Quotation and Sale Conditions

We’ve detailed here our basic quotation and sales conditions. If you have any queries, please contact us at Direct Office Furniture.

 

DEFINITIONS AND INTERPRETATION

“DIRECT” means WA Direct Pty Ltd ACN 061 131 806 trading as Direct Office Furniture.

“Contract” means the contract entered into between DIRECT and the Customer.

“Customer” means the party purchasing or offering to purchase Goods from DIRECT pursuant to this Contract, and where there is more than one Cusotmer, the Customer’s convenants and obligations are joint and several.

“GST” means GST under the GST Act;

“GST Act” means A New Tax System (Goods and Services Tax) Act 1999 (as amended); and

“Goods” means the goods manufactured, imported, supplied and / or delivered by DIRECT to the Customer or as the Customer may direct pursuant to this Contract.

“Invoice” means the invoice rendered to the Customer by DIRECT and includes a tax invoice.

“Price” means the price of the Goods and any other fees or charges payable to DIRECT by the Customer as stated in the Contract.

“Quotation” means a quotation, offer or proposal for the sale or supply of Goods by DIRECT to the Customer.

“Supply” & “Tax Invoice” have the meanings specified in the GST Act.

If a provision of the Contract is illegal or unenforceable:

  • if the porvision would not be illegal or unenforceabe if a word or words were emitted, that word or those words are severed;
  • in any other case, the whole provision is severed, and the remainder of the Contract continues in force.

 

CONTRACT

The Contract incorporates the Quotation and Sale Conditions. In the event of any conflict or inconsistency between the Contract documents then the priority of the Contract documents is first, the Quotation, second these Quotation and Sale Conditions.

Unless otherwise stated, Quotation terms are valid and open for acceptance for 14 days from the date thereof.

The date of the Contract shall be the date that DIRECT’s Quotation is accepted by the Customer, or the date that the Customer’s purchase order is confirmed by DIRECT, whichever is the later.

 

PAYMENT, DELIVERY, QUANTITIES

Unless otherwise specified in the Contract, payment of the Price is due on the date of delivery of the Goods or on the date specified in DIRECT’s invoice, whichever is earlier.

Title to the Goods delivered by DIRECT to the Customer will not pass to the Customer until such time as DIRECT has received payment in full of the Price. Notwithstanding anything in this clause, Risk in the Goods shall pass to the Customer at the date of delivery. Where the Contract does not specify a date of delivery fo the Goods, DIRECT shall deliver the Goods supplied shall be of ordinary commercial quality and all standards including but not limited to tolerances of dimension, strength and weight, shall be of such standard as DIRECT generally applies to such type of Goods.

 

GOODS & SERVICES TAX

All prices and amounts expressed or described by DIRECT in the Contract, verbally or in writing are GST exclusive prices.

The price for the supply of the Goods and any other things by DIRECT to the Customer is increased by the amount of the GST liability that DIRECT incurs in making the supply and the amount is payable at the same time as the consideration that is payable in respect of that supply before that increase.

DIRECT will provide the Customer with a tax invoice at the time the Goods are delivered under the Contract, or on request.

 

LIMITATIONS AND EXCLUSIONS

DIRECT shall not be liable for any direct, consequential, indirect or other loss or damage, includingwithout limitation loss of profit, revenue, market share, goodwill or anticipated savings arising as a result of any delay in delivery of the Goods or any faults in the Goods.

Apart from the warranties expressly set out in this agreement, to the maximum extent permitted by law all other implied, statutory or other warranties whatsoever are expressly excluded, and DIRECT’s liability for breach of any such statutory warranty is limited to the repair or replacement of the Goods, the cost of having the relevant Goods repaired or replaced, or the cost of obtaining equivalent Goods, at DIRECT’s discretion provided that in all such cases freight costs and costs of dismantling and reassembly shall be borne by the Customer.

 

PPSA

The Customer acknowledges that under the Personal property Securities Act 2009 (Cth) (PPSA) clause 3 creates a purchase money security interest in the Goods that is registrable under the PPSA and that DIRECT intend to register their security interest on the Personal Property Security Register.

The Customer shall do such further acts and things and sign such further documents as are reasonably necessary to register DIRECT’s security interest in the Goods under the PPSA, and the Cusotmer appoints DIRECT as its attorney to sign such further documents as may be so required.

The parties agree to exclude the operation of ss. 95, 11(4), 130, 132(3)(d), 132(4), 135 and 143 of the PPSA. The Cusotmer waives its right under s.157 of the PPSA to receive notice of any verification of any registration. Words and phrases defined in the PPSA have the same meaning in these conditions.

 

APPLICABLE LAW

This Contract shall be deemed to have been made in Western Australia and is goverened by the law of Western Australia. The parties agree to submit to the non-exclusive jurisdiction of the courts of Western Australia.

 

FORCE MAJEURE

DIRECT is not liable to the Customer for default or delay in performing its obligations under the Contract caused by any event which could not be avoided by the taking of reasonable precautions including, without limitation, fire, strike, industrail disturbance, riot, war, act of God and governmental order or regulation (whether known to the party at the tine of contract or not), PROVIDED THAT DIRECT gives written notice thereof to the Customer within 7 days of DIRECT becoming aware of the commencement of that occurrence. The obligations of DIRECT are suspended for the period that the Force Majeure event prevents the performance of its obligations under the Contract. If the Force Majeure event continues for more than three (3) months then the Contract comes to an end, both parties are relieved from further performance and the Customer is only obliged to pay for those Goods which have been delivered.

 

DISPUTES

If a dispute or difference (hereafter called a ‘dispute’) arises in relation to any matter or issue concerning the Contract, either party may refer the dispute to mediation by the Institute of Arbitrators & Mediators, Australia, with the costs of the mediation, either party may refer the matter to arbitration under the IAMA Arbitration Rules.

 

WARRANTY

Please see our website: www.directoffice.com.au for full warranty details.