1. Apartment Living and Lifestyle: is an entity of The Robertsons Group of Companies. The expression “Seller” means the entity within APARTMENT LIVING AND LIFESTYLE which sells the goods or provides the services to the "Buyer".
2. Unless otherwise agreed in writing by the Seller, the Buyer agrees that it will be bound by these terms and conditions. The Seller is not bound by any terms and conditions contained in any document issued by the Buyer.
3. Once a Sales Order has been accepted by the Buyer, it cannot be cancelled by the Buyer. The supply of goods or services is subject to availability. The Seller reserves the right to suspend or discontinue the supply of goods or services to the Buyer. If the Seller is unable to supply all of the goods quoted, these terms and conditions continue to apply to any part of the Sales Order supplied.
4. Unless otherwise agreed in writing by the Seller, delivery is at the Seller’s premises. If a delivery date is specified, that date is an estimate only and the Seller is not liable for any delay in delivery. Time is of the essence in relation to delivery and the Buyer must accept delivery and pay for the goods delivered including transport costs, if applicable, even if they are delivered after any specified delivery date.
5. TERMS & CONDITIONS OF SALE at ALL
ALL may advise approximate delivery times (such as lunchtime, late afternoon etc) in good faith however, ALL are not responsible for traffic and delivery delays. Should no person by present to take delivery, the goods shall be re-delivered on another mutually agreed date and time and such re-delivery costs shall be borne directly by the Client upon re-delivery of the goods.
All customers shall accept delivery of all goods within 14 days of notification that the goods are available for delivery unless a prior arrangement has been made. Where possible, storage can be arranged at a nominal cost to the customer.
Customers must provide clear and unobstructed access area for the delivery of goods. Difficult access requires prior notice as additional delivery personnel may be required and additional delivery charges may result. Our personnel will at all times be diligent and careful, but cannot be responsible for any accidental damage that may occur during the delivery process.
Customers are responsible for the selected goods fitting into the intended area of the building.
The Buyer must inspect the goods or services immediately following delivery or completion of the services (as the case may be). The Buyer may only return goods with the prior approval of and at the sole discretion of the Seller. The goods must be returned within 10 days of the date of delivery in an unsoiled, undamaged and resaleable condition and, where appropriate, in the original packaging. A reasonable handling fee for any returned goods will be charged to the Buyer. Any claim that the goods or services are not in accordance with these terms and conditions (including if they are defective, damaged during delivery, are short delivered or services not as per contract) must be made at the time of delivery/services provided or in writing to the Seller within 48 hours after delivery of the goods/performance of the services to the Buyer. If the Buyer fails to make a claim then, to the extent permitted by law, the goods or services are deemed to have been accepted by the Buyer and the Buyer must pay for the goods or services in accordance with these terms and conditions.
7. If employees or authorised representatives of the Seller attend any premises as directed by the Buyer to install or apply any goods or perform any services, the Buyer will ensure appropriate policies and procedures are in place and followed and generally implement good industry practice (including occupational health and safety policies and risk assessments for any dangerous or potentially dangerous activities) and act consistently with the Seller’s policies as notified to the Buyer.
8. Unless otherwise agreed, the Buyer must pay for goods or services ordered by the Buyer before supply of goods or completion of services. The Seller may charge an administration fee for any payments by credit card. Time is of the essence in respect of the Buyer’s obligation to make payment for goods or services supplied by the Seller to the Buyer.
Credit Card Surcharge - A credit card surcharge will apply to all purchases made using either AMEX or Diners.
9. Terms of Payment: Prices have been calculated on the basis that all monies due under the contract will be paid when due.
Any balance owing, must be paid before delivery or upon notification that goods are available for collection or delivery.
Made to Order Stock - Items which are made to individual customer specification, which have to be ordered specifically for a customer, can not be returned, unless these items are proven to be faulty.
Accordingly, any delayed payment may at the discretion of APARTMENT LIVING AND LIFESTYLE, incur interest at the rate of 2% for each calendar month during which payment is delayed. Specific terms of payment are included with each Specification. The Buyer charges its interests in property (including real property) in favour of the seller to secure payment and agrees to execute any document reasonably necessary to give effect to that charge.
10. If the Buyer does not make any payment by the due date, commits any other material breach of these terms and conditions, or an insolvency event in respect of the Buyer arises or is reasonably suspected by the Seller, the Seller may (without limiting any other right or claim it may have against the Buyer) do any or all of the following: a) charge the Buyer interest calculated on a daily basis on any portion of the Buyer’s account that is overdue at the Australian Banking Group’s reference rate for business loans, available to prime commercial customers plus 5% calculated from the date the payment was due until the date payment is made (both dates inclusive); b) Cancel or suspend any unfilled orders or cease providing the services; c) Terminate any contracts between the Seller and the Buyer and demand immediate payment of any moneys due and outstanding under those contracts; d) Cancel any rebate, discount or allowance due or payable by the Seller as at the date of the event; e) Enter (at any time) any premises in which the Seller’s goods (including any merchandising materials) are stored, to enable the Seller to inspect the goods and to reclaim possession of the goods without liability for the tort of trespass, negligence or payment of any compensation to the Buyer whatsoever; f) Lodge a caveat or other similar instrument over any property of the Buyer to secure the charge in item 8 of these terms; and/or g) Institute any recovery process as the Seller in its discretion decides at the Buyer’s cost and expense.
11. If any part of an invoice is in dispute, the balance will remain payable and must be paid when due. The Buyer has no right to set-off any claim against the Seller from moneys owing to the Seller.
12. Goods supplied by the Seller to the Buyer are at the Buyer’s risk immediately on delivery to the Buyer or into the Buyer’s custody, including its carrier or forwarder. The Buyer must insure the goods at its cost from when the good are handed to the carrier against such risks as are usual or common to insure against in a similar nature to the Buyer.
13. Validity: The offer confirmed in the Specification is valid for 30 days from the date thereof, unless otherwise stated.
14. Price Variation: APARTMENT LIVING AND LIFESTYLE may extend the offer contained in the Specification beyond the period of 30 days but reserves the right to change, the price commensurate with any increase in material or labour costs arising since the date of issue of the Specification.
15. Title: Ownership of and transfer of title to any goods or services delivered by APARTMENT LIVING AND LIFESTYLE shall not pass to the client until full payment has been received. Until then all such goods must be stored and fully insured by the client such that they remain the legal property of APARTMENT LIVING AND LIFESTYLE. In the event of any monies due under this contract not being paid when due, APARTMENT LIVING AND LIFESTYLE may at anytime thereafter rescind this contract and, without prejudice to all of APARTMENT LIVING AND LIFESTYLE rights to recover such unpaid monies in respect of services rendered and goods delivered and any other loss and damage caused by the breach and subsequent rescission of the contract, the client must, upon the request of APARTMENT LIVING AND LIFESTYLE, forthwith return such goods delivered as requested back by APARTMENT LIVING AND LIFESTYLE and in default of such return, APARTMENT LIVING AND LIFESTYLE may enter the premises of the client and recover such goods.
Return Conditions - In addition to the rights granted under the State and Federal Fair Trading legislation, ALL will refund cash & carry items (excluding Furniture, Clearance/Sale, discontinued or display items) found to be unsuitable within 7 days of delivery Providing Goods are returned in their original condition
For health reasons, bedding is unable to be returned or exchanged.
For refunds over $100, a cheque will be posted to you within 30 days of the credit being issued .
All credits will be net of delivery costs and or any merchant fees applied .
16. Storage of Goods: In the event that a client fails to accept delivery then APARTMENT LIVING AND LIFESTYLE reserves the right to charge storage costs from the dates of availability for delivery to the date of actual delivery. a) Storage charges at commercial rate will apply to goods that are not paid in full against invoice issues. This will be calculated on a daily basis and billed weekly. All charges and costs need to be met before goods are received. b) Stored goods are subject to Storage Charges. c) Project installation costs are based on multiple deliveries. If a furniture package cannot be installed at the time organised for the main installation then a separate charge will be calculated which will need to be paid for prior to installation.
17. Point of Delivery: Where clients arrange their own transportation, the point of constructive delivery is the point at which the goods are handed to the carrier. No claim for transit damage will be accepted in these cases.
18. Statutory Approval: Unless otherwise stated in the Specification the client has the responsibility to obtain licences, permits and other approval necessary for the works to be undertaken and completed.
19. Completion: Practical completion shall be when the premises are reasonably fit for occupation or use by the client, and minor defects or omissions shall not be claimed by the client as failure of completion for payment purposes. APARTMENT LIVING AND LIFESTYLE will use its best endeavours to ensure that all minor defects or omissions are corrected without delay.
20. Hours of Work: The price included in the Specification allows for all of the work to be completed in one continuous operation, unless otherwise provided for in the Specification. Any costs of down time incurred by lack of access, or of services, or lack of continuity will be charged as a variation to the contract. APARTMENT LIVING AND LIFESTYLE reserves the right in the event of undue delay to seek further progress payments to cover its commitment to the purchase of goods and storage charges caused by a delay. The client agrees to provide full and free access to the site of the works at all times during ordinary working hours.
21. Contract Variation: The contract will be completed strictly in accordance with the attached Specification. The only variations acceptable to APARTMENT LIVING AND LIFESTYLE are those received from the client in writing and approved by APARTMENT LIVING AND LIFESTYLE, or those for which APARTMENT LIVING AND LIFESTYLE has issued its Standard Contract Variation Advice.
22. Quotations: Unless otherwise stated, prices quoted by APARTMENT LIVING AND LIFESTYLE include the preparation of all drawings, colourboards, etc, necessary for completion of the work stated in the quotation Additional copies of those drawings, colourboards, etc, to facilitate changes to the Specification required by the client will be subject of an additional charge. An estimate on such additional costs will be given on request. All prices quoted are inclusive of GST.
23. Travel Costs: Unless otherwise stated, prices, all travelling, accommodation and associated out of pocket expenses reasonably incurred by APARTMENT LIVING AND LIFESTYLE in fulfilling the contact will be charged to the client at cost. Economy class travel arrangements will be made for all APARTMENT LIVING AND LIFESTYLE staff and sub-contractors. Principals and Directors of APARTMENT LIVING AND LIFESTYLE will travel Business Class.
24. Goods: Will represent all products and or Design Services offered by APARTMENT LIVING AND LIFESTYLE.
25. Copyright: The Copyright to all designs and drawings remains the property of APARTMENT LIVING AND LIFESTYLE and such designs and drawings are not to be used or reproduced wholly or in part without the written consent of APARTMENT LIVING AND LIFESTYLE.
ALL guarantees to the original purchaser to repair and replace any product with a manufacturing or material defect, for a period of 12 months from the date of the original purchase. This is provided that the defect is not a result of normal tear, or a natural characteristic of the material used. The warranty is not transferable and does not cover products used for commercial purposes. Your furniture must be cared for in accordance with the care instructions provided.
Please note the manufacturers warranty applies on sofa frames, sofa beds mechanisms and fabric where applicable. Fabrics supplied by the customer are not included in the ALL warranty.
This warranty is in addition to the rights granted by relevant State and Federal laws, and in particular the Trade Practices Act 1974 and corresponding State Fair Trading legislation. Please ensure that you keep your receipt in order to validate your warranty.
To the extent permitted by law and subject to any written warranty entered into between Seller and the Buyer with respect to goods provided under these terms and conditions, these terms and conditions exclude all other conditions, warranties, liabilities or representations in relation to the goods and /or services. Where legislation implies in these terms and conditions any condition or warranty that cannot be excluded or modified, the liability of the Seller for a breach of any such condition or warranty is limited at the Seller’s option to any one or more of the following: a) In the case of goods: i. replacement of the goods or the supply of equivalent goods; ii. payment of the cost of replacing the goods or of acquiring equivalent goods, by credit to the Buyer’s account, in cash or by cheque at the Seller’s discretion; or iii. Repayment of any part of the purchase price of the goods which has been paid by the Buyer, by credit to the Buyer’s account, in cash or by cheque at the Seller’s discretion. b) In the case of advice, recommendations, information or services by supplying the advice recommendations, information or services again.
27. The Seller is not liable for any loss or damage of any kind whatsoever and however arising out of or in connection with the supply of goods and services, including (without limitation) any indirect or consequential loss (including without limitation loss of profit, loss of revenue, loss of contract, loss of goodwill or increased cost of workings), arising out of or in connection with the supply of goods or services, even if due to the negligence of the Seller or any of its employees or agents, and the Buyer indemnifies the Seller in respect thereof.
28. The Seller may amend or vary these terms and conditions by notifying the Buyer in writing of the amendment or variation.
29. A 25% restocking charge will be paid by the buyer for any stock, imported or custom made goods cancelled for any reason.
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