Terms & Conditions
All orders for the sale of goods are accepted and goods and services as listed on any invoice are provided by Creative Homes Furniture Store (‘the seller’) subject to the following terms and conditions only.
Delivery
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 or the seller.
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.
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 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.
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.
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 sellers 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.
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.
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.
Delayed Order Storage Fees
• It is important that AMS are notified at time of order, the accurate date the order is required for delivery.
• An Order Confirmation will be sent with the confirmed dates.
• A further Processing Confirmation will be sent to confirm that the order is in production.
• Any order delays notified after the Processing Confirmation may be subject to a storage fee.
• If AMS decide to make or deliver earlier than the Order Request date on the purchase order, the storage will only start from the Order Request Date.
• The customer will be charged a $20 + GST / CBM storage fee per week (1st week will be free – minimum of 1 CBM per order).
• The storage fee will be added to the order and invoiced accordingly upon pickup.
• These fees apply to all AMS Warehouse Facilities.
• There may be leniency in some special circumstances.