Interpretation: In these Terms and Conditions: Agreement’ means the agreement constituted by this document in its entirety;  ‘Company’ means DAKEE AUSTRALIA PTY LTD TRADING as TSAR; Customer’ means the customer speci ed on the face hereof; Delivery Date’ means the  delivery date speci ed on the face hereof; Goods’ means the product and, if any the services speci ed on the face hereof.  

General: These Terms and Conditions apply without amendment to all goods to be supplied or services to be performed by the Company and shall be  deemed included in all estimates, quotations, orders, contracts, invoices or other agreements, documents or arrangements whatsoever unless speci cally  agreed by the Company in writing signed by a director of the Company. Any terms, conditions or provisions on any quotation, order form o er or other  document provided by a Customer to the Company shall not be deemed to have amended, varied or in any way a ected these terms and conditions by  receipt of the customers document. The Company will only supply goods and services upon the terms and conditions contained herein.  

Terms of Sale: The Customer shall be deemed to have accepted these Terms and Conditions and accordingly the Agreement between the Company and the  Customer shall be deemed complete and binding in any of the following circumstances:  

If the Customer accepts or requests the delivery of Goods verbally or in writing; 

If the Customer forwards to the Company a purchase order, notice, letter or other document indicating acceptance of the Company’s o er or otherwise  agreeing to purchase the Goods (notwithstanding that such purchase order may contain terms and conditions at variance with those contained herein, as  such terms and conditions on the purchase order, notice, letter or other document shall be void and of no e ect by virtue of Clause 2 hereof );  

If the Customer by its actions or otherwise communicates to the Company its acceptance of these Terms and Conditions. Given that the Terms and Conditions herein contained apply generally and exclusively to the supply of goods and services by the Company it shall not be  necessary to include these Terms and Conditions in writing on any Company orders, invoices or other documentation, as such Terms and Conditions shall be  deemed included therein.  

Payment: The terms of trade and price for Goods and services of the Company shall be as speci ed on the face hereof or any Company invoice or other  relevant document, unless otherwise speci ed the following shall apply: All monies paid in accordance with this Agreement are non-refundable.  The price shall be exclusive of all taxes, stamp duty, delivery costs and insurance. These additional items shall be added by the Company to the price and  borne by the Customer unless otherwise speci ed by the company. All Goods are shipped Exworks the Company’s premises or its nominated alternative  location in the State appearing on the front hereof unless otherwise agreed in writing.  

The Customer shall pay the whole of the price on the dates and in the manner described on the face hereof. Subject to subparagraph (d) below, all charges,  excluding extra charges will be made by monthly invoices on the basis of work completed. Any additional or extra charges will be levied by invoice at such  times as are convenient to the Company; 

All invoices shall unless otherwise agreed be payable fourteen (14) days from the date of invoice. The Company however reserves the right, which the  Customer acknowledges, to require a deposit and instalments or other payments in advance and to account to the Customer by interim invoices; If at any time in the opinion of the Company the  nancial condition or circumstances of the Customer are such that the Company believes it is appropriate to  vary the existing terms of payment, production or delivery the Company may amend such terms of payment, production or delivery in such a manner as it  considers appropriate by written notice e ective immediately; 

The Company shall be paid in Australian dollars in cash, cheque, bank draft, irrevocable Letter of Credit, telegraphic transfer, any agreed combination thereof,  or in such other manner or currency as is approved by the Company in writing; 

The Customer shall be responsible for all costs of insuring the Goods in transit to the Customer and any transportation, freight or delivery costs in relation to  sales inside and outside Australia; 

Any delivery and/or installation date given by the Company is an estimate only. The Company shall not be responsible in any manner whatsoever for any  failure to deliver and/or install the Goods by the estimated date, whether due to circumstances beyond its control or otherwise. In the event that the  Company has failed to deliver and/or install the Goods by the estimated date and such failure is due to circumstances within the Company’s control, the  Customer may give the Company thirty (30) days written notice of a new required delivery and/or installation date. If the Company fails for reasons within its  control (but not otherwise) to deliver and/or install the goods by such new estimated date, the Customer may cancel the particular order, but the Customer  shall have no other claim whatsoever against the Company whether for loss or damage or otherwise as a result of the Company’s failure to achieve the new  estimated date; 

Should the Customer be a company, the Company may require the written personal guarantees of the directors of the Customer.  

Purchase Price: Not withstanding the generality of the foregoing the Company reserves the right to vary the purchase price by written notice e ective  immediately without in any way prejudicing or invalidating the Agreement between the parties or enabling the Customer to cancel or vary the Agreement in  any of the following situations: The Company reserve the right after placement of an order to vary the price to take into account any increase in the cost to  the Company of any components or raw materials or any exchange rate variation provided such increase shall only be such as is necessary to compensate  the Company for any increased cost to it of such items. Any increase in purchase price shall not invalidate the Agreement between the Company and the  Customer or enable the Customer to avoid the Agreement; If the Customer changes, advances or delays the time frame for the works; If the Customer  requests any variation or addition to the Goods whatsoever; If the Customer requires to use the Goods for any additional or alternate purpose other than the  purpose as de ned on the face hereof or otherwise agreed between the parties; If the Company has inserted the words “Subject to price variation” on the  face hereto, provided that in such circumstances the Company shall give notice in writing of the varied price and the Customer shall have the option within  48 hours of receipt of thereof to cancel the contract; If any alterations, variations, delays or costs are incurred as a result of any errors, omissions or lack of  detail in the speci cations or information supplied by the Customer or the failure of the Customer to properly co-operate or assist or as a result of any  restrictions or conditions imposed by any third party or government or council or regulatory body. 

Dakee Australia P/L trading as Tsar ACN 070 092 312 Dakee Unit Trust ABN 89 355 240 035 www.tsar.com.au

 Material Variations: In relation to any material variation requested by the Customer to the Goods as speci ed on the face hereof the Company reserves the  right to approve or reject such variation. Any request for a material variation by the Customer shall be made in writing to the Company who may accept or  reject such variation. In the event of the rejection by the Company of the variation the Company may after seven (7) days terminate the contract and receive  payment from the Customer for all services performed and work supplied to that date, including the normal pro t component.  

Colour Variation: The Customer acknowledges and agrees that the Goods as speci ed on the face hereof are subject to colour variations of up to 8%. Any  colour variation of up to 8% is expressly agreed to by the Customer and bestows no right to cancel the Agreement.  

Whole Agreement: The Company will not be responsible for any promises, conditions, warranties or representations made by any of its representatives,  employees, servants or agents unless the same are expressly set out herein or given by the Company in writing signed by a director, and the Company  acknowledges that the terms and conditions herein contained and such writings signed by the Company will represent the whole Agreement between the  parties to the exclusion of any other agreement or understanding whatsoever.  

Remedies: In the event of failure to pay by any due date, in addition to any other right or remedy the Company may have, the Company shall be entitled to:  Charge interest at the rate of two (2) percent per month compounded and calculated monthly from the due date for payment until payment is made in full;  Suspend performance of any of the supply of the Goods, or part thereof, in the manner described in paragraph 10 hereof; Recover from the Customer all costs and expenses (including solicitor/own client costs) incurred by the Company as a result of any such failure. 

Suspension of performance: The Company may suspend the production, delivery or installation of the Goods to the Customer until receipt of all or any  monies outstanding pursuant to any clause of this Agreement. Any such suspension will be noti ed to the Customer by the Company and will be e ective  immediately;  

In the event of any suspension lasting more than seven (7) days the Company may invoice the Customer for work whether in a state of partial or total  completion up to the date of the suspension.  

Intellectual property and Industrial property rights: All intellectual and industrial property rights of whatsoever nature in all original and copy drawings,  concepts, research, notes, artwork and any documentation relating to the Goods (including any such items produced jointly by the Company and the  Customer) will be and at all times remain the sole property of the Company with the Customer being granted a license to use such property solely for the  purpose and in connection with the Project and for no other purpose, Project or application whatsoever;  

The Customer will not use the Goods, artwork or other documentation for any purpose other than that speci ed as the use on the face hereof. Such  prohibition extends to any reproduction, duplication or copying whether in whole or in part, including but not limited to Tran dimensional reproduction,  duplication or copying; 

Subject to clause 11(a) above in relation to the license granted the Company does not sell, assign or transfer in any manner whatsoever any rights in its  intellectual or industrial rights to the Customer either subsequent to, on or prior to the Delivery date; 

In respect to any information, speci cations, design details or details supplied by the Customer or any possible infringement of copyright, trademark or  design resulting directly or indirectly from the Goods the Customer acknowledges that it shall not be any responsibility of the Company to guard against  same and further the Customer has veri ed that no breach will occur. Accordingly the Customer agrees to indemnify and hold the Company, its servants,  agents and representatives absolutely harmless against any such claim, action, demand or expense whatsoever concerning any alleged infringement or  breach. 

Delivery, Installation and Storage 

The Customer shall ensure that as and when required the Company is given any access to the premises to enable it to properly deliver and/or install the  Goods pursuant to the Agreement, and shall properly co-ordinate the activities of any parties involved in or a ected by the Project to ensure minimal  disruption and maximum assistance to the Company;  

The Customer acknowledges that the Company will rely upon any information, details or speci cations supplied by the Customer and will not seek  veri cation or make further enquires in relation to any such items and warrants that it will use its best endeavours to ensure such information, details and  speci cations are true, accurate and complete and not misleading in any way; 

The Customer hereby releases and indemni es the Company against any liability howsoever arising in the use of the Goods in whatsoever manner or in  connection with the Goods, including but not limited to any liability for any loss that may not have been foreseen; 

Where the Company agrees to provide storage in respect of any Goods or portion thereof, such storage is arranged on behalf of the Customer and the  Customer releases the Company from liability for any loss or damage incurred by such storage or arrangements as to storage howsoever caused. The  Company reserves the right to make reasonable charge for storage if delivery instructions are not provided within fourteen (14) days of a request for such  instructions. 

Instagram Giveaway Terms & Conditions

Competition will run from Friday 14th – Thursday 20th April 11.59pm; Winner must be located in Australia; Prize includes 1 x TSAR rug from a select collection of ready-made designs; Winner can collect the design from our Melbourne showroom or it will be shipped to the nominated address; TSAR will cover all shipping costs; Competition is not endorsed on Instagram; Winner will be contacted via Instagram DM from @tsarcarpets and will be asked to provide email address only, where further communications will take place; Winner will be drawn randomly via an application and announced w/c 24th of April; TSAR reserves the rights to update the rug selection list due to changes in availability without any notice. 

The Company’s liability for Goods is limited to making good any defects arising from either faulty materials  

or inferior workmanship arising within a period of 12 months from the date the Goods are delivered.  

At the Company’s option the defective Goods will be repaired or replaced after noti cation without further expense to the Customer, so long as: 

(a) The Goods have been expertly installed by a competent tradesperson in accordance with the manufacturer’s recommendation and the   Australian Standards Carpet Installation Recommendations AS2455-1989. ‘Textile  oor coverings – Laying Practice’; 

(b) The Goods have been laid on hair or hair and jute underlay to the minimum weight of 6lbs per 6” linear metre or equivalent weight rubber   underlay or directly stuck onto the  oor all in accordance with AS2455 – 1989; 

(c) An adequate maintenance program has been instituted and supervised in accordance with AS 373. Such maintenance program to comprise   regular vacuuming, with approved professional shampooing when necessary, but not more frequently than biannually, as local conditions dictate; 

(d) The areas of the Goods adjacent to hard  oor surfaces be adequately protected from cleaning or polishing agents; 

(e) Any incisions made during or after laying be taped or otherwise reinforced by experienced carpet layers within a reasonable period of time; (f ) Willful or accidental damage to the Goods will not be the responsibility of the company; 

(g) Tears, burns, pulls, cuts or damage to the Goods will not be the responsibility of the Company; 

(h) The damage to the Goods resulting from the use of mobile equipment will not be the responsibility of the Company; 

(i) The Goods are not guaranteed against permanent pile reversal (sometimes referred to as shading or watermarking); 

(j) The Goods are not guaranteed against ozone damage; 

The Warranty does not cover against damage where they are positioned in the following situations unless speci cally referred to on the face hereof:  

Any areas, where after laying the Goods, are unprotected and subject to damage or soiling by sub-contract tradesperson; 

Areas, which have at any time been subjected to mould, as a result of damp being retained under a impermeable protective covering or through any cause.

Subject to the provisions of the Trade Practices Act and any other express statutory enactment, the Company accepts no liability or responsibility whatsoever to the Customer or to  any other person for any loss, damage, expense or liability resulting or arising directly or indirectly from any act or omission of the Company or its servant, agent or representative in  relation to the goods supplied or services performed whether due to the deliberate or negligent act of the Company or otherwise;  

Notwithstanding the foregoing, if for any reason including operation of law the Company is or becomes or is deemed liable or responsible, the Company shall only be responsible  for the performance of the services of the repair of the Goods and shall in no circumstances whatsoever extend to the payment of any sum of money for compensation or in  damages or otherwise. 

Cancellation: No order may be cancelled except in accordance with this Agreement and with consent in writing on terms which indemnify the Company against all losses; Upon  cancellation the Company shall be entitled to immediately retake possession of the Goods whether installed or partially installed notwithstanding the same may be in the  possession of the Customer or a third party;  

The Company may enter without liability for trespass the Customer’s premises for the purpose of retaking possession of the Goods.  

Rights in relation to the Goods: The Customer hereby acknowledges and agrees that the Goods supplied by the Company shall remain the property of the Company until the  Company receives payment in full for the same. In the event of the Customer defaulting on any of the Terms and Conditions herein, including the payment of monies due under  the Agreement, the Company shall have the right (without serving notice) to retake possession of the Goods supplied to the Customer by the Company and the Customer hereby  authorizes and allows the Company its servants, agents or representatives to enter the premises upon which the Goods are stored for the purpose of re-taking the same and the  Company shall not be liable for any cost, losses, damage, expense or any other monies or losses su ered by the Customer as a result of the Company re-taking possession of the  Goods.  

Warranties: The Company expressly excludes any and all warranties except those warranties which are guaranteed by the laws of Victoria. 

Sub-contract: The Company reserves the right to sub-contract the manufacture, and/or supply of any part of the Goods manufactured or supplied pursuant to this contract, and  shall not be bound to personally perform all or any part of the contract.  

Notices: Any notice or other matter pursuant to the Agreement will be validly served if delivered or sent by email, facsimile transmission or pre-paid normal postage to the address  of each party as speci ed herein or such other address as noti ed to the other party from time to time, and shall in the case of facsimile transmission be deemed received  immediately upon transmission by email, the facsimile machine to the machine of the other party, and in the case of pre-paid mail be deemed received two days after posting.