These are the Terms and Conditions under which Office Furniture Brisbane agrees to supply goods and/or services to The Customer. The Customer acknowledges that the placing of an order for the supply of goods and/or services will be deemed as acceptance of these Terms and Conditions.
1.1 The final total shown on the invoice for the goods is the total GST inclusive price prevailing at the time of dispatch of the goods, errors and omissions excluded.
1.2 All prices and/or pricing are subject to change without prior notice.
1.3 Office Furniture Brisbane shall only adjudicate a dispute of invoice, pricing and/or products when notified within 7 days from invoice date.
2.1 Where The Customer does not have an established line of credit (Credit Account) with Office Furniture Brisbane, all invoices are due and payable prior to delivery of the order.
2.2 Where a Credit Account is established, payment of Credit Account is required within 14 days from Invoice date.
2.3 Office Furniture Brisbane will accept payment of the Credit Account by a valid credit card for settlement of the Credit Account within Office Furniture Brisbane’s Credit Account terms.
2.4 Where payment of the Credit Account is not received within 14 days from Invoice Date, a 2% surcharge of the outstanding balance may, at the absolute discretion of Office Furniture Brisbane, be added to the Credit Account to offset administrative costs.
2.5 In the event that the Credit Account is not paid in full within 14 days of Invoice Date, Office Furniture Brisbane reserves its absolute right to place the Credit Account on STOP/HOLD immediately, without notice.
2.6 Office Furniture Brisbane reserves the right to charge interest, at the current commercial ruling rate on all overdue amounts.
3.1 It is expressly agreed that the title in any goods supplied by Office Furniture Brisbane shall not pass to The Customer until the full purchase price and any other amounts owing by The Customer to Office Furniture Brisbane have been paid in full as cleared funds.
3.2 Whilst the title in any goods remains with Office Furniture Brisbane, the Customer shall hold them as Bailee for Office Furniture Brisbane.
3.3 If the full purchase price and any other amounts owing by The Customer to Office Furniture Brisbane remain unpaid, then Office Furniture Brisbane shall be entitled to repossess such goods belonging to it and recover costs associated to the repossession of such goods.
3.4 The right to retain title by Office Furniture Brisbane shall not affect its rights as an unpaid seller.
4.1 Physical delivery of the goods to a carrier or The Customer’s agent shall constitute delivery to The Customer.
4.2 It is The Customer’s responsibility to inspect goods upon receipt and report any discrepancies to Office Furniture Brisbane in writing.
4.3 Office Furniture Brisbane will only provide Proof of Delivery for any delivery within thirty (30) days from invoice date.
5.1 The Customer may return goods if;
5.1.1 The goods are faulty (see Warranty below);
5.1.2 The Customer obtains a RETURN AUTHORITY from Office Furniture Brisbane;
5.1.3 The goods are returned in original condition including all packaging etc, as supplied;
5.1.4 Freight charges are not subject to credit.
5.2 In the event that The Customer obtains a RETURN AUTHORITY, Office Furniture Brisbane may at its absolute discretion:
5.2.1 Decline to accept the goods for credit;
5.2.2 Accept the goods for return and apply a credit equal to the net price for each item minus a 10% restocking fee, provided all conditions detailed in clauses 5.1.1 to 5.1.4 inclusive are adhered to.
5.3 Any goods which are marked, do not have labels attached, are incomplete and/or have packaging missing will not be accepted for credit.
6.1 All goods sold and delivered by Office Furniture Brisbane are covered by the particular warranty of the supplier/manufacturer of the goods as the case may be. Office Furniture Brisbane does not accept liability for issues covered by a manufacturer’s warranty, however, will act on The Customer’s behalf and liaise with the manufacturer to assist in bringing about a quick and favourable resolution of the issue.
6.2 Office Furniture Brisbane shall not be liable for any special and/or consequential loss or damage of any nature whatsoever with respect to any product sold by it.
SPECIAL PURCHASES (eg Non Catalogue Items)
7.1 Office Furniture Brisbane will source special goods ordered by The Customer to fulfil specific requirements on the basis that the goods cannot be returned to Office Furniture Brisbane for a credit.
7.2 Office Furniture Brisbane may, in consultation with The Customer, agree to hold stock of special goods to satisfy The Customer’s ongoing needs, however, in the event that after such consultation and agreement The Customer no longer orders or takes up the special goods at the agreed rate, Office Furniture Brisbane will invoice and The Customer will pay for all remaining inventory of the special goods in accordance with the normal trading terms.
8.1 All goods are at The Customer’s risk from the time the goods are dispatched from Office Furniture Brisbane’s or its affiliate’s address either to The Customer, The Customer’s representative or agent or a recognised freight company.
9.1 The names of the various products listed and/or sold by Office Furniture Brisbane are used to indicate compatibility with original products. Some of these names may be trademarked and/or registered by the respective manufacturer. Office Furniture Brisbane is not affiliated with or licensed by those companies.
FORUM AND JURISDICTION
10.1 This Agreement shall be deemed to have been made in the State of Queensland in the Commonwealth of Australia and the construction or validity or performance of this Agreement shall be governed in all respects of the law of that State and any dispute in relation to any provisions of this Agreement shall be heard in the courts of the appropriate jurisdiction in the State of Queensland.
11.1 If any term of this Agreement shall to any extent be held by any Court of competent jurisdiction to be invalid or unenforceable, the remaining terms and provisions of this Agreement shall not be effected thereby and shall remain in full force and effect.
12.1 Neither party to this agreement shall be liable for any loss or damage of any nature whatsoever incurred or suffered as a result of any failures or delays in performance due to any cause or circumstance beyond its control including, but not by way of limitation, any failures or delays in performance caused by acts of God or the public enemy, riots, incendiaries, interference by civil or military authorities, compliance with the laws of Australia or with the orders or policies of any governmental authority, delays in transit or delivery in the part of transportation companies or communication facilities, or failure of sources of raw materials.
13.1 All side notes and headings throughout this Agreement have been inserted for the purpose of ease of reference only and shall not define limit nor affect the meaning nor interpretation of this instrument or any instrument created pursuant hereto or in accordance herewith.
14.1 Office Furniture Brisbane carries out product appraisal and investigation on an ongoing basis. Pricing, product information and/or specifications and general information contained in any of Office Furniture Brisbane’s printed materials, websites, correspondence or any other medium are subject to change at Office Furniture Brisbane’s absolute discretion without notice.
15.1 As part of the trading approval process, Office Furniture Brisbane has collected information about The Customer which may be of a sensitive nature. This information has/will been used by Office Furniture Brisbane to assess The Customer as a potential customer of Office Furniture Brisbane.
15.2 Information provided may also be used by Office Furniture Brisbane to offer product specials and information to The Customer from time to time. The Customer may instruct Office Furniture Brisbane to not offer product specials and information to The Customer.
15.3 Office Furniture Brisbane advises that the information provided is retained on a secure database on protected facilities and that the information provided will not be made available to any third party unless required by law.