Terms & Conditions

All orders for the sale of goods are accepted and goods and services as listed on any invoice are provided by AMS Furniture (‘the seller’) subject to the following terms and conditions only.

1. Delivery

a) Unless otherwise agreed all goods are sold ex-factory and the seller shall arrange for the delivery of goods on board the means of transport nominated by the customer.

b) Risk in the goods shall pass to the buyer on loading onto the nominated means of transport or on delivery where freight is included by the seller.

c) Where goods are to be delivered by installments, each installment shall be deemed to be sold under a separate contract. If the seller fails to deliver an installment within the agreed time or at all the buyer shall not be entitled to repudiate the contract with regard to any other installments remaining to be delivered. Contracts for goods backordered are firm and shall not be rescinded unless agreed in writing by the seller.

d) Any date or time quote for delivery is an estimate only and the seller shall endeavour to effect delivery at the time or times required by the buyer but failure to do so shall not confer any right of cancellation or refusal of delivery on the buyer or render the seller liable for any loss or damages directly or indirectly sustained by the buyer as a result thereof.

e) The buyer shall examine the goods immediately after delivery and the seller shall not be liable for any mis-delivery, shortage, defect or damage unless the seller receives details in writing within ten (10) days of the date of the delivery of the goods.

f) If the buyer is unable or unwilling to accept physical delivery of the goods when the goods are ready for delivery or if the buyer requests a delay in delivery, then the seller shall be entitled to :-

i) Send an invoice to the buyer on the date that the goods are ready for delivery. The seller can at its discretion invoice either the whole or part of the order. Payment of the Invoice shall fall due on or before the last day of the month following the date of sending of the Invoice by the seller to the buyer.

ii) charge a fee for any delay experienced or for the storage of the goods at the rate shown in the then current price list.

iii) arrange for the storage of the goods at the risk and cost of the buyer including all transportation, storage and other consequential costs

2. Prices

a) Prices are subject to variation without notice and goods and services will be invoiced at prices current at the time of their provision unless otherwise agreed in writing.

b) Sales tax and any other taxes or duty on or in respect of goods sold by the seller imposed by any State or Federal Government Law shall be payable by the Buyer but if those taxes or duties by law are or become payable by the seller the prices in respect of the goods shall be increased by the amount necessary to ensure the net amount actually received by the seller is as if those taxes or duties were not payable.

3. Cancellation

a) If the buyer cancels or alters any order or part order for special goods or standard goods with special materials at any time after the seller has received the order then the seller reserves the right to charge the buyer the costs of any special goods or materials already acquired for the order together with the costs of any labour and time expended to the date of such cancellation or alterations.

4. Return of Goods for Credit

Goods returned for credit will only be accepted subject to the seller’s prior agreement with all freight charges prepaid by the buyer. Goods made to order cannot be returned for credit. Returned goods if accepted by the seller are subject to a restocking fee of twenty per cent (20%) of the invoice price.

5. Payment

a) Unless otherwise agreed payment for goods and services shall be made on their provision to the buyer

b) In the event of the seller granting a credit facility to the buyer upon application being made by the buyer on the seller’s standard Credit Application Form the following terms of payment shall apply:

i) “Unless there has been a request by the customer for a delay in despatch of goods, an Invoice will be sent to the buyer upon the supply of the goods or services.” Payment of the amount outstanding as shown on the invoice shall fall due on or before the last day of the month following the month in which the goods were loaded for delivery on the customers nominated means of transport, or on delivery where freight was included by the seller, or the services were provided irrespective of the date on which any invoice or statement for or in respect of such goods or services were received.

ii) In the event of default being made by the buyer in the payment of any moneys due to the seller in accordance with paragraph (i) above or the buyer commits any act of bankruptcy or being a corporation passes a resolution for its winding up (except for the purpose of reconstruction) or a summons is presented for its winding up or a receiver of property of the buyer or an administrator of the buyer is appointed then the amount of amounts outstanding to the seller notwithstanding the date of delivery of such goods or the date of provision of such services becomes payable.

iii) If any money remains unpaid after falling due for payment as hereinbefore provided then interest at the rate of fifteen per cent (15%) per annum calculated on a daily basis shall accrue and be payable by the buyer on such unpaid moneys from the due date for payment until payment.

iv) The seller may at its discretion at any time and without any prior notice to the buyer vary suspend or terminate any credit facilities or arrangements concerning the supply or provision of goods and services between the buyer and the seller without the seller incurring any liability to the buyer in so doing.

6. Warranty

a) All warranties conditions and representations whether express or implied other than any express warranty stated by the seller in writing are hereby expressly negated and excluded except in circumstances where the seller is by law unable to exclude or limit its liability. Provided that where the buyer is a consumer for the purposes of the Trade Practices Act but the goods or services are not of a kind ordinarily required for personal domestic or household use or consumption the liability of the seller shall be limited as determined by the seller to anyone or more of the following;

i) The replacement of the goods or the supply of equivalent goods;

ii) The payment of the costs of replacing the goods or of acquiring equivalent goods.

b) No claim of any nature whatsoever (other than relating to the warranty) will be recognized unless made within ten (10) days of delivery. All freight costs involved in the return of the goods must be paid by the payer. A copy of the invoice evidencing sale to the buyer is to be included with the goods.

7. Delay

The seller will use its reasonable endeavors to perform its obligations under any contract for the sale of goods entered into, but failure to do so by reason of, but not limited to, the inability of the seller to obtain supplies from its usual sources, strikes, combination of workmen, lockout, riot, revolution, war, mobilisation, epidemic, fire, act of God or any other cause of like or different character whatsoever beyond the control of the seller, shall not constitute a breach of contract, nor shall the seller be under any liability to the buyer, but the contract shall be deemed to be suspended with liberty to the seller at any time to rescind the contract or any unfulfilled part or to renew the contract upon the cessation of the cause preventing performance.

8. Title

a) Goods supplied by the seller shall be at the buyers risk immediately on delivery to the buyer or into custody on the buyers behalf (whichever is the sooner). The title and property in the goods supplied will only pass to the buyer when:

i) The goods the subject of any contract have been paid for in full and where the payment has been made by cheque, the cheque has been cleared for payment by the relevant bank, and

ii) No other sums are then outstanding from the buyer to the seller on any account whatsoever whether or not such sums shall have become due for payment.

b) In the event that the moneys remain unpaid after falling due for payment pursuant of these terms and conditions;

i) The buyer shall, at the request of the seller, advise the total of all goods of any description supplied by the seller to the buyer under any contract whatsoever held in stock at the date the request is made.

ii) The seller may at its discretion at any time and without prior notice (notwithstanding any prior failure to exercise such rights) retake possession of the goods supplied by it under any contract whatsoever and for such purpose the buyer hereby irrevocably authorises the seller and all persons authorized by it in that behalf to enter the premises upon which the goods are located for the purpose of so retaking possession of the same and the buyer indemnifies and agrees to keep the seller indemnified in respect of all costs, losses, damages and other expenses suffered by the seller or any other party as a result of such action on the part of the seller. The value of all goods taken by the seller under the provisions of the sub-clause shall be assessed by the seller (whose decision shall be conclusive) and the buyer shall (in addition to any other moneys owing by the buyer to the seller) be liable to the seller as and by way of Liquidated damages for the difference between the purchase price payable by the buyer of all goods retained and the assessed value of the same as retaken and aforesaid subject to an allowance being given to the buyer for any part of the purchase price (if any) paid by the buyer for those goods.

iii) With or without taking possession of the goods supplied by it under any contract whatsoever the seller may sell the same by public auction or by private treaty by retail or wholesale for cash or on terms and generally as the seller thinks fit and apply the proceeds actually received by the seller after defraying expenses of sale and enforcement in or towards reduction of the buyer’s debt.

iv) The buyer hereby charges all of its, his or her beneficial in real and personal property in favour of the company to secure any monies that fall due for payment pursuant to these terms and conditions.