trading terms & conditions - mesh furniture
trading terms & conditions
these terms & conditions constitute the terms and conditions that …
these terms & conditions constitute the terms and conditions that apply to products and services sold by mesh furniture to you. any sale of products is expressly conditioned on assent to and is limited to these terms. your signature or reply email confirmation on a mesh furniture quotation or your submission of any email or other written document accepting or referencing the quotation shall constitute your acceptance of mesh furniture quote and these trading terms. all terms or conditions that are in any way inconsistent with or are in addition to or different from these terms are hereby expressly rejected. without limiting the generality of the foregoing, nothing contained in any purchase order or similar document will in any way modify or add to these terms.
we recognize that there are often several decision-making steps to approve a large order. our quotes and prices is consequently guaranteed for 14 days from the date of the quotation
production of your order for products submitted by you in response to a quotation from mesh furniture shall be initiated after a signed written letter or email is received from you or your authorized representative confirming your acceptance along with required deposit payment. if mesh furniture has provided no such quotation or if the quotation is more than 14 days old or a deposit is not received on a required date as stated on an invoice, your order shall not be binding upon mesh furniture and will not constitute acceptance of an order.
20% cancellation fee for order of stocked product if the order is cancelled after 48 hours from order acceptance.
50% cancellation fee (or full amount of deposit paid towards order confirmation) for custom orders, if the order is cancelled after 48 hours from order acceptance.
any other changes or re-scheduling to an accepted order must be mutually agreed upon by the parties in writing, and may require additional fees.
unless satisfactory credit terms are established by you in advance and accepted by mesh furniture in writing, payment for all orders is required prior to product shipment and delivery.
other terms and conditions
you shall pay all amounts due to mesh furniture in aud dollars, unless otherwise agreed in writing.
mesh furniture reserves the right to establish or alter credit terms, to delay shipment of orders or may require to alter terms and conditions based upon your payment history. without limiting the generality of the foregoing, if you fail to pay or if your financial condition becomes impaired or unsatisfactory to mesh furniture, you may be required to provide satisfactory security and may withhold further deliveries until such security is received.
any amount payable by you that remains unpaid after the due date will be subject to a late charge equal to five per cent (5%) per month or the maximum rate allowable by law from the due date until such amount is paid. you will reimburse mesh furniture for reasonable attorneys’ fees and any other costs associated with collecting delinquent payments.
special orders include both custom merchandise, as well as large volume purchase orders, written specifically for the customer or client. a non-refundable 50% deposit is required for custom and special orders upon acceptance of mesh furniture’s quotation, and the remaining payment is required prior to product shipment & delivery.
taxes, if any, are always mentioned separately on your quote / invoice.
shipping and handling
within Australia, mesh furniutre ships all products (including large orders) via specialist furniture removalists. on occasion, we will employ ground shipping courier companies for smaller shipments. for goods in stock, customer is expected to notify mesh furniutre at least 14 days prior to when order is required to be delivered. remote & regional delivery locations may require more time. specialty or custom order shipment times will vary.
all goods will be packaged in the manner determined by mesh furniture, unless otherwise requested by you and agreed to in writing by mesh furniture. large orders are boxed or packed in crates and may be placed on pallets and wrapped for forklift handling. goods are usually loaded onto a semi-trailer or a truck and sent to your location. this requires you, as a client, to ensure such trucks have access and parking facility at your location. carriers typically deliver monday through friday during daytime hours. please ensure that your on-site contact is present at the scheduled time of delivery as well as delivery address is suitable for such semi-trailer or trucks. delivery rescheduling is subject to time availability and an additional fee.
delivery, un-loading, unpacking, rubbish removal and assembly of product orders is not included in price, unless agreed in writing by mesh furniture. usually, costs associated with these services are priced separately and will appear on your quote and / or invoice.
delivery dates are estimates only as we are dependant on various factors outside our control for timely or committed delivery date and time.
mesh furniture will not be liable for any damage, penalty, loss of income or expense incurred by you if mesh furniture does not meet the specified delivery dates. you agree that mesh furniture may make partial shipments of products, and each product shipment may constitute a separate and independent transaction / cost.
you also agree that if any special or customised order is delayed, under no circumstances will mesh furniture be liable for any damage or loss in revenue to client / customer or any third party involved.
returns & exchanges
we want our customers to love their purchase and enjoy them for a long time. that said, a great deal of time and effort have been invested in the design, materials selection and technical build of each product to ensure stability and durability. we know that not every purchase can be a home run, so if for any reason you are dissatisfied with your purchase, please let us know.
before you decide to put in a claim for refund or return, please read product warranty section below.
- products that are faulty and confirmed as faulty by mesh furniture and cannot be repaired, replaced or exchanged with any other suitable option within reasonable period of time: Customer will have the option of full credit or refund. this will be issued via the tender in which original payment was received.
- mesh furniture will offer replacement furniture if both parties agree to replacement of faulty furniture. replacement furniture is only subject to availability of appropriate replacement furniture being available and may require to be re-ordered from supplier. please allow an average lead time of 12 – 14 weeks for such replacements to arrive.
- purchase of ready stock that are not faulty but returned by customer within 14 days of delivery date: 50% re-stocking fee will apply and will be deducted from your refund total.
- in both above situations, return shipping and cost is the sole responsibility of the customer.
- note: returns, refunds and / or exchanges are not accepted on custom / made to order products and products ordered for a specific project.
we encourage you to inspect your delivery upon receipt.
in the unfortunate event that damage has occurred in transit, please do not refuse delivery. instead, note the damages and notify the driver of the damages prior to his departure, if possible. then, contact us immediately via email at firstname.lastname@example.org with supporting evidence (photos of damage) so that we can rectify the damaged shipment. damages and defects must be reported within 48 hours of receipt of your delivery in order to qualify for replacement.
mesh furniture warrants the original purchaser that our products are free of workmanship defects for 1 year from delivery for all framework provided furniture purchased is properly stored, handled, assembled, maintained and used under normal conditions and as specified for use.
note: mesh furniture offers no warranty on any recycled component or materials like rattan, rope, timber and fabric used on any of our furniture.
rust, timber-splits, cracks, fading of material, stain / polish / colour and surface texture, loosening of weave as well as any other wear and tear is a natural characteristics of our furniture, and under no circumstances will any of the above mentioned elements be termed or accepted as defect in material or workmanship.
accessories like feet protector on chairs & stools, nails on furniture and any other product used in construction and assembling of furniture are wear and tear items that may come off with regular use. all such accessories and components (identical or similar) are available for purchase (subject to availability) in order to replace original components.
“defects” are defined as imperfection in workmanship that will impair the use of the product. crank furniture product warranty does not cover:
“defects” are defined as imperfection in workmanship that will impair the use of the product. crank furniture product warranty does not cover:
1) defects caused by improper product storage, handling, assembly, maintenance and use,
2) defects occurring to the product after purchase due to product modification, intentional damage, accident, misuse, abuse, negligence or used under conditions not specified for,
3) normal product wear and tear due to age and / or place/ location of use,
4) labour or assembly of products,
5) variations of colour or texture in our products that are manufactured from natural and / or recycled materials.
6) as many stages in the construction of our furniture involve manual labour, hand finishing and processing, it is an acceptable character for all products to be individually different.
7) minor difference in dimensions, size, colour of yarn, weave, pattern, design, material, fabric or any other element visible on furniture.
if you find a defect in workmanship in any product, part or component excluding what’s stated above, you must report such defect within 48 hours of delivery by email@example.com
mesh furniture may request for additional photos and proof and may also carry out inspection on-site or have goods returned to warehouse for inspection.
if after inspection any such returned product is determined by mesh furniture to breach the warranty set forth herein, mesh furniture, at mesh furniture’s option, repair or replace the product free of charge. replacement or repair of products does not extend its warranty period beyond the original warranty expiration date. warranties are limited warranties and are limited to the original purchaser with proof of purchase.
Except for the limited warranty provided above, mesh furniture makes no express warranties concerning products purchases from mesh furniture. In addition, mesh furniture specifically disclaims any other warranty, including without limitation the implied warranties of merchantability and fitness for a particular purpose.
in no event shall mesh furniture have any liability for any incidental, special, indirect or consequential damages, loss of profits, revenue or cost of cover. in addition, in no event shall the liability of mesh furniture exceed the amount paid by customer for the product principally responsible for such damages. the above limitation of liability shall apply to any damages, however caused and regardless of theory of liability, whether derived from contract, tort (including without limitation negligence) or otherwise, even if mesh furniture has been advised of the possibility of such damages and regardless of whether the limited remedies available hereunder fail of their essential purpose.
mesh furniture will not be liable for any delay or failure in performance arising out of acts or events beyond its control, including, but not limited to, acts of god, earthquake, fire, flood, acts of civil and military authorities, embargoes, riots, war, terrorism, labour disputes and strikes, issues with Shipping lines, port services, product or supplier shortages, power failures, and interruption of or delay in telecommunications or transportation services.
you may not assign, delegate, or transfer these terms or any right or obligation hereunder, whether voluntarily or involuntarily, by operation of law or otherwise, without the prior written consent of mesh furniture, and any attempt by you to assign these terms without such consent will be null and void. mesh furniture may assign any of its rights or obligations under these terms without your consent. subject to the preceding sentence, these terms will bind each party and its permitted successors and assigns.
if any provision of these terms is held to be illegal, invalid or otherwise unenforceable, such provision will be enforced to the extent possible consistent with the stated intention of the parties, or, if incapable of such enforcement, will be deemed to be severed and deleted from these terms, while the remainder of these Terms will continue in full force and effect.
this agreement and all matters arising out of or relating to this agreement will be governed by the internal laws of the state nsw without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the state of nsw to the rights and duties of the parties. the u.n. convention on the international sale of goods shall not apply to these terms or the products sold by mesh furniture. except for actions for injunctive or other equitable relief, which may be brought in any court of competent jurisdiction, any dispute regarding these terms or the products sold by mesh furniture shall be subject to the exclusive jurisdiction of nsw state courts (australia) and the parties agree to submit to the personal and exclusive jurisdiction and venue of these courts.
these terms shall be deemed to have been drafted by all parties and, in the event of a dispute, neither party shall be entitled to claim that any provision should be construed against the other party by reason of the fact that it was drafted by the other party.
these terms and any quotation provided by mesh furniture constitute the complete agreement between the parties and supersede all prior or contemporaneous agreements or representations, written or oral, concerning the subject matter of these terms. these terms may not be amended or modified except in a writing signed by a duly authorized representative of each party; no other act, document, usage, or custom will be deemed to amend or modify these terms.