Terms and Condition

1. Definitions

  • “HomeTex”, “we”, “us”, “our” means HomeTex and its successors and assigns.
  • “Customer”, “you” means any individual or business purchasing Goods.
  • “Goods” means all textile, fabric, and related products supplied by HomeTex.
  • “Order” means any request to purchase Goods.
  • “Contract” means an agreement formed when HomeTex accepts an Order.
  • “PPSA” means the Personal Property Securities Act 2009.
  • “Security Interest” has the meaning given in the PPSA.

2. Acceptance of Terms

By placing an Order, opening a trade account, or purchasing Goods, you agree to be bound by these Terms & Conditions.

HomeTex may update these Terms from time to time. Updated Terms apply to future Orders.

3. Orders and Contract Formation

  • All Orders are subject to acceptance
  • We may reject or cancel any order
  • Minimum quantities may apply

4. Pricing and Payment

  • Prices are subject to change without notice.
  • All prices are exclusive of GST unless stated otherwise.

Payment Terms:

  • Trade account customers: As per approved credit terms
  • Non-account customers: Payment required prior to dispatch

Late payments may:

  • Incur interest
  • Result in suspension of supply

5. Credit Accounts

Credit accounts are subject to approval.

  • You consent to credit checks and reporting.
  • HomeTex may:
  • Set or vary credit limits
  • Suspend or withdraw credit at any time

The Customer is liable for all recovery costs, including legal and collection fees

6. Retention of Title (Romalpa Clause)

  • Title to Goods does not pass until full payment of all monies owed to HomeTex.
  • Until payment is received in full:
  • The Customer holds Goods as bailee for HomeTex
  • Goods must be kept identifiable and stored appropriately

The Customer may resell Goods in the ordinary course of business, but:

  • Must hold proceeds of sale on trust for HomeTex

If the Customer defaults:

  • HomeTex may enter any premises (without liability) to recover Goods
  • The Customer irrevocably grants permission for such entry

7. PPSA (Personal Property Securities Act 2009 – Australia)

  • These Terms create a Security Interest in favour of HomeTex.
  • The Security Interest applies to:
  • All Goods supplied
  • Proceeds derived from those Goods

      • The Customer agrees to:

      • Do all things necessary to enable HomeTex to register its interest on the Personal Property Securities Register
      • Not register any competing security interest

        • HomeTex may register a Purchase Money Security Interest (PMSI).

        To the extent permitted by law, the Customer waives the right to receive:

        • Verification statements
        • Notices under relevant PPSA provisions

        8. Delivery

        • Delivery times are estimates only.
        • HomeTex is not liable for delays outside its control.
        • Risk passes to the Customer upon dispatch or delivery (whichever occurs first).
        • Additional freight or handling charges may apply.

        9. Returns and Refunds

        • Returns require prior written approval.
        • Claims must be made within 7–14 days of delivery.
        • Goods must be unused and in original condition.

        Non-returnable items include:

        • Cut fabrics
        • Custom or special orders

        Restocking fees may apply.

        10. Product Information and Variations

        • Fabric colour, texture, and finish may vary between batches.
        • Samples are indicative only and not guaranteed to match production.
        • The Customer is responsible for verifying suitability before use.

        11. Website Use

        By using our website, you agree:

        • Not to misuse or reproduce content
        • Not to engage in unlawful activity
        • That all intellectual property remains owned by HomeTex

        12. Guarantees and Australian Consumer Law

        Nothing in these Terms excludes, restricts, or modifies rights under the Australian Consumer Law.

        Where permitted by law (including for business-to-business transactions), HomeTex limits its liability to:

        • Replacement of Goods
        • Supply of equivalent Goods
        • Repair of Goods
        • Payment of the cost of replacement or repair

        13. Limitation of Liability

        To the maximum extent permitted by law:

        • HomeTex is not liable for:
        • Indirect or consequential loss
        • Loss of profits, business, or goodwill
        • Liability is limited to the value of the Goods supplied

        14. Default and Enforcement

        If the Customer:

        • Fails to make payment, or
        • Becomes insolvent

        HomeTex may:

        • Suspend or terminate supply
        • Recover Goods
        • Enforce its Security Interest
        • Recover all associated costs

        15. Indemnity

        The Customer indemnifies HomeTex against all claims, damages, or losses arising from:

        • Breach of these Terms
        • Misuse of Goods
        • Failure to comply with applicable laws

        16. Termination

        We may suspend or terminate supply if:

        • You breach these Terms
        • Payment obligations are not met

        17. Governing Law

        These Terms are governed by the laws of Victoria, Australia.

        You submit to the jurisdiction of the courts of Victoria.

        18. Severability

        If any provision is invalid or unenforceable, the remaining provisions remain in effect

        19. Contact Information

        HomeTex Group Pty Ltd
        14 Mary Ct, EPPING, VIC - 3076
        AUSTRALIA
        Phone number: (03) 7037 1802
        Email ID: sales@hometex.com.au
        Website: www.hometex.com.au
        ABN: 64 456 971 905