Terms of Trade
1.1 “Supplier” means Woodwrights trading under Acorn Furniture Group Limited, its successors and assigns or any person acting on behalf of and with the authority of Acorn Furniture Group Limited.
1.2 “Buyer” means the person/s buying the Goods as specified in any invoice, document or order, and if there is more than one Buyer is a reference to each Buyer jointly and severally.
1.3 “Goods” means all goods supplied by the Supplier to the Buyer at the Buyer’s request from time to time.
1.4 “Purchase Order” means an order of Goods or Services by the Buyer (by whatever means, including orally, in writing or by electronic means).
1.5 “Purchase Order Confirmation” means the confirmation by the Supplier (by whatever means, including orally or in writing or by electronic means) of a Purchase Order issued by the Buyer for Goods or Services, and if no specific confirmation is provided by the Supplier in respect of an order, the delivery of the relevant Good or provision of the relevant Service shall constitute confirmation for the purposes of this definition.
1.6 “Price” means the Price payable, this includes freight for Goods as agreed between the Supplier and the Buyer in accordance with clause 4 below.
1.8 “Services” means services supplied by the Supplier to the Buyer at the Buyer’s request from time to time.
2.1 The Buyer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Buyer places an order for or accepts delivery of Goods or the provision of Services.
2.2 These terms and conditions may only be amended with the consent of both parties in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Buyer and the Supplier.
3. Purchase Order
3.1 The Buyer may submit Purchase Orders to the Supplier from time to time.
3.2 Upon receipt of a Purchase Order, the Supplier may confirm the Purchase Order by way of a Purchase Order Confirmation which may (depending on the nature of the Purchase Order Confirmation) specify the volume of the Goods to be supplied or details of the Services to be provided, the anticipated delivery time, shipping terms and any other specifications in relation to the Goods or Services as the Supplier may consider appropriate.
3.3 Unless otherwise agreed in writing by the Supplier, once a Purchase Order has been confirmed by way of a Purchase Order Confirmation, the Buyer may not cancel the Purchase Order and is bound to pay the Price.
3.4 Once a Purchase Order has been confirmed by way of a Purchase Order Confirmation from the Buyer to the Supplier, the Buyer must pay a 65% deposit (equating to 65% of the total Purchase Order Price, including GST). Unless otherwise agreed in writing by the Supplier.
4.1 At the Supplier’s sole discretion, the Price shall be either:
(a) as indicated on any Purchase Order Confirmation or invoice provided by the Supplier to the Buyer; or
(b) the Supplier’s quoted price (subject to clause 4.2) which will be valid for the period stated in the quotation or otherwise for a period of sixty (60) days.
4.2 The Supplier reserves the right to change the Price if a variation to a quotation or Purchase Order is requested.
4.3 Time for payment for the Goods or Services being of the essence, the Price will be payable by the Buyer:
(a) if the Buyer receives a valid tax invoice on or before the 3rd Business Day of the month, the Buyer must pay that tax invoice by the 20th calendar day of that month; or
(b) if the Buyer receives a valid tax invoice after the 3rd Business Day of the month the Buyer must pay the tax invoice by the 20th calendar day of the month following the month it is received.
4.4 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, or by any other method as agreed to between the Buyer and the Supplier.
4.5 Unless otherwise stated the Price does not include GST. In addition to the Price the Buyer must pay to the Supplier an amount equal to any GST the Supplier must pay for any supply by the Supplier under this or any other agreement for the sale of the Goods or the provision of Services. The Buyer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Buyer pays the Price. In addition, the Buyer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
5. Delivery of Goods or Services
5.1 Delivery (“Delivery”) of the Goods or Services is taken to occur at the time that:
(a) the Supplier (or the Supplier’s nominated carrier) delivers the Goods to the Buyer’s nominated address even if the Buyer is not present at the address; or
(b) the Services are performed by the Supplier.
5.2 The Buyer must take delivery by receipt or collection of the Goods whenever they are tendered for delivery. In the event that the Buyer is unable to take delivery of the Goods as arranged then the Supplier shall be entitled to charge a reasonable fee for redelivery and/or storage.
5.3 Delivery of the Goods to a third party nominated by the Buyer is deemed to be delivery to the Buyer for the purposes of this agreement and may (at the Supplier’s sole discretion) incur a delivery surcharge.
5.4 Any time or date given by the Supplier to the Buyer for the delivery of Goods or the provision of Services is an estimate only. The Buyer is required to accept delivery of the Goods or Service even if such delivery occurs after the estimated date. The Supplier will not be liable for any loss or damage incurred by the Buyer as a result of Goods or Services being delivered after the estimated delivery date.
6.1 Risk of damage to or loss of the Goods passes to the Buyer on Delivery and the Buyer must insure the Goods on or before Delivery.
6.2 If any of the Goods are damaged or destroyed following Delivery but prior to ownership passing to the Buyer, the Supplier is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Supplier is sufficient evidence of the Supplier’s rights to receive the insurance proceeds without the need for any person dealing with the Supplier to make further enquiries.
7. Fabric Risk
7.1 In respect of Goods purchased, the Buyer acknowledges and accept that:
(a) whilst fabric manufacturers make every effort to match dye lots, colours or shade may vary between batches of product and/or between sales samples and actual product supplied; and
(b) fabric manufacturers cannot guarantee to produce perfectly uniform patterned product, therefore there is no guarantee that patterned product will match perfectly when used in furnishings; and
(c) the manufacturing process for furnishings may require seams and cross-joins and that the appearance of these may be affected by light source and in particular the construction of the chosen product.
8. Timber Risk
8.1 Timber is a natural product and as such may exhibit variations in texture, shade, colour, surface, finish, markings, veining, and contain natural fissures, occlusions, and indentations. Whilst the Supplier will make every effort to match sales samples to the finished Goods the Supplier accepts no liability whatsoever where such samples differ to the finished Goods supplied.
8.2 Timber is a hydroscopic material subject to expansion and contraction, therefore the Supplier will accept no responsibility for gaps that may appear in Goods during prolonged dry periods.
8.3 The Buyer acknowledges that Goods supplied may:
(a) fade or change colour over time; and
(b) expand, contract or distort as a result of exposure to heat, cold, weather; and
(c) mark or stain if exposed to certain substances; and
(d) be damaged or disfigured by impact or scratching.