These Terms are intended for trade and business-to-business sales. Please retain a copy with your
quotes, order confirmations, and invoices.
Customer means the person/entity acquiring Goods from the Supplier.
Supplier means Cheneoak Timber (ABN 88 695 013 819).
Goods means the products supplied by Supplier.
Depot means the nominated delivery depot (if applicable).
Arrival Notice means Supplier’s written notice (email/SMS acceptable) that Goods are available for collection.
ACL means the Australian Consumer Law.
These Terms apply to all quotations, sales and supplies by Supplier to Customer, unless replaced by a written agreement signed by both parties.
Customer accepts these Terms by any of: signing an agreement, accepting a quote, issuing a purchase order, paying a deposit, or taking delivery/collecting Goods.
If there is inconsistency, the following order of precedence applies (highest to lowest): (a) any signed supply agreement; (b) these Terms; (c) the accepted quote / order acknowledgement; (d) samples; (e) brochures/photos.
Quotes are valid for 14 days unless stated otherwise.
Unless expressly agreed in writing, each order is a one-off supply and does not create any ongoing supply obligation.
Any sample is indicative only unless the quote/order expressly states “match sample”.
Timber is a natural product and varies in colour, grain, knots, mineral streaks, sapwood and tone; such variation is not a defect.
Prefinished colour signnoff: Where a prefinished sample has been issued and signed off (including by signed quote, signed contract, or written confirmation), the Customer acknowledges the colour/finish as accepted, and there will be no returns, credits or claims due to colour variation/expectation (subject to any non-excludable ACL rights).
Prices are as per Supplier’s accepted quote/order acknowledgement (or a signed agreement schedule).
Measurement basis: All timber is measured and sold in linear metres (lm) or square metres (m²) (as stated on the quote/ invoice). Quantity calculations and pricing are based on these measurements.
Unless stated otherwise, prices are GST inclusive/exclusive as shown on the tax invoice. If GST applies, it will be added to the tax invoice.
If Customer requests changes to Goods/specifications, Supplier may revise price and lead times by written notice.
Unless otherwise agreed in writing, Customer must pay a 50% deposit on acceptance (or within 2 business days of invoice).
No order will be picked or processed until the deposit has been received as cleared funds.
The balance is due prior to dispatch/release (or as stated on invoice), and in any case before Goods will be released.
Supplier may withhold dispatch/release until cleared funds are received.
Overdue amounts accrue interest at 10% per annum and Customer must pay reasonable recovery costs.
Dispatch location: Supplier’s warehouse (where Goods are stored and dispatched) is based in Brisbane, Queensland. Unless otherwise agreed in writing, all freight will be dispatched from Brisbane.
Depot shipment (standard): Unless otherwise agreed in writing, Goods will be shipped to the Customer’s closest local depot (as determined by Supplier or its carrier) at the Customer’s cost.
If delivery is to a Depot, Supplier’s delivery obligation is satisfied when Goods are delivered to the Depot (the “Delivery Point”).
Customer is responsible for all transport from the Depot to site, including booking carriers, loading, insurance, and site compliance.
Supplier will issue an Arrival Notice when Goods are available at the Depot.
Risk passes to Customer upon delivery to the Depot / Delivery Point.
Customer must collect/arrange collection within 5 business days of the Arrival Notice (Free Storage Period), unless otherwise agreed.
Storage/handling/rebooking/admin charges apply after the Free Storage Period at depot published rates or as quoted, and must be paid prior to release.
If Goods are not collected within 30 days of the Arrival Notice (or any shorter depot requirement), Customer is deemed in default and Supplier may cancel, resell, and apply amounts (including deposit and net resale proceeds after costs) against Customer’s debt, with any shortfall payable on demand.
Delivery to the Depot/Delivery Point may be proven by any one or more of: carrier proof of delivery, depot receival record, signed docket, pack/scan records, and/or dispatch/receival photos.
Customer must ensure its carrier notes any visible damage/ shortage at collection and signs “received as per packing list / Pack IDs verified / pallets intact except as noted”.
Customer must inspect the Goods and notify Supplier in writing of any shortage/incorrect Goods/damage within 48 hours of (a) collection; or (b) end of Free Storage Period (whichever occurs first). Claims must include photos and details.
If notice is not given within time, the Goods are conclusively deemed correct, complete and in acceptable condition (subject to ACL rights that cannot be excluded).
No claim may be made once Goods are cut, machined, coated, installed or otherwise processed, except where the alleged defect could not reasonably have been discovered prior to processing.
Supplier warrants the Goods will substantially comply with the accepted specifications at dispatch.
Supplier is not responsible for issues caused by storage, acclimatisation, machining, finishing systems, adhesives, installation, site humidity/temperature, building movement, or handling after delivery.
For prefinished Goods, Supplier is not responsible for damage/ performance issues caused by site conditions, incorrect storage/acclimatisation, incompatible adhesives, improper installation, poor maintenance, water ingress, or abuse.
Natural variation and normal timber movement are not defects.
For a valid claim, Supplier’s sole obligation is (at Supplier’s option) to repair, replace, or refund the price paid for the affected portion only.
Title remains with Supplier until Supplier receives full payment of all amounts owed.
Until title passes, Customer must keep Goods identifiable and must not encumber them.
Customer grants Supplier a security interest in the Goods and their proceeds to the extent permitted by law, and will do all things reasonably required to perfect that interest (including PPSA registrations), if requested by Supplier.
Customer acknowledges Goods may be specialised and procured/allocated specifically for Customer and may not be
readily resold without loss.
Customer may not cancel after Supplier accepts the order except with Supplier’s written consent.
If Customer cancels after acceptance, repudiates, fails to pay, or fails to collect within clause 8, Supplier may retain the 50% deposit as a reasonable amount toward Supplier’s costs and losses, and may also resell and apply net resale proceeds after costs; Supplier will not recover more than actual loss overall, and may claim any shortfall.
To the maximum extent permitted by law, Supplier is not liable for indirect or consequential loss (including delay, labour, removal/reinstall, loss of profit, or third-party claims).
Supplier’s total liability is capped at the amount paid for the affected Goods.
Nothing excludes ACL rights that cannot be excluded; where permitted, liability is limited to resupply or refund.
Neither party is liable for delay/failure caused by events beyond reasonable control (including supply chain disruption, port delays, strikes, fire, flood). Time is extended accordingly.
Parties will attempt good-faith negotiation first. If unresolved within 10 business days, disputes proceed to mediation in Queensland before litigation.
These Terms are governed by the laws of Queensland, Australia.
These Terms and any accepted quote/order acknowledgement (and any signed agreement/schedules) form the entire agreement and supersede prior discussions, except as expressly incorporated.
