Office Furniture Network (OFN)
is prepared to supply the Customer with office furniture and other goods on the basis only of its terms and conditions as set out below.
2.1 “Goods” means goods supplied by us to you from time to time including, but not limited to, goods described in any invoice we issue to you.
2.2 “Loss” includes any loss, damage, liability, cost or expense (including any legal cost and expense on an indemnity basis) however it arises and whether it is present or future, fixed or unascertained, actual or contingent and including any indirect, economic, special or consequential loss or damage (such as loss of revenue, loss of production, loss of profit, loss of opportunity or losses of a similar kind beyond the normal measure of damages).
2.3 “we”, “us”, “our” or “the Company” means Compel Office Furniture (ANZ) Pty Ltd (ABN 96 125 687 059) trading as Office Furniture Network
2.4 “you” means the Customer stated in the Application and any other person(s) acting on your behalf.
3.1 You will purchase and we will supply goods to you on the following terms and conditions of sale. However, we are not obliged to supply goods to you when requested to do so.
3.2 All additions and amendments to these terms and conditions must be in writing signed by us.
4. QUOTATIONS AND ORDERS
4.1 Any quotation given by us to you does not constitute an offer to sell Goods to you. Quotations are valid for 30 days only.
4.2 By ordering Goods, you are making a binding irrevocable offer to purchase those Goods. We will notify you of our acceptance of your order by phone, fax, email or in writing. Alternatively, our manufacture of Goods or delivery of Goods pursuant to your order shall be deemed acceptance of your offer to purchase.
4.3 We reserve the right to modify the design of Goods, and cease to manufacture or supply Goods without notice.
5. PRICES, GST, FREIGHT AND INSURANCE
5.1 All prices are GST inclusive.
5.2 The standard prices for all the goods that we sell are as stated on the current prices listed on our website which will be revised from time to time, we reserve the right to change the prices from time to time.
5.3 You are responsible for all freight costs. If you nominate a carrier, this must be advised to us by Email or in writing.
5.4 All goods are supplied in carton boxes, if you need to assemble at the factory, this must be advised to us by Email or in writing, the cost to assemble of goods are set out in our website.
6.1 The full amount is to be prepaid before the order is processed.
6.2 Mastercard and Visa credit cards are accepted, other payment options include Paypal, direct deposit and cheques.
7.1 We reserve the right to deliver Goods by instalments. Any delivery times notified to you are estimates only. If you request us to postpone delivery of the Goods beyond the delivery date or dates specified in your order, we may agree to do so if you agree to pay an additional fee for such postponement.
7.2 If we do not receive delivery instructions sufficient to enable us to dispatch the Goods within fourteen (14) days of you being notified that the Goods are ready for delivery, you shall from the fifteenth day after notification: (a) be deemed to have taken delivery of the Goods; (b) be liable for storage charges, payable monthly on demand; (c) assume risk in the Goods.
8.1 No allowance has been made for any electrical/data cabling or connection unless noted otherwise.
8.2 Due to licensing restrictions we are not permitted to attach any items to walls, floors or ceilings.
8.3 No allowance has been made for any work to be completed outside of normal business hours, unless noted otherwise
9. CLAIMS AND LIABILITIES
9.1 Any claim by you as to breach of these terms and conditions must be made to us in writing within 48 hours of delivery, for which time is of the essence.
9.2 If you do not notify us of any claim within 48 hours of delivery, the Goods are deemed accepted by you in compliance with these Terms and Conditions of Sale.
9.3 We will not be responsible for non-delivery or delay in delivery of any Goods due to any cause beyond our reasonable control, notwithstanding that the cause may be operative at the time of entering the contract of sale. Where such nondelivery or delay occurs, we may deliver the Goods not delivered or delayed at any subsequent time and you must accept and pay for them.
9.4 Where we give a date of intended delivery, this will be subject to the Goods ordered being available and our being able to make the delivery on that date.
9.5 By signing our delivery note, you acknowledge receipt of all goods listed thereon in full and undamaged.
10. RETURNED GOODS
Where Goods are returned to us, credit will only be issued under the following conditions:
10.1 RETURN AUTHORISATION:
(a) A Goods Return Credit (“GRC”) authority number must be obtained from our office prior to the return of any Goods. We may refuse to give a GRC authority or accept the return of any Goods;
(b) You must provide the invoice number and date of purchase before a GRC will be issued;
(c) The GRC authority number must be clearly marked on the packaging of Goods returned to us. Failure to comply with this requirement could result in our refusing to accept delivery of the returned Goods.
10.2 CREDIT: All claims for credit must be supported by:
(a) carriers consignment note or similar receipt of delivery;
(b) our relevant invoice number; and
(c) the GRC number issued by us.
10.3 UNACCEPTABLE RETURNS: Without in any way limiting our discretion to refuse to accept the return of any Goods, the following Goods will not be returnable: (a) any Goods that have been held by you or your agent for more than 48 hours; or (b) any Goods which are not in original condition.
10.4 FAULTY GOODS: We will only recognise claims for faulty Goods that are lodged within 48 hours of you receiving the Goods.
10.5 CARRIER: Goods must be returned by the carrier specified by us.
10.6 RESTOCKING FEE: You agree to pay us a restocking fee at the rate advised by us from time to time.
11. OWNERSHIP & RISK
Subject to clause 7.2, the risk of loss or damage to the Goods passes to you on the date and at the time that the Goods are delivered to your premises or at the date and time the Goods are collected from the Company’s warehouse.
14.1 Notwithstanding any other provision in these Terms and Conditions we warrant that any Goods sold by us will be free from defects under normal use for a period of at least twelve (12) months after delivery.
14.2 For the purpose of making any claim, you must immediately upon becoming aware of circumstances giving rise to a claim under this clause, notify us in writing setting out full particulars of the claim.
13. ACTS OF DEFAULT
15.1 Breach this Agreement and fail to rectify such breach within 48 hours’ notice; or
15.2 cancel delivery of the Goods; or
15.3commit an act of bankruptcy, we reserve the right to: (a) resell the Goods concerned; and (b) terminate the agreement.
14. GOVERNING LAW
This Agreement is governed by the laws of Victoria. You and the Company irrevocably submit to the exclusive jurisdiction of the Victorian courts and federal courts sitting in Victoria.
15. WHOLE AGREEMENT
These Terms and Conditions of this Agreement embody the whole agreement between the parties and, subject to the express terms contained in any written order or written acceptance thereof, all previous dealings, representations and arrangements are hereby excluded and cancelled.
16. CESSATION OF SUPPLY
Our agreement to continue to deliver or sell goods to you is always conditional upon our being satisfied of your ability to pay and comply with these terms and conditions. If we cease to be satisfied we may suspend and/or terminate deliveries and shall not be liable in any way for any claim, damage, expense or cost suffered by you.
Should any part of these terms and conditions be held to be void or unlawful, these terms and conditions will be read and enforced as if the void or unlawful provisions have been deleted.
SCHEDULE OF FEES AND CHARGES RESTOCKING FEE
A Return To Store (“RTS”) fee calculated at ten percent (10%) of the invoiced value of the Goods returned with a minimum amount to be determined by us from time to time (exclusive of GST), where Goods are returned as a result of order errors made by the customer. Over ordered Goods may not be accepted after 48 hours from the date of delivery.