1.1 In these Terms:
“Company” means[The Antique Reproduction Shop] “Customer” means the purchaser of Goods from the Company. “Goods” means all goods sold and/or delivered by the Company to the Customer. “Terms” means these terms and conditions of sale.
2.1 These Terms apply to all contracts for the sale of Goods by the Company.
2.2 No amendment, alteration, waiver or cancellation of any of these Terms is binding on the Company unless confirmed by the Company in writing.
2.3 The Customer acknowledges that no employee or agent of the Company has any right to make any representation, warranty or promise in relation to the Goods or the sale of the Goods other than as contained in these Terms.
3.1 Prices are determined at the time of order and, prior to payment of the deposit, are subject to change without notice.
4.1 Payments are to be made to the Company without any deduction or discount other than as stated in these Terms or in the relevant invoice or statement.
4.2 A deposit of 30% of the invoice price must be paid when placing an order. Cancellation of order incurs a cancelation fee of 30% of the invoice or the amount placed as deposit.
4.3 Where Goods are ordered with fabric selected by the Customer, the fabric must be paid for in full at the time the deposit is paid.
4.4 The balance of the invoice price must be paid in full before delivery.
4.5 Interest is payable on all overdue accounts calculated on a daily basis at the rate of 1.5% per month as from the date due for payment until payment is received by the Company.
5.1 The Customer must, within 5 days of being notified of their availability, collect or accept delivery of the Goods and pay the balance of the invoice price.
5.2 If the Customer fails to collect the Goods or accept delivery within 21 days of being notified of their availability, the Company may terminate this contract, keep the deposit and resell the Goods.
5.3 In addition to clause 4.4, the Company reserves the right to charge the Customer storage on goods not collected or delivered within 5 days of notification of their availability at the rate of $35.00 per week or part thereof.
5.4 The Company reserves the right to deliver the Goods in whole or in instalments, as well as to deliver prior to the date for delivery and, in such event, the Customer must not refuse to take delivery of the Goods.
5.5 Any failure on the part of the Company to deliver instalments with in any specified time does not entitle the Customer to repudiate the contract with regard to the balance remaining undelivered.
5.6 Delivery fee’s and charges to deliver Goods are not included in the invoice unless otherwise stated by the Company on the invoice.
5.7 Goods delivery and completion times are estimated and subject to Goods availability, shipping, transit times and other occurrences. The customer understands that delivery times are estimated and delays can occur.
5.8 The Company, its employees, agents or representatives are not responsible for any loss or damage that occurs to the Goods during transportation or delivery.
6.1 Legal and beneficial ownership of the Goods will not pass to the Customer until such time as the Goods have been paid in full in cash or cleared funds.
7. Risk and Insurance
7.1 The Goods are entirely at the risk of the Customer from the moment of delivery to the Customer’s point of delivery or on collection, even if title in the Goods has not passed to the Customer at that time.
7.2 The Customer must, at its own expense, maintain the Goods and insure them for the benefit of the Company against theft, breakdown, fire, water and other risks as from the moment of delivery to the Customer and until title in the Goods has passed to the Customer.
8.1 Unless the Customer has inspected the Goods and given written notice to the Company within 2 days after collection or delivery that the Goods do not comply with the relevant specifications or descriptions, the Goods are deemed to have been accepted in good order and condition.
9.1 No order may be cancelled, modified or deferred without the prior written consent of the Company (which is at the Company’s sole discretion). If such consent is given it is, at the Company’s election, subject to the Company being reimbursed all losses, including loss of profits, and paid a cancellation fee (being not less than 30% of the invoice price of the Goods). The company does not accept returns or exchanges for change of mind.
10. Limited Liability
10.1 These Terms do not affect the rights, entitlements and remedies conferred by the Trade Practices Act 1974.
10.2 The Company is not subject to, and the Customer releases the Company from, any liability (including but not limited to consequential loss or damage) because of any delay in delivery or fault or defect in the Goods. The Customer acknowledges that the Company is not: (a) responsible if the Goods do not comply with any applicable safety standard or similar regulation; and (b) liable for any claim, damage or demand resulting from such non- compliance.
10.3 If any statutory provisions under the Trade Practices Act 1974 or any other statute apply to the contract between the Company and the Customer (Contract) then, to the extent to which the Company is entitled to do so, the Company’s liability under the statutory provisions is limited, at the Company’s option, to:
(a) replacement or repair of the Goods or the supply of equivalent Goods; or (b) payment of the cost of replacing or repairing the Goods or of acquiring equivalent goods; and in either case, the Company will not be liability for any consequential loss or damage or other direct or indirect loss or damage.
11.1 All Goods supplied are covered by such warranties as are specified by the manufacturer or if not specified covered by such warranties of 12 months and supplied subject to the product standards of the Company. Warranty covers major cracking, bowing, warping and Goods failing their general use within a 12- month period.
11.2 On discovery of any defect in the Goods, the Customer must immediately notify the Company in writing of such defect. The Customer must not carry out any remedial work to alleged defective Goods without first obtaining the written consent of the Company to do so.
11.3 The provisions of any act or law (including but not limited to the Trade Practices Act 1974) implying terms, conditions and warranties, or any other terms, conditions and warranties which might otherwise apply to or arise out of the Contract are hereby expressly negative and excluded to the full extent permitted by law.
11.4 The Customer expressly acknowledges and agrees that it has not relied upon, and the Company is not liable for any advice given by the Company, its employees, agents or representatives in relation to the suitability for any purpose of the Goods.
11.5 The Customer expressly acknowledges and agrees that Goods are recommended to be maintained and homed in a general atmosphere of 15-30 degree’s. Goods are not to be positioned near a direct heat source e.g. ducted heating vent, fire source or any other direct heating source. Direct heat can alter the moisture content in the product and cause the goods to crack, bow or warp.
Goods warranty is not valid if your item is placed near a direct heat source.
11.6 The Customer expressly acknowledges and agrees that Goods after time may appear to have small minor (not lowering the merchantable quality and use of the product) movements which is part of the Goods acclimatization. This may show in very small cracks or expansion panel wood exposure. Goods are of natural material and it can not be guaranteed how the product will acclimatize. Should your product acclimatize in a manner that makes the product completely faulty and can not be used this is covered under the said warranty at 11.1 in the Terms.
11.7 The Customer expressly acknowledges and agrees that Goods placed in direct sunlight can cause bleaching and can distort and change the color of the wood, material, fabric or upholstery. It is not recommended to put your product in direct sunlight.
11.8 The Customer expressly acknowledges and agrees that if Goods are broken, damaged, tampered with or found to fail due to the Customer’s improper use the warranty is not valid. Nor if the product is changed or altered in anyway by the Customer the warrant is not valid.
12. Display and Samples
12.1 Any display product or sample inspected by the Customer is solely for the Customer’s convenience and does not constitute a sale by sample.
12.2 All Goods and products that are handmade and designed are subject to the following; (a) Goods carvings, profile placements or small features can differ slightly. (b) Handmade goods are unique and have their own special unique signature. (c) All goods that are constructed in natural timber will hold characteristics of natural timber with knots, grain features and joinery. (d) Goods ordered in selected wood stain colors, painted and gilded finishes, fabrics, patterns and upholstery may differ slightly to display product or samples. (e) Goods whether standard catalog items or custom made items are subject to a measurement allowance of 10-20mm.
(f) Goods can have small and minor imperfections in the finished product.
13.1 The terms of the Contract are wholly contained in these Terms and any other writing signed by both parties. The Contract is deemed to have been made at the Company’s place of business where an order was placed and any cause of action is deemed to have arisen there.
14. Force Majeure
14.1 The Company will not be liable for any breach of contract due to any matter or thing beyond the Company’s control (including but not limited to transport stoppages, transport breakdown, fire, flood, earthquake, acts of God, strikes, lock-outs, work stoppages, wars, riots or civil commotion, intervention or public authority, explosion or accident.
15. Waiver of Breach
15.1 No failure by the Company to insist on strict performance of any of these Terms is a waiver of any right or remedy which the Company may have, and is not a waiver of any subsequent breach or default by the Customer.
16. No Assignment
16.1 Neither the Contract, nor any rights under the Contract may be assigned by the Customer without the prior written consent of the Company, which is at the Company’s absolute discretion.
17.1 If any provision contained in these Terms is held by a court to be unlawful, invalid or unenforceable, the validity and enforceability of the remaining provisions are not affected.
18. Governing Law
18.1 These Terms and the Contract shall be governed by the law of Victoria and the parties submit to the courts of Victoria in respect of any dispute arising.