Icon2 - Modern Office Furniture - Commercial Office Furniture Australia

TERMS & CONDITIONS

1. Interpretation In these Terms and Conditions “the Seller” means icon2 commercial products pty ltd; “the Buyer” means the purchaser of the goods specified on the invoice overleaf; “the Goods” means those products and items specified on the quote and/or invoice; “State” means New South Wales; “Delivery” is when the Buyer or his/her/its agent or carrier signs the Sellers delivery docket.

2. Terms of Sale (a) The Goods and all other products sold by the Seller to the Buyer are sold on these Terms and Conditions which shall prevail over all conditions of the Buyer’s order whether written or oral and to the extent of any inconsistencies. (b) The confirmation of an order shall be deemed as acceptance of these Terms and Conditions.

3. Terms of Payment Payment terms are strictly 14 days or such shorter period which may be required by the Seller and payment in full shall be made within 14 days of the date of the invoice or within such shorter period as may be required by the Seller.

4. Property, Title and Risk (a) The risk in the Goods shall unless otherwise agreed in writing pass to the Buyer upon Delivery to the Buyer or his/her/its agent or to a carrier commissioned by the Buyer. (b) Notwithstanding clause 4(a), the Seller and Buyer agree that the property of the Seller in the Goods remains with the Seller until the Seller has been paid in full for the Goods with such payment being cleared funds and furthermore, the Buyer is a bailee in the Goods and such bailment shall continue until the price of the Goods has been paid in full. (c) Pending payment in full for the Goods, the Buyer must not supply any of the Goods to any person outside of its ordinary or usual course of business; or allow any person to have or acquire any security interest in the Goods; or remove, deface or obliterate any identifying plate, mark or number on any of the Goods. The Buyer must insure the Goods for their full insurable or replacement value (whichever is the higher) with an insurer licensed or authorised to conduct the business of insurance in the place where the Buyer carries on business.

5. Liability (a) To the extent permitted by the law, the Seller is not liable to the Buyer in contract or in tort arising out of, or in connection with, or relating to the performance of the Goods or any breach of these Terms and Conditions; or any fact, matter or thing relating to the Goods; or any error (whether negligent or in breach of contract or not) in information supplied to the Buyer or a user before or after the date of the Buyer’s or user’s use of the Goods. (b) To the extent permitted by the law, all conditions, warranties and liabilities implied by statute, common law or otherwise are excluded from these Terms and Conditions. (c) In circumstances where such limitation contained in clause 5(a) and 5(b) are prohibited by statute or otherwise, the Seller’s liability is limited to either replacement of the Goods or supply of equivalent Goods; or repair of Goods; or the payment of the cost of replacing the Goods or of acquiring equivalent Goods; or the payment of the cost of having the goods repaired.

6. Default (a) The Buyer will commit an act of default under the Terms and Conditions if: the Buyer makes default on payment of the Price of the Goods in accordance with these Terms and Conditions; or commits any other breach of Contract for the sale of goods; or if any distress or execution is levied upon any of the Buyer’s Goods; or if the Buyer offers to make an arrangement with its Creditors or becomes unable to pay its debts as they fall due; or if any resolution or petition to wind up the Buyer (other than for the purpose of amalgamation or reconstruction without insolvency) is passed or presented; or if a Receiver or Manager is appointed over the whole of the Buyer’s business. (b) Where the Buyer commits an act of default pursuant to clause 6(a) then any right of the Buyer pursuant to these Terms and Conditions or otherwise to sell, dispose of, deal or in any way use the Goods in which the property remains vested in the Seller shall cease forthwith and the Buyer shall immediately place any of the Goods in its possession or under its control at the disposal of the Seller; and the Seller shall (without prejudice to any of its other rights and remedies) have the right to repossess and use the Goods in whatever manner it might think fit; and may by itself its servant or agents enter upon any building, vehicle or vessel or other place upon which the Goods are reasonably thought to be situated for the purpose of removing such Goods and the Buyer grants the Seller its servant or agent an irrevocable licence to do so without incurring any liability to the Buyer or any person claiming through the Buyer.

7. Severance If any term or provision of these Terms and Conditions is or may be void or unenforceable then such term or provision to the extent of such inability or unenforceability is hereby agreed to be severable and the Seller and the Buyer agree that the severance of such provision or term shall not affect the continued operation of all the other provisions contained in these Terms and Conditions.

8. Governing Law The contract to which these Terms and Conditions relate to is made in the State and the proper law of these Terms and Conditions is that of the State, and the parties agree to submit to the jurisdiction of the State.