Terms & Conditions
The term “Seller” hereinafter used refers to AUSSIE ACTIVE DESKS Pty Ltd who supplies the goods.
The term “Manufacturer” hereinafter used refers to PAGE FURNISHERS Pty Ltd who makes the goods.
The term “Buyer” hereinafter used refers to the individual or organisation who/which has purchased the goods from the Seller.
The term “goods” hereinafter used refers to any Aussie Active Desks products including height-adjustable sit-to-stand desks and tote trays which are for sale and/or which are purchased by the buyer.
2. GENERAL CONDITIONS
The Seller reserves the right to alter, modify, add or remove any portion of these terms and conditions at any time, without notice, and at their sole discretion. The Buyer may check these terms and conditions at any time for any alterations or amendments. The buyer’s continued custom of the Seller subsequent to the revisions of these terms means the Buyer accepts those changes. The Buyer is advised to review the terms and conditions and other policies posted on the Seller’s website for potential changes when they return to the site to visit or to transact any business.
Unless otherwise agreed in writing by the Seller, the Buyer agrees that it will be bound by these terms and conditions if the Buyer places an order with the Seller and it is accepted by the Seller. The Seller is not bound by any terms and conditions contained in any document issued by the Buyer.
The Seller warrants that it will comply with the Australian Consumer Law including the nine guarantees for consumers.
Goods are acceptable quality when sold to the Buyer
Their description of goods is accurate
The goods will satisfy any extra promises made about them
The goods will be reasonably fit for any purpose the Seller specified
Goods will match any sample or demonstration model and any description provided
They have the right to sell goods (clear title)
No one will try to repossess or take back goods, or prevent the Buyer using the goods, except in certain circumstances (see “Retention of Title”)
Goods are free of any hidden securities or charges.
They will take reasonable steps to provide spare parts or repair facilities for a reasonable time after purchase.
Unless otherwise specified, all materials appearing on the Aussie Active Desks website, including the text, site design, logos, graphics, icons and images, as well as the selection, assembly and arrangement thereof, are the sole property of Aussie Active Desks Copyright 2016, All Rights Reserved.
The content of the Aussie Active Desks website may be used for the purpose of requesting a quote and for educational purposes.
4. WEBSITE CONTENT AND PRIVACY
Should the Seller’s website contain any incorrect information including typographical errors in pricing, the Seller will notify the Buyer at the first possible opportunity for communication with the Buyer.
The Seller’s website includes colour samples for desktop colour options. The colours are only indicative and may appear brighter or a slightly different shade upon the Buyer receiving goods. The Buyer can ask the Seller for a more accurate hard copy colour sample prior to ordering goods if the Buyer feels the need to have more clarity around their choice of desktop colour.
The Seller’s website may contain links to other sites on the Internet that are owned and operated by third parties. The Seller is not responsible for the operation of or content located on or through any such site.
The Seller will keep the Buyer’s personal/organisational information private and secure.
To keep the Buyer informed about the Seller’s latest offers, the Seller may notify the Buyer of current promotions, specials and new goods by an email newsletter. The Buyer may unsubscribe from the email newsletter by following the unsubscribe instructions in the email newsletter.
The first stage of the ordering process is for a Buyer to submit for a quote on the Aussie Active Desks website. Should the Buyer not be able to access the website, they can contact the Seller by phone to request a quote.
The second stage of the ordering process is for the Buyer to accept the quote and confirm an order via email. Should the Buyer not be able to access emails, but has discussed an order over the phone with the Seller, the Buyer must confirm in writing their order as soon as possible, otherwise the Seller won’t place the order with the Manufacturer. This is to avoid any incorrect deliveries.
The third stage of the ordering process involves the Seller approving the order and sending it to the Manufacturer for goods to be made.
The Seller will endeavour to carry out the order placed by the Buyer with the Seller, but if its ability to do so or to obtain the necessary goods, labour and/or materials or if the cost thereof or of obtaining the same, be adversely affected (directly, indirectly or by circumstances already existing) by war, any law or provision having or purporting to have the effect of the law, strikes, lockouts, civil commotion, restraint of governments or rise in freights, duties or other charges, acts of God, fire, loss at sea or any other cause beyond the Seller’s control, then the Seller shall have the right to terminate any order or to extend the timeframe for the order’s completion due to above causes.
The timeframe from the Buyer placing an order to the Manufacturer making the goods may take from 15-40 days depending on the Manufacturer’s available timeframes for making the goods. The period between October and February tends to be one of the longest manufacturing periods given the large demand for goods from organisations at that time.
6. PRICE, CHARGES AND TAXES
The pricing of goods on the Aussie Active Desks website and promotional materials is subject to change at any time without notice. All prices provided on the Aussie Active Desks website are in Australian Dollars.
The invoice will include the purchase price of goods (inclusive of GST) as well as packing and freight delivery charges.
In the case of invoicing errors by the Seller, the Seller reserves the right to re-invoice the Buyer with the correct details.
7. CANCELLATION OR SUSPENSION OF ORDERS
Cancellation of an order by the Buyer are accepted by the Seller only if the payment of the cost of goods, labour and materials expended at the time of cancellation, are paid by the Buyer to the Seller on the date of cancellation.
If work on an order is suspended by or on behalf of the Buyer for a period of seven (7) days the Seller is entitled to payment in full for the portion of the works completed.
8. DISPATCH AND DELIVERY
The Seller will coordinate for the goods to be delivered to the Buyer by a designated freight company.
Delivery time is typically 2-5 days after dispatch. The day the Buyer's order dispatches does not count as a time-in-transit day.
The business days of Monday to Friday are delivery days only. There is no Saturday or Sunday delivery.
Delivery times are only estimates and are not guaranteed. The Seller cannot control occasional freight carrier delays, weather delays, and other factors that can delay delivery to the Buyer. The Seller will do their best however to get the delivery to the Buyer as soon as possible.
All goods are deemed to be delivered to the Buyer on the receival date.
The Buyer shall be deemed to have inspected and accepted the goods if they retain them for a period of seven (7) days after the receival date without notifying the Seller that the goods are not in accordance with the terms and conditions.
9. RESOLVING ISSUES WITH GOODS
If the Buyer inspects the good upon receiving them and finds a failure with any of the goods they must notify the Seller within seven (7) days that the goods do not meet a consumer guarantee.
If the Buyer fails to notify the Seller within seven (7) days of receiving the goods, the Seller is not required to take action to remedy the failure.
If goods fail to meet a consumer guarantee, the Seller will either repair or replace the goods; OR provide a refund.
If the Seller repairs the goods they will endeavour to do so in a reasonable amount of time. The Seller will communicate with the Buyer about how the repair will be done e.g. back at the Manufacturer’s site, by sending out a new part, or other arrangement.
If a Buyer chooses to request a refund, the Seller will arrange for a freight carrier to collect the goods at the Buyer’s premise and return the goods to the Manufacturer or Seller. The Buyer is responsible for:
Providing proof of purchase e.g. quoting the original number and date of invoice
Repackaging the goods in the original packaging for the freight carrier to collect.
If it is determined that the failure of goods was caused by misuse or abuse of the goods, repairs and refunds will be at the Buyer’s expense.
A Buyer cannot receive a refund due to change of preference about the goods.
All payments by the Buyer need to be made by Direct Deposit or Credit Card (VISA, Mastercard).
The Seller does not accept money orders, cashier’s cheques, personal cheques, nor company cheques.
There will be a 1.8% charge on any credit card payments.
The Buyer must make full payment of the invoiced amount within 7 days of receiving the goods.
The payment is not finalised until the Seller receives the payment.
If the Buyer fails to make payment in accordance with the stated terms default interest will be charged at a rate of 1.5% per month on a cumulative basis on all overdue amounts (including late payment charges and amounts other than the goods price) calculated on a day to day basis on monies due and unpaid. Such interest is to be computed from due date of payment and the Buyer and Seller agree that such default interest is not a penalty but a true measure of damages incurred by the Seller. Payments received from the Buyer will be credited first against any default interest and all such interest shall be payable on demand.
11. RETENTION OF TITLE
Property of goods delivered to the Buyer remains with the Seller until full payment is received for all goods sold by the Seller to the Buyer.
The Seller shall at all times be entitled to enter the premises believed to be occupied by the Buyer and recover therefrom the goods in the event of a default in the terms for payment of such goods.
If the Seller exercises its right as provided herein to enter the Buyer’s premises or the premises where the goods are believed to be held on behalf of the Buyer, the Buyer hereby indemnifies the Seller for any costs of removal, claims, suits and causes of action of any kind in relation to the removal of such goods.
Upon default, if the Seller needs to take steps to recover amounts, including legal fees, fees to bring proceedings, those are to be paid by the Buyer.
All goods* are covered by a limited seven (7) year warranty against faulty workmanship. *The only exception to this are the white sheen desktops (whiteboard-style), which have a 12-month warranty.
Not covered by the warranty are defects or damage which in the opinion of the Seller has been caused by neglect, misuse or poor handling in transit.
The warranty extends to the original Buyer and is not transferable.
The warranty is effective from the date of purchase of the goods.
Original proof of purchase of the goods or the receipt will be required for any warranty claim to be considered.
The Seller’s goods come with guarantees that cannot be excluded under the Australian Consumer Law. The Buyer is entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. The Buyer is also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
The Buyer shall be responsible for undertaking any risk assessment of the goods.
The Buyer is encouraged to make periodic inspections to determine damages incurred in daily handling, use and abuse. Examinations must include structural joints, welds and any other points of stress. If any defects are found the goods should be taken out of service.
14. GOVERNING LAW
The Seller will comply with the Australian Consumer Law.