Terms and Conditions

Terms and Conditions

1. Interpretation

1.1 Definitions

  • Company: Mile End Office Furniture
  • Customer: The individual or entity purchasing Goods from the Company
  • Goods: All items sold and/or delivered by the Company to the Customer
  • Terms: These terms and conditions of sale

2. Application

2.1 Governing Terms

These Terms govern all contracts for the sale of Goods by the Company. Changes or amendments require written confirmation from the Company.

2.2 Representations

No employee or agent of the Company can make representations beyond these Terms.

3. Prices

3.1 Price Setting

Prices are fixed at the time of the order but may change before the deposit is paid. Ensure to check the current price before confirming your order.

4. Payment

4.1 Payment Terms & Conditions

Customers must pay without deductions or discounts unless specified in the invoice or Terms. A 30% deposit is required for orders, except for Trade Account Customers. This deposit remains until all items are collected or delivered.

4.2 Fabric Orders

For orders involving customer-selected fabric, the full fabric cost must be paid with the deposit.

4.3 Final Payment

Customers must pay the remaining balance before delivery or collection.

4.4 Interest on Overdue Accounts

We charge interest on overdue accounts at 1.5% per month, calculated daily, from the due date until payment is received.

5. Delivery

5.1 Collection and Delivery

Customers must collect or accept delivery within 5 days of notification and pay the invoice balance. If the Customer fails to act within 21 days of notification, the Company may cancel the contract, keep the deposit, and resell the Goods.

5.2 Storage Fees

We may charge a storage fee of $35.00 per week for Goods not collected or delivered within 5 days of notification.

5.3 Delivery Schedule

The Company may deliver Goods in installments and before the scheduled delivery date. Customers cannot refuse delivery in such cases. Delays in delivering installments do not allow the Customer to cancel the remaining contract.

5.4 Inspection

Upon delivery or collection, the Customer must inspect the Goods for conformity to specifications, quality, and other characteristics. If Goods are damaged, incorrectly supplied, or not as per the contract, the Customer may return them according to clause 6.

5.5 Shipping Restrictions

Currently, online shop products ship only within SA. For purchases outside SA, please contact our sales consultants at 08 8229 7676 or sales@officefurniture.net.au.

6. Return and Refund of Goods

6.1 Conditions for Return

Customers may return Goods for a refund if they are:

  • Damaged, wrongly supplied, defective, or not in accordance with the Contract.
  • Returned within one month of the invoice date.
  • Accompanied by the invoice number for the returned Goods.
  • Returned in their original condition, packaging, and with all materials.
  • From current stock held by the Company.

6.2 Assessment of Returns

The Company will assess returns. Returns may be refused at the Company’s discretion, following Australian Consumer Law.

6.3 Cost of Returns

Unless agreed otherwise, the Customer bears the cost of returning Goods.

6.4 Non-returnable Goods

Goods that cannot be returned include:

  • Specially made or ordered Goods.
  • Goods that are used, installed, damaged, or altered.
  • Goods sold at wholesale, discounted prices, or as second-grade quality.
  • Goods no longer in stock or discontinued.

6.5 Restocking Fee

Returned Goods are subject to a 30% restocking fee plus GST.

7. Title

7.1 Ownership

Legal and beneficial ownership of Goods remains with the Company until full payment is made in cash or cleared funds.

8. Risk and Insurance

8.1 Assumption of Risk

The Customer assumes the risk of the Goods upon delivery or collection, even if ownership has not yet passed. Therefore, the Customer must insure the Goods against theft, breakdown, fire, water, and other risks from delivery until ownership passes.

9. Inspection

9.1 Inspection and Notification

The Customer must inspect the Goods and notify the Company in writing within 2 days of delivery or collection if the Goods do not meet specifications. Otherwise, the Goods are deemed accepted in good condition.

10. Cancellations

10.1 Order Changes

Orders cannot be canceled, modified, or deferred without prior written consent from the Company. If granted, the Company may seek reimbursement for all losses and a cancellation fee of at least 20% of the invoice price.

11. Limited Liability

11.1 Exclusions

These Terms do not affect rights under the Trade Practices Act 1974. The Company is not liable for delays, defects, or non-compliance with safety standards. If statutory provisions apply, the Company’s liability is limited to:

  • Replacement or repair of the Goods or provision of equivalent Goods.
  • Payment for replacement or repair costs.

11.2 Limitation of Liability

The Company is not liable for consequential or indirect losses. If defects arise, the Customer must notify the Company immediately with proof of purchase and cannot undertake remedial work without written consent from the Company.

12. Warranty

12.1 Manufacturer Warranties

Goods are covered by manufacturer warranties and standards.

12.2 Exclusions

Any implied terms, conditions, or warranties are excluded to the fullest extent permitted by law. The Company is not liable for advice on the suitability of Goods.

13. Display and Samples

13.1 Display Products

Any display products or samples inspected by the Customer are for convenience only and do not constitute a sale by sample.

14. Contract

14.1 Contract Formation

The Contract consists of these Terms and any other signed writings. It is deemed made at the Company’s business location where the order was placed.

15. Loan, Rental, or Unpaid Furniture

15.1 Collection of Goods For loan, rental, or unpaid furniture, the Customer:

  • Authorizes the Company to collect the Goods from any premises without notice, even using force if necessary.
  • Assigns rights to the Company to enter such premises to collect Goods.

16. Power & Data Products

16.1 Installation

The Company is not responsible for hard-wired or data products installation. Customers must employ licensed tradespersons for such tasks. The Company provides only data and soft-wiring provisions.

17. Force Majeure

17.1 Non-liability for Uncontrollable Events

The Company is not liable for any breach of contract due to uncontrollable events such as transport stoppages, natural disasters, strikes, wars, or public authority interventions.

18. Waiver of Breach

18.1 Enforcement of Rights

Failure by the Company to enforce any Terms does not waive rights or remedies for future breaches.

19. No Assignment

19.1 Assignment Restrictions

The Customer cannot assign the Contract or any rights under it without the Company’s written consent.

20. Severability

20.1 Invalid Provisions

If any provision of these Terms is deemed unlawful, invalid, or unenforceable, the remaining provisions remain in effect.

21. Governing Law

21.1 Jurisdiction

These Terms and the Contract are governed by South Australian law. Disputes are submitted to South Australian courts.

22. Romalpa Clause

22.1 Retention of Title

Upon purchasing, the Purchaser agrees to the Romalpa clause:

  • Title and ownership of Goods remain with the Vendor until full payment is made.
  • Risk passes to the Purchaser upon dispatch.
  • The Purchaser must store Goods to indicate Vendor ownership.
  • If Goods are incorporated into other products, ownership of combined goods passes to the Vendor as allowed by law.
  • The Vendor may enter premises to remove Goods if necessary.
  • Proceeds from resale of Goods belong to the Vendor and must be held in trust by the Purchaser.

All sales are made under these terms & conditions.

For more information, please contact us.