These standard terms and conditions apply to all sale of products or provision of services by Complete Office Supplies
Pty Limited ABN 92 001 634 715 (“COS”) to any customer (“the Customer”).
TITLE TO PRODUCTS
Until the purchase price of the products and all other sums due by the Customer to COS upon any account whatsoever have been paid or satisfied in full:
- and the products shall remain the property of COS notwithstanding the delivery of the products and the passing of risk to the Customer;
- COS may at any time recover the products if they are in the Customer’s possession and re-sell the products if any payment owed by the Customer on any account is overdue;
- for the purpose of so recovering the products, COS its servants or agents may enter upon the Customer’s or other premises upon which the products are located;
- the Customer shall possess all products on a fiduciary basis only; and
the Customer has the right to dispose of the products in the course of its business for the account of COS and to pass good title to the products to its customer being a bona fide purchaser for value without notice of COS’s rights. If the products are on-sold prior to COS being paid in full then the sale proceeds are to be held in trust by the Customer for COS.
COS hereby limits the amount of its liability in the case where the products or services are not of a kind ordinarily acquired for personal, domestic or household use, at COS’s option, to:
(a) In the case of products, any one or more of the following:
- the replacement of the products or the supply of equivalent products;
- the repair of the products;
- the payment of the cost of replacing the products or of acquiring equivalent products;
- the payment of the cost of having the products repaired; or
(b) In the case of services:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
Subject to the above, under no circumstances will COS be liable for any loss or damage to persons or property of any nature as a result, direct or indirect, of any defect, deficiency or discrepancy in products or services sold or supplied by COS. It is the Customer’s sole responsibility to ensure that the products or services supplied are sufficient and suitable for the purposes of the Customer.
The Customer waives any claims, demands, causes of action or recoveries for punitive, exemplary, indirect or consequential damages arising under this Agreement, or otherwise with respect to the sale of goods or services, and completely indemnifies COS, without limitation, for any lost revenues or profits, consequential or incidental damages, injury to persons or property, business interruption or damage to business reputation, including any tort or statutory causes of action, in relation to the supply to it by COS of any goods and services, including any liquor related products, which COS may supply to the customer.
- We deliver products using a combination of dedicated COS drivers and 3rd party transport companies, depending on your location. Delivery costs may be influenced by the size and weight of the product(s) and your location. Delivery costs are calculated in the shopping cart and will be added to the order total before checkout. Orders are generally dispatched within 1 business day. Delivery times are estimated at between 1 and 3 business days depending on your location.
- COS is not liable for any delay in delivery of products or services ordered or any unavailability of products or services ordered.
- COS reserves the right to charge for delivery of products.
- Payment by approved customers is to be made within 30 days of the issue of invoice. Customers on the monthly billing program must pay within 15 days of the end of the calendar month of purchase in full.
- Interest at the rate of 1.5% per calendar month (or part thereof) will be charged on all overdue amounts.
- Credit card payments will incur a fee.
RECOVERY OF LEGAL COSTS AND COLLECTION EXPENSES BY COS
- In the event of non-payment of COS’s Tax Invoice, COS reserves the right to commence collection action and stop delivery of goods and/or services.
- Legal action will include recovery of the whole debt including any and all legal costs and disbursements incurred by COS on a solicitor/client basis, and any collection expenses incurred.
- The Customer shall indemnify COS in respect of, and must pay to COS on demand, any costs and expenses incurred by COS in enforcing any Charge, Guarantee, Mortgage, or Other Security, given by the Customer to COS, INCLUDING AND NOT LIMITED TO collection costs and expenses, and legal costs incurred as a result of non — payment of COS’s tax invoices, court or tribunal issue fees, solicitor costs and expenses on a solicitor/client basis, witness expenses in relation to any defended action, barrister’s fees, expert witness fees if required, adjudicator’s expenses, and the like. The Customer agrees and acknowledges that such COLLECTION EXPENSES do not constitute a penalty but COS’s genuine and anticipated expenses incurred in the event that legal and/or collection action is commenced
- The Customer shall also indemnify COS in respect of, and must pay to COS on demand, any taxes or stamp duties or other fees which may became due and payable in respect of any Charge, Guarantee, Mortgage, or Other Security given by the Customer to COS.
SPECIAL BUY INS
Special Buy Ins are products sourced specifically or made specifically for the Customer. These products are not returnable once ordered. The Customer warrants that any logos, photographs or other material provided by the Customer in connection with Specific Buy Ins do not infringe any rights of third parties and the Customer agrees to indemnify COS from any claims, liability or expense relating to any breach of this warranty.
No other discount is valid with these offers. These products are not returnable once ordered.
FURNITURE, PRINT AND PROMOTIONAL ITEMS
For all Furniture, Print and Promotional Items, the Customer may be required to pay to COS a Deposit, as specified by COS to the Customer, and prior to COS processing the Order(s).
Any Deposit paid by the Customer to COS is non-refundable. The balance of the agreed price is to be paid by the Customer to COS as directed by COS, either prior to delivery and installation of the goods, or otherwise in accordance with COS’s normal terms of payment.
FURNITURE RETURNS POLICY
Furniture as a category is generally non-returnable.
- Any requests for return for change of mind by the customer.
- Where the goods have been used for a purpose for which they are not intended.
- Where, due to neglect they have been become unfit for purpose or damaged.
The following exceptions apply:
- Products can be returned if they are faulty or damaged at time of delivery.
- Products can be returned if not fit for their intended purpose.
- Products can be returned if they are not of acceptable quality.
- Products can be returned due to a major failure.
Conditions to policy
- Where a product has been deemed faulty by the customer or representative of COS Furniture, COS may elect to return the product to the manufacturer or manufacturer’s repair agent to determine the nature of the problem prior to any acceptance of return or credit.
- Any claims for return or credit of damaged goods must be sought by the customer within 14 working days of delivery of those goods.
- COS may choose to repair goods based on manufacturers policy or be sent to authorised repair agents advised by the manufacturer.
- A return authority must be sought and accepted by COS Furniture prior to return of any goods.
- Our goods come with warranties that cannot be excluded under the Australian Consumer Law.
CUSTOMER SPECIFIC STOCK
Where COS has purchased stock on behalf of the Customer for purchase by the Customer over time and the Customer does not comply with the agreed timeframe(s) for purchase (or 30-day notice from COS in the absence of an agreed timeframe) then at COS’s option any one or more of the following may apply:
- COS is entitled to charge a storage fee for such stock;
- COS may invoice the Customer for the whole (or any part) of the stock; and
- COS may arrange for the stock to be destroyed or otherwise disposed of (or used) in the event that the Customer fails to pay for and collect or take delivery of the stock, and all costs so incurred shall be a debt due to COS by the Customer.
- Damaged or defective products delivered after their use by” or best before date” or which are not otherwise in accordance with the Customer’s order may be returned to COS within 14 days of delivery at no cost to the Customer. A return authority is required prior to return.
- The Customer may obtain a credit (but not a refund) for any product excluding Special Buy Ins as long as the product is returned within 14 days of delivery in a saleable condition and in its original packaging.
- Subject to the above all products and services shall be deemed to have been accepted by the Customer as being in accordance with order unless notification to the contrary is received in writing by COS within 14 days of delivery. If the Customer wishes to return products after fourteen (14) days following delivery, then this will be at the discretion of COS and if COS agrees to provide a credit, a re-stocking fee will be deducted from the credit.
- COS is not bound to fulfil any order until the order is accepted into COS’s computer system.COS reserves the right to accept any order in whole or in part.
- No order may be cancelled after it has been accepted into COS’s computer system.
Where the Customer is a company, society, association of persons, or trustee/COS shall not be concerned to inquire into the powers of the Customer or its directors or other agents acting or purporting to act on its behalf, nor is COS concerned to inquire into the powers of the trustee in order to ascertain whether the trustee is functioning within the terms of his trust, and any credit extended by COS in reliance upon a professed exercise of such powers shall be deemed to form part of the principal debt and liability even where the obtaining of such credit shall be in excess of the powers of the Customer or the Directors or other agents aforesaid or of the trustee or shall be in any way irregular, informal or defective.
Any orders placed with COS are on the basis of these terms and conditions unless otherwise expressly agreed in writing by COS. In the event of any inconsistency between any terms and conditions in the Customer’s order and these terms and conditions, COS will be deemed, by delivering the product to the customer or supplying services to the Customer, to have made an offer to the Customer, to sell the products or to supply the services pursuant to these terms and conditions, which offer will be deemed to have been accepted if the Customer retains the products or accepts the services.
COS may add to or change these terms and conditions provided the updated terms and conditions are available to be viewed on line at www.cos.net.au. The Customer will be bound by and agrees to accept any such updated terms and conditions.
The law of the State of New South Wales shall apply to these terms and conditions and sales by COS.
COMPETITION AND CONSUMER ACT 2010
This agreement must be read subject to the provisions of the Competition and Consumer Act 2010 (“CCA). If any provision of this Agreement is invalid or unenforceable by reason of the CCA, such provision shall be severed from the Agreement, and this will not otherwise render any other provision of this Agreement unenforceable.