CONDITIONS OF SALE
The following Conditions of Sale govern buydesign's supply of product. Please read these terms and conditions carefully.
When you accept our quotation, you are deemed to have accepted and will be bound by these Conditions of Sale. You acknowledge that these Conditions of Sale may be amended and varied by us from time to time. To view the most recent version, please see our website at www.buydesign.com.au.
In these Conditions of Sale 'we' or 'us' or 'our' means buydesign™ and 'you' means you the purchaser as identified in any quote, Order, or Order Acknowledgement.
1.1 Our manufacturers each have a range, sometimes up to 30+ stains from which to choose.
1.2 Stain to 'Match' is available for most products and will incur a one-off additional charge.
1.3 Each stain supplied must be on a small veneered sample provided to us within 7 days of the order placement so that we are able to meet expected delivery time.
1.4 You acknowledge that variations to grain and colour occur naturally and these may be evident in the finished product.
2.1 Fabric must have a minimum width of 137cm. We will need to make additional allowances if the fabric is narrower than 137cm.
2.2 The meterages quoted:
(a) assume no pattern-matching, and :
(b) are non-directional.
2.3 A 20% handling fee is charged for all fabric that buydesign™ procures for your order.
2.4 Subject to any rights you may have under the Australian Consumer Law. buydesign™ is not responsible or liable for the suitability of, or any other issue in respect of any fabric other than the standard manufacturer’s collections.
3.1 Our pricing is exclusive of GST unless stated otherwise.
3.2 Our pricing is ex. Warehouse Alexandria unless a delivery charge to your site has been quoted. Delivery charges to a specific location can be quoted on request.
3.3 All our pricing, including for Stock Samples and Goods for Purchase, does not include installation, unless otherwise stated on the Stock Transfer Form or the Order Acknowledgement.
4. ORDERS AND PAYMENT:
4.1 Orders must be received in writing (by fax, e-mail or post), and will not be processed unless accompanied with a :
- QUOTATION ACCEPTANCE or PURCHASE ORDER outlining invoice and delivery details and a deposit payment.
- An Order Acknowledgement will be sent by us to you, confirming your order.
- Notification to buydesign™ must be made in writing, within 48 hours for any amendments or additions to the order.
- Where no notification is made within this period, the order stands as confirmed by the Order Acknowledgement.
(a) A 35% non-refundable deposit is due with the order placement and / or :
(b) The balance of the order payment is payable prior to or on delivery of the goods to your site, or upon your arrival to Our Warehouse if collection or delivery delays to site occur.
4.3 Payment can be made by cash, EFT or by credit card.
If paying by credit card there is a surcharge of 1.5% on VISA and Mastercard, and a 3% surcharge on AMEX.
4.4 All goods remain the property of buydesign™ until paid for in full (including any additional charges such as storage, delivery, installation or other charges).[M5]
5. LEAD TIME:
5.1 The following lead times apply :
(a) For an imported product a minimum of 10 – 12 weeks applies, plus an additional 4 weeks for orders placed after 1st July until 15th September, and for the Christmas break.
(b) For a local product a minimum of 4 – 6 weeks applies, plus an additional 4 weeks for the Christmas break.
5.2 All lead times are subject to availability of fabric and materials from other suppliers to our factory.
5.3 Confirmation of lead time is subject to final order quantity and product availability.
5.4 buydesign™ will not be liable for any loss or claims arising from :
Delay in delivery due to strikes, shipping, accidents, unavailability of materials, manufacturer's delays, or events beyond the reasonable control of the company.
6.1 If delivery is required, a delivery charge will be quoted once precise site conditions and the location are known.
- A quote may include insurance, at your request.
- Any date that may be specified for delivery is an estimate only, based on lead times, and is not a guaranteed date, or a date that is fixed by these Conditions of Sale or otherwise.
6.2 Delivery details must be provided on the Stock Transfer Form or Order Acceptance Form (as applicable).
Any changes to delivery details must be made by you to buydesign™ within 48 hours of your receipt of the Order Acknowledgement from us.
6.3 Subsequent deliveries in relation to an order will incur additional delivery charges, which will be invoiced to you and payable prior to delivery.
6.4 Delivery is only made on a Business Day.
6.5 Where part deliveries are made, buydesign™ maintains the right to invoice the customer for pro rata progress payments in respect for those items delivered.
6.6 Delivery is provided on the basis that the site is free of other trades and is within the hours of 8am – 5pm on a Business Day.
6.7 You must arrange for reasonable assistance to be provided to us upon delivery to a site, including (where applicable) :
(a) Clear and reasonable site access must be provided with unrestricted lift facilities
(b) Access to the loading dock
(c) An authorised representative to sign for receipt of order
7. INSTALLATION / PLACEMENT ON SITE (IF APPLICABLE)
7.1 Any charges incurred in placement or installing of any goods are charged separately.
buydesign™ is not responsible for any placement or installation unless stated on the Order Acknowledgement.
7.2 All reasonable precautions will be taken to avoid damage when the goods are being installed.
7.3 If placement or installation is not part of this supply contract, you are responsible for all packaging, including its removal and disposal.
Subject to this obligation, we will use reasonable endeavours to leave the site in the same state as we found it.
8. DELIVERY DELAYS
8.1 In the event of delayed delivery due to customer request, buydesign™ will hold the order in part or whole beyond the original date of delivery free of charge for 7 days.
After this time the customer must make alternative arrangements for storage.
8.2 If you require us to store the goods, or do not make alternative arrangements for storage beyond our free of charge period, then you agree to pay, and we will invoice you at the actual delivery date, for storage at a rate of $75 / cubic metre / month or there part of for the total value of items held.[M9]
9. RISK AND TITLE
9.1 Risk in any goods (other than Stock Samples) passes when we notify you that the goods are available for collection or, in the case of good that are to be delivered, when the goods are consigned to you or the original date of delivery (whichever occurs first).
Subject to any rights that you may have under the Australian Consumer Law, you accept all responsibility for any loss of or damage caused to the items by delivery, or a failure of delivery, and you release us from any liability for any loss or damage caused as a result.
9.2 All items to be delivered must be delivered to a specified premises, and receipt must be acknowledged by signature.
9.3 Title in any goods (other than Stock Samples) only passes to you when we receive the full order payment in cleared funds.
10.1 Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.
You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage.
You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
10.2 Goods that we sell to you also come with a manufacturer's warranty that their products are free of manufacturing defects and faults for a period of 12 months or longer from delivery.
10.3 This warranty specifically excludes damage due to normal wear and tear, abuse or misuse of the product for other than its intended purpose.
10.4 As wood is a natural material, light tone differences among the various elements that make up the product may occur.
Moreover, if the products are purchased in different periods, the elapsed time and climatic conditions can cause variations in colour and/or tonality and buydesign™ cannot accept any claim in this regard.
10.5 No claim will be recognised for damage to upholstery other than the manufacturer's standard collection.
In addition, damage due to natural wear and tear of upholstery, or damage due to moths and other vermin is specifically excluded.
10.6 In order to claim under the defects warranty you must notify buydesign™ promptly upon discovery of a possible problem together with details of date of purchase, buydesign™ invoice number and product description.
10.7 You are responsible for minimising the extent of any potential claim and any reasonable expenses incurred in connection with a claim under this warranty.
buydesign™ will consider any reasonable expenses that you may have incurred by submitting proof of those expenses to us.
Any claim will be considered and process commenced within 7 days.
10.8 The benefits to you given by this warranty are in addition to other rights and remedies under any law in relation to the goods or services to which the warranty relates.
11. OUR LIABILITY TO YOU
11.1 To the extent permitted by law, we exclude all liability in respect of:
(a) any indirect or consequential loss, any loss of profit, use, anticipated savings, goodwill, reputation or business contracts, claims brought against you by any third party, or any other form of pure economic loss whether arising in contract, tort (including negligence) or otherwise and:
(b) any loss, damage or liability of any kind suffered by you or any third party directly or indirectly caused by modifications, adjustment, repairs or remedial work carried out by you or third parties without our prior written approval.
11.2 These Conditions of Sale do not exclude or modify any condition, or warranty implied into these Conditions of Sale or any guarantee conferred by or any liability imposed on buydesign™ by any law including the Australian Consumer Law, if to do so would contravene that law or make any part of this clause void or unenforceable.
11.3 Subject to clause 11.2, buydesign™ :
(a) other than as expressly set out in these Conditions of Sale excludes all implied terms, conditions, warranties and guarantees to the full extent permitted by law :
(b) where the goods or services supplied by buydesign™ under these Conditions of Sale are of a kind ordinarily acquired for personal, domestic or household use or consumption or otherwise have a price less than $40,000, limits its liability for breach of any condition, warranty or guarantee that cannot be excluded under the Australian Consumer Law (at buydesign™'s option):
(i) for goods:
(A) repairing or replacing those goods or :
(B) paying the cost of having those goods repaired or replaced and :
(ii) for services :
(A) resupplying the services or :
(B) paying the cost of having the services resupplied; and
(C) excludes any liability to the other party for any :
(i) loss of opportunity, lost revenue or lost profits or :
(ii) special or consequential loss.
11.4 Our total liability in respect to negligent damage to property is restricted to items installed by us whilst in our care, custody and control and is limited to the reasonable costs for the repair or replacement of the property.
11.5 Our fees have been calculated on the basis that we can exclude or limit liability as set out in these Conditions of Sale.
You confirm that you will bear yourself (or insure against) any loss for which we have excluded or limited liability.
12.1 Customers should inspect all items at the time of delivery, and sign delivery documents provided.
12.2 Claims for damage in delivery must be recorded at the time of delivery.
13.1 In the event of an order cancellation by you:
(a) within 7 days of the order placement, a minimum fee is payable of 10% of the total order, payable within 7 days, or
(b) after 7 days of the order placement, you will be liable for the total order value, payable within 7 days, which we both agree is a genuine pre-estimate of the loss buydesign™ is likely to suffer in the event of cancellation of an order by you.
14. CONFIDENTIALITY AND PRIVACY
14.2 We reserve the right to include any comments that you make about us or our services in reports to our manufacturers from whom you purchased the item and in any marketing material that we produce.
These comments will be unattributable and will not include your name or your address.
15. STOCK SAMPLES
15.1 Samples of our products may be provided to you (as determined in our sole discretion) exclusively for evaluation of suitability and project presentation purposes (Stock Samples).
15.2 Title in Stock Samples remains with buydesign™ at all times.
15.3 Stock Samples must be used in accordance with clause 15.1 and not for any other purpose.
15.4 Delivery of Stock Samples will be made in accordance with the details on the Stock Transfer Form.
Any delivery or return delivery costs for which you are responsible are included in the Stock Transfer Form.
15.5 Stock Samples must be made available for return to us :
(a) On the date set out on the Stock Transfer Form or :
(b) Within a reasonable time after a written request by us.
15.6 We may register our interest in the Stock Samples under the Personal Property Securities Act 2009 (Cth) at any time.
15.7 You are responsible for and liable for any damage or loss to the Stock Samples from the time the goods are delivered to you until the time we collect them from you.
15.8 You agree to pay to buydesign™ on demand the amount of any loss suffered or incurred by buydesign™ arising out of or in connection with :
(a) any loss or damage to the Stock Samples whilst in your possession, control or care or :
(b) any copying or replicating of any Stock Samples or any other goods that you acquire from us.
16.1 These Conditions of Sale are governed by and construed in accordance with the laws of New South Wales, Australia.
16.2 If any provision of these Conditions of Sale is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability does not affect the remainder of the agreement which continues in full force and effect so as to give effect to the intention of the parties.
16.3 All rights not expressly granted in these Conditions of Sale are reserved.
16.4 Capitalised terms used throughout these Conditions of Sale have the meaning given to them in clause 17.
16.5 We may amend these Conditions of Sale from time to time by posting new terms and conditions on Our Website.
These amendments will usually take effect 7 days after the changes have been posted on Our Website.
You should review the Conditions of Sale from time to time for any amendments.
16.6 Additional conditions may be contained in our quotation or sales documents.
Where there is any inconsistency between these Conditions of Sale and any terms set out in our quotation or sales documents, these Conditions of Sale prevail.
17. DEFINITIONS AND INTERPRETATION
17.1 In these Conditions of Sale, unless otherwise stated:
- Business Day means a day that is not a Saturday, Sunday, gazetted public holiday or bank holiday in Sydney, Australia.
- GST means Goods and Services Tax as defined under the GST Act.
- GST Act means A New Tax System (Goods and Services Tax) Act 1999 (Cth).
- buydesign™ means KE-ZU Pty Ltd ACN 39 056 is trading as buydesign™.
- Order Acknowledgement has the meaning given to that term in clause 4.1.
- Our Website means the buydesign™ website located at www.buydesign.com.au
- Stock Transfer Form means the document used to transfer and loan Stock Samples.
- Our Warehouse means our warehouse located at Unit 6/26 Burrows Road Alexandria NSW and Unit 9, 69 O’Riordan Street Alexandria NSW.
17.2 In this Agreement headings are for convenience only and, except to the extent that the context otherwise requires:
(a) words denoting the singular include the plural and vice-versa :
(b) references to any document (including these Conditions of Sale) include references to that document as amended, supplemented, varied or replaced from time to time;
(c) references to any party includes its successors and permitted assigns and, where appropriate, its servants and agents; and
(d) an obligation or a liability assumed by, or a right conferred on, 2 or more persons binds or benefits them jointly and severally :
(e) a reference to a statute includes its delegated legislation and a reference to a statute or delegated legislation or a provision of either includes consolidations, amendments, re-enactments and replacements;
(f) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(g) 'includes' in any form is not a word of limitation.