Terms & Conditions
- Ordering your products:Your order will be accepted upon receiving 50% deposit. Upon receipt of 50% deposit, you automatically accept our Terms and Conditions. No cancellation of that order is valid unless you receive written communication from us endorsing a cancelled order. In the event the order is cancelled, deposit is NON REFUNDABLE. Where production of goods has commenced at the time of cancellation, the client shall be liable for payment of costs of production plus any costs arising as a result of cancelling the order.
- Paying for your products:We will be in touch to coordinate delivery and you are required to pay the remaining 50% balance owing on your order prior to delivery.
- Delivery of your products:Delivery dates are estimates only and we are unable to accept any liability for failure to deliver products within the specified time resulting from production & shipment/delivery delays from our suppliers and shipping company. Lead-time given for your order is an approximate indication. If delivery of your order is delayed due to any reasons outside of our direct control (change in shipping schedules / strikes / Industrial action / weather / Port Closures / political unrest / force de majeure etc.), it does not warrant a reason to cancel an order.Crank / Mesh Furniture is not responsible or liable to make arrangement and / or provide any loan furniture due to delay in deliveries of any made to order goods.
Once your order arrives, you will be notified via email and / or phone call. If you are unable to accept delivery within 7 days* from our first call / email, the invoice must then be paid in full. In addition, storage fees are chargeable as follows:
– 1% per week on the total value of your order OR $ 500 + GST per week, whichever is higher.
Storage fees are invoiced weekly and are payable weekly. Goods will not be released until all additional fees are paid in full.
* 7 days time frame is applicable only for orders that arrive to Sydney Warehouse. For orders that arrive directly to any other city outside of Sydney, clients must make arrangement to accept delivery immediately as soon as goods are available. If storage is required, it will be arranged at an additional cost. Other additional costs like re-delivery / unloading and loading may apply
If there is no one available to accept delivery on a pre-arranged delivery date, you will be charged for transport and re-delivery costs. You are responsible for ensuring that there is adequate access and entry to your premises to facilitate delivery of products. Any additional costs in relation to access into your premises, e.g.: crane and / or forklift required, product modification, etc. are your responsibility. We reserve the right to make part deliveries of any order and each part delivery shall constitute a separate contract in respect of the products delivered on the same condition as set out herein. At any point in time, a 50% deposit must be maintained for all undelivered goods. Failure to deliver all the products you have ordered shall not invalidate the contract with regards to any part deliveries. All products will remain the property of Crank Furniture / Mesh Furniture until payment is received in full. Should you be arranging your own delivery, goods become your responsibility upon collection from our premises.
- Inspection of your products:You are required to inspect your products on delivery. You are also required to note any damage on goods on delivery and inform us within Two (2) days thereafter. It is important we receive proof of damage (photos / video) via email. We will not be liable for any damage to any of the products unless we are notified within the time period specified above.
- Your right to return products:Unless goods are faulty and we are duly notified as outlined above, we are unable to refund, exchange or credit your account.
- Warranty:A standard limited warranty period of 12 months is applicable for our products. Any claim against us for breach of warranty must be made within the period of 12 months from the date of delivery of your products. Any such claim must also be made within Two (2) days of receiving your order and/or discovering or learning of the alleged defect. You will not be entitled to make any claim against us in respect of breach of any warranty or condition unless the claim is made within the relevant period set above. In the event that a product is proven to be defective, you are entitled to restoration of goods through repair or replacement, whichever is mutually decided as being the most efficient and effective remedy. It should also be noted that warranty does not cover any breakage caused by negligent and/or improper use of the goods, changes caused by normal wear and tear, any damage caused by lack of and/or erroneous maintenance, any damage due to an accident or force, chromatic variations in wooden and varnished parts due to normal ageing of the finish. Normal wear and tear may include crack / split on tabletops. It should also be noted that coverings such as recycled timber, terrazzo, marble, concrete, rattan, leather and fabrics do not fall under the warranty terms listed above. Due to hand-made / hand-finished characteristics on our products, variation in color / stain and finish on products is common and such variations cannot be classified as defects.
- Our liability: We will not be responsible for ensuring that products are suitable for a particular purpose. Further, we will not accept responsibility for the suitability or strength of fabrics supplied by a customer and not supplied by us.
- Personal Information: Crank Furniture and Mesh Furniture subsidiaries may use your address and contact details to provide marketing information to you about our products and events.
- General Provision: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, Issues with Shipping lines, Port Services, 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.