Grazia & Co Trading Terms & Conditions

1. Quotations are valid for 30 days, or such other period as specified in writing by Grazia & Co. A quotation does not constitute an obligation to sell. No contractual relationship shall arise until the buyer’s order has been accepted by Grazia & Co and the quotation has been electronically accepted by the purchaser. 
2. Any special conditions specified 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. 
3. Grazia & Co shall not be bound by any condition attached to the buyer’s purchase order or acceptance of the quotation unless such conditions are expressly accepted by Grazia & Co in writing to the buyer. 
4. Crating, handlings, agent charges and any other charges associated with the freight and exportation. 
5. Any charge, duty, import or other expenditure that is not applicable at the date of quotation, but is subsequently levied upon Grazia & Co in relation to the quotation because of the introduction of any legislation or government policy, shall be charged to the buyer's account. 
6. Photographs, drawings, images, dimensions and any other particulars accompanying or associated with descriptive literature or a catalogue are intended to approximate the goods offered and may be subject to change. 
7. Any performance data provided by Grazia & Co is an estimate only and should be construed accordingly. 
8. 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. 
9. By your acceptance of the Grazia & Co quote via Quotient, purchase order, email or other, you are also accepting the Grazia & Co terms and conditions without amendment. This acceptance supersedes all previous agreements, discussions, communications, and correspondence with respect to the subject matter between the purchaser and Grazia & Co. The deposit payment is also accepted as agreeance of the Grazia & Co terms and conditions.  

1. Written confirmation and electronic acceptance of the Grazia & Co quotation, which include the terms of trade, and a 50% deposit to secure the order and commence production. 
2. Final payment shall be made within 7 days of notification that products are ready for collection or delivery. 
3. The customer agrees and acknowledges that all deliveries require invoice balance paid in full prior to despatch without exceptions.  
4. Payment shall only be recognised after any monies payable have been duly collected by Grazia & Co. 
5. Failure to make payment within 30 days of notice that the product is ready for collection/dispatch will be deemed a buyer's cancellation in accordance with Clause 6.  

1. Upon acceptance of a quotation and deposit received, Grazia & Co will confirm the approximate period of production required and / or delivery. This can vary from what was initially stated in the quotation.  
2. A quoted delivery period is subject to the buyer complying with the final invoice payment being made at least 7 days prior. 
3. Grazia & Co may extend the production period if any variation to the original accepted quotation is made, and a new delivery eta will be advised.  
4. Delivery times will be arranged only when final balance is paid & once goods are ready for despatch. The freight charge covers a single delivery as specified in the accepted quotation, during normal weekday delivery hours. Prior to delivery, full written details of any variables in delivery must be provided to Grazia & Co, this includes, advising of any difficult delivery challenges, such as, stairs, delivery dock restrictions (including height and time slots), lift dimensions, door dimension, ceiling heights and corner / hallway restrictions.  
5. We reserve the right to charge additional costs for unusual access not advised in writing prior to the final invoice being issued.  
6. Grazia & Co will not accept any liability or responsibility for delays in the delivery of goods by third party carriers. 
7. Grazia & Co will not accept any liability or responsibility for damage to pre or post assembled items in the delivery of goods by third party carriers. 
8. 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, then in addition to any other rights, Grazia & Co may apply storage fees.  
9. Grazia & Co is under no obligation to store items if storage is not available. 
10. It is the sole responsibility of the client to arrange alternative storage if the site is not ready to receive goods and Grazia & Co does not have storage available at the time. Any client that delays delivery, collection, payment or delivery information in order to prolong the storage of the ordered goods will be charged $370+GST per month, which will be payable prior to release of goods to cover costs of storage. 
11. The $370 per month storage fee will not be split. It is a flat fee applied to each month entered for storage.  
12. If Grazia & Co attempts delivery but is unable to complete it due to the site being unprepared for installation or undisclosed access constraints preventing delivery, Grazia & Co reserves the right to return the goods to its premises. In such cases, any subsequent re-delivery will incur a reasonable fee to cover additional transport and storage costs, calculated based on the cubic meterage of the goods. Delivery shall be deemed to be made when the goods are delivered to the place specified in the quotation or purchase order. 
13. 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. 
14. The buyer can request part deliveries at additional cost. 
15. Items collected from the Grazia & Co warehouse or showroom must be signed for prior to loading. Any damage, visual or mechanical, that occurs during loading or transit will not be covered by the Grazia & Co warranty.  

1. The buyer shall inspect and sign for 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. 
2. Upon accepting the goods, the risk in the goods shall pass to the buyer and the buyer accepts the responsibility for insurance from that time notwithstanding the buyer does not become the owner of the goods until payment in full. 
3. The buyer shall, within 24 hours of delivery, notify Grazia & Co of any matter or issue in which the buyer alleges the goods do not conform to the buyer’s order. 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. 
4. Variations will occur in natural products such as stone, timber and leather. Colours depicted on our web site or in other digital platforms, including print media can vary in accuracy due to screen settings, lighting and photography filters. We recommend where possible to view items in person prior to delivery.  

1. 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. 
2. There is no cancellation on any custom commissioned pieces that are either partly or fully completed unless agreed to in writing by Grazia & Co.  

1. 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 overdue payment charge payable hereunder has been duly paid.
2. Unless or until such payment is made;
   1. The buyer will hold the goods in showroom condistion 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
   2. The buyer shall store and not use the goods or hold such monies in such manner as to show clearly that they are the property of Grazia & Co
   3. 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 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.

The following warranty terms and conditions do not apply to the Featherston range. For warranty information, please refer to the manufacturer, Gordon Mather Industries).

1. Grazia & Co conducts warranty claims in accordance with Australian consumer law. 
2. Warranty covers the original purchaser against defective workmanship where the structural integrity of the furniture item is not fit for purpose. 
3. Grazia & Co reserves the right to make any necessary variations to the product specifications. Product samples shown on its website or showroom can vary slightly to accommodate differences in the component materials used in the furniture item. Grazia & Co 's manufacturing requirements, including variation in timber grain (both in type and direction), stain colours, upholstery fabric and leather, finishes on metal and stone features and any fillers deemed necessary in working with the stone, piping details, stitching type and colour, handle positioning, Grazia & Co branding label positioning, hinges, glides, feet, swivel mechanisms, felt pads, fixings and foam. The buyer acknowledges that any such variations are not considered to be defects. 
4. The warranty period commences when goods have been delivered in accordance with these terms and conditions. 
5. 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. 
6. Notification of a warranty claim needs to be in writing to [email protected] and accompanied with: 
   1. Photos of the alleged fault 
   2. Supply of all contact numbers /details of the designer/ specifier; and 
   3. A copy of the tax receipt pertaining to the item. 
7. On receipt of the claim we will assess if the item needs to be inspected by an appointed Grazia & Co representative on site or if the item is to be returned to Grazia & Co in Melbourne, Australia. 
8. Grazia & Co reserves the right to either repair or replace the item if there is a fault or defect. 
9. To the extent allowed by law any implied warranties including any warranty of merchantability or fitness for a particular purpose are limited. 
10. To the extent allow by law, Grazia & Co shall not be liable for loss of time, inconvenience, commercial loss, incidental or consequential damages. 
11. 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. 
12. Warranty will be voided if a product has been disassembled, modified or repaired by a third party not approved by Grazia & Co. 
13. Warranty does not cover misuse or exposure to extreme environmental conditions including sunlight. 
14. Refer to separate Care, Maintenance and Warranty document for further detailed information. 

1.  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
   1. 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; and
   2. Indemnify Grazia & Co against all loss and damage suffered by Grazia & Co or its representatives in relation to the default.

1. All intellectual property rights in any:
   1. I. Goods (including the design of the goods, drawings and photographs of the goods); and 
   2. Ii. Materials (including drawings, designs, photographs, samples and specifications): 
      1. Provided by Grazia & Co to the buyer and/or the buyers representative; 
      2. Published on the Grazia & Co website; and/or 
      3. Published on the social media channels maintained by Grazia & Co, remain the sole property of Grazia & Co (“Grazia & Co IP”).
2. The buyer warrants that:
   1. It will not use, copy, reproduce or otherwise exploit (or authorise a third party to do any of those things): 
      1. The Grazia & Co IP (including, among other things, seek to replicate or republish the Grazia & Co IP); or 
      2. Any designs, drawings and photographs of the goods (goods materials) (including, among other things, seek to replicate or republish the goods materials), without the express, written licence of Grazia & Co documented in a separate licence agreement between the parties; and 
      3. It will take all prudent steps, including maintaining effective security measures, to protect all Grazia & Co IP and goods materials provided to it directly by Grazia & Co from unauthorised use, copying or disclosure.
3. For the purposes of this clause “intellectual property rights” means all present and future rights conferred in law in relation to any copyright, trademarks, designs patents, circuit layouts, business and domain names and inventions, throughout the world, whether registrable, registered, or patentable.

1. Access: the buyer undertakes to provide access to the site as necessary within suitable time. 
2. Grazia & Co is to give reasonable notice of time of commencement on site. 
3. Grazia & Co is to advise immediately of any problems with access to the site. 
4. 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. 

If, in the performance or observance of its obligations, equipment, epidemic or pandemic, or any other cause beyond reasonable control of observances to the extent of such prevention, restriction or affection.

1. In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA. 
2. 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. 
3. The buyer undertakes to duly inform and update Grazia & Co of any change of circumstances relevant to the goods supplied. 
4. 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. 
5. The buyer waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3) (d) and 132(4) of the PPSA. 
6. 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. 
7. The buyer must unconditionally ratify any actions taken by Grazia & Co in order to protect its interest and title in property. 
8. 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. 

These terms and conditions and any contract including them shall be governed by the law of the state of Victoria. 

1. Grazia & Co does not cover transport or freight costs incurred with the return of any items locally, interstate or internationally.  
2. Items specified for return must be itemised and submitted for Grazia & Co to approve the identity of the items. 
3. Grazia & Co do not offer refunds for change of mind sales 
4. Refund, exchange or credit can be offered where goods are faulty, been wrongly described or different to what was ordered  
5. Any custom commissions made to designers' specifications cannot be returned or refunded due to end user or designer changing of mind. It is the responsibility of the designer of the custom commission (including variations on existing Grazia & Co design offerings) to manage their client, inspect the progress and final finished product prior to delivery. Grazia & Co will resolve any issues with the party that paid for the goods only.  
6. For international trading terms and conditions please contact Grazia & Co.