10. Where the Buyer’s Order is a Regular Order (that is, an Order from the Seller’s Catalogue or sample from the Seller’s Showroom) (“Regular Order”), the Buyer must pay a deposit equivalent to 30% of the Sales price set out in the Sales Order. Where the Buyer’s Order is a Custom Order (that is, the product is made according to the special request or design required by the Buyer) (“Custom Order”) the Buyer must pay a deposit equivalent to 50% of the Sales price set out in the Sales Order. No Sales Order shall be processed until the deposit under this clause is paid by the Buyer.
11. The Buyer shall pay the balance due under the Sales Order when the product is ready for collection by the Buyer or delivery by the Seller. The time of payment of the balance of the amount due under the Sales Order will be of the essence. If the Buyer fails to pay the balance, the Seller may suspend delivery of the product or the processing of any further product ordered by the Buyer until the outstanding balance is paid in full.
12. Where the Seller and the Buyer agrees on a date of delivery (“the agreed date”), the Buyer or its representative agrees to be present at the Buyer’s nominated place of delivery (“the Buyer’s Premises”). Whilst the Seller will make reasonable endeavour to nominate a period of time to deliver the product on the agreed date, the Seller cannot guarantee that the delivery can be made in the nominated period. If the Seller is unable to deliver the product on the agreed date because no one is in attendance at the Buyer’s premises. The Seller shall be entitled to charge a minimum re-delivery fee of $60.00 or such other amount of fee charged by the Seller from time to time and the Buyer agrees to pay such re-delivery fee.
13. The Buyer must inspect the product upon delivery by the Seller and agrees to sign on the Delivery Docket to acknowledge that the product is “Received in good order and condition”. If there is any damage to the product which is not detectable at the time of delivery and the signing of the Delivery Docket, the Buyer must forward a written report of the damage to the Seller within 48 hours of receipt of the product. If the Seller does not receive any damage report from the Buyer within such period, no claim for damage will be processed by the Seller and the Buyer shall waive all claims for damage.
14. Where the Seller has notified the Buyer that the product is ready for collection or delivery. If the Buyer does not make any arrangement for collection or delivery of the product and the product is not collected or delivered within 21 days from the date of notification by the Seller, the Buyer agrees to pay a daily storage charge equivalent to 0.3% of the sale price of the product from the date (being 21 days after the date of notification) to the actual date of collection or delivery, both days inclusive for a maximum of 90 days from the date of first notification by the Seller. If no arrangement is made by the Buyer to collect or deliver the products within the 90 days period of notification, the Sales Order will be cancelled and all monies paid will be forfeited.

15. The Buyer acknowledges that there may be a slight variation in respect of the material, colour, finish, craftsmanship, and dimension between each piece and between the products received by the Buyer and the products displayed in the Seller’s showroom. The Buyer shall not be entitled to make any claim whatsoever in respect of such slight variation.
16. All catalogues, photographs, brochures and any presentations provided by the Seller are for illustrative purpose only. It is the Buyer’s responsibility to ensure that the size, colour and design or the products are suitable for the Buyer’s premises. The Buyer shall not be entitled to cancel the Sales Order or return the product for change of situation, change of mind or on the basis of the product not of the right size or the colour or design of the product does not match or is not suitable for the Buyer’s premises. The Buyer is not entitled to exchange for forward order, custom made products or assembled products. Where the Seller agrees to accept the cancellation of the product (at the Seller’s absolute discretion and although the Seller has no obligation to do so), the Seller shall be entitled to charge for the cancellation an administration fee equivalent to 30% of the sale price in case of a Regular Order and 50% of the sale price in case of a Custom Order.
17. The risk of damage or loss of the products shall be passed to the Buyer upon collection or delivery. The title of the product remains with the Seller until the sale price of the product and all other outstanding balance in the Sales Order is paid in full (either by cash or until the clearance of any cheque is received from the Buyer). The Seller reserves the right to repossess and recover the product from the Buyer prior to the payment in full of any amount outstanding in the Sales Order.
18. In addition to any other remedies that the Seller may have, the Seller shall be entitled to charge interest at the rate of 10% per annum calculated daily for any outstanding balance for the Sales Order from the date of collection or delivery of the product to the date of final payment in full. The Buyer agrees that the interest charged by the Seller under this Clause is a genuine estimate of the loss suffered by the Seller.
19. The Buyer is liable to pay any loss or additional costs incurred by the Seller through the Buyer’s instructions or lack of instructions or through the Buyers failure or delay in taking delivery or through any acts or default on the part of the Buyer, its agents or representatives.

20. The Seller agrees not to disclose any private and confidential information collected from the Buyer to any entity outside the Seller’s organization.

21. Interpretation in this Agreement unless the context otherwise requires or permits:
    a) references to a party will include as the context requires respective executors, administrators, successors and permitted assigns;
    b) references to a person includes any other entity recognised by law and vice versa;
    c) headings, underlinings and marginal notes are only included for ease of reference;
    d) references to legislation or legislative provisions will include modifying, consolidating or replacing legislation or legislative provisions;
    e) words denoting the singular number include the plural and vice versa;
    f) words denoting one gender include every gender;
    g) words denoting natural persons include any Corporation or other owners corporation or Government Body and vice versa;
    h) where any word or phrase is given a defined meaning any other grammatical form of that word or phrase will have a corresponding meaning;
    i) every covenant or provision applying to or binding more than one person will bind them jointly and each of them severally;
    j) delivery of the Sales Agreement will be taken to have been given on the date it bears;
    k) if any part of the Sales Agreement is void or unenforceable or would be so unless severed, then the rest of the document will continue to have full force and effect;
    l) the use of headings are only for convenience and do not affect interpretation; and
    m) if the day on which any act, matter or thing is to be done under or pursuant to the Sales Agreement is not a business day, that act, matter or thing may be done on the next business day. A business day is a day on which banks are open for general banking business.

22. Governing Law
    The Sales Agreement is governed by the law in force in New South Wales.
23. Submission to Jurisdiction
    The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts that may hear appeals from those courts in respect of any proceedings in connection with the Sales Agreement.

24. The Sales Agreement is the entire Agreement of the parties on the subject matter. The only enforceable obligations and liabilities of the parties in relation to the subject matter are those that arise out of the Sales Agreement. All representations, communications and prior agreements in relation to the subject matter are merged in and superseded by the Sales Agreement.
    
    

Warranty

Beyond Furniture (“the company”) guarantees to repair or replace any part or the product ( “the goods”) with a manufacturing or structural defect for a period of two years from the date of purchase(“the warranty period”), this is provided that the defect is not a result of normal wear and tear, or a natural characteristic of the material used. The furniture must be cared for in accordance with the care instructions supplied by Beyond Furniture or labeled on the product. This warranty is also subject to the terms and conditions set out below:

1. This warranty is in addition to the rights granted by relevant State and Federal laws and in particular the Trade Practices Act 1974 and corresponding State Fair Trading legislation. The company’s liability is limited to the goods replacement only.
2. The warranty is extended to the original purchaser at the original delivery address.
3. The warranty shall become void if the goods are used as commercial or outdoor purpose or exposed directly to the sunlight, extreme heat or bright light such as sun lamps.
4. No claim can be made by the purchaser under this warranty if:
   * Any damage caused by accident, abuse, neglect, negligence.
   * Any damage caused by improper handling such as dragging the furniture or using corrosive solvent to clean the furniture.
   * Any damage directly or indirectly caused by unprofessional assembling, unauthorized repair, alteration, modification or act of God.
5. The purchaser must at his/her expense return to the retailer or to an office of the company the defective goods with the proof of purchase. The company reserves the right to determine whether the goods shall be repaired or replaced.
6. There is a ten-year frame warranty on all Beyond Furniture sofas. Recliner and headrest mechanisms are covered by a two-year warranty.
7. The Company reserves the right to charge for any service not covered by this warranty.

Use of the website

1. Beyond Furniture has taken reasonable efforts, to provide accurate and up to date information, to display the colours as accurately as possible. However, the colours you see will depend on your monitor; we can not guarantee that your monitor’s display of any colour will be accurate.
2. All materials, including images, text, illustrations, designs, icons, photographs, programs, or downloads, and other materials that are part of this site are copyrighted, and they are solely intended for your personal use only.
3. No right, title or interest in any downloaded material is transferred to you as a result of any such downloading and copying. You may not reproduce, publish, transmit, distribute, display, modify, create derivatives works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the contents without written permission from Beyond Furniture.
4. Beyond Furniture is a registered trade mark, its designs and innovations are registered or patented. Copying and Reproduction of any designs will be prosecuted according to the international Intellectual Property laws and agreements.

Disclaimer

THIS SITE IS PROVIDED BY BEYOND FURNITURE (AUST.) PTY LTD. BEYONDFURNITURE.COM.AU MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY LAW, BEYOND FURNITURE DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE AND ITS FITNESS FOR A PARTICULAR PURPOSE. THE USE OF BEYONDFURNITURE.COM.AU IS AT YOUR SOLE RISK. (THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OR BEYOND FURNITURE). UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, SHALL BEYOND FURNITURE OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE BEYONDFURNITURE.COM.AU WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF BEYOND FURNITURE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.