TERMS & CONDITIONS - sale of items
Here are the main points, but the further detail can be found if you keep reading. If you have any questions, please don’t hesitate to ask:
PAYMENT SCHEDULE (refer to 5.0 Deposit and Final Payment)
50% deposit to confirm the order.
50% due prior to delivery/pickup of the table unless otherwise arranged.
Any adjustments to these payment terms must be agreed on prior to order acceptance.
DELIVERY + PICKUP (refer to 8.0 Supply of Furniture)
Unless specified all Timbermill quotes exclude delivery. Timbermill can arrange delivery for an extra cost, alternatively you can arrange pickup of your item from our warehouse in marrickville,nsw 2204.
Please note by picking up from us you are taking responsibility for the product and must have appropriate ropes, tarps, blankets, and vehicle/s. It is not our responsibility to provide these.
Timbermill sales order generally have a lead time of 8-12 weeks unless otherwise specified. Whilst this might seem like a long time remember you are getting a one-of-a-kind, handmade product. On order confirmation Timbermill will be able to give you an estimated delivery date.
The below terms and conditions of sale refers to Timbermill Pty Limited ACN 167 686 160 (‘Timbermill’) & Timbermill Designs ABN 36 167 686 160 of 30 Sydney Street, Marrickville, New South Wales 2204 and the individual, company or corporation or agency who wishes to purchase a custom piece of furniture (‘Furniture’) from Timbermill as named in the Purchase Quote (‘Buyer’).
Timbermill will consult with the Buyer to obtain details about the Furniture to be designed and produced by Timbermill to the Buyer’s specifications.
Once Timbermill has the necessary information from the Buyer (eg. image ideas, dimensions and any other information relevant to the Buyer’s request), the Buyer will be given a price guide and Timbermill will consult with the Buyer to prepare any necessary drawings in respect of the Furniture.
Unless otherwise specified, all products are for indoor use only.
The Buyer acknowledges and agrees that timber, and in particular recycled timber, can vary in colour, and the colour of the Furniture you are purchasing may not match samples shown to the Buyer at the time of consultation.
The Buyer further acknowledges and agrees that it is their responsibility to maintain the Furniture (eg. cleaning and conditioning) to avoid discolouration and minimise wear and tear.
2.0 Purchase Quote
Following on from the consultation, Timbermill will prepare a formal quote, including a price, details of the Furniture, lead times together with other key terms (Purchase Quote).
A Purchase Quote is valid for a period of 30 days of the date of issue.
For the avoidance of doubt, Purchase Quote includes any variation Purchase Quote agreed and accepted by Timbermill in accordance with these terms and conditions.
The acceptance of the Purchase Quote (whether Purchase Quote acceptance is oral or written) will be deemed as acceptance of these terms and conditions and form a contract between Timbermill and the Buyer (‘Agreement’).
Timbermill rejects any other terms proposed by the Buyer not agreed by Timbermill and expressly incorporated in these terms and conditions.
Additional Furniture provided to the Buyer or changes to the design of the Furniture the subject of the Purchase Quote, which is not outlined in the Purchase Quote will be deemed a variation of the Agreement and is subject to the written consent of Timbermill, which may be withheld in its absolute discretion.
For the avoidance of doubt, Timbermill is not required to accommodate any requests for changes to the design of the Furniture the subject of the Purchase Quote once manufacture of the Furniture has commenced. Should the Buyer decide not to proceed with the purchase of Furniture for this reason, cancellation fees will apply as set out herein.
The Buyer acknowledges and agrees that any changes to the design of the Furniture the subject of the Purchase Quote requested by the Buyer may result in an increase to the price and/or lead time in respect of the Furniture.
Where Timbermill agrees to any variations, a revised Purchase Quote will be sent to the Buyer for the additional Furniture and all variation prices must be agreed to by the Buyer prior to the Furniture being delivered.
5.0 Deposit and Final Payment
A 50% non-refundable deposit is payable by the Buyer upon acceptance of the Purchase Quote, a signed copy of which must be returned to Timbermill at the time of payment of the non-refundable deposit.
Full payment by either cash or credit card is required prior to delivery of the Furniture.
The Buyer will pay the remaining 50% of the Purchase Quote prior to delivery of the Furniture. Timbermill will provide the Buyer with 5 days notice of delivery of the Furniture.
6.0 Cancellation of Order
Timbermill does not refund or exchange if you change your mind. In the event that the Buyer does not wish to proceed with the purchase of the Furniture prior to the commencement of manufacture, the Buyer will forfeit the non-refundable deposit.
If the Buyer cancels the Purchase Quote after the commencement of the manufacture of the Furniture, the Buyer agrees to pay a cancellation fee up to the 75% Purchase Quote at Timbermill’s discretion. The Buyer acknowledges and agrees that this figure is a genuine pre-estimate of the loss likely to be suffered by Timbermill in the event the Buyer cancels the Purchase Quote after the commencement of the manufacture of the Furniture.
Timbermill warrants that the Furniture will be free from defects, in good working order and fit for the purpose for which that type of furniture is commonly supplied.
Timbermill takes no responsibility and does not give any warranty (save for any warranty required to be given pursuant to the Australian Consumer Law) with respect to the suitability of the Furniture for a Buyer’s individual purposes.
It is the Buyer’s responsibility to inspect the Furniture on delivery to ensure that the Furniture is free from defects and in good working order.
For the avoidance of doubt, and given the nature of using recycled timber in furniture applications variations to colour and grades of timber used will only be considered defects if they fundamentally affect the structural integrity of the Furniture.
8.0 Supply of Furniture
A Buyer may elect to collect the Furniture or have the Furniture delivered by Timbermill (or its authorised agents). Details of the supply of Furniture (including any additional charges for delivery facilitated by Timbermill) are set out in the Purchase Quote.
A delivery docket will be provided to the Buyer upon collection or delivery of the Furniture by or to the Buyer. The Buyer must sign the delivery docket prior to any Furniture being released by Timbermill into the custody of the Buyer (or its authorised nominee).
If the Buyer as named in the Purchase Quote is not present at the time of the delivery, it is the Buyer’s responsibility to authorise a nominee to sign for the Furniture.
Timbermill will endeavour to effect delivery of the Furniture at the times indicated by the Buyer but will not be liable for any delay in delivery or for a failure to deliver under any circumstances. Timbermill reserves the right at any times to refuse any carrier of the Buyer.
Where the Buyer elects to collect the Furniture from Timbermill’s premises, Timbermill will confirm the date for collection with the Buyer.
Title and risk in the products, such as loss and damage, pass to the Buyer on delivery or collection of the Furniture, as the case may be.
10.0 Indemnity and Limitation of Liability
Timbermill shall not be liable to refund a Buyer should they cancel the Purchase Quote for reasons of variations in the colour or grain of timber used in the Furniture manufactured for a Buyer from those samples shown at the time of consultation with the Buyer.
All guarantees, terms, conditions, warranties, undertakings or representations express of implied in any way relating to this Agreement are excluded to the maximum extend permitted by law. Notwithstanding this, nothing in this Agreement restricts or modifies any right or remedy including any guaranteed imposed or implied under the Australian Consumer Law (if applicable) which contains guarantees to protect consumers of certain goods and services.
To the extent that Timbermill is able to determine the same our liability for breach is limited to (at our sole discretion) the repair or replacement of the Furniture or a refund of the price paid by the Buyer for the Furniture.
Save for any liability that Timbermill may not exclude, to the maximum extent permitted by law, our liability for all claims arising under this Agreement, whether in contract, tort (including without limitation negligence), equity, under statute, under an indemnity, or on any other basis, is limited to an amount equal to the Purchase Quote paid by the Buyer.
Subject to the provision of this Clause, Timbermill is not liable for any consequential, indirect of special loss or damage, loss of profits, loss of business, business interruption, cost or amount that the Buyer is liable for arising out of any loss suffered by third parties under or relating to this Agreement, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity, or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
The Buyer must indemnify Timbermill against all liability, claims, damage, loss, cost and expended (including, without limitation, legal fees, costs and disbursements, on a full indemnity basis) whether incurred against or by Timbermill in respect of:
damage to tangible property;
or a claim by a third party, in respect of the use of the Furniture.
To the extent that Timbermill’s loss is cause by its negligence, the Buyer’s liability is diminished.
11.0 Force Majeure
Timbermill will not be liable for the consequence of any circumstance reasonably beyond Timbermill’s control, which affects its obligations under this Agreement.
These terms and conditions are governed by the laws of New South Wales, Australia and each party submits to the non-exclusive jurisdiction of the court of New South Wales.
A provision of or right created under this Agreement will not be waived by Timbermill or varied except in writing signed by an authorised representative of Timbermill.
A waiver by Timbermill of a provision will not waive any other provision of this Agreement or constitute a continuing waiver unless expressly provided.
If a provision or right or remedy of a party under this Agreement is void or unenforceable for any reason, then that part will be read down or severed from this agreement without affecting the validity or enforcement of the remaining provisions.
The Buyer is not entitled to set off against or deduct from the price any sums owed or claimed to be owed to you by Timbermill.
The description, illustration and performance of any product contained in our catalogue, marketing material, price list or advertising does not form part of this agreement unless expressly set out in this agreement.
Timbermill may complete any blanks on any Purchase Quote on the Buyer’s behalf.
13.0 Intellectual Property
The Buyer acknowledge that at all times all intellectual property including, but not limited to, designs, techniques, methods of manufacture, photographs, specifications, artwork, text, patented inventions and registered designs remain the property of Timbermill.
The Buyer must not knowingly allow any intellectual property belonging to Timbermill to be reverse engineered, or copied or breached in any other manner. Timbermill may be entitled to compensation for any loss of royalties, damages and/or costs arising from the breach of Timbermill’s intellectual property rights.