shown on the invoice. The Customer accepts and agrees that the Company cannot be held responsible for claims that purchases were unauthorised when the Customer does not notify it that a person(s) who was authorised is no longer authorised to buy on the account.

TERMS OF SALE – TRADE CASH ACCOUNTS/ RETAIL CUSTOMERS

General Provisions
1. These Terms and Conditions apply to all sales of goods by Hardware and General Ltd (ACN 000 332 105) (“the Company”, “we”, “our”) to any retail or cash sale customer (“Customer”).
2. Any order, purchase, or request for goods made by the Customer, whether verbal, written, or electronic, constitutes acceptance of these Terms and Conditions.
3. The Company may update these Terms and Conditions from time to time. The latest version will be available on the Company’s website at hg.com.au, and the Terms in force at the time of purchase will apply to that transaction.
4. Nothing in these Terms excludes, restricts, or modifies any rights or guarantees under the Competition and Consumer Act 2010 (Australian Consumer Law) or any other applicable legislation.
5. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
6. These Terms are governed by the laws of New South Wales, and the parties submit to the jurisdiction of the courts of that State.

TERMS OF SALE

Orders and Acceptance

1. Any quotation provided by the Company is not a binding offer to sell. The Company reserves the right to accept or reject any order at its discretion.
2. “Special Orders” refer to goods that are not normally stocked or are specially ordered or manufactured to meet the Customer’s requirements.

Delivery

1. The Company will make reasonable efforts to deliver goods within the estimated delivery timeframe. However, delivery dates are estimates only and are not guaranteed.
2. The Company will not be liable for any loss, damage, or costs arising from late delivery or non-delivery.
3. Customers may elect to collect goods themselves if delivery timing is critical.
4. Delivery fees may apply at the Company’s discretion or where delivery is carried out by a supplier or third party.

Risk and Ownership

1. All risk in the goods passes to the Customer upon delivery or collection.
2. Customers are responsible for ensuring appropriate handling, storage, and insurance of goods once delivered.

Delivery to Unattended Sites

If goods are delivered to an unattended site, the goods will be deemed delivered in good order and condition once left at the location specified by the Customer. The Customer accepts responsibility for the goods at that time.

Inspection of Goods

1. The Customer must inspect goods upon receipt.
2. Any claim for shortages must be made within 7 days of delivery or collection.
3. If goods have been installed, used, or applied, they are deemed to have been inspected and accepted by the Customer.

Product Variations

Due to variations in raw materials and manufacturing processes, products such as tiles, paint, timber, and similar goods may vary in colour, shade, finish, or appearance. Claims for such variations will not be accepted once goods have been installed, used, or applied.

Returns and Exchanges

1. Returns or exchanges will only be accepted where the original invoice or delivery docket number is provided.
2. Goods must be returned in original condition and packaging and suitable for resale.
3. Where returns are accepted for reasons not attributable to the Company, the Company may charge a handling fee of up to 15% of the purchase price.
4. Transport or supplier charges associated with returns or cancellations may also be passed on to the Customer.
5. Special Order items may not be returnable.

Warranties and Liability

1. Goods supplied by the Company carry only the manufacturer’s warranty where applicable.
2. The Company must be given a reasonable opportunity to inspect and remedy any defective goods.
3. The Company’s maximum liability, to the extent permitted by law, is limited to one of the following at its discretion:
  - Replacement of the goods
  - Repair of the goods
  - Refund of the purchase price
4. The Company will not be liable for any indirect or consequential loss or damages arising from the use of the goods.

Consumer Guarantees

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.

For major failures, customers are entitled to:

- a refund or replacement; and
- compensation for reasonably foreseeable loss or damage.

For minor failures, the Company will repair or replace the goods within a reasonable time.

Special Orders

1. Special Orders are goods specifically ordered or manufactured to meet the Customer’s requirements.
2. These items may not be cancelled or returned once the order has been placed or the goods have been supplied to the Company by the manufacturer.

Customer Information & Privacy

1. The Company may collect, hold, and use the Customer’s personal information in accordance with the Privacy Act 1988 (Cth) and the Company’s privacy policy.
2. Information collected may be used for the purposes of processing transactions, maintaining customer records, and managing the business relationship with the Customer.

Marketing Communications

The Company may use the Customer’s name, telephone number, and email address to send information about products, promotions, and services that may be of interest.

Customer details will not be sold, shared, or exchanged with third parties for marketing purposes.

All communications will comply with the Privacy Act 1988 (Cth) and the Spam Act 2003 (Cth).

Customers may opt out of receiving marketing communications at any time by:

- advising one of our staff members, or
- following the unsubscribe instructions included in electronic communications.

Force Majeure

The Company will not be liable for failure to perform its obligations where such failure results from events beyond its reasonable control, including but not limited to natural disasters, supply shortages, government restrictions, pandemics, war or other unforeseen events.

Dispute Resolution

If any dispute arises regarding goods supplied by the Company, both parties will use reasonable efforts to resolve the matter amicably. Where necessary, disputes may be referred to arbitration in accordance with applicable legislation.

If you find an identical item at a lower price we will match the price.

PRICE MATCH POLICY - IN STORE ONLY - NOT AVAILABLE FOR ONLINE PRICES.

Terms & Conditions

We will match the price if H&G are able to verify the competitor’s price and that the competitor’s offer is current, not expired and in stock.
H&G reserve the right not to sell at or below our cost price.
To be eligible for a price match the item in question must be identical as to brand, size, model, quality etc. and new stock.
Price match policy applies to stocked product lines or product in stock, however we will consider matching prices on bulky product delivered direct from our supplier’s factory such as steel roofing and reinforcing product, etc.
We exclude items sold in stock liquidations, clearances, auctions, commercial quantities, contract pricing, project quotation, shop soiled, damaged or seconds.
The policy applies to competitor’s final price including GST, taxes, fees, delivery and other charges.
The competitor in question must be in our geographical market, not overseas or interstate.
For fair comparison, competitor’s cash price will be matched on a cash basis.
Our 2% settlement discount will be taken into account when using a trade account as the sale method.
We may at our discretion match online prices however we will exclude, online collective buying arrangements, auction scenarios and items not in original packaging, and include online delivery costs in our comparison. Refer to item 3.
We reserve the right to exclude from our price match policy, product that is part of a financing deal, cash back or bonus type offer.
Our price match policy applies only at the time of the sale. Retrospective adjustments for price matching will not be entered into at a later date.

Definitions Stock Liquidation – competitor’s distress sales or closing down sales.

Clearances – competitor is quitting the product or product range.

Commercial quantities – quantity for commercial projects or for resale purposes.

Other Terms of Sales Some stores may not stock all the advertised products, however some products may be ordered.

Shelf prices may be lower than advertised to ensure lowest prices every day.