Perth Interior Fitouts Pty Ltd
TERMS AND CONDITIONS OF SALE
The following Terms and Conditions of Sale apply to all orders placed with and goods and services supplied by Perth Interior Fitouts Pty Ltd (Perth Interior Fitouts) and form part of every contract between Perth Interior Fitouts and its Clients.
For the avoidance of doubt, the proceeding Terms and Conditions shall take precedence and override any alternate terms and/or conditions which may arise during the course of engagement between both parties. This includes, but is not limited to, those which may be stated by, or referred to within the Client’s Purchase Order, or other formal or informal request for, or where it aught reasonably be assumed a valid and binding order for the supply of goods documentation.
It shall be further noted, that clarity be given to this primary reading of terms set out following, be evidence that subsequent to receipt of, performance and other key milestone activity by Perth Interior Fitouts in the performance of its obligations including the supply of Products and/or Services shall not constitute acceptance of any other aforementioned contract terms or conditions whatsoever.
“Perth Interior Fitouts” means Perth Interior Fitouts Pty Ltd of 58 Duncraig Road, Applecross, WA 6153 (ACN 622 420 893)
“Client” means the party to whom Perth Interior Fitouts is providing supply of and/or Installation of Product and where applicable, Delivery of Services.
“Product” shall be interpreted to include all “Goods” or “Services” supplied to the Client at the Client’s request, from time to time (where the context so permits). The term “Product” shall be such that it be considered inclusive and interchangeable for the other; being “Service”.
“Order” and “Orders”, is within this context a “Quotation” or any other reference to pre-agreed Pricing, based on a Schedule, BOQ or other metric, which is valid and for which (in the event the item is tangible), remains able to be sourced in accordance with the procurement channel; that being the basis for which the original or subsequent quotation was prepared, no less converted as that being the ‘offer’ and subsequent acceptance.
1. Order and Acceptance
1.1. All Orders are accepted subject to availability of Product and entered under Perth Interior Fitout’s Terms and Conditions of Sale, which we shall, at our ultimate and unconditional discretion, amend either in part or full, any or all of the Terms at any time.
1.2. Perth Interior Fitouts shall, without duty to show cause, an irrevocable right to accept or reject an “Order”, in part or full, for whatever reason whatsoever. Further, we reserve the right to change, discontinue, suspend or terminate access to this website, for a person or person(s) without warning or notice in response to breaches of any of the Terms outlined within this Agreement; suspected breach of any applicable laws, or suspicious activity.
1.3. Pursuant to Cl 1.2 an order is accepted at the ultimate discretion of either the Director(s), Employees, and/or Agent(s) of Perth Interior Fitouts.
1.4. Variations to Orders (for whatever reason), which have not been specifically accounted for in the form of a valid and official Quotation, or “Variation Order”, whether this is pre or post payment, but identified before title has passed, may affect the amount of the Order and possible time of delivery.
2. Website Conduct and Behaviour
2.1. Any person or persons shall engage and are invited to visit this site on the basis that their conduct does not fall short in any material part of this agreement. Specifically, you must not use, set out to use, or attempt to use this website:
2.1.1. In breach of any applicable law(s), whether these apply at a Commonwealth, Local or State based level. The jurisdiction which shall apply for the State, is that of the State of Western Australia.
2.1.3. Publish or assist with publishing pornographic or generally offensive materials.
2.1.4. Hold out or impersonate anyone other than your true self. This applies to an entity or person or persons(s), and extends from disseminating personal information of a third party without consent, inclusive of publishing or assisting to publish any materials which you don’t have rights to, ownership over, or title or consent to do so.
2.1.5. To harm, try to harm, act or inflict harm, abuse, intimidate, threaten, stalk or harass any entity or person.
2.1.6. To solicit funds, passwords, personal information or property of any kind from any person or entity.
2.1.7. To use the platform for any purpose that facilitates ones own agenda or may contain advertising material of that of either a competitor or on behalf of a competitor, or other representative from within the Industry or greater Market or Locale, with the intent to cause harm or give rise to the notion that the behaviour may be suspicious at best.
2.1.8. To engage in directly or indirectly activity or facilitate to cause damage or interfere with the hosting environment, code, files, design, programmes, hardware or function of the site, using either software, malware or other form.
Breach of these behaviour and conduct provisions shall result in suspension, and may without notice or warning involve termination of access to this website.
3.1. All Products are charged at prices effective at date of quotation; notwithstanding, a validity period exists. To the extent that such validity is not referenced by a defined period, then that period shall not exceed 14 days. Following, Perth Interior Fitouts reserves the right to review and revisit the offer inclusive of price basis, and/or any other terms associated with the inputs for the earlier quotation.
3.2. Prices are displayed to Australian Visitors and in Australian Dollars (AUD). Unless otherwise marked, all prices are excluding GST.
3.3. GST shall be captured at the point of sale, otherwise, upon Checkout. The amount of GST will be clearly indicated in a separate line item of the transaction.
4. Payment Terms
4.1. Unless otherwise agreed, payment for goods and/or services must be made in full prior to delivery of the goods or provision of any service. Payments which are deposited via Bank Transfer, shall follow that under no circumstances will we be able to deliver any item without a prior, express provision being established in the form of security or similar financial instrument.
4.2. The Client shall not be entitled to make any deduction in respect of the prices (within this Cl 4 Payment Terms), which had been agreed by Perth Interior Fitouts, relating to any set-off or counter-claim by the Client against Perth Interior Fitouts.
5.1. Unless otherwise agreed in writing, a delivery charge is applicable. In most situations this amount will be clearly indicated at the point of sale. If delivery is subjective in anyway, and that the delivery component (including amount), has not been determined or finalised prior to delivery being carried out, then this cost (actual), shall be added to the final balance for the sale. This shall be considered the adjusted sale sum, and in certain situations more accurately the adjusted contract sum.
5.2. The date of delivery requested shall be subject to revision, from time to time, which may, under certain circumstances and due to certain events give rise to an amendment to the previously agreed timeframe for delivery. We cannot eliminate:
5.2.1. Industrial disturbances,
5.2.2. Delays in transit
5.2.3. Damage to Product in transit,
5.2.4. Shortage of Product, and,
Any other cause beyond the reasonable control of Perth Interior Fitouts, as a direct or indirect result of our reliance on our Suppliers and/or Manufacturers and/or their undertakings.
5.3. Notwithstanding this Cl 5 Delivery, Perth Interior Fitouts shall make best endeavours to source the Product which will meet the requirements of the Client, but ultimately reverts to aforementioned Cl 5.2 as precedence, in instances whereby product and/or service for some reason may be delayed, or, in such circumstances, become unavailable.
5.4. Perth Interior Fitouts shall not be liable for any claims by the Client for any loss, damage or expense suffered or incurred by the Client including consequential loss or damage, however so arising from the date of delivery of the Product or any failure to deliver the Product.
6. Installation and Assembly
6.1. Assembly and/or Installation is as of this day, 21 October 2019, no longer able to be absorbed by Perth Interior Fitouts. In accordance with the FAQ’s section relative to the specifics of FOC (Free of Charge) assembly and/or installation, this offer was only ever intended and expressly stated in these terms, those being that the offer was not commercial in the long term, nor would it be reasonably assumed that after establishing a better understanding of our true costs of operating, would we be able to extend such offers in perpetuity. We do hope that should you have been able to make use of this via product(s) purchase, we aught hope you were satisfied with the intangible benefit intrinsic. We too, are equally grateful that you enabled us the opportunity to get out and experience in so far as personally engaging in this assembly and installation part of our service offering.
6.2. The site must be clear and free from obstructions, and unrestricted lift facilities must be available at no charge to Perth Interior Fitouts.
6.3. Prior notice must be provided if there is reason to believe that the delivery location does not have sufficient access or level of temporary parking or laydown facilities, in a reasonable distance from the delivery location. The Client is asked to kindly detail any extraordinary, specific or other instructions within the notes of the Order to provide the ‘brief’ which enable Perth Interior Fitouts to ensure we programme the best matching resources for the delivery under consideration.
7. Accuracy of Product Description
7.1. The Client acknowledges and accepts that Perth Interior Fitouts shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s), to the extent, that under this Cl 7, does not amount to negligence and/or wilful misconduct, then the Client shall not be entitled to treat the contract as repudiated nor render it invalid.
7.2. Product(s) may, over time, differ slightly from that which has been purchased previously, and vary from that perceived or apparent variation which for some reason or another could impact the Clients expectations. Where this is due to the inherent nature of the manufacturers process, discontinued raw materials, the appearance of the material differs based on the inherent characteristics of the product, or simply due to continual process and product development; Perth Interior Fitouts will make every effort to advise (in advance if aware), or prior to, receipt of the product. At all times, we will endeavour to make every effort to mitigate such situations as early as possible, not withstanding, Perth Interior Fitouts accepts no liability whatsoever for any dissatisfaction which may arise as a result of any area outlined in this Cl 7.2.
7.3. The Client acknowledges that all descriptive specifications, drawings, images, data, dimensions, weights, third party feedback or ratings stated, contained or referred to by Perth Interior Fitouts or its associated entities, Agents, representatives, or Suppliers, whether in the form of prices, or fact sheets, electronic or any form of written or verbal material, are approximate only and general in nature. The Client shall not rely on such information in terms of forming a direct or indirect position as the suitability of the product(s); its fitness for purpose, and any use as such does not constitute a sale by description, and does not form part of the contract, unless expressly stated as such in writing by Perth Interior Fitouts.
7.4. All products and services are described to the best of our abilities and utilising the information available at the time. Care is taken to ensure that this information is correct, but we cannot eliminate the possibility of:
7.4.1. Human error in entry of information
7.4.2. Incorrect Information provided to us by suppliers, distributors or any other direct or indirect affiliated procurement or supply chain related aspects to the provision and/or delivery of the Product(s), assumed performance may be deemed or relied upon by the Client
7.4.3. Failure of suppliers or distributors to supply updated information to us
We reserve the right to change any information including but not limited to pricing, specifications, descriptions, or product names without notice.
8. Security (Electronic)
Our hosting platform is supported by a Perth based team of professionals who have implemented high level practice and technologies which not only meet, but exceed the standard required to operate within the online environment. Whilst in line with our local sourcing policy in terms of labour and product procurement, this relationship also meets our emphasis on quality.
Commercially, we engage a number of tools in order to protect the privacy of information, and integrity of our process, systems and procedures. SSL encryption and third-party payment gateways include but two ways we work towards best practice in this area of security between all levels of Perth Interior Fitouts.
Notwithstanding, the Client acknowledges that the security of information and communications sent via electronic means cannot be guaranteed. You provide information to us via the internet at your own risk. We cannot accept responsibility for misuses or loss of, or unauthorised access to, your personal information where the security of information is of the form which is not wholly within our control.
9. Risk and Title
9.1. Risk passes to the Client on delivery, and title upon payment (whereby in this context the meaning of payment shall be on actual receipt of those funds by Perth Interior Fitouts).
9.2. Further; delivery and risk shall be at that point, the earliest of which it can be reasonably assumed and expected that ‘the Client’ has taken receipt of the Product either upon delivery from the transport courier (or similar), or in the event of carrier, at the point at which the Client’s nominated freight company, takes receipt (which shall imply acceptance), of those Products.
10.1. All Perth Interior Fitouts products are subject to the Manufacturer’s warranty. All products have a specific period for which they are covered under warranty, which extends from the date of manufacture, to be free from defects in materials and workmanship.
10.2. The warranty maintains that the items are maintained according to the relevant care instructions and that they’re use is for the intended purpose (only).
10.3. All product warranty applies only to the original purchaser, whereby proof of purchase is required, and does not cover the following:
10.3.1. General wear and tear associated with everyday use
10.3.2. Damage, abuse, misuse or abnormal use
10.3.3. Products which have been modified
10.3.4. Excessive loads above the specified weight
10.3.5. Transportation Charges and Damages
10.4. The manufacturer reserves the right to inspect the goods and shall be in contact with the Client following notice of the Claim.
10.5. All Claims shall be in writing and cover off (as a minimum the following items:
10.5.1. Original Purchase Order or other document which pertains to the product in question, including:
10.5.1.i. Type of chair
10.5.1.ii. Date of Purchase
10.5.1.iii. Nature of the Problem – including images where possible
10.5.1.iv. Contact name and number of the location of the chair
10.6. Within two to three days of notification or receipt of the Claim from the Client, either Perth Interior Fitouts or the Manufacturer will be in contact.
10.7. The Manufacturer reserves the right to repair or replace at its own discretion. Warranty shall include parts and labour.
10.8. It shall be noted that the Client will be notified by the manufacturer that where the Claim is not under Warranty or found to be a Warranty Claim, a fee maybe charged. In these situations the Manufacturer will detail these charges and make contact with you regarding any repair and delivery charges.
11. Damage, Loss or Shortage
11.1. From time to time, goods may be damaged in transit or not delivered in full. Whereby this is the case, Perth Interior /Fitouts shall be notified verbally and in writing within 24 hours from the date of delivery, the nature of the problem.
11.2. Detail included in this Cl 11, shall follow that set out under Cl 10.5, as follows:
11.2.1. Original Purchase Order or other document which pertains to the product in question, including:
11.2.1.i. Type of product
11.2.1.ii. Date of Purchase
11.2.1.iii. Nature of the Problem – including images where possible
11.2.1.iv. Contact name and number of the location of the item(s); the subject of the required follow up.
11.3. All delivery costs charged on the original invoice with respect to delivery of the Product returned, and any returned freight charges incurred are to be at the Client’s cost.
11.4. Product requested to be delivered to an unattended site (as per notes for delivery) are delivered at the Client’s own risk.
12. Cancellation and Returns
12.1. In the event an Order is cancelled by a Client, any costs incurred by Perth Interior Fitouts in sourcing the product to date of cancellation will be passed onto the Client. Where production of the Product has commenced at the time of receipt of the cancellation notice, the Client shall be liable for the payment of the cost of production or expense up to the date of cancellation, plus payment for any additional cost incurred by Perth Interior Fitouts, as a result of such cancellation.
12.2. In the case where the Client has taken delivery of the product(s), and whereby there is no fault to the product, then Perth Interior Fitouts cannot accept the product returned for simple change of mind.
13. Limitation of Liability
13.1. When making purchase through Perth Interior Fitouts, you agree to indemnify us against any loss suffered due to delay in the supply of products and/or services. In matters arsing from product delays/shipping delays, you agree to indemnify and hold harmless Perth Interior Fitouts for any damage or loss caused by Perth Interior Fitouts, our Suppliers, Manufacturers, third party Contractors or other affiliated entities.
13.2. Perth Interior Fitouts primary and sole obligation under this agreement is to use its best endeavours to provide the product(s), and either repair or replace (at Perth Interior Fitouts and the Manufacturers discretion), any part of a product which shall be found defective during the warranty period.
13.3. Under no circumstances whatsoever, shall Perth Interior Fitouts be liable for any other claims or damages including, but not limited to, claims for design, suitability of product, fitness for purpose, negligent or misleading advice, damages arising from loss or use of the products, and any indirect, special or consequential damages or injury to any person, corporation or other entity.
13.4. If any product(s) supplied pursuant to this Agreement is supplied to the Client as a “Consumer”’ of goods or services, as defined under the Australian Consumer Law (as amended), or relevant State Legislation, then this “Consumer” will have the benefit of certain non-excludable rights and remedies in respect of the products or services and nothing in these terms and conditions excludes or restricts or modifies any condition, warranty, right or remedy which pursuant to the Australian Consumer Law or similar legislation is so conferred. However, if the product is a product not ordinarily acquired for personal, domestic or household use or consumption, pursuant to the relevant sections of the Australian Consumer Law and like provisions found in State Legislation, Perth Interior Fitouts limits its liability to payment of an amount equal to the lowermost of:
13.4.1. The cost of replacing the goods, or supplying replacement parts, or supplying equivalent goods
13.4.2. The cost of repair of those goods
13.4.3. The cost of having the goods repaired or replaced or providing replacement parts.
13.5. Perth Interior Fitouts is not liable for default or failure in performance of its obligations under the Agreement as a direct or indirect result due to acts of God, Civil or military conflict in the region where the items are procured (or has an impact on), Acts of War, Fires, Explosions, Floods, Earthquakes. Accidents, Labour Strikes or Disputes, inability to source components, materials and/or parts, or the delivery, shipping and or manufacture involved of these parts, or any other cause which shall be deemed beyond the reasonable control of Perth Interior Fitouts.