SALES TERMS AND CONDITIONS
Definitions
“Buyer” means the entity or individual purchasing the goods upon these terms and conditions; “Seller” means Wooden Homeware. Pty ., Ltd ABN 60 645 031 321 and any related body corporate of the Seller within the meaning of section 9 of the Corporations Act 2001
Prices
Neither the prices shown in the Seller’s website nor price list issued by the Seller to the Buyer is an offer to sell but is an invitation to treat only and the Seller reserves the right to accept or reject in its absolute discretion any orders which may be received by it. The prices shown in the Seller’s website or price lists are subject to alteration without notice and are exclusive of GST unless otherwise agreed.
Payment
Payment is due from the Buyer immediately on the purchase of goods, unless otherwise agreed. If the Buyer fails to make immediate payment upon the due date, the Seller will take steps or initiate any proceedings necessary to recover the balance due. Such steps are at the sole discretion of the Seller, and the Buyer agrees to indemnify and hold the Seller harmless from any and all liability, claims, damages, and costs, including all reasonable legal fees incurred by the Seller resulting from the Buyer’s failure to pay. The Buyer agrees that the Seller may recover interest upon any unpaid amounts compounded daily. In the event of default in payment by the Buyer, the Seller may satisfy any liability which may arise, from any collateral which it holds for the Buyer, or other obligation it has to the Buyer, without prior notice to the Buyer. In the event such collateral is insufficient, the Buyer will remain liable to the Seller and will promptly pay on demand the amount of any loss or expense sustained by the Seller.
Packaging
The Seller’s regular packaging standard applies to all orders and without insurance for transportation, unless otherwise agreed.
Delivery
Unless otherwise agreed, delivery is at the Buyer’s business premises, and delivery freight is additional to the price and must be paid by the Buyer. Delivery date is an estimate only and the Seller is not liable for any delays in delivery. If the Seller is unable to supply the Buyer’s total order these terms and conditions continue to apply to the goods supplied. The Seller shall select a courier who, in the Seller’s own discretion, is competitive in the market to deliver the goods.
Damages
Please inspect all goods upon delivery. Only sign for undamaged goods. Notify the Seller of any damages within 4 working days from receipt of the goods. The Seller will not consider damage claims not fully supported with evidence.
Cancellation of order
Cancellation of orders (or deemed by the Seller to be a cancellation of order due to non-payment of amounts by the stated due date) shall incur the following cancellation charges (1) Packaging and administration charges: 3%; and (2) Postage/courier/transportation charges: 5%
Returns Policy
Return is accepted for defective products only. Return due to change of mind is not accepted. Notice of intention to return must be received by the Seller within 30 days from the date of delivery. The Seller will advise best method of return. Goods returned without authorization will incur freight charge. The Buyer is deemed to have agreed to the condition of the goods as is after 30 days from the date of delivery.
Retention of Title
Property in the goods does not pass to the Buyer until the Buyer has paid all sums owing to the Seller on any account whatsoever and until that time the Seller has the right to call for or recover the goods at its option (for which purpose the Seller’s employees or agents may enter the Buyer’s premises) and the Buyer is obliged to deliver up the goods if so directed by the Seller. The Buyer in the meantime takes custody of the goods and retains them as the fiduciary agent and bailee of the Seller. The Buyer acknowledges that the Seller can enters the Buyer’s premises for the purpose of reclaiming possession of the goods, and any liability to any person incurred by the Seller in connection with the entry will be indemnified by the Buyer. The Seller is entitled to reclaim possession of the goods, even if they have been paid in full, in satisfaction of all debts owing to the Seller, if any of the following events occurs (Insolvent Event): (1) The Buyer defaults under these terms and conditions; or (2) The Buyer commits an act of bankruptcy; or (3) A receiver is appointed by the Buyer; or (4) The Buyer goes into liquidation, administration, or some other form of insolvency administration whether formal or informal; or (5) The Buyer ceases to carry on business; or (6) The Buyer enters into a scheme or compromise with its creditors without prejudice to any other rights of the Seller.
Exclusions of Implied Conditions and Warranties
The only conditions and warranties which are binding on the Seller in respect of the state, quality or condition of the goods supplied by it to the Buyer, and/or advice, recommendation(s), information or services supplied by it, its employees, servants or agents to the Buyer regarding the goods, their use and application, are those imposed and required to be binding by statute.
To the extent permitted by statute, the liability, if any, of the Seller arising from the breach of the conditions or warranties referred to in this Terms of Sales are, at the Seller’s option, limited to and completely discharged:
- In the case of the goods, by either:
o The supply by the Seller of equivalent goods; or
o The replacement by the Seller of the goods supplied to the Buyer; and
- In the case of advice, recommendation, information or services by supplying the advice, recommendation(s), information or services again.
Except as provided in this clause all conditions and warranties whether expressed or implied by law in respect of the state, quality or condition of the goods which may apart from this clause be binding on the Seller are excluded.
The Buyer acknowledges that the Buyer does not rely and it is unreasonable for the Buyer to rely on the skill or judgement of the Seller as to whether the goods supplied are reasonably fit for any purpose for which they are being acquired, and that the sale is not a sale of goods by description or sample.
Privacy
Where goods are supplied to the Buyer on credit the Buyer irrevocably authorises the Seller, its employees and agents to make such inquiries as it deems necessary to investigate the credit worthiness of the Buyer including (without limitation) making inquiries from persons nominated as trade referees, the bankers of the Buyer or any credit providers (Information Sources) and the Buyers authorizes the Information Sources to disclose to the Seller all information concerning the Buyer which is within their possession and which is requested by the Seller.
Force Majeure
If a party is prevented from or delayed in complying with an obligation (other than to pay money) by an event beyond its reasonable control, performance by it of that obligation is suspended during the time, but only to the extent that compliance is prevented or delayed.
Severability
If anything in these terms and conditions is unenforceable, illegal or void then it is severed and the rest of these terms and conditions remain in force.
Waiver
A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right, and the exercise of a power or right does not preclude either its exercise in the future or the exercise of any other power or right.