Terms & Conditions

1. Quotations, Sales Orders & Sales Invoices

1. Quotes are valid for 30 days from the date issued.
2. A Quotation is not an obligation to sell, no contractual relationship arises from a Quotation until your order has been accepted by you and us in writing, and after full payment of the deposit.

2. Price

1. All prices for goods or Services are quoted in Australia Dollars and include GST, unless otherwise noted.
2. Unless otherwise stated by us in writing, the prices quoted in a Quotation or Sales Order or set out in a Sales Invoice include delivery and any applicable installation charges.

3. Terms of Payment

1. Goods remain the property of designFARM until paid in full – this includes all delivery, installation and storage charges.
2. All payments must be made in Australian Dollars according to the terms set in the Quotation or Sales Order. All orders under $3000 including GST require 100% payment to proceed with your order.
3. If you are a non-account holder, we require 50% deposit for all orders over $3000 including GST paid to proceed with your order and the balance to be paid prior to delivery of the goods or performance of the services.
4. If you are an account holder, we require 50% deposit for all orders over $3000 including GST paid to proceed with your order and the balance due 7 days of the date of issue unless otherwise stated on the Sales order or Sales Invoice.
5. We accept payment via Visa, Mastercard & American Express. All American Express payments will incur a surcharge of 2.5% at the time of payment.
6. Any confidential and private information we receive in processing your payments under this Agreement will be held and used in compliance with our Privacy policy.
7. Failure to pay in time will entitle us, without prejudice to our other rights, to:
   
   1. Suspend any outstanding delivery and installation
   2. Cancel the Agreement and seek damages for breach of contract and our costs of recovery, and/or
   3. Charge interest on the outstanding amount at 6% above the RBA cash rate from time to time each day from the date of payment until the date of payment, both before and after any judgment.

4. Delivery, Installation & Storage

1. Upon approval of your Quotation, Sales Order or Drawings, or on the date you pay the deposit, whichever is the later, we will advise the lead time expected for your product/s in writing (this is an estimate only and cannot be guaranteed). If we receive notice that quoted lead times alter, we will provide written notice.
2. All lead times quoted in Quotes, Sales orders, are estimates and can vary depending on production delays, and logistical delays.
3. Delivery will be deemed to be made when the Goods are delivered to the location specified in the Quotation, Sales Order or Sales Invoice. If the customer has requested that the goods be left unattended, or with a third-party representative, no responsibility will be taken for loss or damage by designFARM or their freight partners.
4. We reserve the right to make part deliveries of any order and each part delivery will constitute a separate sale of Goods on these Sale Terms and may be invoiced separately. A part delivery of an order will not invalidate the balance of an order.
5. designFARM will provide reasonable notice of commencement time on site, however it is your responsibility to provide access to site as necessary within good time. We will ensure all persons in our employment are covered by the appropriate Worker’s Compensation Insurance and Public Liability Insurance.
6. Site facilities will be provided by you, and it is your responsibility to ensure the site facilities are satisfactory and serviceable and to make arrangements for further facilities, where required.
7. If for any reason you do not accept delivery of the Goods or performance of the Services when they are ready for delivery or performance, or we cannot deliver the Goods or perform the Services on time because you have not provided us with appropriate instructions, documents, licences or authorisations, we reserve the right to:
   
   1. Invoice you up to 100% of the total amount of the Sales Invoice, and
   2. Charge a weekly minimum $50.00 per order storage fee that will be calculated based on the size of the total consignment and in weekly increments (or part thereof) unless agreed prior in writing.
   3. Payment of all storage charges is due prior to delivery or collection of goods.
8. If designFARM attempts delivery of the Goods to you, and it is discovered that the delivery site is not ready for delivery or installation of the Goods, and as a consequence, we are required to return the Goods back to our premises or warehouse and are subsequently required to re-deliver the Goods to you, we will be entitled to charge you a reasonable fee to recover the additional transport and storage costs.
9. It is the responsibility of the client or a representative of the client to inspect all product on delivery. designFARM must be notified of any products that are not in accordance with your Quotation, Sales Order or Sales Invoice within 24 hours of delivery or performance. Failing such notice and to the extent permitted by statute, the Goods or Services and their condition will be deemed to have been delivered or performed and accepted by the client.
10. You must notify us if the products are not in accordance with the Quotation, Sales Order or Sales Invoice within 48 hours of delivery. Failing such notice and to the extent permitted by statute, the Goods or Services and their condition will be deemed to have been delivered or performed and accepted by you.

5. Title & Risk

1. Title to the Goods will not be transferred to you until the total purchase Price and any other sums due to us under these Sale Terms, including any late payment charge payable, has been paid and cleared funds to us (Payment).
2. Until such Payment is made:
   
   1. You will hold the Goods and any money received by you in respect of the sale or disposal of them (or if any part of the whole thereof has been damaged or destroyed, any insurance or other compensation moneys received) on trust for us, and
   2. You will store the Goods or hold such money in such manner as to show clearly that they are our property.
3. Until Payment has been made, you irrevocably authorise us at any time to enter onto any premises on which:
   
   1. Our Goods are stored or held to enable us to inspect the Goods and/or if you are in default under clause 4.iv, to reclaim the Goods. You indemnify us and hold us as not liable in respect of any action taken pursuant to our rights under this Agreement, and
   2. You have retained records concerning the Goods being held, to permit us to inspect and copy such records where necessary.
4. The Risk of the Goods will pass to you on delivery. You accept the responsibility for insurance for the Goods from that time, but delivery does not make you the owner of the Goods until Payment in full.
5. Until final Payment is made, neither you nor any administrator appointed pursuant to the Corporations Act will move the Goods from the location to which they were delivered, nor sell, mortgage, charge, lease or otherwise dispose of them.
6. We reserve the right to register any retention of title security interest in Goods on the PPSR, and you agree to provide assistance to us to enable such registration.
7. Subject to the Australian Consumer Law, any products sold as seconds, floor stock, repaired products, or products that have a defect where this has been drawn to your attention prior to purchase are not returnable.

6. Cancellation & Returns

1. We will not accept the return of the Goods delivered to you if the Goods delivered have been accepted or deemed accepted by you or you wish to cancel the Sales Order, unless we choose to do so in our sole discretion.
2. If we do accept a cancellation of your Sales Order, you agree to:
   
   1. Arrange a return of the Goods, at your cost and risk, to our nominated returns warehouse or store, as we nominate,
   2. You agree to return the Goods in their original condition, in their original unopened and sealed packaging, accompanied by proof of purchase.
   3. You agree we may deduct delivery costs and any reasonable loss including storage or markdown costs before issuing any refund.
3. If, after paying your deposit, but before delivery, you cancel the Sales Order and we accept that cancellation, we may forfeit the deposit and charge reasonable costs for any loss suffered, including storage or transport.

7. Warranties

1. For warranty purposes, designFARM acts as an agent for the manufacturers we represent and will manage warranty claims on behalf of customers.
2. Manufacturer warranties vary by product. designFARM provides a one (1) year warranty on defects unless otherwise stated. This excludes fair wear and tear. If a product is defective, we may repair, replace, or refund at our discretion.
3. Warranty claims must be made within one (1) year of delivery. Claims can be sent to 1000 Hay Street Perth WA 6000, emailed to accounts@designfarm.com.au, or via phone (08) 9322 2200.
4. In the event the client is a Consumer:
   
   1. You have additional rights under the Australian Consumer Law (ACL).
   2. You are entitled to a replacement or refund for major failure, plus compensation for reasonably foreseeable loss.
5. You are entitled to repair or replacement if the goods fail to be of acceptable quality and the failure is not major.

8. Your default

1. If you default by non-payment or non-performance, or if insolvency proceedings are started, we may:
   
   1. Declare all unpaid amounts immediately due,
   2. Require you to assemble unpaid-for Goods for collection,
   3. Take possession without notice of unpaid Goods,
   4. Sell or dispose of the Goods,
   5. Terminate this Agreement in whole or part, and/or
   6. Pursue any other remedies at law.
2. You agree to pay all costs, including legal fees, incurred in enforcing our rights.

9. Website Terms

1. By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
2. Use License
3. Permission is granted to temporarily download one copy of the materials (information or software) on designFARM’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
   1. modify or copy the materials;
   2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
   3. attempt to decompile or reverse engineer any software contained on designFARM’s web site;
   4. remove any copyright or other proprietary notations from the materials; or
   5. transfer the materials to another person or “mirror” the materials on any other server.
4. This license shall automatically terminate if you violate any of these restrictions and may be terminated by designFARM at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

5.  

   3. Disclaimer

   1. 1. 1. 1. 1. The materials on designFARM’s web site are provided “as is”. designFARM makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, designFARM does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

    

   4. Limitations

   1. 1. 1. 1. 1. In no event shall designFARM or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on designFARM’s Internet site, even if designFARM or a designFARM authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

    

   5. Revisions and Errata

   1. 1. 1. 1. The materials appearing on designFARM’s web site could include technical, typographical, or photographic errors. designFARM does not warrant that any of the materials on its web site are accurate, complete, or current. designFARM may make changes to the materials contained on its web site at any time without notice. designFARM does not, however, make any commitment to update the materials.

6. Links

1. 1. 1. designFARM has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by designFARM of the site. Use of any such linked web site is at the user’s own risk.

7. Site Terms of Use Modifications

1. 1. 1. designFARM may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Governing Law

1. 1. Any claim relating to designFARM’s web site shall be governed by the laws of the State of Western Australia without regard to its conflict of law provisions.

1. Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

2. Use License

1. Permission is granted to temporarily download one copy of the materials (information or software) on designFARM’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
   
   1. . modify or copy the materials;
   2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
   3. attempt to decompile or reverse engineer any software contained on designFARM’s web site;
   4. remove any copyright or other proprietary notations from the materials; or
   5. transfer the materials to another person or “mirror” the materials on any other server.
2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by designFARM at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

The materials on designFARM’s web site are provided “as is”. designFARM makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, designFARM does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall designFARM or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on designFARM’s Internet site, even if designFARM or a designFARM authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on designFARM’s web site could include technical, typographical, or photographic errors. designFARM does not warrant that any of the materials on its web site are accurate, complete, or current. designFARM may make changes to the materials contained on its web site at any time without notice. designFARM does not, however, make any commitment to update the materials.

6. Links

designFARM has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by designFARM of the site. Use of any such linked web site is at the user’s own risk.

7. Site Terms of Use Modifications

designFARM may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Governing Law

Any claim relating to designFARM’s web site shall be governed by the laws of the State of Western Australia without regard to its conflict of law provisions.