Terms & Conditions of Sale - Keen Educational Furniture
The Trustee for KEF Unit Trust
ABN 20 505 232 657
Trading as KEEN EDUCATIONAL FURNITURE
1. In these conditions of sale unless the context or subject matter or circumstances indicate otherwise:
(a) "The company" means The Trustee for KEF Unit Trust - ABN 20 505 232 657 trading as Keen Educational Furniture from Suite 2 / 1 London Road, MILE END SOUTH, SA, 5031.
(b) "The Purchaser" means the person or corporation described as the purchaser on the face of the quotation.
(c) "The Goods" means the goods described on the face of the quotation.
2. Any order or request to supply the goods shall be deemed in the absence of any agreement in writing altering, waiving or varying these conditions or any of them, to be an acceptance of this quotation upon the terms and conditions herein set out.
3. All quotations are issued by the company subject to written confirmation and acceptance by the company upon the receipt of a written order from the purchaser.
4. Once an order is placed by the customer and accepted by Keen Educational Furniture, if the customer thereafter wishes to cancel or vary the order, the customer shall be liable for any costs of manufacture incurred by Keen Educational Furniture up to that point in time. It is the customers' responsibility to confirm all measurements, colours, and configurations on quoted items before authorising an official order. Keen Educational Furniture requires a minimum of 50% deposit to initiate a custom order.
5. The purchaser shall inspect the goods immediately upon delivery and shall within 7 days from such inspection give written notice to the company of any matter or thing by reason whereof the purchaser alleges that the goods are not in accordance with the quotation. If the purchaser fails to give such notice the goods shall be deemed to be in all respect in accordance with the quotation and the purchaser shall be bound to pay for the same accordingly.
6. If the purchaser shall not accept delivery of the goods at the time or times and in the manner agreed, the purchaser shall be liable to the company for all loss and expense incurred by the company caused by such non-acceptance including the cost of storing the goods.
7. No contract resulting from the acceptance of this quotation shall be cancelled by the purchaser except with the consent in writing of the company which consent shall be given or refused entirely at the discretion of the company and if given shall be given only upon such terms and conditions as shall reimburse the company for all expenditure in connection with or such sum as the company may require to be paid by the purchaser to compensate the company for loss of profits upon the whole of the contract.
8. Unless otherwise agreed in writing between the company and the purchaser, all delivery charges shall be borne by the purchaser. Delivery fees are based on the number of items, destination, and ease of delivery. Delivery of goods will be accepted by Keen Educational Furniture or an authorised representative subject to availability and without any liability on behalf of Keen Educational Furniture for any delays. Once the goods have been delivered by Keen Educational Furniture or an authorised representative to the site of the customer, all risk in the goods shall pass to the customer
9. (a) Payment is strictly C.O.D. unless otherwise agreed through the approval of a credit application with Keen Educational Furniture wherein payment for goods and services supplied should be made in line with the credit terms approved. Terms of payment are on delivery of goods less deposit paid. Accounts / credit terms can be arranged with Keen Educational Furniture, however these will only be considered when a relationship has been recognised and regular ordering is occurring.
(b) However, payment will become due immediately if:
you commit any act of bankruptcy;
- a meeting of your creditors is called;
- a mortgagee or mortgagee's agent takes possession of any of your assets;
- a receiver of any or your assets is appointed; or
- a petition to bankrupt or liquidate you is issued.
(c) Until an overdue payment is paid, you have to pay interest on it at 2% per month.
(d) You must pay us the reasonable cost (including debt collector's commission) we incur to recover (or attempt to recover) any overdue payment
10 (a) Property in the goods shall not pass to the purchaser until the full price of such good is paid to and received by the company. In the case of payment by cheque, payment will be deemed to have been made only when the cheque is cleared by the purchasers' bank and funds are deposited in the companies' bank. The purchaser acknowledges that the purchaser holds the goods as bailee for the company until payment of the full price thereof shall be made. The company shall at its discretion be entitled but not obliged to re-take possession of the goods if payment is not made within the terms agreed for payment. (b) Notwithstanding clause 9 (a) above, the goods shall be at risk of the purchaser in all respect from delivery.
11. The company will use its best endeavours to meet any delivery date but such date is an estimated delivery date only and shall not be a condition of this agreement. The company shall not be liable for any loss or damaged (direct or consequential) of any kind or description whatsoever suffered by the purchaser by reason of any delay in the delivery of the goods (or any part thereof) caused by any matter or thing over which the company shall have no control including (but without limiting the generality thereof) strikes, lock-outs, industrial disputes, acts of god, fire, explosion or property of the company or any company supplier or outside contractor or caused by or due to the negligence of the company howsoever caused.
12. The goods the subject of this quotation having been delivered to the purchaser, will not be accepted for return or credit by the company except with the written consent of the company. All claims for any damage and/or defect in the goods purchased by the customer must be made to Keen Educational Furniture before any delivery docket is signed by the customer, and the Keen Educational Furniture delivery staff have left the customers site otherwise the goods are deemed to be received in good order and condition.
On every Keen Educational Furniture delivery the customer will be asked to sign a delivery docket. Once this document has been signed by the customer and the Keen Educational Furniture representative has left the customers' premise all liability of damaged or faulty goods will be passed to the customer.
13. All items sold by Keen Educational Furniture carry at least a 12 month warranty unless stated and covers workmanship and components. We will gladly replace or repair faulty components or defects in manufacturing. Warranties are passed on to Keen Educational Furniture by individual manufacturers and typically range within 12 months to 5 years. Please confirm with your salesperson at the time of purchase the period of time your particular product warranty will apply. Abuse, misuse, marks, stains or blemishes occurring after accepting the delivery of the product will not be covered by warranty. With all warranty claims a proof of purchase must be supplied. All warranty claims must be returned to Keen Educational Furniture at the expense of the customer.
The length of the warranty should be used as an indication as to the commercial quality of the product
14. Where there is any inconsistency between these conditions of sale and any terms or conditions contained in the acceptance or order of the purchaser, these conditions of sale shall prevail.
15. Any quotation issued by the company shall be null and void after the expiration of thirty (30) days from the date of issue thereof.
16. If payment for the goods is due under clause 9(a) or 9(b) but not paid, we may take any one or all of the following actions without notice.
- Sue for monies owing on the goods.
- Retake possession of them.
- Take possession of the product/s referred to in 9 (a)
- Take and/or claim the proceeds of sale referred to in 9 (d) paid or to be paid.
17. Any previous dealings shall not affect these terms and conditions or deemed to do so nor will any term or condition set out in your order forms or other documentations.
18. In these terms and conditions reference to a person includes a corporation, and the singular includes the plural and vice versa.
19. If more than one, the persons comprising the customer shall be jointly and severally bound by these terms and conditions.
20. The law of South Australia governs these terms and conditions and any legal action relating to them shall be brought in South Australian courts.
21. Each transaction is to be on the above terms and conditions. However, we may change the above terms and conditions and upon written notice to you, you will be bound by such changed terms and conditions in respect of subsequent transactions. Unless the contrary is proved, such notice shall be deemed served on you two business days after it is posted