Terms and Conditions of Sale
These terms and conditions apply to all our sales of products. By placing an order with Hyne Timber, you are agreeing to these terms and conditions. Any additional or different terms you stipulate or state in any communication with us will not bind us unless we agree in writing.
Orders, Sales and Purchases
  1. Your placement of an order constitutes an offer by you to purchase products from Hyne Timber on these terms and conditions. The order is placed by you when it is submitted to us.
  2. The order is accepted by us only when we notify you that we accept your order. We may notify you that we accept your order by sending you an email stating that we have accepted the order or by displaying notification of our acceptance on our website. Delivery constitutes notice of our acceptance of the order.
  3. If we accept the order, a binding contract between you and Hyne Timber will arise on these terms and conditions. The contract may only be amended by written agreement between us.
Price and Price Variation
  1. Price Lists apply to defined areas within Australia. The defined areas are currently as follows:
    a. South East and Central Queensland – all cities and towns situated on the Bruce and Pacific Highways between Mackay and the New South Wales border unless otherwise stated on an individual price page. Included in this area are the Sunshine Coast, Gold Coast, Brisbane suburbs and Ipswich;
    b. North Queensland – Cairns to Bowen;
    c. New South Wales – Coffs Harbour to Ulladulla, Sydney and Newcastle metro, New England, Hunter Valley and Western Plains district;
    d. Australian Capital Territory – Canberra and Queanbeyan, Monaro district, Northern area of Riverina, Batemans Bay to Pambula and Far South Coast; and
    e. Victoria – All of Victoria including Southern Riverina and Deniliquin.
  2. Where expressly stated in the applicable Price List, prices set out in Price Lists include delivery to defined areas. Where the Price List does not include delivery to your nominated area, please consult your Hyne Timber Representative for the relevant freight charges into your area.
  3. Prices are subject to variation without notice errors and omissions excepted. Prices are stated in Australian dollars.
  4. Goods will be invoiced at the prices applicable at the date of delivery unless prior written agreement to another arrangement has been made with Hyne Timber. Unless otherwise stated, all prices in Price Lists are Nett, with no other discounts applicable. All prices in Price Lists are subject to goods & services tax (GST). Prices basis varies depending on products and is displayed on individual Price List pages.
  5. Individual Price List pages contain additional conditions applicable to particular products. Please read the notes on applicable Price List pages carefully.
  6. The Price Lists are Confidential and unique to Your account and profile and must not be shared with any other party without Our prior written consent.
Payment
  1. If you hold a valid credit account with us, you may elect to process the sale using your credit account.
  2. Where you elect to process the sale using your credit account, you agree and acknowledge that the products ordered will be supplied to you in accordance with these terms and the additional credit terms applying to your credit facility with us. You agree and acknowledge that you are bound by the terms and conditions that apply to your credit facility. At the point of dispatch of the ordered goods, an invoice will be raised and the additional credit terms will apply to the supply of the goods including without limitation all provisions relating to credit limit, payment and retention of title.
  3. Where you do not hold a valid credit account with us or do not wish to process the sale using your credit account, we accept payment by way of direct bank deposit and B-Pay. In this instance, we will raise and send you a pre-payment invoice. You must make payment by way of direct bank deposit or B-Pay. No orders will be collated and prepared for dispatch unless payment has been received. Please note that price adjustments may occur after you have made pre-payment and prior to the collation and dispatch of the products. Orders will be billed at the prices in effect at the date the order is delivered (unless Hyne Timber has given prior written agreement to another arrangement). We will notify you of any price adjustment that has occurred. No orders will be dispatched until an adjusting payment has been received .
Delivery
  1. We will deliver to the address stated in the order or as otherwise agreed by us in writing.
  2. Whilst every effort is made to meet customer's requirements no responsibility can be accepted for the failure to meet nominated delivery dates because of the many factors beyond the control of Hyne Timber. Risk in the goods passes to you on delivery.  Liability for damage to any property occurring in the course of delivery will not be accepted.
  3. We will be entitled to charge for and recover from you on demand all costs and loss occasioned by your failure to collect or take delivery of products (as the case may be) as and when agreed to.
Claims and Returns
  1. Product must be inspected upon taking delivery. Unless stated otherwise in the applicable Price List, claims relating to shortages in delivery or in grading or a similar problem must be notified to Hyne Timber as soon as you become aware of the issue and in any event within 7 days of delivery.
  2. Unless stated otherwise in the applicable Price List, returns will not be accepted unless prior approval from Hyne Timber has been granted. Please note where a return has been accepted, all returns due to cancellations or where product has been ordered incorrectly will incur a 25% rehandling fee.
Limitation of Liability
  1. In relation to the supply of goods delivered to you, our liability is limited to a) replacing the goods or supplying similar goods, b) repairing the goods, c) providing the cost for replacing the goods or for acquiring equivalent goods and d) providing the cost for having the goods repaired. In relation to the supply of services delivered to you, our liability is limited to a) supplying the service again, or b) providing for the cost of having the services supplied again. We are not liable for loss of profit, economic or financial loss, damages, consequential loss, loss of opportunity or any other indirect loss suffered by you. Nothing in these conditions of sale shall be read or applied so as to purport to exclude, restrict or modify or have the effect of excluding, restricting or modifying the application of all or any of the provisions the Competition and Consumer Act 2010 or any relevant State or Federal Legislation which by law cannot be excluded, restricted or modified.
Indemnification
  1. You agree to indemnify, and keep indemnified, Hyne Timber and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers and employees against any claim that arises out of goods or services supplied in connection with these terms. This indemnity includes any legal fees and expenses incurred in order to enforce our rights, on an indemnity basis.
  2. You agree to indemnify, defend and hold Hyne Timber and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
General
  1. These terms are governed by and construed in accordance with the laws of Queensland, Australia. Any disputes concerning this site are to be resolved by the courts having jurisdiction in Queensland.
  2. If any provision of these terms is found to be invalid or unenforceable, other provisions which are self-sustaining are, and continue to be, enforceable in accordance with their terms.
  3. The failure of us to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision.
  4. These terms and any policies or operating rules posted by us on our website constitutes the entire agreement and understanding between you and us, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us.
  5. Hyne Timber reserves the right to change these terms at any time.
  6. All notices must be in writing. Notice can be given in person, by fax, by post or by e-mail, to an address or number detailed in the order. If a notice is sent by post, it will be taken to have been received 3 business days after posting, unless in fact it is received earlier. Any changes to notice details must be notified in writing.
Contact Information
  1. Questions about these terms should be sent to us at info@hyne.com.au or phone 07 4121 1211.