STEEL ‘N PINE DESIGNS PTY LTD (A.C.N. 057 533 696) T/A STEEL DESIGNS FURNITURE (“STEEL DESIGNS”) TERMS OF SUPPLY AND WARRANTY
The following are the terms and conditions under which Steel Designs will supply the goods ordered/purchased.
1. Ordering and Purchase
1.1 The Customer acknowledges that they have ordered or purchased (as the case may be) the Products.
1.2 Steel Designs offers no warranty that the Products are suitable for the purpose to be used by the Customer.
1.3 The Delivery Date overleaf is approximate and whilst Steel Designs will make every effort to deliver on time, reasonable late delivery shall not be grounds for any dispute.
2. Payment
The Customer undertakes to pay the purchase price for the Products as advertised by cash, or by a credit card acceptable to Steel Designs, or by Pay-Pal, or by direct bank deposit within seven days of placing the order. Unless otherwise agreed, the purchase price does not include delivery or any other services.
3. Cancellation
The Customer cannot cancel for any reason whatsoever, an order made for the Product and is liable for the full cost as advertised.
4. Product Returns
4.1 Subject to clauses 4.2, Steel Designs is under no obligation to accept any returns of Product from the Customer.
4.2 If Products are defective or damaged, the Customer shall return them, at their expense, within 3 days of purchase.
4.3 Steel Designs reserves the right to replace or repair such defective goods or to reimburse the Customer the original purchase price
5. Risk and Title
Risk in the Product passes to the Customer when the Product is delivered or dispatched to the Customer and title to the Product passes to the Customer on full payment by the Customer of all charges.
6. Warranty
6.1 Manufacturers warranty - Steel Designs does not warrant any product sold by it, in any way whatsoever. The customer acknowledges that the customer relies solely upon the warranty extended to Steel Designs, by the supplier of such goods.
6.2 Conditions/Exclusions/Limitations.
6.2.1 The warranties herein contained extend to the original purchaser (whose details are recorded by Steel Designs) only. They do not cover any person to whom an item is transferred. Exercise of any of the above Warranties is subject to delivery of the item to Steel Designs and to proof of purchase and the date of purchase (as to which Steel Designs’ records shall be conclusive in the case of disagreement).
6.2.2 This Warranty does not cover the cosmetic appearance of any surface of any item or of its components which may be changed after an item leaves Steel Designs’ premises. It does not extend to rust on galvanized surfaces.
6.2.3 This Warranty shall not extend to any item which is found to have been used for any purpose other than that for which it was manufactured, which is altered or modified in any way, or which has suffered prior damage, unreasonable use or failure to provide reasonable and necessary maintenance.
6.2.4 There shall be no implied or actual Warranty with respect to the manufacture of, or merchantability, or fitness for a particular purpose of any item sold by Steel Designs and Steel Designs shall not be liable for any transportation charges, or for any direct, special, incidental, consequential (including loss of profit) or other loss or damage, whether based in contract, or tort, or arising from breach of any Warranty or otherwise PROVIDED THAT Steel Designs acknowledges that this Warranty does not exclude or limit the application of any provision of any Statute (including the Trade Practices Act) where to do so would contravene that Statute or cause any part of this Agreement to be void (“Non-excludable Condition).
6.2.5 Steel Designs’ total liability hereunder for a breach of any Non-excludable Condition (other than one implied by Section 69 of the Trade Practices Act) is limited at its option to any one of supplying, repairing or replacing an item of furniture.
7. Indemnity
7.1 The Customer indemnifies Steel Designs , it’s employees, agents and subcontractors against all losses, damages, expenses and costs (on a full indemnity basis and whether incurred by or awarded against any of them) that any of them may sustain as a result, whether directly or indirectly of any claim.
7.2 For the purpose of these Terms of Supply, “Claim” means any claim by any third person for loss or damage to any property, injury to or death of any person or economic loss arising out of or relating to any or all of the Products, any delay or failure in supplying the Products and these Terms of Supply.
8. General
These Terms of Supply contain the entire agreement between Steel Designs and the Customer in relation to it’s subject matter and supercede all prior negotiations, agreements, understandings and commitments between Steel Designs and the Customer in relation to that subject matter.
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