Terms and Conditions of Sale
Welcome to Modern Tiles Macarthur Pty Ltd, trading as Bargain Factory Tile Outlet.
These Terms & Conditions of Sale apply to the supply of tiles, flooring, stone, adhesives, grouts, trims and related products.
By placing an order with us—whether in-store, online, by telephone or by email—you acknowledge that you have read, understood and agreed to these Terms & Conditions.
1. Orders
All orders are subject to acceptance by Modern Tiles Macarthur Pty Ltd.
Orders are considered confirmed once full payment has been received.
We reserve the right to refuse or cancel an order where:
- Products become unavailable.
- Pricing errors occur.
- Circumstances beyond our reasonable control prevent supply.
2. Pricing
All prices are quoted in Australian Dollars (AUD).
- Prices include GST unless otherwise stated.
- Prices may change without notice until an order is confirmed.
- Quotations remain valid for the period stated on the quotation.
- Where no expiry date is provided, quotations are valid for 14 days.
3. Payments
Unless otherwise agreed:
- Full payment is required before collection or delivery.
Ownership of all goods remains with Modern Tiles Macarthur Pty Ltd until payment has been received in full.
4. Product Availability
While we make every effort to maintain stock levels, product availability cannot always be guaranteed.
If a product becomes unavailable, we may:
- Offer a suitable alternative product.
- Refund any payment made for unavailable items.
- Delay supply until stock becomes available.
5. Tile Shade, Calibre & Batch Variation
Ceramic, porcelain, natural stone and other tile products are manufactured in production batches.
Natural variations in the following are considered normal manufacturing characteristics and do not constitute defects:
- Shade
- Colour
- Texture
- Pattern
- Surface finish
- Calibre (size)
- Facial appearance
Where possible, customers should ensure all installed tiles come from the same production batch.
We cannot guarantee future availability of matching batches
6. Natural Stone Products
Natural stone is a product of nature, making every piece unique.
Variations may occur in:
- Colour
- Veining
- Movement
- Texture
- Fossils
- Pitting
- Mineral deposits
- Natural markings
These characteristics are part of the product’s natural beauty and are not considered defects
7. Product Quantities
Customers are responsible for ordering sufficient quantities.
We recommend purchasing an additional 10–15% to allow for:
- Cutting
- Wastage
- Breakages
- Future repairs
- Batch consistency
Please note that additional quantities purchased later may differ in shade or calibre.
8. Inspection Before Installation
Customers and installers must carefully inspect all products before installation.
Do not install products that appear to have:
- Visible defects
- Incorrect colour
- Incorrect size
- Incorrect finish
- Transport damage
Installation of the product constitutes acceptance of its condition.
Claims for products that have already been installed will not be accepted unless required under the Australian Consumer Law.
9. Installation
Products should be installed by suitably qualified tradespeople and in accordance with:
- Australian Standards
- Manufacturer recommendations
- Industry best practices
We are not responsible for losses arising from:
- Incorrect installation
- Unsuitable substrates
- Incorrect adhesive selection
- Poor workmanship
- Failure to follow installation instructions
10. Delivery
Delivery options and information are available on our Tile Delivery page.
11. Collection
Many of our products are stored at warehouses throughout Western Sydney.
When collecting goods, customers must provide:
- A copy of the invoice
- Valid photo identification
- A purchase order number
Customers should inspect all goods before leaving the warehouse.
Once goods have been collected, responsibility for transport and storage transfers to the customer.
12. Returns and Refunds
Our returns and refunds conditions are explained in our Returns & Refunds Policy.
Please see our Returns & Refunds Policy for information about change-of-mind returns, damaged goods, incorrect goods, refunds and Australian Consumer Law rights.
13. Australian Consumer Law
Nothing in these Terms & Conditions excludes, restricts or modifies any rights available under the Australian Consumer Law.
Where products fail to meet consumer guarantees, customers are entitled to the remedies provided by law.
These rights apply in addition to any manufacturer’s warranty.
14. Limitation of Liability
To the maximum extent permitted by law, our liability is limited to one of the following remedies:
- Replacement of the goods
- Supply of equivalent goods
- Refund of the purchase price
We are not liable for indirect, consequential or economic losses including:
- Loss of profits
- Loss of contracts
- Project delays
- Labour costs
- Removal costs
- Reinstallation costs
This limitation does not apply where liability cannot legally be excluded.
15. Force Majeure
We are not liable for delays or failure to perform our obligations where caused by events beyond our reasonable control, including:
- Natural disasters
- Industrial disputes
- Pandemics
- Government actions
- Transport interruptions
- Supplier shortages
16. Governing Law
These Terms & Conditions are governed by the laws of New South Wales, Australia.
Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the courts of New South Wales.
17. Changes to These Terms
We may update these Terms & Conditions from time to time.
The version of the Terms in effect at the time your order is placed will apply to that order.
18. Contact Us
Modern Tiles Macarthur Pty Ltd
Trading as Bargain Factory Tile Outlet
If you have any questions regarding these Terms & Conditions of Sale, please contact our sales team before placing your order.
Acceptance of These Terms
By placing an order with Modern Tiles Macarthur Pty Ltd, you confirm that you have read, understood and agreed to these Terms & Conditions of Sale.