TERMS AND CONDITIONS OF SALE
LIFESTILES DESIGN STUDIO PTY LTD ACN 160 461 772 (LIFESTILES DESIGN STUDIO)
1. General
Any quotation by Lifestiles Design Studio, any order placed by a customer with Lifestiles Design Studio and any supply of goods by Lifestiles Design Studio to a customer is deemed to incorporate these terms and conditions of a sale and customers by their acceptance of a quotation, placing an order, or accepting delivery of goods acknowledge that they have read and accepted these terms and conditions.
2. Title
2.1 Title to any or all goods delivered/supplied by Lifestiles Design Studio to a customer does not pass to the customer until payment in full is received by Lifestiles Design Studio from the customer.
2.2 If the customer does not pay for any goods on the due date specified in this agreement, Lifestiles is irrevocably authorised by the customer:
(a) to enter the customer’s premises (or any premises under the control of the customer or as an agent of the customer if the goods are stored on such premises) and use reasonable force to take possession of the goods without liability for the tort of trespass, negligence or for the payment of compensation to the customer or anyone claiming through the customer.
(b) Subject to, and in accordance with, the Personal Property Securities act 2009, to keep or resell any goods repossesses pursuant to (a) above.
2.3 The Customer must:
(a)If any of the goods have been used in manufacturing process or mixed with other materials, the customer must record the value of the goods so consumed in relation to each unit and finished product.
(b) If the goods are resold or products manufactured using the goods sold, by the customer, the customer shall hold such part of the proceeds of any such sale as represents the invoice price of the goods or used in the manufacture of the goods sold in a separate identifiable account as the beneficial property of Lifestiles Design Studio and shall pay such amount to Lifestiles Design Studio upon request. Notwithstanding the provisions above Lifestiles Design Studio shall be entitled to maintain an action against the customer for the purchase price; and
(c) The customer is a bailee of the goods until such time as payment in full is made and title passes from Lifestiles Design Studio to the customer.
3. Terms of payment
3.1 The customer shall pay the price on collection of the goods or on or before delivery to the customer of the goods.
3.2 The customer is liable for the delivery costs, which are payable on delivery before delivered to site.
3.3 If payment is not made by the customer in accordance with the invoice, interest at the rate of twelve per cent (12% per annum calculated from the due date for payment up to and including the date of payment will be charged.
3.4 The risk with respect to the goods will pass to the customer upon delivery or collection by the customer of the goods irrespective of whether the customer has at that time paid for the goods.
3.5 Failure to comply with payment terms entitles Lifestiles Design Studio to suspend all further orders and requests for delivery of goods until all outstanding amounts have been paid by the customer.
3.6 If the customer does not indicate the invoice the customer is paying, the customer authorizes Lifestiles Design Studio in its discretion to appropriate any money received against the due amounts then due by the customer to Lifestiles Design Studio.
4. Delivery
4.1 All orders will be packed prior to collection or delivery. Alterations to packed orders must be in writing and in each instance will attract a fee.
4.2 No order will be held for collection beyond two (2) weeks after which time the goods will be returned to stock. Lifestiles Design Studio will not be responsible for any consequential losses arising from the unavailability of stock after that time.
4.3 Any goods paid for and not picked up within two (2) weeks will be subjected to storage/demurrage fees.
4.4 The delivery times made known to the customer are estimates only and Lifestiles Design Studio is not liable for late delivery or non-delivery.
4.5 Lifestiles Design Studio is not liable for any loss, damage or delay occasioned to the customer or its customers arising from late or non-delivery of the goods.
4.6 Lifestiles Design Studio may at its option deliver the goods to the customer in any number of installments unless there is an endorsement overleaf to the effect that the customer will not take delivery by installments.
4.7 Lifestiles Design Studio is not responsible to the customer or any person claiming through the customer for any loss or damage to goods in transit caused by any events of any kind by any person (whether Lifestiles Design Studio is legally responsible for the person who caused or contributed to that loss or damage).
4.8 The risk of the goods shall pass to you upon the delivery of the goods.
5. Returns
5.1 Returns will NOT be accepted unless:
(a) The goods delivered are damaged.
(b) The goods do not materially comply with what was ordered.
(c) Agreed to prior at the discretion of management in which a handling fee will be applied for up to 100%
5.2 Any freight costs on returns must be prepaid for by the customer.
5.3 Returns will not be accepted on any adhesives, grouts and ancillary items.
6. Faults
6.1 Other than where these provisions conflict with legislative requirements (in which case the legislative provisions will apply), any claim in respects of allegedly defective goods should be made in writing within seven (7) days of delivery or collection of the product to or by the customer. Such claims should be accompanied by invoices in relation to the perches of the goods.
6.2 Tile sizes listed on the invoice/order are NORMAL only and may vary from batch to batch. Lifestiles Design Studio take no responsibility of the size variations from one batch to another.
6.3 Lifestiles Design Studio accept no responsibility whatsoever for variations in shade, crazing, cracking or incorrect items supplied after installation has occurred.
6.4 Variation in colour, shade and grain are inherent in all kiln fired products. We will not be liable for any loss, damages or cost however arising resulting from any variation in colour, shading, and size.