Yes Office Furniture
ABN: 80 632 395 923
STANDARD TERMS AND CONDITIONS FOR SALE OF GOODS
In this document the following words shall have the following meanings:
- “Buyer” means the organisation or person who buys Goods from the Seller;
- “Goods” means the articles to be supplied to the Buyer by the Seller;
- “Intellectual Property Rights” means all patents, registered and unregistered designs, copyright, trademarks, know-how and all other forms of intellectual property wherever in the world enforceable;
- “List Price” means the list of prices of the Goods maintained by the Seller as amended from time to time;
- “Seller” means Yes Office Furniture ABN: 80 632 395 923
- These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties ,including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Seller in writing
- Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3 PRICE AND PAYMENT
- The price shall be that in the Seller’s current List Price, or such other price as the parties may agree in. Carriage shall be paid for by the buyer if the order is under $1500 and delivery is no located in Melbourne or Sydney Metro region.
- The seller may charge an amount for delivery, freight and assembly in addition to the price of the goods, this price is dependent on the volume of products and distance travelled. The Sellers usual rate will be applied, if there are no such usual rates then the buyer will be charged a reasonable rate for the services offered by the seller. The Sellers usual rates are subject to change.
- Unless otherwise agreed payment must be paid in full at time of the order being accepted by Yes Office Furniture PTY LTD. The Seller shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment.
- If payment of the price or any part thereof is not made by the due date, the Seller shall be entitled to:
– require payment in advance of delivery in relation to any Goods not previously delivered;
– refuse to make delivery of any undelivered Goods whether ordered under the contract or not and without incurring any liability whatever to the Buyer for non-delivery or any delay in delivery;
– reverse any discounts or rebates allowed.
– terminate the contract.
- If an item is out of stock, the seller will notify the buyer by email so they are aware of the situation. If the seller is able to source an alternative, comparable product, the seller will give the buyer a choice as to whether or not they wish to purchase this item or receive a full refund. Yes Office Furniture PTY LTD may, in its sole discretion, cancel the out of stock item, or place the item on backorder and dispatch the rest of the Buyers order if no response is received within 72 hours. The Seller will not charge any additional freight costs for out of stock items.
- If the Buyer wishes to order any item that is out of stock they may choose to pre-order this item. The Seller endeavours to supply an ETA date for all stock items on backorder with our suppliers. These dates are approximate and can be changed at any time by suppliers or shipping couriers and can be up to 6-8 weeks.
Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract.
Where a sample of the Goods is shown to and inspected by the Buyer, the parties hereto accept that such a sample is shown and inspected for the sole purpose of enabling the Buyer to judge for the quality of the bulk, and not so as to constitute a sale by sample.
- Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Buyer on the date specified by the Seller. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. The Buyer must arrange parking in order for delivery and or assembly to be possible.
- The date of delivery specified by the Seller is an estimate only. Time for delivery shall not be of the essence of the contract.
- If the Seller is unable to deliver the Goods for reasons beyond its control, then the Seller shall be entitled to place the Goods in storage until such times as delivery may be affected and the Buyer shall be liable for any expense associated with such storage.
- The Buyer shall be entitled to replacement Goods where the Goods have been damaged during transportation. The Buyer must notify the Seller of the damage within 48 hours of delivery with accompanying images. If no such contact has been made, the Buyer agrees the Goods have been delivered undamaged and can not make a claim of damage during transportation.
The risk in the Goods shall pass to the Buyer at the moment the Goods are dispatched from the Seller`s premises. Where the Buyer chooses to collect the Goods itself, the risk will pass when the Goods are entrusted to it or set aside for its collection, whichever happens first.
Title in the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods.
- Where the Goods have been manufactured by the Seller and are found to be defective, the Seller shall repair, or in its sole discretion, replace defective Goods free of charge within manufacturer’s warranty period from the date of delivery, subject to the following conditions:
– the Buyer notifying the Seller in writing immediately upon the defect becoming apparent;
– the defect is due to the faulty design, materials or workmanship of the Manufacturer.
- Any Goods to be repaired or replaced shall be returned to the Seller at the Buyer’s expense if so requested by the Seller.
- No replacement, credit or refund will be given until all Goods have been returned and verified as valid under manufacturers warranty.
- Where the Goods have been manufactured and supplied to the Seller by a third party, any warranty granted to the Seller in respect of the Goods shall be passed on to the Buyer.
9 Delivery & Returns
- Free delivery applies to orders with a value of over $1500 (Inc. GST) made online at https://yesoffice.com.au. Free delivery is only available within Melbourne and Sydney Metro areas and will be applied once the buyer completes the delivery forum and enters a valid Melbourne or Sydney Metro Postcode. For all other locations shipping will be calculated based on order size. Once the order has been submitted, if freight costs are substantially higher, the Seller will contact the buyer within 2 business days to discuss an additional delivery charge. A full refund will be issued if the Buyer chooses not to accept the additional charge.
- All deliveries will need to be signed for by somebody at the nominated delivery address during business hours, Monday – Friday 9:00am – 5:00pm.
- If nobody is available to accept the delivery at the nominated address and time, we will be unable to complete the delivery. In those circumstances, we will contact you to arrange re-delivery and additional charges will apply. Please Note all orders delivered via courier service, Not Australia Post. We cannot leave orders unattended or at your local Post Office or PO Box. Please ensure that you provide a physical street address (including business name if you are delivering to a business) when completing your shipping details.
- Due to health and safety policies delivery is only ensured to the front door, ground level. Any deliveries made outside of these areas are at the carrier’s discretion and are not guaranteed. The Seller or any couriers delivering on behalf of the Seller MUST be informed of ANY restrictions regarding access for vehicles delivering the goods. This includes but not limited to, steps (including those required to climb to gain access to the property entrance), any overhanging trees, steep driveways or any other limitations that may make it difficult for the delivery vehicle to gain access. In the event that the item is refused delivery or cancelled due to these restrictions, the customer is liable for all carrier charges incurred and a 20% re-stocking fee.
- When ordering multiple items- these orders will generally be delivered on a pallet, to ensure their safe arrival without damage or lost cartons. You will be responsible for providing an appropriate location for delivery. Pallets will require a fork lift or hand unload by yourself. The pallet can then be disposed of as you wish.
- The Buyer will inspect all Goods received before signing POD (Proof of Delivery). Once POD is signed the buyer agrees goods were delivered in good condition, free from visible carton damage. The buyer must then notify the Seller in writing with photo evidence within 2 business days of delivery of any shortage in quantity, defect, incorrect specification, damage or incorrect Goods. The Buyer is responsible for checking the Goods comply with those ordered prior to use. After this time the Goods received shall be deemed to be free from defect.
- The Buyer agrees that it will not return any Goods without first informing the Seller so that a Returns Authorisation (“RA”) number may be issued by the Company for valid returns. Any items returned without a valid “RA” will incur a 30% restocking fee. Returns for change of mind will not be accepted.
– The Buyer accepts that minor defects in the Goods do not constitute grounds for a claim or return.
– The Buyer accepts custom made Goods may not be returned.
- Return of Goods is only applicable if Goods have not been assembled and are returned in original packaging, undamaged.
- No liability of any nature shall be incurred or accepted by the Seller in respect of any representation made by the Seller, or on its behalf, to the Buyer, or to any party acting on its behalf, prior to the making of this contract where such representations were made or given in relation to:
– the correspondence of the Goods with any description;
– the quality of the Goods; or
– the fitness of the Goods for any purpose whatsoever
- No liability of any nature shall be accepted by the Seller to the Buyer in respect of any express term of this contract where such term relates in any way to:
– the correspondence of the Goods with any description;
– the quality of the Goods; or
– the fitness of the Goods for any purpose whatsoever
- All implied terms, conditions or warranties as to the correspondence of the Goods to any description or the satisfactory quality of the Goods or the fitness of the Goods for any purpose whatsoever (whether made known to the Seller or not) are hereby excluded from the contract.
11 LIMITATION OF LIABILITY
- Where any court or arbitrator determines that any part of Clause 10 above is, for whatever reason, unenforceable, the Seller shall be liable for all loss or damage suffered by the Buyer but in an amount not exceeding the contract price.
- Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of the Seller for death or personal injury as a result of the Seller’s negligence or that of its employees or agents.
12 INTELLECTUAL PROPERTY RIGHTS
All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Seller, and the Buyer shall do all that is reasonably necessary to ensure that such rights vest in the Seller by the execution of appropriate instruments or the making of agreements with third parties.
13 FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract.
14 RELATIONSHIP OF PARTIES
Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
17 GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with Australian Commonwealth and state law and the parties hereby submitting to Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010