(a) “Vendor” means Furnish and Finish Pty Limited ABN 11 097 774 097.
(b) “Goods” means anything sold to the Purchaser by the Vendor pursuant to this agreement, being such goods as are referred to in the documentation attached hereto and any other goods that are agreed in writing between the Parties to form part of the subject matter of this agreement.
(c) “Purchaser” means the party specified as “customer” on front page hereof.
(d) “Parties” means the Vendor and the Purchaser.
(e) “Price” means the amount specified as “cost as per invoice and correspondence” in the front page hereof, or such other amount as is specified in the Quote.
(f) “Property” includes any property in which the Vendor believes the Goods are located.
(g) “Quote” means the document provided to the Purchaser entitled “Quote” or such other document as is provided to the Purchaser specifying the Goods and the amount payable in respect thereof.
(h) “Costs” includes without limit direct loss or loss of profits or indirect, consequential, incidental, special, exemplary, or punitive loss or damage howsoever caused (including through the negligence of You or others).
2.1 Should the Purchaser wish to have a mood board created by the Vendor, the Vendor shall undertake those works following payment of 5% of the Quoted price of the furniture package.
On acceptance of the Purchase Agreement, the 5% will be deducted from the final balance.
Should the Purchaser not wish to proceed with the Purchase Agreement, the 5% is non refundable.
2.2 The Purchaser is to pay to the Vendor a sum equivalent to 50% of the Price of the Agreement on acceptance of the mood board (or if no mood board required, payment to be made immediately). The 50% payment of the Purchase agreement amount, is to enable the Vendor to begin selecting pieces for the job.
2.3 If the Purchaser wishes to proceed without a mood board, the same terms apply as above, disregarding the 5% fee.
3.1 The Purchaser must pay to the Vendor the remaining 50% balance owing or the remaining amount owing (in case of a mood board fee being deducted) of the final Price of the Agreement four weeks prior to the proposed installation date.
3.2 If any payment under this Agreement is due and unpaid for more than 5 business days or if there exists any other breach whatsoever of the terms of this Agreement, the Vendor may terminate this Agreement with immediate effect.
3.3 In the event of the Vendor instructing its solicitors to collect an overdue amount, all legal fees and collection charges and tracing agent fees as between solicitors and client shall be borne by the Purchaser and all payments made shall firstly be allocated towards such fees and charges and thereafter to interest and finally to capital.
4.1 Any guarantee, condition or warranty which would otherwise be implied in these terms and conditions or any other agreement between the parties is hereby excluded.
4.2 To the extent that any legislation or other law implies any guarantee, condition or warranty which cannot be excluded: 4.2.1 Such liability shall exclude any indirect, special or consequential damages; and
4.2.2 The Vendor’s liability for breach of such guarantee, condition or warranty shall be limited at the vendor’s option to:
22.214.171.124 If the breach relates to Goods, the replacement of the Goods or the supply of equivalent Goods; or
126.96.36.199 If the breach relates to services, the supplying of the services again or the Costs of having the services supplied again.
4.3 The Purchaser acknowledges that they have not entered into this agreement in reliance upon any statement (written or verbal) made by the Vendor or any representative or employee of the Vendor, other than as expressly agreed in writing between the parties.
5.1 All risk in the Goods passes to the Purchaser upon delivery of the Goods or if the Purchaser will collect the Goods, then upon collection of such Goods. Title passes upon receipt by the Vendor of full payment and delivery of the Goods. 5.2 Ownership of the Goods supplied by the Vendor will not pass to the Purchaser and will remain with the Vendor until such times as payment for and in respect of the Goods and of the Price be made in full.
5.3 The Purchaser irrevocably agrees and undertakes that the Vendor and its servants or agents will have the right, in the event that any payment is not made as and when it falls due, without notice or demand to immediately enter upon the Property and retake possession and remove the Goods in the possession of the Purchaser or wheresoever situated.
6.1 The Purchaser is responsible for arranging access to the Property for the delivery of the Goods. If the Vendor is unable to gain access to the Property for any reason whatsoever, the Purchaser shall reimburse the Vendor for any Costs that are incurred by the Purchaser in that regard and in respect of the redelivery of the Goods.
7.1 The Vendor shall not be required to deliver any Goods to the Purchaser until such time as the Purchaser has signed a returned a completed Purchase Agreement and payment for the goods.
7.2 The Purchaser is responsible for arranging access to the Property during normal business hours Monday to Friday (Excluding public holidays) for the delivery of the Goods. If the Vendor is unable to gain access, the Purchaser will indemnify the Vendor in respect of any additional costs that arise as a result of such inaccessibility or hindrance.
7.3 The Vendor is unable to accept responsibility for damages to the Property or the Purchaser’s goods if there is no representative on behalf of the Purchaser on-site at the Property Goods are delivered.
7.4 The Vendor reserves the right to nominate the time and day for the delivery of the Goods.
7.5 Should the Goods include the hanging of Artwork, the Purchaser acknowledges that the Vendor may use the processes of drilling or employ the use of nails or such other method as the Vendor deems fit in respect of hanging such Artwork. It is the responsibility of the Purchaser to advise in writing at the time of entering into this Agreement if hooks, nails, screws or imaging fixtures are not to be used.
8.1 The Purchaser must provide such information, assistance and access to the Property as is necessary to facilitate the performance of the Vendor’s obligations pursuant to this Agreement and the exercise of the Vendor’s rights pursuant to this Agreement.
9.1 The Purchaser must advise the Vendor’s relevant staff or contractors of any requisite safety protocols or appropriate procedures that apply to visitors of the Property on or prior to arrival at the Property. The Purchaser must ensure that the Property is safe in all respects for all purposes upon any visit by the Vendor’s staff or contractors. The Purchaser must
immediately advise the Vendor upon any concerns that arise in relation to safety on, in, or around the Property for the purposes of this clause. If the Vendor’s staff or relevant contractor determines that the site is unsafe in any respect, such staff member or contractor may immediately terminate their attendance at the Property, and such termination will not constitute a breach of any agreement with the Purchaser.
10.1 In the event that the Purchaser terminates the Agreement prior to the delivery of the Goods, the Vendor shall retain any monies already paid pursuant to the terms of this Agreement.
11.1 The Purchaser shall indemnify the Vendor for any Costs that arise directly or indirectly from any non-compliance by the Purchaser of these terms and conditions or any other agreement between the Vendor and the Purchaser and the Quote.
12.1 The Purchaser will keep confidential at all times all information supplied by the Vendor to the Purchaser.
13.1 These terms and conditions and the contract documents contain the whole of the agreement between the Purchaser and the Vendor.
13.2 Any illegal or invalid provision of our agreement will be severable to the extent required to make this agreement enforceable and all other provisions will remain in full force and effect.
14.1 Any notice required to be given by either party must be delivered personally, or sent by pre-paid mail or by facsimile to the address of the other as last notified.
15.1 This agreement shall be governed and construed in accordance with the laws of New South Wales and the parties hereby submit to the jurisdiction of the Courts of that state.
16.1 When goods are provided by the Vendor to the Purchaser in accordance with a Styling proposal, all goods and accessories are provided at the Vendor’s discretion and no changes or substitutes to goods selected will be made without additional charge.
17.1 The Owner will hold selected furniture and/or accessories for a period of one (1) week after the agreed delivery date. After this period storage charges will apply on a weekly basis.
18.1 The Owner will not release any furniture and/or accessories until such time as the Owner has received a signed copy of this Agreement and full payment of the Price.
19.1 The Purchaser acknowledges that the Goods have been previously used, so there is a reasonable likelihood that the Goods will have some imperfections. Imperfections may include but are not limited to slight marks, scuffs, general wear and tear etc. The Goods are sold in their present condition and state of repair.
19.2 The Vendor gives no warranties as to the Goods, other than that they are in reasonable working order having regard to their date of manufacture, and, subject to clause 19.3, the Purchaser shall make no claim in relation to the condition of the Goods.
19.3 Within the first 24-48 hours from delivery of the Goods, the Purchaser may request a replacement of the Goods if the Goods are substantially damaged to the extent that they have no use. However, the Purchaser shall have no right to a refund and cannot require the Vendor to carry out any repairs or works to the Goods.