terms and conditions
Grazia & Co ABN: 28 143 314 589
1. Definitions and Interpretation
In these terms and conditions unless the context otherwise requires:
a. ‘Buyer’ means the person named as the Buyer in the Sales Invoice or Quotation.
b. ‘Grazia & Co’ means Grazia and Co Pty Ltd as Trustee for the G Materia Family Trust ABN: 28 143 314 589
c. ‘Goods’ means the items and any services provided by Grazia & Co to the Buyer.
d. ‘Quotation’ means the form, lender or quotation submitted by Grazia & Co to the Buyer which is subject to these terms and conditions.
e. The expression ‘Person’ includes an individual, the estate of an individual, a body politic, a corporation, an association (incorporated or unincorporated) and a statutory or other authority.
a. Quotations are valid for (30) days or such other period as advised by Grazia & co. A quotation is not to be construed as an obligation to sell but merely an invitation to treat and no contractual relationship shall arise until the Buyer’s order has been accepted by Grazia & Co in writing.
b. Any special conditions specified as such on a Quotation or Sales invoice shall, to the extent that they are inconsistent with these terms and conditions take precedence over these terms and conditions.
c. Grazia & Co shall not be bound by any condition attached to the Buyer’s order or acceptance of the Quotation unless such conditions are expressly accepted by Grazia & Co in writing to the Buyer.
d. Unless otherwise stated in writing by Grazia & Co, prices quoted exclude export or interstate wrapping and/ or packing, delivery, installation, insurance in transit, creating, handling charges, agents’ charges and any other charges.
e. Any charge, duty, import or other expenditure which is not applicable at the date of Quotation but which is subsequently levied upon Grazia & Co in relation to the Quotation as a result of the introduction of any legislation or government policy shall be charged to the Buyer’s account.
f. Photographs, drawings, images and dimensions and any other particulars accompanying, associated with or given in descriptive literature or a catalogue, approximate the goods offered but may be subject to alteration without notice.
g. Any performance data provided by Grazia & Co or manufacturer is an estimate only and should be construed accordingly.
3. Terms of Payment
a. Written confirmation with a 50% deposit is required to secure the order and commence production.
b. Final Payment shall be made within 7 days of notification that products are ready for collection or delivery.
c. The Customer agrees and acknowledges that all deliveries require invoice balance paid in full prior to despatch.
d. Payment shall only be recognised after any monies payable have been duly collected by Grazia & Co.
e. Failure to make payment within 30 days of notice of that product is ready for collection/dispatch will be deemed a Buyers Cancellation in accordance with clause 6.
4. Inspection and Acceptance
a. Grazia & Co reserves the right, without notice, to modify by up to 10%, the design and construction of each product within the ‘Grazia & Co’ range.
b. The Buyer shall inspect all goods upon delivery. Accepting the goods is an acceptance of the condition in which they are delivered. If the goods are damaged when delivered, the Buyer must refuse goods.
c. The Buyer shall within forty-eight hours of delivery give notice to Grazia & Co of any matter or thing in which the Buyer alleges that the goods are not in accordance with the Buyer’s order.
d. Failing such notice and to the extent permitted by statute, the goods and their condition shall be deemed to have been delivered and accepted by the Buyer.
e. Variations will occur in natural products such as stone, timber and leather. No guarantee can be given to exactly replicate the natural features of products displayed in their showroom or online.
a. Upon acceptance of an order, Grazia & Co may confirm the period of shipment or delivery and must notify the Buyer of any variation from the quoted period.
b. A quoted delivery period will only commence on the date the Buyer makes final invoice payment.
c. Grazia & Co may extend the delivery period if any variation is made.
d. Delivery times will be arranged with you once goods are ready for despatch. The freight charge covers a single delivery at ground level during normal weekday delivery hours. Prior to delivery please provide us with full written details of any difficulty to access e.g. stairs, delivery dock, lift etc. We reserve the right to charge additional costs for unusual access not advised in writing.
e. Grazia & Co will not accept any liability or responsibility for delays in the delivery of goods.
f. Grazia & Co will not accept any liability or responsibility for damage to pre or post assembled items in the delivery of goods.
g. If the goods are ready by the original requested date and the buyer is not ready to receive the goods or due to any act or omission causes delay to the delivery, than in addition to any other rights Grazia & Co may apply storage fees based on the cubic meterage of the goods.
h. Delivery shall be deemed to be made when the Goods are delivered to the place specified in the Quotation or Purchase Order.
i. Grazia & Co reserves the right to make part deliveries of any order and each part delivery shall constitute a separate sale of goods upon these terms and conditions and may be invoiced separately
j. The Buyer can request part deliveries at additional cost to an additional delivery fee.
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.
c. The Buyer irrevocably authorises Grazia & Co at any time to enter onto any premises upon which:
i. Grazia & Co’s goods are stored or held for Grazia & Co to inspect on request from the Buyer.
ii. If the Buyer is in default under these Terms and Conditions, to reclaim the goods.
iii. The Buyer’s records pertaining to the goods are held, to inspect and copy such records.
d. The risk in the Goods shall pass to the Buyer upon delivery. Buyer accepts the responsibility for insurance from that time notwithstanding the Buyer does not become the owner of the Goods until payment in full.
e. If Grazia & Co attempts delivery of the Goods and it is discovered that the delivery site is not ready for installation of the Goods, or non-disclosed access constraints prevent delivery and Grazia & Co is required to return the goods back to its own premises and subsequently re-deliver the Goods to the Buyer, Grazia & Co shall be entitled to charge a reasonable fee to recover the additional transport and storage costs.
a. The warranty period commences when;
i. All goods have been delivered, accepted by the Buyer.
ii. Where required, the installation has been signed off by the Buyer’s representative.
iii. Grazia & Co warrants its products dependant upon furniture type, style and application. Refer to table below:
|Commercial Use||Residential Use|
|Standard warranty of 1 year, up to 2-year warranty depending on item.||Standard warranty of 1 year, up to 3 years depending on item.|
b. Warranty periods apply to structural workmanship only and are subject to normal commercial and residential conditions.
c. The warranty does not cover upholstery, (if applicable to the item). A separate warranty should be obtained from the textile supplier.
d. For a warranty query, a Grazia & Co representative will conduct an inspection of any item questioned within the warranty period to assess the nature and grounds of fault. Any items that have been vandalised, misused, stolen, altered, placed in extreme UV environments or normal wear and tear will not be covered by the warranty.
e. Grazia & Co will repair or replace with a comparable product any product, or component which has failed within the warranty period. This warranty extends only to the original purchaser. Natural variations occurring in wood, marble and leather are not considered defects. Grazia & Co does not warrant the colourfastness or matching of colours, grains or textures of these natural materials or textiles.
f. To the extent allowed by law any implied warranties including any warranty of merchantability or fitness for a particular purpose are limited. Grazia & Co shall not be liable for loss of time, inconvenience, commercial loss, incidental or consequential damages.
g. The Buyer may be required to supply a proof of purchase. This is at Grazia & Co’s discretion.
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 can not 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.
d. A refund, administration and restocking fee equal to 30% of the order will apply
e. A request to return must be submitted to Grazia & Co in writing within 48 hours of receiving the items.
f. Returned items must be unused and in original condition.
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.
17. Environmental Position
In accordance with their environmental position, Grazia & Co will where possible ensure their business practices are environmentally friendly and sustainable. This includes:
a. Grazia & Co does not use packaging or boxing on any of their products