Online Shopping Terms of Use

By purchasing any goods or materials (“Goods”) from Boral Montoro Pty Ltd ABN 34 002 994 694 (“Boral” or “we”) via this website, you agree to be bound by these conditions. 

 

  1. You must ensure that all information provided by you in relation to your order is accurate, complete and up to date.
     

  2. Boral’s Privacy Policy applies in respect of all personal information collected from you: details are at the following website https://www.boral.com.au/privacy-policy 
     

  3. Your order becomes effective upon successful transmission after you press “Pay Now” on the website. You cannot cancel the order after that time. You must pay for delivery in addition to the price of the goods, as shown on the website when you complete your order.
     

  4. If you are purchasing Boral roof tiles to match with other roof tiles, it is your responsibility to ensure that our roof tiles can be installed with your existing roof tiles. Boral will not be liable for any costs associated with ordering an incompatible product. Boral may decide to offer a refund if the goods are in resalable condition in accordance with our 'Refund Policy'. Please note, Boral will not pick-up orders under these circumstances and it is therefore the responsibility of the customer to arrange for the return of the goods. Restocking fees may apply.
     

  5. We do not accept liability if the delivery of your Goods is late or if stock is not available in time for scheduled delivery.
     

  6. Risk in the Goods passes to you on delivery. We do not accept liability for any loss, theft or damage to the Goods after delivery.
     

  7. All other warranties and representations, except those which are non-excludable in law, are excluded. If the Goods are defective or do not meet these warranties, we will refund the price or repair or replace the Goods. We exclude liability for indirect or consequential loss. We will not be liable if you have failed to follow instructions, modified the Goods or used them for an unintended purpose.
     

  8. Notwithstanding any other provision of these conditions, you acknowledge and agree that Goods depicted on this website may vary as to colour, profile and other characteristics and, to the fullest extent possible at law, Boral disclaims any liability with respect to such variations.
     

  9. For South Australia only: Property in any pallets used in delivering the Goods shall at all times remain the property of Boral. Unless advised otherwise by Boral, you undertake to return any pallets to Boral at your cost.
     

  10. Unless you indicate otherwise, you acknowledge that the Goods you will acquire from Boral will be obtained for either the purpose of re-supply (in an altered form or condition or to be incorporated into other goods) or for the purpose of using them up or transforming them in trade or commerce in the course of a process of production or manufacture or in the course of repairing or treating other goods or fixtures on land. If you are acquiring the Goods for a purpose other than that stated immediately above, the following provisions may apply. If you are a Consumer (as that term is defined in the Australian Consumer Law) and any of the Goods supplied by Boral are not goods of a kind ordinarily acquired for personal, domestic or household use or consumption, you agree that Boral’s liability for a failure to comply with a consumer guarantee under the Australian Consumer Law in relation to those Goods (other than a guarantee under sections 51(title), 52(undisturbed possession) and 53(undisclosed securities)), is limited to, at the option of Boral, one or more of the following:

    a) the replacement of the Goods or the supply of equivalent goods;
    b) the repair of the Goods;
    c) the payment of the cost of replacing the Goods or of acquiring equivalent goods; or
    d) the payment of the cost of having the goods repaired
     

  11. To the maximum extent permitted by law, you indemnify and forever hold harmless Boral from all liability (however so arising, including as a result of negligence, and including any loss, claim, damage, demand, injury or death and a fine or penalty imposed by a statutory or other authority) caused or contributed to by your negligent act or omission or any breach of these conditions, or otherwise arising from Boral supplying the Goods in accordance with these conditions. You will not be liable under this indemnity to the extent the relevant liability arises from the negligence or wilful default of Boral.
     

  12. Boral will deliver and you will receive the Goods at the kerb alignment in a timely manner. Should supply / execution of the Goods be early or delayed for any reason beyond the control of Boral or as a result of any cause which you are or should reasonably have been aware of, all loss arising from the delay will be your responsibility. Where you request that Boral enter upon your site for the purposes of delivering the Goods, entry upon the site remains at the sole discretion of Boral. In the event that Boral agrees to enter upon the site, you will be responsible for providing adequate, safe, and timely access to the site for Boral’s material, personnel and equipment and you release Boral from all claims for loss (including but not limited to delay costs, establishment costs and outlays) incurred by you as a result of failure to provide such access.
     

  13. Boral’s normal hours of business for deliveries or loading are 5am to 5pm Monday to Friday (excluding public holidays and subject to relevant Council regulations). Should it be necessary to supply the Goods on a Saturday, Sunday or public holiday, then additional charges may apply.
     

  14. Prior to unloading from the delivery vehicle, or loading in the event that you collect the Goods from Boral’s premises, you shall check that the description and quantity on the delivery docket conforms with its requirements, and you must record any discrepancies in writing on the delivery docket including, but not limited to, discrepancies in quantity or specification. Failure to make such notations on the copy of the docket retained by Boral is deemed to be conclusive evidence that the delivery docket is accurate and that you accept the Goods. If Boral (in its absolute discretion) delivers Goods to an unattended site, you must notify Boral of any discrepancies regarding the Goods within 24 hours of such delivery and failure to give such notice will be conclusive evidence that you accept the Goods.
     

  15. You will notify Boral prior to delivery, of any obstacles or peculiarities in relation to the site including whether there are any low-hanging overhead power lines or if the site or its approach has a gradient greater than 8% or surfaces which are non-trafficable. The driver making any delivery may refuse to complete the delivery, if the driver is of the reasonable opinion that it is not safe to do so. However, making a delivery does not constitute an assessment of the safety of the site and does not relieve you of your obligations under these conditions.
     

  16. Boral shall not be liable in any way for any delay in the supply / performance of Goods where such delay occurs by reason of any cause whatsoever beyond the reasonable control of Boral, including without limiting the generality thereof, restrictions of Government or other statutory authorities, wars, fires, epidemics, failure or fluctuation in any electrical power supply, storm, flood, earthquake, accident, labour dispute, plant breakdown, materials or labour shortage, interruption of transport, the change or introduction of any law or regulation or an act or omission of any supplier or other third party or any failure of any equipment owned or operated by them.
     

  17. If we cannot accept or do not receive payment from your credit card or PayPal account, the order will not be processed and you will not be contacted.
     

  18. All prices on this website are inclusive of Goods and Services Tax.
     

  19. Any provision of these conditions which is unenforceable or partly unenforceable is, where possible, to be read down so as to be enforceable, and if it cannot be read down, severed to the extent necessary to make these conditions enforceable, unless this would materially change the intended effect of these conditions.
     

  20. A right may only be waived in writing, signed by the party giving the waiver, and no other conduct of a party (including a failure to exercise, or delay in exercising, the right) operates as a waiver of the right or otherwise prevents the exercise of the right.
     

  21. You may have the benefit of certain statutory guarantees relating to the Goods pursuant to the Competition and Consumer Act 2010 (Cth). Otherwise, to the maximum extent permitted by law, all terms, conditions or warranties that would be implied into these conditions by law or in connection with the supply of the Goods by law, statute, custom or international convention (including, but not limited to, those relating to quality or fitness for purpose) are excluded to the extent permitted by law.
     

  22. These conditions are governed by the laws of the State or Territory in which the Goods are supplied. Boral and you submit to the non-exclusive jurisdiction of the courts of that State or Territory.

Terms & Conditions of Use of This Website

By using this website you agree to be bound by these conditions. If you do not agree with them, you are not authorised to use the website. 

  1. This website and its contents are subject to copyright which is owned by Boral or a third party. Boral does not grant you any intellectual property rights in this website, its applications, interface or contents. You must not use any trademark displayed on this website. 
     

  2. We do not warrant the accuracy or completeness of any information you derive from this website and we exclude liability for loss or damage arising from any errors or omissions in this website or your use of this website (including any interference with or damage to your computer system). If any liability is not able to be excluded by law, we limit our liability to the resupply of the relevant information services. 
     

  3. You release Boral, its related bodies corporate and affiliates to the fullest extent permitted by law from any and all claims arising out of or related to the use of material or information made available through this website. 
     

  4. Prices listed on this website and terms and conditions of any kind relating to products displayed on this site may not be current or complete and therefore under no circumstances constitute an offer or undertaking by Boral. We make no representation that the products listed in this site are currently available online or at any physical retail location. We reserve the right to change any information on this website at any time including, but not limited to, prices. 
     

  5. This website may contain links to external Internet Websites. Boral does not sponsor, guarantee or approve of any material or representations in those websites. Nor do we warrant that material on linked sites is free of any computer virus, defects or infringements. 
     

  6. A link to this site are permitted, provided the full html page is loaded. Links to individual graphics or to areas that are considered "security areas" that bypass any security protection or password protect that Boral establishes are expressly prohibited. If you wish to use a graphic to link to this site please contact us.
     

  7. You must only use this website, and you must only display, copy, distribute download and print portions of this website for your own personal use. You must not attempt to change, reproduce, add to, remove, hack or interfere with this website or its material. 
     

  8. We cannot guarantee any file, data or program available for download from this website (or any linked website) is free of viruses and you assume the risk of any damage to your computer as a result of using this website. This website may be inaccessible from time to time due to events outside Boral's control or maintenance requirements. 
     

  9. If we collect your personal information, we do so subject to the terms of our privacy policy, details of which are at: https://www.boral.com.au/privacy-policy
     

  10. We may use cookies to gather data in relation to this website and you consent to us doing so (although you may be able to disable cookies on your web browser).
     

  11. These conditions are governed by laws of the State of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of the State. 

TERMS & CONDITIONS