Terms & Conditions: Custom Furniture

PAYMENT TERMS

 

Deposit:

50% deposit is payable on acceptance/approval of quotation before materials are purchased or work commences.

The remaining 50% will be invoiced and is payable within 7 days before the final product is delivered.

 

How to Pay:

Direct Credit / Bank Transfer/Cash

 

Assumptions:

The Work and Charges above assume that:

1. All drawings, sketches, plans, pictures, examples, samples, verbal and email conversations, supplied by 2 eight 3 to the Buyer are understood and form the basis of the scope of work.

2. The Buyer understands that due to the nature of recycled timber and or any other materials used to create the product being quoted, there will be imperfections, marks and the like, which will form part of the character of the finished product.

3. Any measurements supplied by the Buyer to 2 eight 3 for the purpose of this quotation are correct and accurate.

4. When 2 eight 3 has completed the Buyer’s order that the Buyer will be able to pay for and take delivery of their order, whether, delivery is made by 2 eight 3 or another courier or delivery contractor.

5. Variations - Sometimes projects may require changes to the Services that weren’t expected at the outset or YOU may request changes (for example, to include ‘out of scope’ work). If, this happens we will both try to agree on a Variation to the Proposal. Any agreed Variation (whether written or oral) will amend and become part of the Proposal and any additional charges will be added to the final invoice.

Agreement:

I have read and agree to be bound by the 2 eight 3 terms & conditions of trade as below.

 

________________________________________________________________________

 

TERMS OF TRADE

 

1. Definitions - In these conditions unless the context otherwise requires:

Company means [2 EIGHT 3].

Buyer means the person, or company buying the goods or service from the Company.

Products and/or services mean the products and/or services being purchased by the Buyer from the Company.

Contract means the contract between the Company and the Buyer for the purchase of the goods or service.

Date of the contract means where the contract arises from a quotation given by the Company, i) the date of acceptance of the order by the Company; or ii) Where the contract arises from a quotation given by the Company, the date upon written notification of acceptance of the quotation is received by the Company.

Contract price means the price of goods as agreed between the Buyer and the Company.

Person includes a corporation, association, firm, company, partnership or individual. Quotation shall mean price on offer for a fixed term. Manager is the appointed decision maker of the Company.

2. Quotation - The Buyer may request a Quotation from the Company setting out the price, scope and quantity of the Goods to be supplied.

3. Acceptance/Approval - If any instruction is received by the Company from the Buyer for the supply of products and/or services, it shall constitute acceptance of the terms and conditions contained herein. Upon acceptance of these terms and conditions by the Buyer, the terms and conditions are definitive and binding.

4. Terms and Conditions - These terms and conditions and any subsequent terms and conditions issued by the Company shall apply to all orders for the goods and the services made by the Buyer after the date and time at which these conditions are first delivered or sent by email, or otherwise brought to the notice of, any employee, staff member or representative of the Buyer. It shall be the Buyer’s responsibility to ensure that these conditions are promptly brought to the attention of the appropriate staff of the Buyer, and accordingly any order made by the Buyer after the date and time described above in this clause shall be deemed to be an acceptance of these conditions.

5. Designs

Design work will be charged at $300 + gst per design. A discount for multiple designs inside one order may be applied.

5.1 In most cases, this design fee will be incorporated into the total amount for any quotation that is generated. In the event that designs are issued and the quote is not accepted, the design fee will be invoiced seperately and become payable immediately.

6. Price

6.1 The Price shall be as indicated on invoices provided by the Company to the Buyer in respect of products and/ or services supplied; or

6.2 The Price shall be the Price of the Company’s current Price at the date of delivery of any goods.

6.3 Time for payment for the products and/or services shall be of the essence and will be stated on the invoice, quotation, tender documents, work authorisation form or any other work commencement forms. If no time is stated then payment shall be due on delivery of any goods.

6.4 The Buyer agrees that the cost Price shall be determined by the Company, and shall take into consideration “one-off” costs and variations.

6.5 The Company reserves the right to implement a surcharge or variation charge for alterations to the scope of work after the order has been placed. All agreed alterations will result in a new quote that requires approval and payment before any alterations are performed.

6.6 Alterations or Variations to designs, requested after a formal quote has been generated will be charged at $100 + gst for each change that is to be made. This amount will be added to the formal quotation.

6.7 Alteration or Variations to orders that are in the process of being made will be at a rate of $100 +gst per hour for any additional time added to make the alterations. This additional charge will be calculated an added to the final invoice. 

7. Final Payment will be required within 7 days after completion of work irrespective of the product being delivered. Where possible, a photo of the finished product will be submitted with the final invoice.

7.1 Late Payments – If final payment has not been received within 7 days of work completion, the Company reserves the right to withhold product/service delivery until full payment has been made. If product delivery has already occurred and final payment has not be received within 7 days of completion, a 5% weekly surcharge of the total order amount will be added to the remaining invoice balance until payment is received. This shall be payable on any monies outstanding under the Contract from the date payment was due until the date payment is received by the Company, but without prejudice to the Company’s other rights or remedies in respect of the Buyer’s default in failing to make payment on the due date.

7.2 Subject to any provision to the contrary in the Contract, payment (being cash unless otherwise arranged in advance and confirmed in writing by [Jonathan D’Aprix] or his appointee) shall be received on or before [7 Days] of the date of the Company’s invoice to the Buyer, which shall be issued promptly on or after delivery of the goods.

7.4 Without prejudice to any other remedies the Company may have, if at any time the Buyer is in breach of any obligation (including those relating to payment), the Company may suspend or terminate the supply of Goods to the Buyer and any of its other obligations under the terms and conditions. The Company will not be liable to the Buyer for any loss or damage the Buyer suffers because the Company exercised its rights under this clause.

7.5 In the event that:

a. any money payable to the Company becomes overdue, or in the Company’s opinion the Buyer will be unable to meet its payments as they fall due; or

b. the Buyer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or

c. a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Buyer or any asset of the Buyer; then without prejudice to the Company’s other remedies at law

d. the Company shall be entitled to cancel all or any part of any order of the Buyer that remains unperformed in addition to, and without prejudice to any other remedies; and all amounts owing to the Company shall, whether or not due for payment, immediately become payable.

8. Governing laws - These Terms of Trade will be interpreted in accordance with applicable government legislation, which will have exclusive legal jurisdiction over any dispute in relation to the products and/or services or these Terms of Trade.

9. Dispute resolution - The Company will endeavor to resolve any dispute between the Buyer and itself without the need for Court proceedings. Any such attempt is without legal prejudice.

10. Reservation of title - Ownership and title of the goods remains with The Company until the purchased price and all other monies owing by the Buyer, under the contract or any other contract to The Company, have been paid in full.

11. Warranty - The Company warrants that it will repair any structural defects in the goods, if the Company receives written notice of the claim within seven (7) days from the date the goods were delivered. No claim shall be accepted under said warranty if any attempt to repair the defective goods is made by any person not authorised by the Company or if any attempt to install defective goods has been made by any person not directly authorised by the Company. The Company has full discretion in voiding said warranty if the Company determines that the defective goods have been modified or incorrectly stored, maintained, installed or used. If the Company elects to repair or replace any defective goods, such work shall be undertaken at such place as the Company may reasonably specify and the Buyer shall be responsible for any additional costs that are not covered under said warranty including shipment of the goods to the place that repairs shall be undertaken.

11.1 Timber is a natural product and the finishes applied must be maintained. As such The Company's warranty policy does not cover any applied finishes after delivery has been made. 

12. Liability - The Company shall not be liable for any loss of any kind whatsoever suffered by the Buyer as a result of any breach of any of the Company’s obligations under the contract, including any cancellation of the contract or any negligence on the part of the Company, its servants, agents or contractors, nor shall the Company be liable for any loss, damage or injury caused to the Buyer’s servants, agents, contractors, buyers, visitors, tenants, trespassers or other persons. The Buyer shall indemnify the Company against any claim by any such person.

13. Variations - Sometimes projects may require changes to the Services that weren’t expected at the outset or YOU may request changes (for example, to include ‘out of scope’ work). If, this happens we will both try to agree on a Variation to the Proposal. Any agreed Variation (whether written or oral) will amend and become part of the Proposal and any additional charges will be added to the final invoice. Variation charges as per Section 5.6.

14. Cancellation of Orders - The Company reserves the right to cancel a custom order at anytime, with written notice and explanation given to the Buyer. Refund of any deposit amount will only apply when The Company has chosen to cancel an order.

14.1 If cancellation of any order is requested by the Buyer after deposit has been received any refunded deposit amount will exclude any associated costs incurred or work already undertaken by the Company in relation to the quoted scope of works. These costs and work can include but are not limited to; design work, consultations, meetings, materials purchased, labour and the like. 

15. Guarantee –

On Custom made furniture. The Company will guarantee all workmanship performed by its servants, agents and contractors for a period of 90 days from time of delivery to the Buyer, providing all terms and conditions in, section 10 – Warranty, have been adhered to by the buyer.

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