Terms & Conditions

Definitions

In these Terms of Trade the following definitions apply:

‘Customer’ means the purchaser of the Goods.

‘Deposit’ means an amount set out in the Quote and/or Order Form.

‘Fee’ means the total amount payable by the Customer to the Company for Goods purchased pursuant to the Order Form.

‘Goods’ means any of the products supplied to the Customer by or on behalf of the Company.

‘Invoice’ means the invoice issued by the Company in relation to the purchase of Goods by the Customer.

‘Mak Furniture’ means Mak Furniture Pty Ltd (ABN 81 668 664 515).

‘Order’ means any order made by the Customer to the Company to purchase Goods through the Website.

‘Terms of Trade’ means the terms as set out in these Terms and Conditions.

“Website” means the Company’s website found at www.makfurniture.com.au

Terms of Trade

Each Order made by the Customer shall be governed by these Terms of Service.
By making the Order, the Customer agrees to be bound by these Terms of Trade.
The Company reserves the right to amend, vary, modify and/or replace these Terms of Trade at any time, and from time to time.
The Customer agrees that any variations made to these Terms of Trade shall take effect fourteen (14) days after publication on the Website of both the varied Terms of Trade and a notification that the Terms of Trade have been varied.
The varied Terms of Trade shall not apply to any Order made prior to notification of the varied Terms of Trade.
The Parties agree that where there is an inconsistency between these Terms of Trade and an Invoice, then the terms of the Invoice shall prevail.

Orders

In consideration of payment of the Fee, the Company agrees to provide the Goods ordered by the Customer.
All Orders accepted by the Company will be executed at the Customer’s sole risk.
The Customer shall not be entitled to revoke or cancel any Order except with the written consent of the Company (and subject to Clause 7 herein) and on terms which shall indemnify the Company against any loss or damage caused by such cancellation of the Order made by the Customer.

Fees and Pricing

All pricing as appearing on the Website and any Invoices shall be (unless otherwise expressly stated) in Australian dollars, and shall be payable in Australian dollars upon order of the Goods and prior to delivery (“Due Date”).
The Company shall be entitled to charge the following to the Customer:
- In the event that the Fees are not paid in full by the Due Date, interest of seven point five percent (7.5%) per annum on any amount owed;
- If the Company is liable for GST in relation to the sale of the Goods, the Fee payable shall be increased by the total GST applicable to that amount;
- Should it become necessary for the Company to enforce any term of this Agreement either through legal representation, collection agency, or directly through a small claims Court, then the Customer agrees that it shall pay all reasonable legal fees, agency fees, court costs, and other reasonable collection costs; and
- An administration fee of Twenty Five dollars ($25.00) in the event that any cheque presented by the Customer to the Company is not honoured.

Delivery of Goods

The Parties agree that delivery of any Goods purchased by the Customer shall be delivered to the Customer’s premises or the location as directed by the Customer, and that the Customer shall pay all reasonable transportation costs in respect to the delivery of those goods (including but not limited to freight charges).
The Customer acknowledges and agrees that any delivery date quoted by the Company is an approximate indication only, and that the Company shall not be held liable should any delivery be made after that date.
The Customer may not hold the Company liable for any Goods lost or damaged in transit whilst being delivered, through whatever cause including negligence, and any carrier of those Goods shall be deemed as agent of the Customer even where said carrier has been engaged by the Company.
The Customer understands and agrees that the Company shall not be held liable for any late delivery or failure to deliver caused by a force majeure event, including not limited to strikes, explosions, floods, riots, lockouts, injunction, interruption or transport accidents, inability to obtain equipment, government action, mechanical breakdown, interruption to internet service, any interruption, suspension, war, or an act of God. The Company may with the consent of the Customer cancel the Order, after which the Customer shall have no further claim on the Goods.
It is agreed and acknowledged that themajority of the Goods are shipped as flat-packed for efficient transport and to avoid damage.

Refunds and Returns

To the extent permissible by law, the Company will not refund, exchange or redeem for cash any Fee or Deposit made to it for Goods (“Payment”), unless otherwise agreed by the Company in writing.
The Company will only exchange a Payment where the Company has made a fundamental error or mistake, in which case the exchange shall be limited to a replacement or reparation of the Goods.
The Company shall not accept any Goods which have been assembled or damaged, and all returned Goods must be returned in its original packaging.
Goods returned by the Customer without the consent of the Company shall not be accepted for credit and the Company shall be entitled to:
- Return the Goods to the Customer at the Customer’s sole expense; or
- Hold the Goods as a security against any Fees owed by the Customer, and may sell the Goods and apply those proceeds to any debt owing by the Customer to the Company.
If the Company consents in writing to the return of the Goods, the Company shall charge an additional handling fee of ten percent (10%) of the original Fee for the Goods returned (in addition to the forfeited Deposit, if any). In addition, all transportation costs shall also be payable by the Customer.
Otherwise all Orders shall be subject to the Company’s Returns Policy as noted on the Website.

Cancellation

In the event the Customer cancels the Order after the Goods have been delivered, Clause 6 shall apply, and the Customer shall be required to pay the full Fee.
In the event that the Company cancels the Order after the Goods, or part thereof, have been delivered, then the Company shall only be permitted to invoice for that part of the Goods actually completed and delivered.

Specifications

In the event that the Customer decides to amend or change any specifications in respect to the Goods ordered after the Order has been provided to the Company, the Customer agrees that such request for amendments to the specifications shall be made in writing to the Company, and that the Customer shall pay for any additional costs incurred by the Company in respect to those variations.

Ownership

Title to the Goods delivered to the Customer will not pass to the Customer until such time as the Fee in respect to those Goods has been paid by the Customer to the Company in full.
Notwithstanding Clause 9.1 above, all risk of loss, damage, or injury to the Goods will pass to the Customer from the Company on delivery pursuant to Clause 5.1 above.
The Customer shall indemnify and keep indemnified the Company against any and all loss, damage or injury to the Goods from the date of delivery of the Goods to the Customer until full payment of the Fee as set out in Clause 9.1 has been received by the Company.
Until full payment of the Fee for the Goods is received by the Company, the Customer shall hold the Goods as bailee for the Company. The Customer shall be entitled to sell the Goods in the ordinary course of business, however the consideration of any such sale shall belong to the Company.
The Customer shall not at any time represent to any third party that it is in any way acting for or acting as agent for the Company, and the Company shall not be bound by any contract in relation to the Goods which the Customer may enter into with any third party.

Breach

In the event that:
- the Customer fails to pay the Fee by the Due Date;
- any cheque, promissory note, or other bill of exchange given to the Company is not honoured on its first presentation;
- an application or order is made for the winding up or sequestration of the Customer or an application or order is made to place the Customer under external management or administration;
- any of the assets of the Customer or any of the Goods in the possession of the Customer which have not been paid in full, are seizes pursuant to a legal process issued against it;
- a receiver, manager, controller, administrator, external manager or trustee is appointed over any of the assets of the Customer; or
- the Customer ceases to carry on business,

then the Company shall be entitled to without prejudice and in addition to all rights granted pursuant to these Terms of Trade or at law or equity to:

continue to enforce its rights and recover any amounts owing by the Customer;
claim immediate payment of all monies due by the Customer, notwithstanding the Due Date; and/or
cancel all or any additional Orders placed by the Customer, upon which the Customer shall immediately return any Goods already delivered to it, and the Customer shall be liable to the Company for any loss or damage the Company may have suffered or may suffer as a consequence of such cancellation.

Warranties

To the extent permissible by law, the Company makes no representations, whether express or implied, as the merchantability, condition, durability, or fitness for purpose for which the Goods are used. Further any implied warranty as to latent defects is expressly excluded.
At no stage and in no event shall the Company be responsible for any loss, damage, cost, or expense suffered, incurred or sustained by the Customer arising out of or through the negligence of the Company, its agents, or employees.
It is acknowledged that the Goods are covered by the warranties of the Company’s suppliers and it shall be the sole responsibility of the Customer to contact and seek the redemption of said warranties directly with those suppliers.
The Company warrants that all Goods provided are in accordance with industry and manufacturing standards.
The warranties contained herein shall not be read or applied so as to purport to exclude, restrict, or modify the application in respect to the supply of Goods or services pursuant to these Terms of Trade of any or all of the provisions of the Competition and Consumer Act 2010(Cth) (“CCA”) or any other statute of any state or territory of Australia which by law cannot be excluded or modified.

Limitation of Liability

Except as provided for in these Terms of Trade, the Company makes no representation of any kind, express or implied with respect to the provision of the Goods.
To the extent any warranty is made, the sole and exclusive remedy for a breach of any warranty is at the Company’ option to either replace or repair the Goods in question.
To the extent permitted by law, all conditions, warranties, and terms implied by law and any liability for consequential or indirect damages are excluded from these Terms of Trade.

This Agreement

13.1 This Agreement shall be subject to the laws of the Queensland, and the parties irrevocably submit to the non-exclusive jurisdiction of the Courts of Queensland.

13.2 Any provision of, or the application of any provision of, this Agreement which is prohibited in any jurisdiction is, in that jurisdiction, ineffective only to the extent of that prohibition.

13.3 Any provision of, or the application of any provision of, this Agreement which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.

13.4 If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in this Agreement.

13.5 The failure of either party at any time to require performance by the other party of any provision of this Agreement does not affect the party’s right to require the performance at any time.

13.6 The waiver by either party of a breach of any provision must not be held to be a waiver of any succeeding breach of the provision or a waiver of the provision itself.

13.7 This Agreement supersedes all previous agreements, arrangements, understandings, representations or any other communication in respect of the subject matter of this Agreement and embodies the entire agreement between the parties.

13.8 This Agreement may not be changed or modified in any way subsequent to its execution except in writing signed by the parties.

13.9 In this Agreement, headings are for convenience only and do not affect the interpretation of this Agreement and, unless the context otherwise requires:

(a) words importing the singular include the plural and vice versa;

(b) words with a capital letter where defined in this Agreement have that meaning;

(d) other parts of speech and grammatical forms of a word or phrase defined in this Agreement have a corresponding meaning;

(e) an expression importing a natural person includes any company, partnership, joint venture, association, corporation or other body corporate and vice versa;

(f) a reference to any thing (including, but not limited to, any right) includes a part of that thing;

(g) a reference to a party in a document includes that party’s successors and permitted assigns;

(h) a reference to a statute, regulation, proclamation, ordinance or by-law includes all statutes, regulations, proclamations, ordinances or by-laws varying, consolidating or replacing it, and a reference to a statute includes all regulations, proclamations, ordinances and by-laws issued under that statute;

(i) a reference to a document or agreement includes all amendments or supplements to, or replacements or novations of, that document or agreement.

The Customer indemnifies the Company against any or all taxation liability arising from this Agreement or Services provided to the Customer.

The foregoing provisions of this Agreement apply except as otherwise agreed in writing between the Customer on the one hand and the Company on the other.