Binding Terms and Conditions These terms and conditions bind you, the Applicant, in all transactions, sales, and supplies between you and the Supplier, Berkley Furniture.
Orders and Resulting Contracts
Orders placed are accepted solely under these terms and conditions; any changes require the Supplier’s written consent.
Each order must specify the products, quantity, and any current quotation details.
Contracts are formed when the Supplier accepts your order (in part or full), with the Supplier retaining discretion to accept, reject, or partially fulfill orders.
Prices
Prices are exclusive of GST or similar taxes unless otherwise specified and may change without notice.
Any applicable GST or other taxes will be added to the total and must be paid by you.
Supplier’s Inability to Supply
If circumstances beyond the Supplier’s control prevent fulfillment of your order, the Supplier may cancel the contract (in part or whole) without liability for compensation, and reserves the right to recover any unpaid amounts.
Return of Goods
Goods may only be returned with prior written consent and a Return Authorization Number (RAN) issued by the Supplier.
Approved returns must be in saleable condition and returned at your expense for an invoice credit.
Title
Title to goods remains with the Supplier until full, unconditional payment is made.
Until title passes, goods should be stored to indicate they are Supplier’s property, and the Supplier may inspect them at any time.
Personal Property Securities Act 1999 (PPSA)
You grant a security interest in the goods for unpaid amounts and obligations under the PPSA, excluding personal property acquired independently of the Supplier.
You waive the right to receive verification statements related to security interests under the PPSA.
Default
The Supplier reserves the right to terminate orders or suspend supply if payment is overdue or if you default under these terms.
Interest will be charged on overdue invoices, and the Supplier may recover any costs associated with repossession of goods.
Payments
Payment terms are as specified on the invoice, with no credit extension beyond the stated due date.
The Supplier reserves the right to offset any amounts owed by you.
Supplier’s Expenses
You are liable for any legal and collection costs incurred by the Supplier in enforcing these terms.
Consumer Guarantees Act 1993 (CGA)
Where the CGA would typically apply, but goods are acquired for business purposes, you agree that the CGA does not apply.
Force Majeure
The Supplier is not liable for delays or defaults due to events beyond its control, such as natural disasters, industrial actions, or other unforeseeable events.
