Trading Terms

1 Definitions and Interpretation

In these terms and conditions unless the context otherwise requires:

‘Buyer’ means the person named as the buyer in the sales invoice or quotation and includes their employees and associates
‘Crank Furniture’ means Crank Furniture Company Pty Ltd ABN: 43 142 450 155
‘Goods’ means the items and any services provided by Crank Furniture to the buyer.
‘Quotation’ means the form, tender or quotation submitted by Crank Furniture to the buyer, which is subject to these terms and conditions.
The expression ‘person’ includes an individual, the estate of an individual, a body politic, a corporation, an association (incorporated or unincorporated) and a statutory or other authority.

2 Quotations

Quotations are valid for (14) days or such other period as advised by Crank Furniture. A quotation is not to be construed as an obligation to sell but merely an invitation to consider. No contractual relationship shall arise until the buyer’s order has been accepted by Crank Furniture in writing and / or deposit paid by buyer against a Tax invoice
Any special conditions specified as such on a quotation or sales invoice shall, to the extent that they are inconsistent with these terms and conditions take precedence over these terms and conditions.
Crank Furniture shall not be bound by any condition attached to the buyer’s order or acceptance of the quotation unless Crank Furniture expressly accepts such conditions in writing to the buyer.
Unless otherwise stated in writing by Crank Furniture, prices quoted exclude export or interstate wrapping and/ or packing, rubbish removal, product placement, delivery, installation, insurance in transit, creating, handling charges, agents’ charges and any other charges.
Any charge, duty, import or other expenditure which is not applicable at the date of quotation but which is subsequently levied upon Crank Furniture in relation to the quotation as a result of the introduction of any legislation or government policy shall be charged to the buyer’s account.
Photographs, drawings, images, samples, swatches and dimensions and any other particulars accompanying, associated with or given in descriptive literature or a catalogue, approximate the goods offered but may be subject to alteration without notice.
Any performance data provided by Crank Furniture is an estimate only and should be construed accordingly.
Crank Furniture reserves the right, without notice, to modify by up to 10%, the design and construction of each product within the Crank Furniture range.
By your acceptance of the Crank Furniture quote via Quotation, purchase order, email or other, you are also accepting Crank Furniture terms and conditions without amendment. This acceptance supersedes all previous agreements, discussions, communications, and correspondence with respect to the subject matter between the buyer and Crank Furniture. Deposit payment is also accepted as agreement of the Crank Furniture terms and conditions.

3 Terms of payment

Written confirmation and / or 50% deposit is required to secure the order and commence production.
Final payment shall be made within 7 days of notification that products are ready for collection or delivery.
Customer agrees and acknowledges that all deliveries require invoice balance paid in full prior to despatch.
Delivery and Transfer of Title of Goods to Customer shall only be recognised after Crank Furniture has duly collected any monies payable.
Failure to make payment within 30 days of notice of that product is ready for collection/dispatch will be deemed a buyers cancellation in accordance with clause 6.

4 Delivery & Warehouse Collection

Upon acceptance of an order, Crank Furniture will confirm the period of shipment or delivery and may notify the buyer of any variation from the quoted period.
A quoted or planned delivery period is subject to the buyer complying with the final invoice payment being made at least 7 days prior.
Crank Furniture may extend the delivery period if any variation is made or payment delayed by Customer.
Delivery times will be arranged with you once goods are ready for despatch. Freight charge covers a single delivery at ground level during normal weekday delivery hours. Prior to delivery please provide us with full written details of any difficulty to access e.g. stairs, delivery dock, lift etc. we reserve the right to charge additional costs for unusual access not advised in writing.
Crank Furniture will not accept any liability or responsibility for delays in the delivery of goods by third party carriers.
Crank Furniture will not accept any liability or responsibility for damage to pre or post assembled items in the delivery of goods by third party carriers.
If the goods are ready by the original requested date and the buyer is not ready to receive the goods or due to any act or omission causes delay to the delivery, then in addition to any other rights Crank Furniture may apply storage fees based on the cubic meter space / dimensions of goods. Crank Furniture is under no obligation to store items if storage is not available. It is the sole responsibility of the customer to arrange alternative storage if the site is not ready to receive goods. Any client that delays delivery, collection, payment or delivery information in order to prolong the storage of the ordered goods will be charged $90+gst per week per square meter, which will be payable prior to release of goods to cover costs of storage.
If Crank Furniture attempts delivery of the goods and if delivery site is not ready for accepting goods, or non-disclosed access constraints prevent delivery and Crank furniture is required to return the goods back to its own premises and subsequently re-deliver the goods to the buyer, Crank Furniture shall be entitled to charge a reasonable fee to recover the additional transport, storage costs & re-delivery costs applicable.
Delivery shall be deemed complete when the goods are delivered to the place specified in the quotation or purchase order.
Crank Furniture reserves the right to make part deliveries of any order and each part delivery shall constitute a separate sale of goods upon these terms and conditions and may be invoiced separately.
The buyer can request part deliveries at additional cost.
items collected from Crank Furniture warehouse or showroom must be signed for prior to loading. Any damage, visual or mechanical, that occurs during loading or transit will not be covered by Crank Furniture warranty.
Made to Order: Standard Production & Delivery Lead-time is 10 – 14 weeks unless stated otherwise. Optional Priority Sea Freight Delivery Option (8 – 10 week lead-time) is available for selective products at an additional cost.

5 Inspections and Acceptance

The buyer shall inspect and sign for all goods upon delivery. Accepting the goods is an acceptance of the condition in which they are delivered. If the goods are damaged when delivered, the buyer must refuse goods.
Upon accepting the goods, the risk in the goods shall pass to the buyer and the buyer accepts the responsibility for insurance from that time not withstanding the buyer does not become the owner of the goods until payment in full.
The buyer shall within forty-eight hours of delivery give notice to Crank Furniture of any matter or thing in which the buyer alleges that the goods are not in accordance with the buyer’s order.
Failing such notice and to the extent permitted by statute, the goods and their condition will be deemed as delivered and accepted by the buyer.
Variations in colour & finish will occur in products & materials such as metal, stone, timber, rattan, wicker and fabric. No guarantee can be given to exactly replicate features of products displayed at our showroom or online.

6 Buyer’s cancellation

All cancellations, be they express or implied shall result in a forfeiture of deposit or if for any reason a deposit has not been received a cancellation fee equal to 50% of the cancelled order will apply and shall be due immediately.

7 Title

Title of goods and to each part thereof shall not be transferred to the buyer until the total purchase price and any other sums due to Crank Furniture under these terms and conditions, including any late payment charge and / or storage charges payable hereunder have been duly paid.
Unless or until such payment is made;

i. The buyer will hold the goods and any monies received by the buyer in respect of the on sale or disposal of them (or if any part of the whole thereof has been damaged or destroyed, an insurance or other compensation monies received) on good faith for Crank Furniture and
ii. The buyer shall store the goods or hold such monies in such manner as to show clearly that they are the property of Crank Furniture.
iii. The buyer irrevocably authorises Crank Furniture at any time to enter onto any premises upon which Crank Furniture’s goods or the buyer’s records pertaining to the goods are stored or held for Crank Furniture to:
1. 1. Inspect the goods;
2. 2. To inspect and copy any records pertaining to the goods; and
3. 3. If the buyer is in default under these terms and conditions, to reclaim the goods.

8 Warranties

Crank Furniture conducts warranty claims in accordance to Australian consumer law.
Warranty covers the original purchaser against defective workmanship where the structural integrity of the furniture item is not fit for purpose. Crank Furniture reserves the right to make any necessary variations to the product specifications and product samples shown on its website or showroom to accommodate differences in the component materials used in the furniture item and Crank Furniture’s manufacturing requirements, including differences in timber grain (both in type and direction), stain colours, upholstery fabric and leather, metal used, finishes on metal and stone elements and other details, including edging, piping, stitching type and colour, handle positioning, hinges, glides, feet, swivel mechanisms, metal thickness, felt pads, fixings and foam. The buyer acknowledges that any such variations are not considered to be defects.
The warranty period commences when all goods have been delivered in accordance with these terms and conditions.
The warranty will be voided if the buyer fails to comply with the broadly defined product care terms as set out in section 16 below or any other special care conditions supplied with the goods at the time of purchase.
Notification of a warranty claim needs to be in writing to [email protected] and accompanied with:
- i. Photos and Videos of the alleged fault
- ii. Supply of all contact numbers /details of the designer/ client; and
- iii. A copy of the Tax Invoice / receipt as well as Quote / Purchase Order pertaining to the item.
On receipt of claim, we will assess if the item needs to be inspected on site or if the item is to be returned to Crank Furniture Warehouse.
Crank Furniture reserves the right to either repair or replace the item if there is a fault or defect.
To the extent allowed by law any implied warranties including any warranty of merchantability or fitness for a particular purpose are limited.
To the extent allowed by law, Crank Furniture shall not be liable for loss of time, inconvenience, commercial loss, incidental or consequential damages.
Processing any repairs or replacement will be discussed with the client and put in writing as to an estimated production time that is fair and reasonable and will determined on a claim by claim basis.
Warranty will be voided if a product has been disassembled, modified or repaired by a third party not approved by Crank Furniture
Warranty does not cover misuse or exposure to extreme environmental conditions including sunlight & rain / water.
Solid timber, Timber veneer, Timber marble, Timber linoleum, Timber tile joinery timber tops, timber seats and all timber components used in furniture
- i. Warranty period of 1 year for the structural integrity of the furniture under ‘normal use’
- ii. Natural materials like solid and veneer timbers can vary in colour, natural figuration and texture. These are not considered faulty.
- iii. Movement, joint separation, bowing as a result of fluctuations in temperature and any damage caused by direct sunlight are not covered under warranty
- iv. Day to day use and wear and tear that can cause scratches, expansion, colour changes, chips, burns, splits, cracks are not covered under warranty
- v. Painted and stained timber can chip. This is not covered under warranty but considered as wear and tear through use of product
Upholstered items
- i. Warranty period of 1 year for the structural integrity of the furniture under ‘normal use’
- ii. The warranty covers the timber and metal frames, the suspension and the foam integrity.
- iii. Fabric and leather wear and tear are not warranted.
- iv. Fabric and leather that has faded or broken down due to exposure to sunlight or extreme weather conditions is not warranted.
- v. Care instructions and warranty claims of fabric to be addressed with the textile supplier or manufacturer.
- vi. It is the responsibility of the customer / designer and/or supplier that has selected and/or supplied a fabric or leather through 3rd party suppliers to ensure it is free of faults and fit for purpose and application.
Metal Furniture & Metal Table Edges
- i. Warranty period of 2 years for structural integrity under ‘normal use’
- ii. Chipping, peeling and scratches on metal surface (including Powder coating) due to wear and tear are not covered under warranty
- iii. Metal Furniture that are not specified for outdoor use but exposed to the elements, knowingly or unknowingly, are not covered under warranty
- iv. Metals, Cast Iron and Hand-finished furniture may oxidise and rust / tarnish and / or form a natural patina over time. These effects and are not considered as manufacturing defects or product fault
Natural stone, reconstituted stone materials, laminates, resin, glass, plastics, Perspex & any other material in use are all materials sourced from external and independent suppliers have unique and specific warranty details that can be obtained as required on request. In general, all table tops of any nature or material has 1 Year Warranty. General wear and tear or changes in appearance and performance resulting from being used regularly for its intended purpose are not warranted.
Outdoor furniture
- i. Limited structural warranty period of 3 years under ‘normal use’
- ii. General wear and tear or changes in appearance and performance resulting from being exposed to the elements are not covered under warranty
- iii. Fabric & Material that fades or breakdown due to extended exposure to heat / sunlight, UV or moisture / rain / water is not covered under warranty
- iv. Metal furniture specified for outdoor use can withstand wet weather conditions for up to 12 hours. Furniture must be wiped dry after 12 hours or earlier and stored dry undercover until wet weather conditions subsides
Components
- i. Broken, missing or ceased components like feet levellers, rubber stoppers and felt pads are not warranted.

9 Default of Buyer

In the event that the buyer defaults any obligations under this agreement, then in addition to any other payment obligations at law or applicable hereunder the buyer agrees to

a. Pay to Crank Furniture all costs and expenses including reasonable legal fees and costs incurred by Crank Furniture in exercising any of its rights and remedies; and
b. Indemnify Crank Furniture against all loss and damage suffered by Crank Furniture or its representatives in relation to the default.

10 Copyright of Design

All intellectual property rights in any:
- i. Goods (including the design of the goods, drawings and photographs of the goods); and
- ii. Materials (including drawings, designs, photographs, samples and specifications):
1. Provided by Crank Furniture to the buyer and/or the buyer’s representative;
2. Published on Crank Furniture website; and/or
3. Published on Print or any social media platform maintained by Crank Furniture, remain the sole property of Crank Furniture.
The buyer warrants that:
- i. It will not use, copy, reproduce, replicate or otherwise exploit any image, product, design or goods, neither authorise a third party to do any of the above
1. Crank Furniture products (including, among other things, seek to replicate or republish); or
2. Any designs, drawings and photographs of the goods & materials (including, among other things, seek to replicate or republish the goods materials), without the express, written licence of Crank Furniture documented in a separate licence agreement between the parties; and
- ii. It will take all prudent steps, including maintaining effective security measures, to protect any and all Crank Furniture designs, goods, samples & materials from unauthorised use, copying or disclosure.
For the purposes of this clause ‘intellectual property rights’ means all present and future rights conferred in law in relation to any copyright, trademarks, designs patents, circuit layouts, business and domain names and inventions.

11 Work site conditions

Access: the buyer undertakes to provide access to the site as necessary within good time.
Crank Furniture is to give reasonable notice of time of delivery commencement to site.
Crank Furniture is to advise buyer immediately (within reasonable time) of any problems with access to work / delivery site.
If at its sole discretion Crank Furniture considers the site to be unsafe in any way, Crank Furniture reserves the right to absolve from delivery and the provisions of this agreement in relation to delivery and title shall prevail.

12 Force majeure

If, in the performance or observance of its obligations, equipment, epidemic or pandemic, or any other cause beyond reasonable control of observances to the extent of such prevention, restriction or affection.

13 Personal property securities act 2009 (“ppsa”)

In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the ppsa.
Upon assenting to these terms and conditions in writing, the buyer acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the ppsa and creates a security interest in all goods that have previously been supplied and that will be supplied in the future by Crank Furniture to the buyer.
The buyer undertakes to duly inform and update Crank Furniture of any change of circumstances relevant to the goods supplied.
Crank Furniture and the buyer agree that sections 96, 115 and 125 of the ppsa do not apply to the security agreement created by these terms and conditions.
The buyer waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3) (d) and 132(4) of the ppsa.
Unless otherwise agreed to in writing by Crank Furniture, the buyer waives their right to receive a verification statement in accordance with section 157 of the ppsa.
The buyer must unconditionally ratify any actions taken by Crank Furniture in order to protect its interest and title in property.
Subject to any express provisions to the contrary, nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the ppsa.

14 Governing law

The law of the state of New South Wales (Australia) shall govern these terms and conditions and any contract including them.

15 Return Policy

Crank Furniture does not cover transport or freight costs incurred with return of any items.
Products specified for return must be itemised and submitted to Crank Furniture for approval.
Crank Furniture does not offer refunds for change of mind.
Refunds, Exchange or credit can be offered where goods are faulty, or significantly different to what was ordered.
Crank Furniture does not Refund or Exchange for any Made to Order or Custom Made Products / Order or for any wear and tear that a product will endure during its life.
Crank Furniture does not Refund or Exchange for any product that is used knowingly or accidentally for purpose not specified. For eg: If any Indoor Furniture gets damaged due to exposure to direct heat and / or water / rain, this is not covered under warranty.

16 Product care – See Product Care Section for more details

Crank Furniture recommends the following product care to maintain your furniture to its optimum level:

i. Dust Furniture regularly and keep it dry
ii. Use warm soapy water for wiping surfaces
iii. Please do not use any harsh chemicals to wipe or clean any surface
iv. Always use a clean soft cotton cloth for wiping
v. Protect Furniture from direct sunlight exposure for long periods of time
vi. Please do not use wax products, unless specified
vii. Please do not expose surfaces to excessive quantities of liquids or moisture, which may absorb into the timber / stone / fabric. This may result in movements of the timber, change in form, permanent stain, cracking or mould
viii. All furniture specified for outdoor use has limitations & can withstand wet weather conditions for up to 12 hours. Furniture must be wiped dry after 12 hours or earlier and stored dry undercover until wet weather conditions subsides.

Please refer to Product Care Section for complete details.