The following are the EZFurn (Proprietors - Import Industries Unit Trust and The Chile Oz Family Trust) ABN: 29 818 538 225 Terms of Trade ("the Terms".). You ("the Buyer") will be bound by these Terms when EZFurn supplies goods to you in response to an order made by you. "Goods" shall mean all products and or services supplied by EZFurn to you from time to time.
1. Continuance of these Terms
The Terms will continue in force until EZFurn advises you of any changes to them. If you order goods after EZFurn has advised you of a change to these Terms, you will be bound by the amended Terms.
2. Quotes by EZFurn
Unless otherwise agreed, a quote provided by EZFurn will be open for acceptance during the period specified in the quotation or, if no period is stated, within 14 days.
EZFurn may, for any reason, decide not to supply the goods or some of the goods ordered but it must advise you within 7 days after it receives your order. If it does so, EZFurn shall not be liable to you for any loss or damage suffered as a result of EZFurn non-supply of the ordered goods.
4. Delivery/Availability Ex Factory
Unless a date or time for availability of goods is agreed in writing, EZFurn agrees to use its best endeavours to make available the goods ordered by you within 2 working days of receipt of your order. However, EZFurn shall not be liable for any losses and or damages occasioned to you arising from such late or non-delivery. Unless agreed otherwise, EZFurn will make available the goods ordered by you between the hours of 8:00 am - 4:00 pm Monday to Friday (excluding public holidays). If agreed delivery dates are extended through no fault of EZfurn, EZFurn reserves the right to seek full payment of the goods and/or storage fees of the goods.
5. Delivery by Instalments
EZFurn may, at its option, deliver to you the goods ordered by you in any number of instalments. If EZFurn delivers in instalments and any one of those instalments contains defective goods: (a) it is not a repudiation of the contract of sale of the goods; and (b) the defective instalment is not a severable breach and may, subject to these terms, give rise to a claim for replacement of the defective goods.
6. Receipt of Order
You agree that you will check each order immediately upon receipt of the order and you will notify EZFurn at that time of any shortage in quantity of goods delivered. You expressly discharge EZFurn from any liability whatsoever (including but not limited to any claim for negligent misstatement or breaches of the Trade Practices Act 1974) arising out of a shortage of goods delivered if notification of the shortage of goods has not been made to EZfurn at the time of receipt of the order.
7. Description of the Goods
The descriptions, illustrations and performance data contained in the website, price lists and other advertising matter, do not form part of the contract of sale of the goods or of the description applied to the goods.8.
8. Inspection & Return of Defective Goods
You agree to notify EZFurn forthwith upon becoming aware of any defects in any of the goods delivered. You expressly discharge EZFurn from any liability whatsoever (including but not limited to any claim for negligent misstatement or breaches of the Trade Practices Act 1974) arising out of a delivery of defective goods if notification of the defect/s has not been made to EZFurn within 7 days of delivery of the goods. Where notification of an alleged defect in goods has been made within 7 days of delivery of the allegedly defective goods and EZFurn is satisfied that the goods are defective, EZFurn will replace the goods with equivalent goods, provided the identified defects have arisen solely from faulty materials and/or workmanship on the part of the manufacturer and this will be the limit of EZFurn liability with respect to any defective goods. EZFurn will not accept responsibility for any goods that have been damaged as a result of mistreatment, inattention, interference and/or malicious damage. The return to EZFurn of goods alleged by you to be defective without EZfurn written consent will not in any way affect your obligation to pay for the goods in accordance with these Terms.
9. EZFurn Liability
Except as provided in these Terms, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the goods for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are expressly excluded to the extent allowed by relevant laws. EZFurn is not liable for financial loss or damage or for consequential loss or damage of any kind arising out of the supply, installation or operation of the goods or arising out of EZFurn’ negligence or breach of its contract to supply the goods in any way whatsoever.
Our products either carry a 12 mth or 24 mth warranty. Should the goods prove to be defective within this period, and provided that the damage is not due to the use or misuse of the goods or from fair wear and tear, EZFurn will at its discretion, replace or repair defective goods free of charge.
Variations in fabric die lots, timber grain, shade and/or colour of goods supplied, particularly where surfaces are veneered with natural timbers, shall not be regarded as a fault and no claims will be entertained in respect of it.
Full payment is required upon order placement unless otherwise arranged. Payment can be made via EFT or Credit Card (Visa, MasterCard).
11. Replication of Goods
You agree that neither you nor your employees or agents will replicate or attempt to replicate any goods supplied by EZFurn.
The risk in the goods passes to you upon delivery of the goods to you or your agent, including shipping or transport agent as arranged by you.
13. Passing of Title
EZFurn remains the owner of the goods delivered to you until all money owed to EZFurn by you is paid in full. You acknowledge that you are a bailer of the goods until such time as property in them passes to you in accordance with this clause. You grant EZFurn the irrevocable right to enter onto premises in which EZFurn goods are stored to inspect and/or remove them at any time and for whatever reason, and if the goods are sold, you agree to grant EZFurn access to your records that evidence the sale of the goods and treatment of any sale proceeds. Pending the passing of title to you in accordance with this clause you: (a) must not allow any person to have or acquire any security interest in the goods, and (b) must insure the goods for their full insurable or replacement value (whichever is the higher) with an insurer licensed or authorised to conduct the business of insurance in the state where you carry on business; and (c) must not remove, deface or obliterate any identifying plate, mark or number on any of the goods.
No order may be cancelled except with consent in writing and on terms which will indemnify EZFurn against any losses suffered by EZFurn.
15. Continuance of these Terms
The Terms will continue in force until EZFurn advises you of any changes to them. If you order goods after EZfurn has advised you of a change to these Terms, you will be bound by the amended Terms.
You agree to indemnify EZFurn from and against any and all loss, damage or liability (whether criminal or civil) suffered by EZFurn as a result of any breach of the Terms by you including any act of negligence or default by you or your employees and/or agents.
17. Place of Contract
The contract for sale of the goods is made in the state of Queensland, Australia from which this document is issued. The parties shall submit all and any disputes arising between them to the courts of such state and any court competent to hear appeals from those courts of the first instance.
Damage in Transit
If EZFurn co ordinates the freight under instructions by the customer, all freight costs are inclusive of insurance against damage. EZFurn will not be responsible for damage in transit if the customer co ordinates the freight by providing their carrier. All insurance claims are between you and the relevant carrier unless such damage has been caused through negligence on the part of EZFurn.
19. Delivery & Installation
Freight prices are based on Mon. - Fri. business hours with delivery to ground floor. Delivery to multi-storey locations may incur additional cost. The placement, assembly and/or de-bagging of stock is not included in these fees however is available upon request at an additional cost. Site must be clear and free from obstruction and unrestricted lift facilities, if required, must be available at no charge.
For all indent orders, EZFurn will require the 30% deposit payment to activate the order. We then require a further 50% progress payment at Bill of Lading with the balance due when the stock arrives. Such deposit and progress payments will be held by EZFurn until the completion and delivery of the order and shall only be deducted and or applied against the final invoice's.