INTERPRETATION
1.1 “Uplifting” - Uplifting Solutions Pty Ltd and its trading entities including www.industrychairs.com.au, www.lcdmonitorarms.com.au and www.ergofurniture.com.au
1.2 “(The) customer” - The person or firm or company purchasing goods from Uplifting.
1.3 “The goods” - The products the subject of the order to which these terms and conditions of sale apply.
PRICES
2.1 All prices are in Australian dollars (AUD) and are exclusive of Goods and Services Tax (GST), and other duties or taxes.
2.2 Prices are subject to change without notice.
PAYMENTS
3.1 Where trade credit has been provided by Uplifting, the customer acknowledges that full payment for goods shall be made within 30 days from the date of invoice, unless otherwise confirmed in writing by authorised Uplifting personnel.
WARRANTY
4.1 A manufacturer’s warranty ranging from one year to 10 years will apply on all products, unless otherwise specified.
4.2 The warranty is for normal commercial use covering single shift operations unless otherwise specified.
4.3 For multi-shift operations where products are subject to continuous use, a maximum three year warranty period will apply.
4.4 Should the goods prove to be defective within this period, Uplifting Solutions will, at its discretion and provided that the damage is not due to use or misuse of the goods or from fair wear and tear, replace or repair defective goods free of charge.
4.5 The goods must be returned to us at our location and proof of purchase must also be provided.
4.6 Where replacement parts are to be shipped to the customer as part of a warranty claim, all delivery charges shall be paid by the customer.
4.7 If the customer has not made full payment for the goods, the warranty is void.
DELAYS
5.1 Uplifting shall not be liable for any loss or damage suffered by the customer arising from delay in delivering goods after the due quoted delivery date.
DELIVERIES AND TRIALS
6.1 The customer shall take delivery of the goods at the customer’s nominated delivery site, unless otherwise advised in writing.
6.2 The delivery site must be clear and free from obstruction, with unfettered access to lift facilities.
6.3 Delivery to multi-storey locations and/or outside normal business hours may incur additional charges.
6.4 All delivery charges shall be paid by the customer.
6.5 Where Uplifting provides trial or sample goods, the customer is liable for all freight delivery, goods returns or associated charges, which shall be paid by the customer in advance of the trial goods delivery, unless Uplifting waives freight charges in writing before the commencement of the trial.
RETURN OF GOODS AND ORDER CANCELLATIONS
7.1 No goods shall be accepted for return without Uplifting’s prior written approval.
7.2 All returned goods, order cancellations and/or requests for credit are subject to a 25% re-stocking fee.
7.3 All returned goods or order cancellations must be accompanied by a written request for credit, quoting either the original purchase order number for an order cancellation or an invoice number for a return, together with the reasons for the return.
7.4 Claims for short delivery or incorrect supply must be made within seven days of receipt of goods.
7.5 Credits will not be issued for any products that are either soiled, damaged, missing parts, not in original packaging, returned outside 30 days of delivery, or made to custom configurations.
7.6 Custom configurations include all special orders, on-site joinery, non-stock monitor arms and non-stock finishes or fabrics.
LIMITED LIABILITY
8.1 Uplifting hereby excludes to the extent permitted by law any liability arising for consequential loss or damage caused by, or arising out of, the use of the goods or occurring in respect of the goods.
8.2 Liability is also excluded for any loss, injury or damage arising from fire, accident, industrial dispute, civil disturbance or any other act of accidental default interfering with the manufacture, dispatch or delivery of goods beyond the control of Uplifting.
PROPERTY AND RISK
9.1 Upon delivery the goods shall be ex works at the customer’s risk.
9.2 Nevertheless, both the legal and equitable title to the goods will remain with Uplifting until Uplifting has received payment for the full purchase price.
9.3 Where payment is to be made by installments, the title in respect of all the goods supplied shall not pass to the customer until the full purchase prices has been paid.
9.4 Until full payment has been made, the customer will hold the goods in a fiduciary capacity for Uplifting, separate from any other assets and clearly identified as Uplifting’s property.
9.5 Where the customer defaults in its obligations, Uplifting will have the right for its employees, servants or agents to enter without notice and remove the goods and such entry shall not give right to any action or trespass or similar action.
9.6 Notwithstanding the above, customers may dispose of goods in the ordinary course of business in good faith and for valuable consideration. In such case the funds so generated are deemed to be held in trust for Uplifting.
GOVERNING LAW
10.1 These terms and conditions of sale in all respects shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia.
