6 buyer’s cancellation
all cancellations, be they express or implied shall result in a forfeiture of deposit or if for any reason a deposit has not been received a cancellation fee equal to 50% of the cancelled order will apply and shall be immediately due.
a. title of the goods and to each part thereof shall not be transferred to the buyer until the total purchase price and any other sums due to grazia&co under these terms and conditions, including any late payment charge payable hereunder has been duly paid.
b. unless or until such payment is made;
i. the buyer will hold the goods and any monies received by the buyer in respect of the on sale or disposal of them (or if any part of the whole thereof has been damaged or destroyed, an insurance or other compensation monies received) on trust for grazia&co; and
ii. the buyer shall store the goods or hold such monies in such manner as to show clearly that they are the property of grazia&co.
iii. the buyer irrevocably authorises grazia & co at any time to enter onto any premises upon which grazia & co’s goods or the Buyer’s records pertaining to the goods are stored or held for grazia&co to: 1. inspect the goods; 2. to inspect and copy any records pertaining to the goods; and 3. if the buyer is in default under these terms and conditions, to reclaim the goods.
a. grazia&co conducts warranty claims in accordance to australian consumer law.
b. warranty covers the original purchaser against defective workmanship where the structural integrity of the furniture item is not fit for purpose.
c. the warranty period commences when all goods have been delivered in accordance with these terms and conditions.
d. the warranty will be voided if the buyer fails to comply with the product care terms as set out in sections 16 below or any other special care conditions supplied with the goods at the time of purchase.
e. notification of a warranty claim needs to be in writing to firstname.lastname@example.org and accompanied with:
i. photos showing the alleged fault.
ii. supply of all contact numbers /details of the designer/ specifier; and
iii. a copy of the tax receipt pertaining to the item.
f. on receipt of the claim we will access if the item needs to be inspected by an appointed grazia and co representative on site or if the item is to be returned to grazia&co in melbourne, australia.
g. grazia&co reserves the right to either repair or replace the item if there is a fault or defect.
h. to the extent allowed by law any implied warranties including any warranty of merchantability or fitness for a particular purpose are limited.
i. grazia&co shall not be liable for loss of time, inconvenience, commercial loss, incidental or consequential damages.
j. processing any repairs or replacement will be discussed with the client and put in writing as to an estimated production time that is fair and reasonable and will determined on a claim by claim basis.
k. warranty will be voided if a product has been disassembled, modified or repaired by a third party not approved by grazia&co.
l. warranty does not cover misuse or exposure to extreme environmental conditions including sunlight.
m. solid timber, timber veneer joinery and tables
i. warranty period of 2 years for the structural integrity of the furniture under ‘normal use’
ii. natural materials like solid and veneer timbers can vary in colour, natural figuration and texture. these are not considered faults.
iii. movement, joint separation, bowing as a result of fluctuations in temperature and any damage caused by direct sunlight are not warranted.
iv. day to day use and wear and tear that can cause scratches, expansion, colour changes, chips, burns, splits are not warranted.
v. painted and stained timber can chip. this is not warranted and considered as wear and tear through use of the item.
n. upholstered items
i. warranty period of 7 years for the structural integrity of the furniture under ‘normal use’
ii. the warranty covers the timber and metal frames, the suspension and the foam integrity.
iii. fabric and leather wear and tear are not warranted.
iv. fabric and leather that has faded or broken down due to exposure to sunlight or extreme weather conditions is not warranted.
v. care instructions and warranty claims of fabric to be addressed with the textile supplier or specifier.
vi. It is the responsibility of the specifier and/or supplier that has selected and/or supplied a fabric or leather through 3rd party suppliers to ensure it is free of faults and fit for purpose and application.
o. metal furniture
i. warranty period of 3 years for the structural integrity of the furniture under ‘normal use’
ii. chipping and scratches on powder coated metal due to wear and tear are not warranted
iii. metal pieces that are not specific to outdoor use that are exposed to the elements are not warranted
iv. raw metals oxidise and tarnish over time and not considered faults of manufacture.
p. natural stone, reconstituted stone materials, laminates, resin, glass, plastics and perspex
i. are all materials sourced by external and independent suppliers that have unique and specific warranty details that can be obtained as required on request.
j. broken, missing or ceased attachments like levelling feet, rubber stoppers and felt pads are not warranted. outdoor furniture
i. warranty period of 1 years for the structural integrity of the furniture under ‘normal use’
ii. general wear and tear or changes in appearance and performance resulting from being exposed to the elements are not warranted.
iii. fabric that fades or breakdown due to exposure to sunlight, UV or moisture are not warranted.
9 default of buyer
in the event that the buyer defaults any obligations under this agreement, then in addition to any other payment obligations at law or applicable hereunder the buyer agrees to pay to grazia&co all costs and expenses including reasonable legal fees and costs incurred by grazia&co in exercising any of its rights and remedies.
10 copyright of design
any images, design, drawing, investigations, bills of material, software and general material, etc. carried out by grazia&co specifically associated with the subject of the quotation and displayed on the grazia&co website and social media channels remains the intellectual property of grazia&co and cannot be reused without written consent of grazia&co management.
11 work site conditions
a. access: the buyer undertakes to provide access to the site as necessary within good time.
b. grazia&co is to give reasonable notice of time of commencement on site.
c. grazia&co is to advise immediately of any problems with access to the site.
d. if at its sole discretion grazia&co deem the site to be in anyway unsafe, grazia&co reserves the right to absolve from delivery and the provisions of this agreement in relation to delivery and title shall prevail.
12 force majeure
if in the performance or observance of its obligations grazia&co is prevented, restricted or affected by reason of a force majeure including strike, lock out, industrial dispute, raw material shortage, breakdown of plant, transport or equipment or any other cause beyond reasonable control of grazia&co, grazia&co may in its absolute discretion give prompt notice of such cause to the buyer whereupon grazia&co is excused from such performance or observances to the extent of such prevention, restriction or affection.
13 personal property securities act 2009 (“PPSA”)
a. in this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.
b. upon assenting to these terms and conditions in writing, the buyer acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all goods that have previously been supplied and that will be supplied in the future by grazia&co to the buyer.
c. the buyer undertakes to duly inform and update grazia&co of any change of circumstances relevant to the goods supplied.
d. grazia&co and the buyer agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
e. the buyer waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3) (d) and 132(4) of the PPSA.
f. unless otherwise agreed to in writing by grazia&co, the buyer waives their right to receive a verification statement in accordance with section 157 of the PPSA.
g. the buyer must unconditionally ratify any actions taken by grazia&co in order to protect its interest and title in property.
h. subject to any express provisions to the contrary, nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.
14 governing Law
these terms and conditions and any contract including them shall be governed by the law of the state of victoria.
15 return policy
a. grazia&co does not cover transport or freight costs incurred with the return of any items.
b. items specified for return must be itemised and submitted for grazia co to approve the identity of the items.
c. no returns will be accepted on customised items.
16 product care
a. grazia&co recommends the following product care to maintain your furniture to its optimum level:
i. dusting furniture before cleaning.
ii. soapy water for wiping surfaces.
iii. no harsh chemicals (i.e. acetone).
iv. a clean soft cotton cloth for wiping. v. protection from direct sunlight for long periods of time.
vi. do not use wax products.
vii. do not expose surfaces to excessive quantities of liquids or moisture which may absorb into the timber. this may result in movements of the timber, change in form, cracking or mould.
viii. a small amount of natural movement of the timber is expected as it adapts to the conditions of your home, due to variations in humidity.
ix. a separate warranty relative to the individual fabric can be obtained from the upholstery supplier.
x. grazia&co recommends regularly vacuuming upholstery with soft brush attachments
xi. leather products can be treated with conditioners and cleaners, ensuring strict accordance with cleaning manufacturer's instructions.