Trading Terms - Mesh Furniture

1 Definitions and Interpretation

In these terms and conditions unless the context otherwise requires:

‘Buyer’ means the person named as the buyer in the sales invoice or quotation and includes their employees and associates
‘Mesh Furniture’ means Mesh Furniture Pty Ltd ABN: 31 630 143 449
‘Goods’ means the items and any services provided by Mesh Furniture to the buyer.
‘Quotation’ means the form, tender or quotation submitted by Mesh Furniture to the buyer, which is subject to these terms and conditions.
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.

2 Quotations

Quotations are valid for (14) days or such other period as advised by Mesh Furniture. A quotation is not to be construed as an obligation to sell but merely an invitation to consider. No contractual relationship shall arise until the buyer’s order has been accepted by Mesh Furniture in writing and / or deposit paid by buyer against a Tax invoice
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.
Mesh Furniture shall not be bound by any condition attached to the buyer’s order or acceptance of the quotation unless Mesh Furniture expressly accepts such conditions in writing to the buyer.
Unless otherwise stated in writing by Mesh Furniture, prices quoted exclude export or interstate wrapping and/ or packing, rubbish removal, product placement, delivery, installation, insurance in transit, creating, handling charges, agents’ charges and any other charges.
Any charge, duty, import or other expenditure which is not applicable at the date of quotation but which is subsequently levied upon Mesh Furniture 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.
Photographs, drawings, images, samples, swatches 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.
Any performance data provided by Mesh Furniture is an estimate only and should be construed accordingly.
Mesh Furniture reserves the right, without notice, to modify by up to 10%, the design and construction of each product within the Mesh Furniture range.
By your acceptance of the Mesh Furniture quote via Quotation, purchase order, email or other, you are also accepting Mesh Furniture terms and conditions without amendment. This acceptance supersedes all previous agreements, discussions, communications, and correspondence with respect to the subject matter between the buyer and Mesh Furniture. Deposit payment is also accepted as agreement of the Mesh Furniture terms and conditions.

3 Terms of payment

Written confirmation and / or 50% deposit is required to secure the order and commence production.
Final payment shall be made within 7 days of notification that products are ready for collection or delivery.
Customer agrees and acknowledges that all deliveries require invoice balance paid in full prior to despatch.
Delivery and Transfer of Title of Goods to Customer shall only be recognised after Crank Furniture has duly collected any monies payable.
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 Delivery & Warehouse Collection

1. Upon acceptance of an order, Mesh Furniture will confirm the period of shipment or delivery and may notify the buyer of any variation from the quoted period.
2. A quoted or planned delivery period is subject to the buyer complying with the final invoice payment being made at least 7 days prior.
3. Mesh Furniture may extend the delivery period if any variation is made or payment delayed by Customer.
4. Delivery times will be arranged with you once goods are ready for despatch. 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.
5. Mesh Furniture will not accept any liability or responsibility for delays in the delivery of goods by third party carriers.
6. Mesh Furniture will not accept any liability or responsibility for damage to pre or post assembled items in the delivery of goods by third party carriers.
7. 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 Mesh Furniture may apply storage fees based on the cubic meter space / dimensions of goods. Mesh Furniture is under no obligation to store items if storage is not available. It is the sole responsibility of the customer to arrange alternative storage if the site is not ready to receive goods. Any client that delays delivery, collection, payment or delivery information in order to prolong the storage of the ordered goods will be charged $90+gst per week per square meter, which will be payable prior to release of goods to cover costs of storage.
8. If Mesh Furniture attempts delivery of the goods and if delivery site is not ready for accepting goods, or non-disclosed access constraints prevent delivery and Mesh furniture is required to return the goods back to its own premises and subsequently re-deliver the goods to the buyer, Mesh Furniture shall be entitled to charge a reasonable fee to recover the additional transport, storage costs & re-delivery costs applicable.
9. Delivery shall be deemed complete when the goods are delivered to the place specified in the quotation or purchase order.
10. Mesh Furniture 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.
11. The buyer can request part deliveries at additional cost.
12. items collected from Mesh Furniture 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 Mesh Furniture warranty.
m. Made to Order: Standard Production & Delivery Lead-time is 14 – 18 weeks. Optional Priority Sea Freight Delivery Option (8 – 12 weeks lead-time) is available at an additional cost.

5 Inspections and Acceptance

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.
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 not withstanding the buyer does not become the owner of the goods until payment in full.
The buyer shall within forty-eight hours of delivery give notice to Crank Furniture of any matter or thing in which the buyer alleges that the goods are not in accordance with the buyer’s order.
Failing such notice and to the extent permitted by statute, the goods and their condition will be deemed as delivered and accepted by the buyer.
Variations in colour & finish will occur in natural products & materials such as stone, timber and leather. No guarantee can be given to exactly replicate the natural features of products displayed in our showroom or online.

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 due immediately.

7 Title

Title of goods and to each part thereof shall not be transferred to the buyer until the total purchase price and any other sums due to Mesh Furniture under these terms and conditions, including any late payment charge and / or storage charges payable hereunder have been duly paid.
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 good faith for Mesh Furniture 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 Mesh Furniture.
iii. The buyer irrevocably authorises Mesh Furniture at any time to enter onto any premises upon which Mesh Furniture’s goods or the buyer’s records pertaining to the goods are stored or held for Mesh Furniture 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.

8 Warranties

Mesh Furniture conducts warranty claims in accordance to Australian consumer law.
Warranty covers the original purchaser against defective workmanship where the structural integrity of the furniture item is not fit for purpose. Mesh Furniture reserves the right to make any necessary variations to the product specifications and product samples shown on its website or showroom to accommodate differences in the component materials used in the furniture item and Mesh Furniture’s manufacturing requirements, including differences in timber grain (both in type and direction), stain colours, upholstery fabric and leather, metal used, finishes on metal and stone elements and other details, including piping, stitching type and colour, handle positioning, hinges, glides, feet, swivel mechanisms, metal thickness, felt pads, fixings and foam. The buyer acknowledges that any such variations are not considered to be defects.
The warranty period commences when all goods have been delivered in accordance with these terms and conditions.
The warranty will be voided if the buyer fails to comply with the broadly defined 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.
Notification of a warranty claim needs to be in writing to mesh@meshfurniture.com.au and accompanied with:

i. Photos of the alleged fault
ii. Supply of all contact numbers /details of the designer/ client; and
iii. A copy of the tax receipt as well as Quote / Purchase Order pertaining to the item.

On receipt of claim, we will assess if the item needs to be inspected on site or if the item is to be returned to Mesh Furniture Warehouse.
Mesh Furniture reserves the right to either repair or replace the item if there is a fault or defect.
To the extent allowed by law any implied warranties including any warranty of merchantability or fitness for a particular purpose are limited.
To the extent allow by law, Mesh Furniture shall not be liable for loss of time, inconvenience, commercial loss, incidental or consequential damages.
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.
Warranty will be voided if a product has been disassembled, modified or repaired by a third party not approved by Mesh Furniture
Warranty does not cover misuse or exposure to extreme environmental conditions including sunlight & rain / water.
Solid timber, Timber veneer joinery and tables, timber seats

i. Warranty period of 1 year 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 faulty.
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.

Upholstered items

i. Warranty period of 1 year 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 manufacturer.
vi. It is the responsibility of the customer / designer 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.

Metal furniture

i. Warranty period of 2 years for structural integrity under ‘normal use’
ii. Chipping and scratches on metal surface (including Powder coating) due to wear and tear are not warranted
iii. Metal Furniture that are not specified for outdoor use but exposed to the elements, knowingly or unknowingly, are not warranted
iv. Metals, Cast Iron and Hand-finished furniture may oxidise and tarnish over time and are not considered manufacturing defects or fault

Natural stone, reconstituted stone materials, laminates, resin, glass, plastics, Perspex & any other material in use are all materials sourced from external and independent suppliers have unique and specific warranty details that can be obtained as required on request. In general, all table tops of any nature or material has 1 Year Warranty. General wear and tear or changes in appearance and performance resulting from being used regularly for its intended purpose are not warranted.
Outdoor, Rattan & Wicker Furniture

i. Limited warranty period of 1 year 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 & Material that fades or breakdown due to exposure to heat / sunlight, UV or moisture / rain / water is not warranted.

Components

i. Broken, missing or ceased components like feet levellers, rubber stoppers and felt pads 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 Mesh Furniture all costs and expenses including reasonable legal fees and costs incurred by Mesh Furniture in exercising any of its rights and remedies; and
Indemnify Mesh Furniture against all loss and damage suffered by Mesh Furniture or its representatives in relation to the default.

10 Copyright of Design

All intellectual property rights in any:

i. Goods (including the design of the goods, drawings and photographs of the goods); and
ii. Materials (including drawings, designs, photographs, samples and specifications):

Provided by Mesh Furniture to the buyer and/or the buyer’s representative;
Published on Mesh Furniture website; and/or
Published on Print or any social media platform maintained by Mesh Furniture, remain the sole property of Mesh Furniture.

The buyer warrants that:

i. It will not use, copy, reproduce, replicate or otherwise exploit any image, product, design or goods, neither authorise a third party to do any of the above

Mesh Furniture products (including, among other things, seek to replicate or republish); or
Any designs, drawings and photographs of the goods & materials (including, among other things, seek to replicate or republish the goods materials), without the express, written licence of Mesh Furniture documented in a separate licence agreement between the parties; and

ii. It will take all prudent steps, including maintaining effective security measures, to protect any and all Mesh Furniture designs, goods, samples & materials from unauthorised use, copying or disclosure.

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.

11 Work site conditions

Access: the buyer undertakes to provide access to the site as necessary within good time.
Mesh Furniture is to give reasonable notice of time of delivery commencement to site.
Mesh Furniture is to advise buyer immediately (within reasonable time) of any problems with access to work / delivery site.
If at its sole discretion Mesh Furniture considers the site to be unsafe in any way, Mesh Furniture 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, equipment, epidemic or pandemic, or any other cause beyond reasonable control of observances to the extent of such prevention, restriction or affection.

13 Personal property securities act 2009 (“ppsa”)

In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the ppsa.
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 Mesh Furniture to the buyer.
The buyer undertakes to duly inform and update Mesh Furniture of any change of circumstances relevant to the goods supplied.
Mesh Furniture 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.
The buyer waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3) (d) and 132(4) of the ppsa.
Unless otherwise agreed to in writing by Mesh Furniture, the buyer waives their right to receive a verification statement in accordance with section 157 of the ppsa.
The buyer must unconditionally ratify any actions taken by Mesh Furniture in order to protect its interest and title in property.
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

The law of the state of New South Wales shall govern these terms and conditions and any contract including them.

15 Return Policy

Mesh Furniture does not cover transport or freight costs incurred with return of any items.
Products specified for return must be itemised and submitted to Mesh Furniture for approval.
Mesh Furniture does not offer refunds for change of mind.
Refunds, Exchange or credit can be offered where goods are faulty, been wrongly described or different to what was ordered.
Mesh Furniture does not Refund or Exchange for any Made to Order or Custom Made Products / Order.

16 Product care – See Care & Maintenance for more details

Mesh Furniture recommends the following product care to maintain your furniture to its optimum level:

i. Dust Furniture regularly and keep it dry
ii. Use warm soapy water for wiping surfaces
iii. Please do not use any harsh chemicals to wipe or clean any surface
iv. Always use a clean soft cotton cloth for wiping
v. Protect Furniture from direct sunlight exposure for long periods of time
vi. Please do not use wax products, unless specified
vii. Please do not expose surfaces to excessive quantities of liquids or moisture, which may absorb into the timber / stone / fabric. This may result in movements of the timber, change in form, permanent stain, cracking or mould

Trading Terms & Conditions