Legal

Design Inferno Glass Australia Pty Ltd – ABN 38 135 433 993

Terms and Conditions of Website Usage

Please read these terms carefully before using this site.  By using this site, you agree to these terms of use.  If you do not agree to these terms of use, please do not use this site.

Legal

All copyrights, product names, trade names, trademarks, slogans, and/or designs depicted on this website are proprietary marks of their respective owners.

Works of Authorship

The works of authorship contained in or downloadable from this website, including but not limited to all design, text, and images, are owned or licensed by their respective owners, and may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without prior written consent, except that the user may make such temporary copies in a single computer’s RAM and hard drive cache as are necessary to browse the website, and the user may make one permanent printout of each page of the website (unmodified in form, with a copy of this User Agreement attached) to be used by the user for personal and non- commercial uses which do not harm the reputation of the website owner or its affiliates. Elements of this website are also protected by trade mark and other laws and may not be imitated in whole or in part on other websites. Certain software downloads or other content
may be used for certain other limited purposes if expressly stated in a license agreement on this website which makes express reference to the software or content.

Software

Any software downloaded from this website, including but not limited to images, documents, files, and accompanying data is licensed to you, and remains the property of its respective trademark and/or copyright owner. No title or intellectual property rights are transferred to you.

Logos

The owner of any trademark, service mark, logo, or copyrighted material has the exclusive right to use and reproduce such material. You therefore cannot reproduce any unlicensed trademarks, service marks, logos, or copyrighted material onto printed materials and merchandise via the service offered through this website.

Terms and Conditions of Sale

Application of conditions

The attached quotation is made on the basis of the conditions set out in this document.  They may only be varied with the written approval of Design Inferno.  They override any inconsistent conditions in any document or other communication used by the purchaser in relation to the contract of sale.

Delivery and installation

Design Inferno will do its best to deliver the goods to the purchaser’s premises or other premises which the purchaser nominates on the date specified in the quotation.  If a delay is caused by something beyond Design Inferno’s control, the delivery is extended accordingly.  Design Inferno is not liable for any damage or loss to the purchaser resulting from any delay in delivery.

Any installation specified in the quotation will only be done during normal business hours, and only if there is reasonable access and space.  The purchaser must obtain any permit, licence or approval necessary for the installation.  Design Inferno is not liable for any loss or damage caused by the installation.

Payment

The purchaser must pay the price in accordance with the quotation.  Time is of the essence. The goods remain Design Inferno’s property until payment is made in full.  Until then, the purchaser is bailee of the goods.  The purchaser must:

  • keep them in its possession and control
  • keep them in good repair and condition, excluding fair wear and tear
  • keep them stored separately and marked so that the goods are clearly and easily identifiable as Design Inferno’s property and inform Design Inferno of the location of the goods, if requested and not sell, assign or let them or any interest in them, or permit any charge, pledge, lien or other encumbrance to be created in relation to them

If the purchaser disposes of any of the goods while they remain the property of Design Inferno, or any of these goods become part of another product sold by the purchaser, the purchaser holds the proceeds on trust for Design Inferno up to the amount it owes Design Inferno in respect of those goods, and must immediately pay that amount to Design Inferno.

Risk, insurance and damage

The risk in the goods passes to the purchaser when they are delivered or when they are transferred to the purchaser’s transport. The purchaser must keep the goods insured on usual terms against all risks usually insured against for goods of that kind from the time the risk in the goods passes to the purchaser until the time the property in the goods passes to the purchaser.  The purchaser holds the proceeds of that insurance on trust for Design Inferno up to the amount it owes Design Inferno in respect of those goods, and must immediately pay that amount to Design Inferno.
Design Inferno will not be liable for damage discovered after delivery unless:

  • the purchaser gives written notice to Design Inferno and, if applicable, Design Inferno’s carrier within 4 days after the date of delivery, and
  • the purchaser gives Design Inferno reasonable opportunity to inspect the goods in the same condition and place in which they were delivered.

Design Inferno is liable for a defect in goods it manufactures that arises from faulty design, materials or workmanship, but not from fair wear and tear.  Design Inferno is only liable if the defect appears within [insert number] months after the date of delivery.  In the case of goods not manufactured by Design Inferno, Design Inferno will give the purchaser the same benefit of any warranty as given to it by the manufacturer or supplier of goods to the extent that Design Inferno is able to successfully claim under that warranty.
The purchaser must deliver defective goods to Design Inferno’s premises of other premises nominated by Design Inferno within 7 days after the date when the defect is discovered.
All other conditions and warranties of any type in relation to the goods are excluded to the maximum extent allowed by the law.  In respect of goods which are not of a kind ordinarily acquired for personal, domestic or household use or consumption, the liability by law is limited to any one or more of the following, at the option of the supplier:

  • In the case of a breach relating to goods
  • the replacement of the goods or the supply of equivalent goods
  • the repair of the goods
  • the payment of the cost of replacing the goods or of acquiring equivalent goods
  • the payment of the cost of having the goods repaired.
  • In the case of services
  • the re-supply of the services
  • the payment of the cost of having the services re-supplied.

The purchaser will keep Design Inferno indemnified against any loss, damage or liability arising from a use of the goods that is not in accordance with Design Inferno’s instructions.

Default

The purchaser must pay Design Inferno interest of 3.5% on any amount not paid on time. Interest will be calculated daily and captilalised monthly. If the purchaser fails to pay on time, Design Inferno has the right to enter the purchaser’s premises and repossess the goods.  Design Inferno is not liable for any loss, damage or liability suffered.  Design Inferno is entitled to keep or sell the repossessed goods.  Design Inferno is also entitled to suspend any other delivery to the purchaser.  The purchaser remains bound by its obligations to Design Inferno.
Design Inferno may by written notice to the purchaser end the contract of sale immediately in any of the following circumstances:

  • the purchaser fails to perform any of its obligations under the contract of sale
  • the purchaser dies or becomes incapacitated, or ceases, or indicates that it is about to cease, to carry on business
  • any happening that reasonably indicates that there is a significant risk that the purchaser is or will become unable to pay debts as they fall due.  This includes execution or distress being levied against any income or assets of the purchaser; a meeting of the purchaser’s creditors being called or held; a step being taken to make the purchaser bankrupt; and the purchaser entering into any type of arrangement with, or assignment for the benefit of, all or any class of its creditors, or being subject to a deed of company arrangement
  • a step is taken to have a receiver and manager, provisional liquidator or administrator appointed to that person or any of its assets.

If the contract is ended because of the purchaser’s default and the purchaser owes Design Inferno money:

  • The money becomes payable immediately to Design Inferno and bears interest in accordance with clause 14
  • Design Inferno is entitled to enter the purchaser’s premises and repossess any of the goods in the purchaser’s possession or control.

If Design Inferno’s ability to perform its obligations under the contract of sale is adversely affected by any natural or manmade cause beyond Design Inferno’s control, Design Inferno may, if it chooses, end the contract of sale or suspend it for up to 3 months by giving the purchaser written notice.  Design Inferno will not be liable for any loss, damage or liability which the purchaser incurs. The rights and remedies provided in clauses 16, 17 and 18 will not affect any other rights or remedies available to Design Inferno.

Miscellaneous

Unless the quotation specifies that the price is fixed, Design Inferno is entitled to an increase in the price to the extent of the increase between the date of Design Inferno’s quotation and the date when payment is due, if there is an increase in any of the following:

  • Freight, marine all risks and other insurances
  • Shipping costs and expenses
  • Foreign exchange, customs and primage duties
  • Costs of sub-contracted items of work and goods
  • Cost of component parts purchased from other manufacturers
  • Sales tax and any other charge imposed in relation to the goods unless it is specified in Design Inferno’s quotation.

The description of the goods specified in the quotation is given for identification only and does not create a contract of sale by description.
An order may only be cancelled with Design Inferno’s written consent.  Design Inferno is entitled to charge 30% of the price for the goods as a condition of consent.

Neither party may assign any right under the contract of sale without the other party’s written consent.

The fact that either party fails to do, or delays in doing, something it is entitled to do under the contract of sale, does not amount to a waiver of its right to do it.  Any waiver must be in writing.  A written waiver by Design Inferno is only effective in relation to the particular obligation or breach in respect of which it is given.  It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of the obligation or breach in relation to any other occasion.

If a clause or part of a clause can be read in a way that makes it illegal, unenforceable or invalid, but can also be read in a way that makes it legal, enforceable and valid, it must be read in the latter way.  If any clause or part of a clause is illegal, unenforceable or invalid, that clause or part is to be treated as removed from this document, but the rest of this document is not affected.

The contract of sale is governed by the law of Victoria

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48 Logistics Street, Keilor
Park, VIC 3042
Call (03) 9336 7703
sales@designinferno.com.au

Design Inferno is rated4.9/5 based on 9 Customer Reviews

© 2017 Design Inferno Glass. All rights reserved.

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