Terms & Conditions
The following are the EZFurn (Proprietors – Australian Furniture Holdings Pty Ltd ) Terms of Trade (“the Terms”).
You (“the Buyer”) will be bound by these Terms when EZFurn supplies products to you in response to an order made by you. “Products” shall mean all products and or related services supplied by EZFurn to you from time to time.
Continuance of these Terms
The Terms will continue in force until EZFurn advises you of any changes to them. If you order products after EZFurn has advised you of a change to these Terms, you will be bound by the amended Terms.
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
Non-supply
EZFurn may, for any reason, decide not to supply the products or some of the products 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 products.
Delivery/Availability (Ex-Factory)
Unless a date or time for availability of products is agreed in writing, EZFurn agrees to use its best endeavours to make available the products 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 products ordered by you between the hours of 7:00 am – 4:00 pm Monday to Friday (excluding public holidays). If the agreed delivery dates are extended through no fault of EZfurn, EZFurn reserves the right to seek full payment of the products and/or storage fees of the goods.
Delivery by Installments
EZFurn may, at its option, deliver to you the products ordered by you in any number of installments. If EZFurn delivers in installments and any one of those installments contains defective goods: (a) it is not a repudiation of the contract of sale of the products; and (b) the defective installment is not a severable breach and may, subject to these terms, give rise to a claim for replacement of the defective products.
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 products 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 products delivered if notification of the shortage of products has not been made to EZfurn at the time of receipt of the order.
Description of the Products
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 products or of the description applied to the products.
Inspection & Return of Defective Products
You agree to notify EZFurn forthwith upon becoming aware of any defects in any of the products 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 products if notification of the defect/s has not been made to EZFurn within 7 days of delivery of the products.
Where notification of an alleged defect in products has been made within 7 days of delivery of the allegedly defective products and EZFurn is satisfied that the products are defective, EZFurn will replace the products with equivalent products, 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 products.
EZFurn will not accept responsibility for any products that have been damaged as a result of mistreatment, inattention, interference and/or malicious damage. The return to EZFurn of products alleged by you to be defective without EZfurn written consent will not in any way affect your obligation to pay for the products in accordance with these Terms.
Replication of Products
The contract for sale of the products 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.
Delivery & Installation
Freight prices are based on deliveries made from Monday to Friday in normal business hours to loading dock or ground floor entrances only.
Delivery to multi-storey locations will 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.
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 products 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 products or arising out of EZFurn’ negligence or breach of its contract to supply the products in any way whatsoever.
Warranty
Our products either carry a 12 month warranty (Asian products) or a 24 month warranty (Europe products) unless otherwise specified. Should the products prove to be defective within this period, and provided that the damage is not due to the use or misuse of the products or from fair wear and tear, EZFurn will at its discretion, replace or repair defective products free of charge.
Repeat orders
Variations in fabric and vinyl die lots, timber grain, timber stains, shade and/or colour of products 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.
Payment
Full payment is required upon order placement unless otherwise arranged. Payment can be made via EFT, Credit Card (Visa, MasterCard) or cheque
Risk
The risk in the products passes to you upon delivery of the products to you or your agent, including shipping or transport agent as arranged by you.
Passing of Title
EZFurn remains the owner of the products delivered to you until all money owed to EZFurn by you is paid in full.
You acknowledge that you are a bailer of the products 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 products are stored to inspect and/or remove them at any time and for whatever reason, and if the products are sold, you agree to grant EZFurn access to your records that evidence the sale of the products 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 products, and (b) must insure the products 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 products.
Cancellation
No order may be cancelled except with consent in writing and on terms which will indemnify EZFurn against any losses suffered by EZFurn.
Continuance of these Terms
The terms will continue in force until EZFurn advises you of any changes to them. If you order products after EZfurn has advised you of a change to these terms, you will be bound by the amended terms.
No order may be cancelled except with consent in writing and on terms which will indemnify EZFurn against any losses suffered by EZFurn.
Continuance of these Terms
The terms will continue in force until EZFurn advises you of any changes to them. If you order products after EZfurn has advised you of a change to these terms, you will be bound by the amended terms.
Indemnity
You agree to indemnify EZFurn from and against any and all losses, 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.
Freight
Damage in Transit – If EZFurn coordinates the freight under instructions by you, all freight costs are inclusive of insurance against damage.
EZFurn will not be responsible for damage in transit if you co-ordinate the freight by providing your carrier. All insurance claims are between you and the relevant carrier unless such damage has been caused through negligence on the part of EZFurn.