These Terms & Conditions constitute the terms and conditions that apply to products and services sold by CRANK FURNITURE to you.
ANY SALE OF PRODUCTS ARE EXPRESSLY CONDITIONED ON ASSENT TO AND ARE LIMITED TO THESE TERMS. YOUR SIGNATURE ON A CRANK FURNITURE QUOTATION OR YOUR SUBMISSION OF ANY EMAIL OR OTHER WRITTEN DOCUMENT ACCEPTING OR REFERENCING THE QUOTATION SHALL CONSTITUTE YOUR ACCEPTANCE OF CRANK FURNITURE QUOTATION AND THESE TRADING TERMS. ALL TERMS OR CONDITIONS THAT ARE IN ANY WAY INCONSISTENT WITH OR ARE IN ADDITION TO OR DIFFERENT FROM THESE TERMS ARE HEREBY EXPRESSLY REJECTED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NOTHING CONTAINED IN ANY PURCHASE ORDER OR SIMILAR DOCUMENT WILL IN ANY WAY MODIFY OR ADD TO THESE TERMS.
We recognize that there are often several decision-making steps to approve a large order. All of our large order quote pricing is consequently guaranteed for 14 days from the date of the quotation.
All orders for products submitted by you in response to a quotation from CRANK FURNITURE shall be initiated after a signed written letter or email is received from you or your authorized representative confirming your acceptance within 2 working days from the date of the quotation. If CRANK FURNITURE has provided no such quotation or if the quotation is more than 14 days old, your order shall not be binding upon CRANK FURNITURE until accepted by CRANK FURNITURE in writing, and partial shipment of an order shall not constitute acceptance of the entire order. All orders shall specify requested deposit payment for order confirmation, schedule and delivery destination and shall be subject to satisfaction of CRANK FURNITURE’s credit requirements.
CRANK FURNITURE will charge a 20% cancellation fee for order of stocked product as well as Custom Orders, if the order is cancelled more than 48 hours from order acceptance.
CRANK FURNITURE will charge a 50% cancellation fee (or full amount of deposit paid towards order confirmation) for custom orders, if the order is cancelled after 48 hours from order acceptance.
Any other changes or re-scheduling to an accepted order must be mutually agreed upon by the parties in writing, and may require additional fees.
Unless satisfactory credit terms are established by you in advance, payment for made to order product is required prior to product shipment and can be made via Electronic Bank Transfer only.
TRADE TERMS AND CONDITIONS
You shall pay all amounts due to CRANK FURNITURE in AUD dollars, unless otherwise agreed in writing.
CRANK FURNITURE reserves the right to establish or alter credit terms, to delay shipment of orders or to require alternate terms and conditions based upon your payment history. Without limiting the generality of the foregoing, if you fail to pay or if your financial condition becomes impaired or unsatisfactory to CRANK FURNITURE, CRANK FURNITURE may require you to provide satisfactory security and may withhold further deliveries until such security is received.
Any amount payable by you that remains unpaid after the due date will be subject to a late charge equal to FIVE per cent (5%) per month or the maximum rate allowable by law from the due date until such amount is paid. You will reimburse CRANK FURNITURE for reasonable attorneys’ fees and any other costs associated with collecting delinquent payments.
Special orders include both custom merchandise, as well as large volume purchase orders, written specifically for the customer or client. A non-refundable 50% deposit is required for custom and special orders upon acceptance of CRANK FURNITURE’s quotation, and the remaining payment is required prior to product shipment.
All prices payable for products are exclusive of all taxes. You will pay all applicable goods and services taxes, and other taxes, if applicable.
SHIPPING AND HANDLING
Within Australia, CRANK FURNITURE ships all products (including large orders) via specialist furniture removalists. On occasion, we will employ ground shipping courier companies for smaller shipments. For goods in stock, Customer is expected to notify CRANK FURNITURE at least 14 days prior to when order is required to be delivered. Remote delivery locations may require more time. Specialty or custom order shipment times will vary.
All goods will be packaged in the manner determined by CRANK FURNITURE, unless otherwise requested by you and agreed to in writing by CRANK FURNITURE. Large orders are boxed and may be placed on pallets and wrapped for forklift handling. Goods are loaded onto a semi-trailer or a truck and sent to your location. Carriers typically deliver Monday through Friday during daytime hours. Please ensure that your on-site contact is present at the scheduled time of delivery as well as delivery address is suitable for such semi-trailer or trucks. Delivery rescheduling is subject to an additional fee.
Moving, unpacking and assembly of product orders is not included in price, unless agreed in writing by CRANK FURNITURE.
Delivery dates are estimates only as we are dependant on various factors outside our control for timely or committed delivery date and time.
CRANK FURNITURE will not be liable for any damage, loss or expense incurred by you if CRANK FURNITURE does not meet the specified delivery dates. You agree that CRANK FURNITURE may make partial shipments of products, and each product shipment may constitute a separate and independent transaction.
You also agree that if any special or customised order is delayed, CRANK FURNITURE will not be liable for any damage or loss in revenue to client / customer or any third party involved.
CRANK FURNITURE will not be liable for any delay or failure in performance arising out of acts or events beyond its control, including, but not limited to, acts of God, earthquake, fire, flood, acts of civil and military authorities, embargoes, riots, war, terrorism, labour disputes and strikes, product
or supplier shortages, power failures, and interruption of or delay in telecommunications or transportation services.
You may not assign, delegate, or transfer these Terms or any right or obligation hereunder, whether voluntarily or involuntarily, by operation of law or otherwise, without the prior written consent of CRANK FURNITURE, and any attempt by you to assign these Terms without such consent will be null and void. CRANK FURNITURE may assign any of its rights or obligations under these Terms without your consent. Subject to the preceding sentence, these Terms will bind each party and its permitted successors and assigns.
If any provision of these Terms is held to be illegal, invalid or otherwise unenforceable, such provision will be enforced to the extent possible consistent with the stated intention of the parties, or, if incapable of such enforcement, will be deemed to be severed and deleted from these Terms, while the remainder of these Terms will continue in full force and effect.
This Agreement and all matters arising out of or relating to this Agreement will be governed by the internal laws of the State NSW without giving effect to any choice of law rule that would cause the application of
the laws of any jurisdiction other than the internal laws of the State of NSW to the rights and duties of the parties. The U.N. Convention on the International Sale of Goods shall not apply to these Terms or the products sold by CRANK FURNITURE. Except for actions for injunctive or other equitable relief, which may be brought in any court of competent jurisdiction, any dispute regarding these Terms or the products sold by CRANK FURNITURE shall be subject
to the exclusive jurisdiction of NSW state courts (Australia) and the parties agree to submit to the personal and exclusive jurisdiction and venue of these courts.
These Terms shall be deemed to have been drafted by all parties and, in the event of a dispute, neither party shall be entitled to claim that any provision should be construed against the other party by reason of the fact that it was drafted by the other party.
These Terms and any quotation provided by CRANK FURNITURE constitute the complete agreement between the parties and supersede all prior or contemporaneous agreements or representations, written or oral, concerning the subject matter of these Terms. These Terms may not be amended or modified except in a writing signed by a duly authorized representative of each party; no other act, document, usage, or custom will be deemed to amend or modify these Terms.