Terms and conditions
In these conditions:
“Agreement” means any written contract entered into for the provision of goods and/or services by the Seller to the Buyer;
“Terms” means these Terms and Conditions of Sale;
“Buyer” means a person, company, firm or corporation, jointly and severally if there is more than one acquiring goods or services from the Seller;
“Seller” means CafeClub or Infinity Brands (ACN 141486419);
“Goods” means goods supplied by the Seller to the Buyer;
“Services” mean services supplied by the Seller to the Buyer;
“Intellectual Property” mean all copyright, trade marks, designs, confidential information, owned or licensed by the Seller in respect of the goods and services;
This quotation or any subsequent revised quotation, when accepted, shall constitute that final agreement between the parties and contain all the relevant terms and conditions of this agreement. This offer in this quotation is valid for a period of 30 days from the date noted on the quotation
Unless otherwise agreed in writing, payment for the goods and/or services is 100% to commence processing order and dispatch unless otherwise agreed in writing by the Seller. Payment terms may be revoked or amended at the sole discretion of the Seller immediately upon giving written notice to the Buyer. Late Payment: Payment is of the essence to our contractual arrangements and we expect payment within the terms agreed.
See below statement.
Unless otherwise stated, all prices quoted exclude GST.
Cafeclub will not be liable for any claim arising from failure to deliver or for delay in delivery occasioned by unavailability of materials, strikes, accidents or any cause or event beyond the reasonable control of the company.
The Buyer must advise the Seller in writing within 48 hours of receipt:
(a) of the non arrival of any or all of the goods;
(b) if there is damage to the goods;
(c) that the wrong goods have been received;
(d) that the quantity of the goods in incorrect
(e) or the goods do not meet specifications
Selected furniture items are delivered unassembled.
The product remains the property of the seller until payment for goods has been received in full. If the Buyer fails to make payment (or part thereof ), The Seller shall be entitled to retake possession of the goods until payment is made or at its option resell the goods but without prejudice, to its other rights and remedies.
Should this purchase of products be made on behalf of a Buyer, it is understood that the Buyer has read and accepted the terms and conditions of our quotation.
The Seller agrees to treat in confidence any unpatented inventions, ideas, know-how, concepts, trade secrets, processes, techniques, software, products and all other intellectual property, financial and business products and all other intellectual property, financial and business information and all other commercially valuable information confidential to it and all copies, notes and records and all related information generated by the Cafeclub based on or arising out of any such disclosure of any kind but does not include information which:
(a) at the time of disclosure is already in the public domain;
(b) becomes available to the public by any means other than breach of this agreement by the receiving party;
(c) is received by a party from an independent third party who is lawfully in possession and has the power
and authority to disclose the information; or
(d) is required to be disclosed by law;
Where delivery is quoted ex warehouse, then the insurance is the responsibility of the Buyer. In other cases, responsibility for insurance shall be agreed in writing between the Buyer and seller. Risk in the goods shall pass to the Buyer upon delivery.
If this contract is terminated by the Buyer for any reason other than the non-performance of the Seller (based on performance standards set out in the final agreement), then Cafeclub reserves the right to seek compensation for all stock committed to specifically for the purpose of fulfilling our obligations under the agreement.
Such compensation would be equal to the cost incurred by the Seller for the purchase of the stock in question
THE WARRANTY STATEMENT
Cafeclub provides a 1 (one) year commercial warranty. The warranty covers defects in the materials and workmanship used in the manufacture of the products. The Warranty is that Cafeclub will, repair or replace furniture that failed structurally during normal use and with proper care and maintenance