Terms and Conditions of sale
1 - Where used, the word “Company” means GG Clark Pty Ltd trading as The Country Trader and the word: “Purchaser” means the person, firm or company named as the applicant on this form.
2 - The Purchaser will purchase products from the company upon the following terms and conditions.
3 - Verbal statements and representation, which may have been given to the Purchaser, are hereby expressly negated. Any liability by the Company for verbal statements or representations actually given is hereby avoided.
4 - The prices charged by the Company are as set on the Tax Invoice provided at time of purchase. Where a delivery has been charged, that fee does not include movement of other furniture or for the delivery men to “make space” for the object being delivered. Any excess delivery fees as liable to be charged back to the client.
5 - Condition of Goods Purchased and or Collected - If for any reason the client disputes the condition of the item delivered they will have 3 working days to notify the Company of any defects they believe have occurred between Purchase and Collection. Damage after collection prior to delivery is the liability of the purchaser to pursue. Rectification of defects notified after this time are at the discretion of management. The Purchaser accepts it is their responsibility to inspect the goods and be aware of all aspects of an items condition prior to Purchase. The Purchaser discharges the Company of liability for such claims. The Company expressly notes products are second hand, that products have evidence of wear and tear, stains, may be ripped and broken or possibly repaired, have had infestations by insects, be incomplete and not stable or solid in structure. By purchasing the goods the Purchaser accepts condition of the goods ”As Is” and cannot use these aspects of condition as cause to claim the goods are damaged and or may no longer be usable for their intended purpose.
6 - The Purchaser agrees the Company shall give any notices under this Agreement to the address appearing on this Form as the Business Address and any such notice given to such address shall be deemed given to –
•All branches, offices or premises from which the Purchaser conducts its business;
•All subsidiaries or related corporations of the Purchaser who with the consent of the Purchaser and the Company operate the Purchaser’s account.
•The Purchaser on the next business day, after the day of posting
7 - There is no cooling off period for items Purchased (for Products Ordered see Terms and Condition of Order).
8 - Unless alternative arrangements are made in writing between the Company and the Purchaser, the Purchaser must pay for all Goods prior to the delivery.
9 - In addition to any lien to which the Company is entitled, the Company shall in the event of the Purchaser’s insolvency, bankruptcy or winding up, be entitled to a general lien on all property or goods belonging to the Purchaser in the Company’s possession (although such goods or some of them have been paid for) for the unpaid price of any other goods sold and delivered to the Purchaser under this or any other contract.
10 - The Company shall not be responsible, nor accept any liability for any claim for loss of profit caused by delay or non-delivery of products. Each delivery shall be regarded as a separate contract and failure of any delivery shall not affect the contract as to any other delivery.
11 - Risk in any products supplied by the Company to the Purchaser shall pass when such products are delivered to the Purchaser or into custody on the Purchaser’s behalf but ownership of such products is retained by the Company until the Company receives full payment for those products. Until such payment in full is received via cleared funds, the Purchaser shall hold the products as Bailee only for the Company.
12 - The Company may in its absolute discretion engage qualified Solicitors and/or licensed debt collection agencies to recover the amount from the Purchaser. The Purchaser agrees in consideration of the granting of credit to the Purchaser pursuant to this Agreement, to reimburse the Company all such fees, charges, legal fees, expenses and costs including those of an agency licensed under the Commercial and Private Agents Act (as amended) associated with the recovery of the amount due by the Purchaser to the Company from the Purchaser.
13 - The Purchaser shall give seven days' notice to the Company of any change in its Directors, Shareholders and Proprietor, trading name or partners.
14 - It is agreed that if a cheque is not honoured by the Purchaser’s bank due to insufficient funds,
•any bank charges, fees or costs will be reimbursed to the Company;
•the Company shall not be liable to deliver any further goods to the Purchaser until the amount outstanding is paid by the Purchaser; and
•the Company is not liable to extend any further credit to the Purchaser;
15 - Unless amended at the time of delivery, the products and quantities shown on each invoice shall be regarded as the true record of the products and unit quantities delivered by the Company to the Purchaser and the Purchaser agrees not to dispute delivery of the said products and unit quantities.
16 - The Purchaser shall not deduct or set off any monies from or against the amount shown as due and payable in each invoice submitted by the Company to the Purchaser unless otherwise agreed in writing. Any monies owing to the Purchaser by the Company shall be separately accounted.
17 - In the case where the Purchaser is trustee of a trust, then this agreement binds the Purchaser both in its capacity as trustee of the trust and in its own right.
18 - The Applicant warrants that the persons’ signatures appearing on the credit application (if applicable) are duly authorised by the Applicant to apply for credit and execute the credit application on behalf of the Applicant.
19 - By providing this Account Application Form and in acceptance of the Company’s terms & Conditions, the Purchaser agrees to be bound by the laws of the State of New South Wales, Australia.
Terms and Conditions of order
1 - A deposit of 50% is payable on all forward orders. Orders will not be placed until such time as the deposit has been paid. Delayed payment may cause delivery times to be extended.
2 - There is a cooling off period of seven days, after which cancellations will not be accepted and a cancellation fee of 12.5% of the order will be payable. Any cancellations within seven days will be refunded in full. All refunds will be made in the same transaction style as the payment. Any refunds due in cash will be made only up to $500.00 and the remaining will be made by EFT or cheque.
3 - The Country Trader holds the right to cancel the sale at any point if the fabrication of the goods, by a third party is ceased at no fault of The Country Trader. In this instance a full refund will be issued for the relevant item only.
4 - Payment of the balance of the full invoice is required prior to delivery of the goods. If payment is made by cheque, the payment must have cleared prior to delivery. Failure to meet this requirement may result in delayed delivery. Any subsequent delays or cancelations with transport companies are at the account of the purchasing party.
5 - Any storage of the ordered goods in excess of 2 weeks from availability should be agreed at the point of purchase and The Country Trader may charge a storage fee of up to $100.00 per item per week where the items are not collected or delivered.
6 - Title to goods does not pass to the purchaser, or any subsequent party, until all monies due are paid in full. The Country Trader reserves the right to take appropriate action to recover goods which remain unpaid after the expiry of the agreed payment period.
7 - Floor stock furniture condition needs to be inspected and accepted by the client prior to delivery of the sale.
8 - All claims of faulty products must be made within seven days of delivery if they are to be accepted by The Country Trader. Items may only be returned and refunded if the manufacturing is faulty. Any other claims will be considered for return and a store credit issued depending on the circumstances.
9 - Delivery of any stock item by The Country Trader or a third party is not inclusive of making space for the delivered furniture in the client’s home. Extended deliveries due to moving furniture or access issues will be charged accordingly and are not the responsibility of The Country Trader. If the carrier is a third party, goods should be inspected by the client prior to transportation of the goods.
10 - If the client wants to collect their purchased goods, a minimum of 24 hours' notice is required.
11 - The Country Trader will endeavour to provide your order as quick as possible. In the unlikely event that your order is delayed, we will inform you of your new proposed delivery date as soon as we can.