1. NUFURN PTY LTD / NUFURN INC: Definitions in these "Conditions of Sale" shall have the following meanings: The "Customer/s" means the person/s, firm or company from whom the order was received or its legal assigns or successors.
2. The "products and/or goods" means those items specified in the order accepted by Nufurn Pty Ltd / Nufurn Inc.
3. These "Conditions of Sale" apply to all sales by Nufurn Pty Ltd / Nufurn Inc. to its Customers unless they are specifically varied in writing by Nufurn Pty Ltd / Nufurn Inc.
4. These conditions cannot be construed to apply to purchases made by Nufurn Pty Ltd / Nufurn Inc.
5. TERMS OF PAYMENT – 50% deposit is required on placement of order with the remaining 50% to be paid prior to delivery. Payment is by credit card or direct deposit into our account in advance of delivery, unless previously approved and purchase order number is quoted. All payments are net unless expressly arranged with the approval, in writing, of Nufurn Pty Ltd / Nufurn Inc. Quotes are valid for 30 days from quote date. If you have an urgent requirement outside the specified lead times, please be sure to discuss this further and we will endeavor to accommodate your needs.
6. PURCHASE ORDERS - Purchase orders placed by any person, or firm or company through its employees, whether in writing or verbally, are deemed to incorporate these terms and conditions.
7. CUSTOMER CUSTOM ORDERS - Orders accepted by Nufurn Pty Ltd / Nufurn Inc. for products specially manufactured to Customer specifications or any products modified to Customer specifications require a deposit of 50% of the value of the goods and cannot be cancelled. The residual 50% is due prior to delivery.
8. CUSTOMER SUPPLIED PRODUCT - Nufurn Pty Ltd / Nufurn Inc. does not accept any liability for the quality or accuracy of any Customer Supplied Product, drawings or specifications.
9. CANCELLATION OF ORDERS – Where Nufurn Pty Ltd / Nufurn Inc. agree at the Customer’s request to cancel an order prior to delivering the goods to the Customer, Nufurn Pty Ltd / Nufurn Inc. reserves the right to charge for all costs incurred prior to the cancellation and to charge a cancellation fee of up to 25% of the price of the goods to cover overheads associated with the order. The Customer’s request must be in writing and prior to the delivery of the goods. Custom orders cannot be cancelled, once the goods have been produced and the customer will be liable for the full price of the goods.
10. PRICES - Unless otherwise expressly stated by Nufurn Pty Ltd / Nufurn Inc. in writing, all goods will be charged at prices ruling on the date the purchase order is accepted and are subject to Goods and Services Tax.
11. QUANTITIES – All quotes and pricing have been based on quantities specified on the quote. Changes to quantities will be subject to further negotiation.
12. CHARGES – In addition to the purchase price, all delivery charges, sales tax, GST, extra packaging charges and Government taxes, if any, shall be payable by the Customer.
13. TOLERANCE – Unless expressly agreed to the contrary, the provisions and tolerance contained in the standard to which goods are manufactured by Nufurn Pty Ltd / Nufurn Inc. or its suppliers will apply to all orders.
14. SPECIFICATIONS - Nufurn Pty Ltd / Nufurn Inc. reserves the right to commercially match colours and/or substrate without notice. Nufurn Pty Ltd / Nufurn Inc. reserve the right to alter the specifications for future orders and can not guarantee to match any previous orders.
15. DELIVERY LEAD TIME – Delivery lead time quoted is calculated in working days excluding Public Holidays. Delivery lead times stated are from receipt of deposit with accepted written order and are also subject to third party supplier lead times and deliveries.
16. DELIVERY – Deliveries may be suspended by Nufurn Pty Ltd / Nufurn Inc. in the event of any strike, lockout, trade dispute, fire, tempest, breakdown, riot, theft, crime, civil disturbance, war or legislation. The inability of Nufurn Pty Ltd / Nufurn Inc. to procure goods due to any of the foregoing causes or any other occurrences preventing or retarding performance of the contract of delivery of goods - no responsibility shall be attached to Nufurn Pty Ltd / Nufurn Inc. for any delay, default, loss or damage due to any of the above causes, or to any cause beyond the control of Nufurn Pty Ltd / Nufurn Inc.
17. RISK - The responsibility for loss or damage of goods shall pass to the Customer upon delivery to the Customer, the Customers agent or to a destination nominated by the Customer or to a carrier nominated by the Customer.
18. WARRANTY CLAIMS - Warranty claims must quote invoice number and date of purchase and are subject to approval by Nufurn Pty Ltd / Nufurn Inc. The Customer is responsible for risk to the goods whilst being returned and the cost of freight for said goods. Please refer to Nufurn Pty Ltd / Nufurn Inc. warranty for further details regarding warranty claims.
19. PROPERTY - Property of the goods shall remain with Nufurn Pty Ltd / Nufurn Inc. until such time as full payment is received. If payment is not received, or if Nufurn Pty Ltd / Nufurn Inc. believes that the Customer may fail to pay for the goods when payment is due Nufurn Pty Ltd / Nufurn Inc. may re-take possession of the goods still in the control of the Customer.
20. INTEREST - If the Customer fails to make payment on the due date or defers delivery of products specially manufactured to Customer specifications or any products modified to Customer specifications Nufurn Pty Ltd / Nufurn Inc. reserves the right to charge interest on amounts outstanding at the rate of 4% above the minimum lending rate of the ANZ Bank / HSBS Bank as varied from time to time.
21. INDEMNITY - Without prejudice to any other rights Nufurn Pty Ltd / Nufurn Inc. may have, the Customer shall indemnify Nufurn Pty Ltd / Nufurn Inc. for any injury, disability, death, loss, damage or expense incurred should the Customer cancel any order or breach any term hereof.
22. RETENTION OF TITLE - irrespective of any payment arrangement between Nufurn Pty Ltd / Nufurn Inc. and the Customer, unless agreed to in writing by the Managing Director, or authorised Manager, of Nufurn Pty Ltd / Nufurn Inc. the provisions of this term (retention of title), shall from time to time override the term "Customer Custom Orders":
(a) Property in the goods sold by Nufurn Pty Ltd / Nufurn Inc. will pass on to the Customer only after the goods have been paid for in full.
(b) Goods supplied by Nufurn Pty Ltd / Nufurn Inc. will be at the Customers risk upon dispatch.
(c) Until the goods have been paid for in full, the Customer irrevocably authorises Nufurn Pty Ltd / Nufurn Inc. or its agent to reclaim the goods not fully paid for.