A. The Customer wishes to purchase the Goods from Specified Store.
B. This Agreement sets out the terms on which Specified Store agrees to supply the Goods to the Customer.
In this Agreement:
ACL means the Australian Consumer Law (contained in schedule 2 of the Competition and Consumer Act 2010 (Cth)) and equivalent legislation (such as the Fair Trading Acts) in each State and Territory.
Agreement means the agreement comprised of these terms and conditions and the Order Confirmation.
Consumer has the meaning given in the ACL.
Consumer Guarantees means the guarantees applicable to Consumers under the ACL.
Customer means the customer named in the Order Confirmation.
Delivery means, where Goods are to be supplied:
a) from Specified Store’s premises, the relevant Goods leave such premises with a courier, the Customer or someone else on its behalf; or
b) directly to the Customer from someone other than Specified Store, the relevant Goods leave such person’s premises.
Express Warranty means an express warranty for the purposes of section 59 of the ACL.
Goods means the goods identified in the Order Confirmation.
Order means the order issued to Specified Store by or on behalf of the Customer in respect of the Goods.
Order Confirmation means the written acceptance issued to the Customer by Specified Store in respect of an Order.
Price means the price of the Goods identified in the relevant Order Confirmation, plus delivery costs (where relevant) and all:
a) relevant duties and handling costs in the case of Goods identified as “furniture” in the relevant Order Confirmation;
b) additional costs incurred by Specified Store as a result of exchange rate variations between Order Confirmation and Delivery; and
c) costs incurred by Specified Store as a result of the Customer’s failure to collect or accept Delivery of ordered Goods in a timely manner.
Specified Store means Specified Store Pty Ltd.
Other than terms which are imposed by law and cannot be excluded, the terms of this Agreement are the only terms that apply to the supply of Goods to the Customer and the Customer is deemed to have read, understood and accepted the terms set out in this Agreement prior to issuing its Order.
3. Payment Terms – Goods other than furniture
a) Subject to clause 3b), the Customer must pay Specified Store the Price before Delivery.
b) Where Goods are to be supplied by Specified Store in batches, the Customer must pay Specified Store the Price of each batch of Goods before their Delivery.
c) All relevant payment methods and transfer fees will be identified in the Order Confirmation.
4. Order and Payment Terms – Furniture
a) Where an Order is for Goods identified as furniture:
i) Specified Store is not obliged to order or commence their supply until the Customer:
A) agrees their design, detail, finishes and colours in writing; and
B) pays Specified Store a deposit equal to 50% of the Price; and
ii) the Customer must pay Specified Store the remainder of the Price before Delivery.
b) All relevant payment methods and transfer fees will be identified in the Order Confirmation.
5. Delayed Payment
Where Delivery occurs notwithstanding that the Price has not been paid in full:
a) the Customer:
i) holds the relevant Goods as the fiduciary of Specified Store; and
ii) must store the relevant Goods in a manner that clearly identifies them as the property of Specified Store;
b) the Customer must pay the remainder of the Price within 5 days after the date of Delivery without set off, deduction or withholding; and
c) if the Customer fails to pay Specified Store the Price in accordance with clause 5b):
i) interest will be due and payable on the outstanding amount by the Customer to Specified Store (calculated on a monthly basis by applying a rate of interest of 14% per annum) up until the date on which the Price and all relevant interest is received by Specified Store; and
ii) Specified Store may (without prejudice to its other rights) recover and resell all or part of the relevant Goods and the Customer irrevocably appoints Specified Store as its agents to, without any liability to the Customer or anyone claiming through it:
A) enter premises where the relevant Goods are located;
B) remove the relevant Goods notwithstanding the manner of their attachment; and
C) sell or dispose of any such Goods.
a) To the fullest extent permitted by law:
i) once an Order Confirmation is issued by Specified Store accepting an Order, the relevant order cannot be cancelled or altered without Specified Store’s written consent; and
ii) if Specified Store accepts the cancellation of an order, the Customer forfeits all amounts paid to Specified Store up to the date of cancellation.
b) Specified Store may suspend or cancel an Order the subject of an Order Confirmation where:
i) it or the relevant supplier is unable to obtain all relevant import approvals; or
ii) it is prevented from fulfilling the Order by an event beyond its reasonable control,
and its only liability to the Customer will be to refund all amounts paid to Specified Store by the Customer in respect of the relevant Goods.
7. Delivery - Goods in stock
a) Where Goods the subject of an Order Confirmation are in stock, Specified Store will ship them promptly after the Price is received and verified by Specified Store.
b) Any delivery date quoted by Specified Store is given in good faith and Specified Store has no liability for delayed Delivery.
c) If the Customer does not receive an ordered Good within a reasonable period after it receives an Order Confirmation, it should contact Specified Store at email@example.com.
d) Specified Store reserves the right to make partial deliveries of ordered Goods.
8. Delivery - Furniture
a) Where an Order is for Goods identified as “furniture”, Specified Store will confirm the anticipated date for Delivery in the Order Confirmation however, Specified Store has no liability for delayed Delivery.
b) Specified Store reserves the right to make partial deliveries of ordered Goods.
9. Title and Risk
a) Title in Goods passes to the Customer upon payment of the Price.
b) Risk in Goods passes to the Customer upon Delivery.
10. Inspection of Goods
a) The Customer must:
i) inspect all Goods on Delivery; and
ii) within five days after Delivery notify Specified Store in writing if any Good is missing or not in accordance with this Agreement.
b) If the Customer fails to give a notice in accordance with clause 10a)ii), the Delivered Goods are deemed to have been accepted by the Customer on the expiry of the prescribed period.
Any advice, recommendation, information, assistance or service provided by or on behalf of Specified Store is given in good faith and without any liability or responsibility and the Customer acknowledges and agrees that it:
a) relied on its own skill and judgment in entering into this Agreement; and
b) did not rely on any statement or representation given by or on behalf of Specified Store.
a) Clauses 12b) and c) do not apply to Consumer Guarantee claims made by the Customer.
b) To the fullest extent permitted by law Specified Store:
i) excludes all warranties and terms implied by law, custom or usage in relation to the Goods; and
ii) limits its liability for any non-compliance with a Consumer Guarantee or under or arising out of this Agreement or any law to the:
A) replacement of the relevant Goods or the supply of equivalent goods;
B) repair of the Goods;
C) payment of the cost of replacing the Goods or acquiring equivalent goods; or
D) payment of the cost of having the Goods repaired.
c) To the fullest extent permitted by law, Specified Store has no liability under or arising out of this Agreement for:
i) loss of revenue, use, production, goodwill, profit, business, contract or anticipated savings;
ii) financing costs or increase in operating costs; or
iii) other financial or economic loss or any other special or indirect loss or damage.
Where lighting is supplied to the Customer by Specified Store:
a) all fittings are supplied on an “as is” basis; and
b) any electrical works required to fittings are at the Customer’s cost and risk.
All samples supplied to the Customer by or on behalf of Specified Store are indicative only and variations in colour, shade and grain may occur in different production lots. In placing its Order, the Customer accepts that such variations are not defects.
All personal information Specified Store gathers in performing this Agreement will be handled in accordance with all relevant privacy laws.
To the fullest extent permitted by law, the Customer indemnifies Specified Store from and against all liabilities, damages and costs arising out of, or in any way in connection with the Customer’s breach of this Agreement.
17. Governing Law
This Agreement is governed by and to be construed in accordance with the laws of New South Wales and each party submits to the non-exclusive jurisdiction of the courts of that State.
The Customer must not assign or attempt to assign any of its rights under this Agreement without the prior written consent of Specified Store.
If any provision of this Agreement is found to be void, voidable or unenforceable, it is to be severed from this Agreement without affecting the validity or enforceability of the remaining provisions.
No amendment or variation of this Agreement is valid or binding on a party unless made in writing and executed by both parties.
No waiver of any of this Agreement or any breach of this Agreement is valid or binding on the party granting that waiver unless made in writing and signed by that party.