Globe Interiors Terms of Trade
400 Southport Nerang Road, Ashmore QLD 4214
07 5532 4350
admin@globeinteriors.com.au
ABN 26 009 777 851
1. Definitions
1.1 “Seller” means Globe Agencies Pty Ltd ABN 26 009 777 851 trading as Globe Interiors, its successors and assigns, or any person acting on behalf of and with the authority of Globe Agencies Pty Ltd.
1.2 “Client” means the person or entity named on the quotation, invoice or agreement, or any person acting on behalf of and with the authority of the Client.
1.3 “Guarantor” means the person (or persons), or entity, who agrees to be liable for the debts of the Client on a principal debtor basis.
1.4 “Goods” means the goods quoted and supplied by the Seller to the Client as described on the invoice, quotation, agreement, work authorisation or any other form provided by the Seller to the Client, and where the context permits includes Services. Goods do not include any works not specified in those documents.
1.5 “Services” means all services supplied by the Seller to the Client, including measuring, design, styling, delivery, installation, advice and recommendations, and where the context permits includes Goods.
1.6 “Price” means the price of the Goods and Services as agreed between the Seller and the Client, subject to clause 3.
1.7 “Custom-Made Goods” means Goods made, cut, upholstered, finished or ordered to the Client’s specifications, including curtains, blinds, shutters, upholstered furniture and bedheads, and any Goods ordered in a fabric, size or finish chosen by the Client.
1.8 “Furniture Package” means a package of furniture, furnishings, homewares and accessories supplied and installed by the Seller for a property, as set out in the quotation or agreement.
- Quotation and Acceptance
2.1 Quotations are valid for 30 days unless otherwise agreed in writing by the Seller.
2.2 Quotations are given on the basis that work will be carried out during normal weekday working hours, unless otherwise arranged.
2.3 On receiving the Client’s acceptance of a quotation, the Seller may review the order before work begins, including confirming measurements, availability and site conditions.
2.4 The Client accepts these terms and conditions by signing a quotation or agreement, paying a deposit, giving the Seller instructions to supply Goods, or accepting Goods supplied by the Seller.
2.5 Where more than one Client has entered into this agreement, the Clients are jointly and severally liable for all payments of the Price.
2.6 Once accepted by the Client, these terms and conditions can only be amended with the written consent of the Seller.
2.7 The Client must give the Seller at least fourteen (14) days’ notice of any change in the Client’s name, address or other details.
- Price and Payment
3.1 At the Seller’s sole discretion the Price will be either:
(a) as shown on invoices provided by the Seller to the Client for Goods supplied; or
(b) the Seller’s quoted Price (subject to clause 3.2), which is binding on the Seller provided the Client accepts the quotation in writing within thirty (30) days.
3.2 The Seller may change the Price if the Client requests a variation to the quotation. Variations must be agreed in writing, and additional amounts are payable before installation.
3.3 A deposit is required for all Custom-Made Goods and Furniture Packages. Unless otherwise stated on the quotation, the deposit is 50% of the Price.
3.4 The Seller will place orders with its suppliers only after the deposit has been received and cleared.
3.5 Time for payment is of the essence. Payment is due as stated on the quotation, invoice or agreement. If no time is stated, payment is due seven (7) days after the date of the invoice.
3.6 Unless otherwise agreed, the balance of the Price is payable before installation or delivery. Approved account Clients must pay within seven (7) days after the end of the month in which a statement is issued.
3.7 Payment may be made by direct credit, cash, credit or debit card, or any other method agreed between the Client and the Seller. No card surcharge applies.
3.8 GST and other applicable taxes and duties will be added to the Price unless they are expressly included in the Price.
- Delivery and Installation
4.1 Unless delivery or installation is included in the Price, the Client will collect the Goods from the Seller’s premises at the Client’s cost.
4.2 Where delivery or installation is quoted, the Goods will be delivered or installed at the Client’s nominated address. Delivery to a carrier or third party nominated by the Client is deemed to be delivery to the Client.
4.3 The Seller may deliver the Goods in separate instalments. Each instalment may be invoiced and must be paid in accordance with these terms and conditions.
4.4 The Client must accept delivery of Goods where the quantity delivered is greater or less than the quantity ordered by no more than 5%, and the Price will be adjusted pro rata.
4.5 Delivery and installation dates are estimates based on supplier lead times. The Seller is not liable for any loss or damage caused by delays in supply or delivery, and a delay does not entitle either party to treat this contract as repudiated.
4.6 The Client must tell the Seller before installation about any access limitations, including stairs, lift sizes, doorways, parking, loading docks and building rules. Where the property is in a strata building, the Client must provide written authority for the Seller to deal with building management.
4.7 If the Seller cannot complete installation because of matters outside its control, including access, site readiness or building restrictions, additional installation charges may apply.
- Installation Date and Payment
5.1 Full payment of the Price is due by the agreed installation date, even if building delays, site conditions or other matters outside the Seller’s control prevent installation on that date.
- Rescheduling
6.1 The Client must give at least thirty (30) days’ written notice to change an agreed installation date. Changes made with less notice may incur rescheduling fees.
- Storage
7.1 If installation is delayed by more than fourteen (14) days for reasons outside the Seller’s control, storage fees of $125 per week or part week apply. Storage fees are payable before installation or release of the Goods.
- Delays Outside the Seller’s Control
8.1 If installation is delayed for reasons outside the Seller’s control, the Seller may invoice the balance of the Price, charge storage fees under clause 7, and reschedule installation to its next available date.
- Risk
9.1 Risk in the Goods passes to the Client on delivery, even if ownership has not yet passed to the Client.
9.2 If any Goods are damaged or destroyed after delivery but before ownership passes to the Client, the Seller is entitled to receive all insurance proceeds payable for the Goods. These terms and conditions are sufficient evidence of the Seller’s right to those proceeds.
- Title
10.1 Ownership of the Goods does not pass to the Client until the Client has paid all amounts owing for the Goods and met all other obligations to the Seller under all contracts between them.
10.2 Payment other than cash is not treated as payment until it has been honoured or cleared.
10.3 Until ownership passes to the Client:
(a) where practicable, the Goods must be kept separate and identifiable;
(b) the Seller may give written notice requiring the Client to return the Goods;
(c) the Seller may stop the Goods in transit, whether or not delivery has been made;
(d) if the Client fails to return the Goods, the Seller or its agent may enter the premises where the Goods are located and take possession of them;
(e) the Client holds the Goods as bailee and holds any proceeds of sale or disposal of the Goods on trust for the Seller;
(f) the Client must not charge the Goods or give any other person an interest in them; and
(g) the Seller may take proceedings to recover the Price even though ownership has not passed.
- Allocation of Goods
11.1 If the Client does not pay an amount when due, the Seller may allocate the Client’s Goods to another client. New lead times will then apply once payment is made, and the Seller is not liable for any resulting delay.
- Client’s Responsibilities
12.1 The Client is responsible for confirming that the Goods selected suit the Client’s purpose, including size, use and placement, relying on the Client’s own judgement. This does not limit the Client’s rights under the Australian Consumer Law.
12.2 Supply of Goods is subject to availability of Goods and materials from the Seller’s suppliers. If an item is discontinued or unavailable, the Seller will offer an alternative of similar style, quality and price, and will not substitute any item without the Client’s written approval.
12.3 Natural materials such as timber, stone, marble, travertine, rattan, leather, linen and other fabrics vary in colour, grain and texture from samples, images and display stock. These variations are not defects.
12.4 The Seller is not responsible for changes in length, shrinkage or dropping of fabric. Alterations needed for these reasons will be charged.
12.5 Any quotation or invoice is subject to correction of clerical or mathematical errors.
12.6 The Seller is not responsible for errors in the Client’s own measurements.
12.7 The Client is responsible for removing existing furniture or furnishings where needed for installation. A charge may apply if the Seller is asked to remove them.
12.8 Goods made larger than the manufacturer’s recommended size are not covered by warranty.
12.9 Standard finished curtain drops have 10mm clearance unless otherwise agreed in writing.
- Fixings and Surfaces
13.1 The Client must make sure that walls, ceilings, windows and other surfaces are sound and suitable for fixing, and must tell the Seller about any hidden services or obstructions.
13.2 The Seller takes reasonable care but is not liable for marks, cracking or damage to surfaces that are unsound or unsuitable. Extra charges may apply if fixing is not possible using standard methods or fixings.
- Defects
14.1 The Client must inspect the Goods on delivery and notify the Seller in writing within seven (7) days of any alleged defect, damage, shortage, or failure to match the description or quotation. The Client must give the Seller a reasonable opportunity to inspect the Goods.
14.2 If the Client does not notify the Seller within that time, the Goods are taken to be accepted and free from any defect or damage.
14.3 For defective Goods that the Seller agrees in writing may be rejected, the Seller will repair or replace the Goods at its discretion.
- Returns
15.1 Returns will only be accepted if:
(a) the Client has complied with clause 14;
(b) the Seller has agreed in writing to accept the return;
(c) the Goods are returned at the Client’s cost within seven (7) days of delivery; and
(d) the Goods have been properly stored and handled and are in their original condition.
15.2 Goods accepted for return for credit may incur a restocking fee of 15% of their value, plus freight.
15.3 Custom-Made Goods, and Goods supplied as part of a Furniture Package once installed, cannot be returned for change of mind.
- Warranty
16.1 The Seller’s warranty on Goods and Services for residential use is two (2) years, unless otherwise specified in writing.
16.2 For Goods supplied for commercial, short-term rental or holiday letting use, the Seller’s warranty is twelve (12) months from installation, unless otherwise specified in writing.
16.3 Defects in the Seller’s workmanship must be reported within one (1) month of installation. The Seller will then repair the defect or remedy the workmanship at its discretion.
16.4 For Goods not manufactured by the Seller, the manufacturer’s warranty applies. The Seller will assist the Client in making a claim but is not bound by any term or warranty given by the manufacturer.
16.5 Warranties, including manufacturers’ warranties passed on by the Seller, apply only once the Price has been paid in full.
16.6 Warranties do not cover defects or damage caused by:
(a) failure to properly maintain or care for the Goods;
(b) failure to follow instructions or care guidelines provided by the Seller or the manufacturer;
(c) use of the Goods other than for the purpose stated on the quotation or order;
(d) misuse, guest or tenant damage, accident, or act of God;
(e) fair wear and tear; or
(f) continued use of the Goods after a defect becomes apparent.
16.7 Warranties end if the Goods are repaired, altered or overhauled without the Seller’s consent. Warranties are not transferable if the Goods or property are sold.
16.8 Where the Client moves the Goods more than 50km from the original delivery address, the Client must pay any freight or travel costs for warranty work.
16.9 The Seller is not liable to compensate the Client for any delay in repairing or replacing Goods or in assessing a claim.
- Australian Consumer Law
17.1 Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms and conditions excludes, restricts or modifies any right or remedy the Client has under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or any other legislation, where that is not permitted.
- Intellectual Property and Photography
18.1 Copyright in any designs, drawings, layout plans, mood boards and quotations prepared by the Seller remains with the Seller. The Client may use them only for the project they were prepared for.
18.2 The Client warrants that any designs or instructions given to the Seller will not cause the Seller to infringe any patent, registered design, trademark or copyright.
18.3 The Seller may photograph completed installations for its portfolio and marketing, without showing personal details, unless the Client asks in writing that it does not.
- Default
19.1 Interest on overdue amounts accrues daily from the due date until payment at 2.5% per calendar month, compounding monthly, both before and after any judgment.
19.2 If the Client defaults in payment, the Client must indemnify the Seller for all costs of recovering the debt, including legal costs on a solicitor and own client basis and collection agency costs.
19.3 If the Client breaches any obligation, including payment, the Seller may suspend or terminate supply of Goods and Services. The Seller is not liable for any loss the Client suffers as a result.
19.4 If any account remains overdue after thirty (30) days, an administration fee of the greater of $20.00 or 10% of the overdue amount (up to $200) is payable immediately.
19.5 Without limiting its other remedies, the Seller may cancel any unperformed part of an order, and all amounts owing become immediately payable, if:
(a) any amount payable to the Seller is overdue, or in the Seller’s opinion the Client will be unable to pay as amounts fall due;
(b) the Client becomes insolvent, or proposes or enters into an arrangement with its creditors; or
(c) a receiver, manager, liquidator or similar person is appointed to the Client or any of its assets.
- Cancellation
20.1 The Seller may cancel an order by written notice at any time before the Goods are ordered and will refund any amounts paid. The Seller is not liable for any loss arising from that cancellation.
20.2 If the Client cancels an order, the Client is liable for any loss incurred by the Seller up to the time of cancellation, including loss of profit.
20.3 Deposits are forfeited if the Client cancels more than 24 hours after the order is placed.
20.4 Custom-Made Goods cannot be cancelled once ordered, and the Client must pay their full Price.
- Privacy
21.1 The Seller collects the Client’s personal information to provide quotations, Goods and Services, manage accounts and communicate with the Client. The Seller will not disclose it except to suppliers, installers, building managers and service providers as needed to complete the work, or as required by law.
- General
22.1 If any provision of these terms and conditions is invalid or unenforceable, it will be read down or severed and the remaining provisions continue to apply.
22.2 Where a signed agreement or quotation conflicts with these terms and conditions, the signed agreement or quotation prevails.
22.3 These terms and conditions are governed by the laws of Queensland, and the parties submit to the jurisdiction of the courts of Queensland.
