“Business Day” means a day that is not a Saturday, Sunday or public holiday in New South Wales.
“Costs” includes without limitation, direct or indirect loss, loss of profits consequential, incidental, special, exemplary or punitive loss or damage howsoever caused (including through the negligence of the Purchaser or others).
“Electrical Goods” means any appliance, device, wire, fitting, cable, conduit or apparatus that is designed to generate, use, convey or control electricity, including but not limited to whitegoods.
“Goods” means anything sold to the Purchaser directly 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. A reference to ‘Goods’ includes a reference to Services, unless the context requires otherwise.
“Indirect Loss” means any one or more of the following:
economic loss, loss of actual or anticipated profits, loss of revenue, loss of savings, loss of production, loss of business, loss of opportunity, loss of access to markets, loss of goodwill, loss of reputation, loss of credit, loss of publicity, loss of data, loss of use, loss of interest or loss arising from business interruption; and
any special, indirect, consequential, incidental, punitive, exemplary or unforeseeable loss or any similar loss.
“Mood Board” means any type of visual presentation or ‘collage’ consisting of images, text, and samples of objects in a composition prepared by the Vendor for the Purchaser. Concept Design and Mood Board are the same and can be used interchageably.
“Purchaser” means the individual, company or other party specified in the Purchase Agreement and/or Invoice.
“Parties” means the Vendor and the Purchaser.
“Price” means the total amount specified in each invoice provided by FurnishX. It is understood there may be variations to a number of Quotes based on the decisions of the Parties. “Price” therefore is the amount specified in each invoice provided by FurnishX.
“Property” includes any property at or in which the Vendor believes the Goods are located.
“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.
“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).
“Services” means design, installation, selection and facilitation of purchase of Goods, and other agreed services provided by the Vendor as specified in the Quote or agreed with the Purchaser.
“Total Agreed Price” means the agreed final total Quote (which is to be invoiced). Specifically, the Total Agreed Price will be the sum of each invoice instalment and the final balance invoice for the FurnishX package. As payments are made in instalments each invoice provided by FurnishX forms part of the Total Agreed Price.
“Vendor” means Grant Interiors Group Pty Limited (trading as “FurnishX) ABN 11 097 774 097.
Initial Payments
On acceptance of these Terms, the Purchaser is to pay to the Vendor an initial payment which is 10% of the Price which enables the creation of the Design Concept/Mood Board and the selection of pieces for the furniture package by our interior designer. Please note, this payment is non-refundable and covers that part of the Services described in this provision as well as two free revisions to the original Design Concept/Mood Board.
Should the Purchaser require alternative or additional design concepts and/or further consultation over and above that provided in the above provision the Vendor reserves the right to charge the Purchaser $300.00 inclusive of GST for each such additional revision of the Mood Board design. Payment for such additional design concept is required prior to the date of final delivery of Goods by the Vendor to the Purchaser.
The Vendor is not a retailer, manufacturer nor installer of Electrical Goods but can assist the Purchaser as part of the Services to select the Electrical Goods it intends to purchase and will assist the Purchaser with an introduction to preferred suppliers of Electrical Goods selected by the Purchaser for that purpose. The Purchaser will be purchasing such Electrical Goods and seeking its installation directly with such third-party supplier unless otherwise agreed.
Payment:
Once the Concept Design/Mood Board is agreed the Purchaser must pay the Vendor the final balance or remaining amount owing of the Price within 5 Business Days and by no less than 14 Business Days prior to the proposed installation date unless otherwise agreed.
Payment terms are within 14 days from date of invoice. The Vendor is unable to hold or reserve Goods and/or Furniture Items for more than 14 days. This means the Concept Design/Mood Boards may become invalidated after 14 days from the date of invoice if payment has not been received in that time.
Full payment is required prior to any installation. 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.
In the event of the Vendor instructing its solicitors to collect an overdue amount, the Purchaser shall indemnify and keep the vendor indemnified for all legal fees and collection charges and tracing agent fees on a full indemnity basis and all payments made shall firstly be allocated towards such fees and charges and thereafter to interest and finally to the debt due.
Limitation of Liability
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.
To the extent that any legislation or other law implies any guarantee, condition or warranty which cannot be excluded:
Such liability shall exclude any indirect, special or consequential damages; and
The Vendor’s liability for breach of such guarantee, condition or warranty shall be limited at the vendor’s option to:
If the breach relates to Goods, the replacement of the Goods or the supply of equivalent Goods; or
If the breach relates to services, the supplying of the services again or the Costs of having the services supplied again.
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.
Retention of Title and Delivery of and Risk in Goods
All risk in the Goods passes to the Purchaser upon delivery of the Goods or if the Purchaser has arranged to collect the Goods, then upon collection of such Goods.
Title and Ownership of the Goods will not pass to the Purchaser and will remain with the Vendor until such time as payment for and in respect of the Goods and of the Price has been made in full.
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, without liability for trespass.
Access to Premises
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, the Purchaser shall reimburse the Vendor for any Costs that are reasonably incurred by the Purchaser in that regard and in respect of the re-delivery of the Goods.
Delivery of Goods
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 the Vendor has received full payment for the goods.
The Purchaser is responsible for arranging access to the Property during normal business hours on a Business Day 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.
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 when Goods are delivered.
The Vendor reserves the right to nominate the time and day for the delivery of the Goods.
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.
Assistance
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.
Safety
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.
Termination of Agreement
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.
Indemnity
The Purchaser shall indemnify the Vendor for any Costs that arise directly or indirectly from any breach by the Purchaser of these terms and conditions or any other agreement between the Vendor and the Purchaser and the Price and/or Total Agreed Price.
Confidentiality
The Purchaser will keep confidential at all times all information supplied by the Vendor to the Purchaser.
Whole Agreement
These terms and conditions and the contract documents contain the whole of the agreement between the Purchaser and the Vendor.
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.
Notice
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.
Governing Law
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.
Concept Design & Purchase Service
When Goods are provided by the Vendor to the Purchaser in accordance with the Concept Design , 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.
Holding/Storage of Furniture/Accessories
The Owner will hold selected furniture and/or accessories for a period of one (1) week after the agreed delivery date. After this period the reasonable costs of storage may apply at the Vendor’s discretion on a weekly basis.
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.
Ex-Display Furniture Sales
The Purchaser acknowledges that the Goods may have been previously used, so there is a reasonable likelihood that the Goods will have some imperfections. The Goods are sold in their present condition and state of repair.
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, the Purchaser shall make no claim in relation to the condition 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.
FurnishX Guarantee
From time to time the Vendor may offer promotions such as the “FurnishX Guarantee”. Under the terms of this promotion, if the Purchaser feels the Goods and design transformation falls short of their expectations the Vendor may remove the Goods and provide a full refund. The terms of the “FurnishX Guarantee” or related promotion only apply at the time (i.e. on the day) of delivery and installation.
