Living Timber Terms and Conditions of Sale

General

All products sold by Living Timber Co ABN 14 629 742 472

(Trading as Living Timber Co) are sold subject to the following terms and conditions.

Order and Prices

Living Timber’s catalogues/website are published as sources of general information only, do not constitute contractual offers and are not binding on Living Timber. Living Timber reserves the right to accept orders in whole or in part once Living Timber has accepted an order the customer may not alter or modify the order without the written consent of an authorised employee of Living Timber. Price quotes in published price lists are subject to change without notice and are not binding on Living Timber. The customer agrees to pay freight and insurance charges, goods and services tax (GST) or other taxes required by law to be paid in relation to the products (including the storage and handling charges).

Prices showing on the order are inclusive of GST. The customer will not be entitled to any subsequent price reductions eg. as a result of a promotion. If the customer wishes to take the new prices, the original order must be cancelled and a cancellation fee of 20% of the purchase price shown on the original order will apply.

Payment

All products must be paid in full before delivery. All payments via personal or business cheques are subject to bank clearance before delivery. Without prejudice to any other remedy Living Timber may charge interest on any overdue payments at any annual rate equal to the interest rate charged by Commonwealth Bank on over draught accounts (to accrue from day to day). The customer cannot withhold payment of the full amount if the customer disputes part of an order. The customer indemnifies Living Timber on demand against all costs, charges, expenses and legal cost incurred by Living Timber in recovering sums owed by the customer.

50% of the total order price must be paid in full before the order can commence, which must be paid and received/cleared within 4 business days.

The remaining 50% is due at completion of the order. The customer will be contacted once the order is completed, if no correspondence is made by the customer within 48 hours regarding the receipt of payment, storage fees of 2% of the total remaining balance may be applied each day up until payment is made.

Risk

Risk in the products will pass to the customer on delivery or collection of the products, as the case may be.

All living timber products are hand crafted from recycled/reclaimed timbers, these timbers can be over 100 years old and therefore may be subject to splinters and or imperfections in the timber its self, this Is a risk you as the customer take when placing an order with Living Timber.

All items of furniture manufactured by living timber may have a variance in colouration and in size by upto 10mm over or under said overall size stated on the original order form.

Delivery and Storage

All delivery charges will be the responsibility of the customer, including any additional cost incurred as the result of difficulties with access. Living –

Timber may, at the customers request organise delivery and will provide the customer with a quote for delivery charges. The customer may pay the delivery charges directly to the carrier by cash.

Living Timber deliver dates are in good faith, but does not guarantee those dates. Living Timber will not be liable if it is delayed or prevented from delivering products due to any circumstance of any kind. Customers not available to take delivery on the agreed day will be charged by the carrier for subsequent delivery. Delivery dates will not be varied once they have been agreed without the prior written consent of an authorised employee of Living Timber. If Living Timber agrees to postpone delivery, the products will be stored at the customers risk and expense. Storage costs must be paid in full to Living Timber prior to delivery. Any damage on delivery must be reported to the carrier and the store within 48 hours of delivery. Storage costs are calculated at 2% of the total order cost per day. If no correspondence is made by the customer within 48 hours regarding the receipt of final payment, storage fees of 2% of the total remaining balance may be applied each day up until payment is made.

Pickups

If the customer picks up products from Living Timber’s facility, the customer must inspect the products for damage and completeness at the time of pickup. Living Timber reserves the right to allocate the goods to the next customer waiting if the customer fails to pickup with 7 days after the customer has been notified that the order is available.

Cancellation, Refunds and Change of Mind

Cancellations are subject to a minimum cancellation charge of 40% of the total purchase price to cover loss of value. Refunds will only be accepted if the damage is beyond repair to the product, the damage must be accepted by a qualified Living Timber employee before any refunds can be accepted. If a customer wishes to change their mind on the specifics of their order, a 15% fee of the total original order price will be incurred.

Warranty

Living Timber has a 24 month warranty on all items of furniture, this does not Include any structural damage caused by the customer or any obvious signs of miss use and improper care of the item.

This warranty only applies to products that are used for normal domestic uses and excludes use for commercial purposes.

It is only valid for the original purchase and is not transferable.

Defects on items made known to the customer on products sold on clearance do not hold a warranty.

Defects such as timber splitting, bowing or fading, caused by over exposure to direct sunlight or exposed to any weather conditions will void warranty.

Before any warranty is honoured all items must be inspected and approved by a qualified Living Timber employee.

All freight costs must be paid by the customer If any items are to be returned under warranty for any reason.

Privacy

Living Timber complies with the national privacy principles contained in the privacy act 1988 (CTH).

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