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Terms and Conditions |
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GENERAL All orders for products will be accepted by Form Designs Pty Ltd ABN 14 108 110 069 (“Form Designs”) subject to these terms and conditions. Any person, entity or corporation placing orders for goods/products with Form Designs (“Customer”) is bound by these terms and conditions. No other terms or conditions will apply to the supply of products by Form Designs unless they are accepted in writing by Form Designs. Form Designs is a business-to-business supplier. The website is intended for use by business customers and not for consumers or private individuals. PRICES The prices in our website are current at the time of printing of the website. Whilst Form Designs will try to maintain prices specified in the website, Form Designs reserves the right to change the price of any product without notice. Non-website items will be sold at the prices set out in the relevant quotations supplied by Form Designs. Any prices quoted in writing by Form Designs will be valid for a period of 14 days from the date of the offer. All prices specified by Form Designs in the website and website exclude goods and services tax (GST) and the customer must pay any applicable GST in addition to the prices specified. Any Recommended Retail Prices are already inclusive of GST. It should be noted that goods exported by Form Designs are exempt from GST. PAYMENT For approved account Customers payment is due no later than 30 days from the end of the month in which the products were invoiced, without any deductions whatsoever. Otherwise payment by cash, credit card, subject to authorisation, or direct deposit is required with order prior to delivery. Any subsequent refund of orders paid for by credit card will be made to the relevant credit card account. Cheques and postal orders must be made out to Form Designs Distribution and crossed. If the Customer fails to make payment by the due date then, without prejudice to any other right or remedy, Form Designs will be entitled to cancel any unfilled order or suspend any further deliveries until the account is in order, withdraw credit facilities or adjust the Customer’s credit limit and interest at the rate of 10% per annum payable daily will be charged to all outstanding invoices not paid within terms. If legal action is taken to recover monies due to Form Designs then Form Designs reserves the right to charge the Customer all fees incurred in such proceedings. PRODUCT AND AVAILABILITY With constant sourcing of product and rapid developments in the lighting industry Form Designs is constantly reviewing its product range. New products are added and Form Designs reserves the right to discontinue any product or to change its design at any time. Form Designs will not be liable in any circumstances for a failure to supply any product ordered by the Customer. ORDERS Form Designs reserves the right to decline to trade with any company or person. To avoid duplication, written confirmation of telephone orders must be clearly marked “Confirmation only”. Form Designs will not accept liability for orders not so marked and duplicate orders will be charged accordingly. Form Designs will use reasonable endeavours to meet delivery estimates but in no circumstances shall it be liable to compensate the Customer for non-delivery or late delivery. Minimum Order Value As we provide considerable discounts in this website the minimum order value is $250. Order Amendment, Suspension and Cancellation Orders can only be modified, suspended or cancelled after prior negotiation and agreement and the Customer must indemnify Form Designs in respect of any expenses incurred by Form Designs relating to the modification or cancellation of any order. A restocking fee of 20% will apply. Non-stocked / Indent Items Products marked as “Indent” or not included in our website are not stocked by Form Designs and may have minimum order quantities or minimum line values applied to orders. Such items are indent items and require an irrevocable order. Backorders - Account Customers Only Products not in stock at the time of receipt of the order by Form Designs, will automatically be placed on backorder, unless otherwise requested. Export Orders Customers are responsible at their expense for obtaining any licence and complying with any export regulations in force within this country and the country for which products are destined. Payment of overseas export orders is via Telegraphic Transfer prior to goods being despatched. DELIVERY In order to keep freight cost as low as possible, Form Designs has negotiated low freight rates based on high volume. Form Designs reserves the right to charge the freight cost to the Customer unless other arrangements have been pre-arranged. Form Designs uses these preferred carriers unless specifically requested by the Customer. If the Customer requests a specific carrier, we cannot guarantee access to the despatch dock without prior notice. All freight costs for specific carriers cannot be prepaid; they must be “Freight Collect”. For “Freight Collect”, insurance responsibility for the products passes to the Customer once product has been passed to their carrier. Where Form Designs are unable to supply a complete order from stock, this charge will only apply to the original despatch. All subsequent shipments to complete the order will be sent freight free. INSPECTION, DEFECTS AND NON-DELIVERY The Customer must inspect the products as soon as is reasonably possible after delivery and Form Designs shall not be liable for any defect in the products or shortages in delivery unless written notice is given to Form Designs within 7 days of delivery. Form Designs does not write software comprised in the products and it is the Customer’s responsibility to check for the presence of computer viruses before the products are used. In the case of non-delivery, the Customer must notify Form Designs immediately the invoice is received, otherwise no liability can be accepted. RETURNS The Customer must telephone the sales office prior to returning any products. A Return Authorisation form will be issued in approved cases and details including the original invoice number and date of purchase must be supplied by the Customer. Any product returned must be received by Form Designs within 14 days of the original delivery and must be undamaged and unaltered and in original packaging. Certain products (including software, books, and batteries) are excluded from the right of return and may not be returned under any circumstances. Products classified as static sensitive devices will only be accepted for return in exceptional circumstances and only where the Customer can prove to Form Designs that the products have been handled correctly. The Customer accepts liability for all freight costs incurred in the return of products including warranty repair or replacement of faulty goods without exception and a restocking fee of 20% applies. RETENTION OF TITLE Title of goods shall only pass to the buyer following full payment of the relevant Form Designs invoice. Form Designs reserves the right to reclaim these goods from the Customer’s premises if the invoice is not paid within the terms of this contract and the Customer hereby gives consent for the authorised agent or representative of Form Designs to enter the Customer’s premises for this purpose. The Customer shall not have any power to mortgage, charge or encumber the goods whilst in its possession or otherwise until payment in full has been made. WARRANTY Form Designs will endeavour to transfer to the Customer the benefits of any warranty or guarantee given to it by the manufacturer of the products. Any defects which under proper use, appear in the goods within a period of three months (unless otherwise stated by Form Designs) and which are due to faulty materials, workmanship or design will be made good by Form Designs either by repair or at Form Designs’ discretion replacement (which is Form Designs’ sole obligation and the Customer’s sole remedy under this provision). Form Designs shall not be liable for defective goods if the defect arises because the Customer has: i. Repaired or altered the goods without written consent of Form Designs’ authorised officers or ii. Subjected the goods to conditions outside the manufacturer’s stated instructions on storage, usage, installation, use or maintenance. Any goods replaced or repaired under this clause will be guaranteed on these terms for any unexpired portion of the warranty period given on the original products. LIABILITY Form Designs shall not be liable to the Customer for any indirect or consequential damages, loss, expense or claims for consequential compensation whatsoever which arises out of or in connection with any Contract. To the fullest extent permitted by law, the Customer releases Form Designs and associated entities from and against all liability whatsoever for any injury, loss or damage sustained by the buyer howsoever arising. INTELLECTUAL PROPERTY RIGHTS Any claim from the sale which may allege infringement of trade marks, trade names, patents, copy or property rights of other parties, shall be directed immediately by the buyer to Form Designs and the buyer will give every assistance to Form Designs in connection with such claim. The buyer will not itself, deal with, or compromise any claim which may occur. PRIVACY Form Designs endeavours to protect your privacy by: •Only collecting information from those with whom we deal which is necessary for our business to adequately service our customers. •Except where the law says otherwise, the only external organisations having access to this information are approved mailing houses which mail our marketing material to our customers or credit card/credit reference companies for finance approval. •We do not use any personal information we have collected for any other purposes without seeking the individual’s permission. •We will take reasonable steps to ensure personal information is accurate and complete by contacting our customers and updating our records on a yearly basis. •We will hold the information indefinitely so future marketing material can be sent to the individual. If you do not wish to receive this material in the future, please email the info@formdesign.com.au to have your details removed. •Personal information will not be disclosed to any organisation or individual who has not given a commitment to deal with such information in a way, which is consistent with the National Privacy Principles. •All information is securely held by the organisation to prevent tampering, interference by outside sources or unauthorised use by employees or agents of the organisation. •Individuals can access the information that our organisation holds on them in accordance with the National Privacy Principles. •If an individual believes the information we hold on them is not accurate they have the right to apply to the organisation to have that information corrected. •A Privacy Officer has been appointed to assist all individuals with requests for access to information or concerns about the handling of their information. That person may be contacted via email info@formdesign.com.au or you may forward such requests in writing to Form Designs Distribution Pty Ltd., PO Box 326, Marrickville NSW 2204. DISCLAIMER Specification and particulars in relation to products referred to in Form Designs’ website or website are subject to change without prior notice. Some photographs contain samples units and shipment product may vary in colour and look. Form Designs will not be held liable for any errors or omissions. FORCE MAJEURE Form Designs will not be in breach of its contact with the customer for any delays in performing, or failure to perform, its obligations under these terms and conditions if delays or failure were due to any cause or circumstance beyond Form Designs’ reasonable control (which shall include, but not be limited to, government actions, war, fire, explosion, flood, acts of terrorism, import or export regulations or embargoes, labour disputes or the inability to obtain or a delay in obtaining supplies of products). Form Designs may, as its option delay the performance of, or cancel the whole or any part of a Contract. RELATIONSHIP During the term hereof, the relationship between Form Designs and the buyer is that of vendor and purchaser. The buyer, its agents, employees, and dealers, under no circumstances will be deemed to be agents or representatives of Form Designs, nor will any of them have the right to enter into any contracts or commitments in the name of Form Designs or otherwise to bind or commit Form Designs. JURISDICTION This agreement shall be governed by the law of New South Wales. The parties to submit all disputes to the exclusive jurisdiction of the courts of New South Wales, Australia.
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