Terms & Conditions

TERMS AND CONDITIONS OF SALE

 

These Terms and Conditions of Sale are applicable to purchases  from NEGOTIUM CAPITAL PTY LTD trading as MONARCH FURNITURE,  Our Licensees, installers, or agents  (herein after known as “MONARCH FURNITURE”,“US,”We,”Our”) of Our Products and/or Installation Services (“Product”).

These terms represent the complete Agreement between Us and You covering the sale of products from Us. Payment by You of a deposit pursuant to our tax quotation and/or invoice/order form (“Order Form”) will constitute an offer to us to purchase Products (the “Order”). All Orders are subject to acceptance by Us.

 

TERMS OF TRADE

MONARCH FURNITURE offers to sell the goods  to the purchaser whom Order Form  is addressed for the price set out .

The purchaser accepts the Product  on the following conditions:

  • Prices for the goods are as set out on the quotation and/or invoice;
  • All goods and services tax levied either directly or indirectly upon the goods or upon freight charges (if any) shall be paid by the purchaser;
  • Unless otherwise expressly provided in writing herein, all costs of transportation are to be paid and borne by the purchaser and delivery of the goods to the carrier shall constitute delivery thereof to the purchaser, and thereafter such goods shall be at the purchaser’s risk.
  • MONARCH FURNITURE reserves the right to require payment in advance for any delivery hereunder or to require satisfactory security for payment to be given prior to such delivery taking place. In the event the purchaser fails to make payment in accordance with the terms of this agreement, MONARCH FURNITURE  reserves the right to cancel any delivery of the goods.  If no arrangement is made for prepayment then it is deemed that payment is strictly by cash, or direct deposit into MONARCH FURNITURE ’s nominated account and is due and payable prior to dispatch from MONARCH FURNITURE ’s premises.  Where MONARCH FURNITURE  decides to issue credit terms to the purchaser the terms are strictly 30 days from the date of invoice.
  • MONARCH FURNITURE will be entitled to invoice the purchaser on the date the product (s) delivered to the carrier. This is applicable only where MONARCH FURNITURE has issued the purchaser with credit terms.
  • MONARCH FURNITURE shall not be liable for failure to deliver or delayed delivery by reason of the following matters affecting delivery:-
    • fires, floods or other causalities;
    • Wars, riots, civil uprising, embargos, government regulation or MONARCH FURNITURE ’s inability to obtain product from its usual source of supply;
    • Delays in transportation to MONARCH FURNITURE , howsoever caused;
    • Other contingencies of manufacture or delivery whether or not of a claim mentioned and not reasonably within MONARCH FURNITURE ’s control.
  • Until the goods are paid for, full ownership thereof shall remain with MONARCH FURNITURE . Until the goods are paid for in full by the purchaser the relationship between the parties shall be fiduciary and the purchaser shall hold the goods as bailee for MONARCH FURNITURE .
  • MONARCH FURNITURE may, if the purchaser is in default in payment for the goods, retake possession of the goods without notice, without being liable for any losses incurred or damage sustained as a direct or indirect consequence of MONARCH FURNITURE  retaking possession of the goods.
  • The purchaser agrees that MONARCH FURNITURE has access to its premises during normal business hours for the purpose of retaking possession the goods.
  • MONARCH FURNITURE shall have all of the above rights notwithstanding that the purchaser defaults or commits an act of bankruptcy or a receiver is appointed to the purchaser’s business or the purchaser goes into liquidation.
  • The purchaser agrees and acknowledges that MONARCH FURNITURE has the right to resell any or all of the goods of which it has retaken possession.
  • If any money is not paid on the due date, the purchaser shall pay interest on that amount at the rate of 12% per annum to MONARCH FURNITURE until the amount outstanding is actually paid.
  • If and in the event that the purchaser becomes insolvent or bankrupt or calls a meeting of creditors or goes into liquidation voluntarily or otherwise, MONARCH FURNITURE may suspend or cancel the order.
  • Any legal costs or expenses incurred by MONARCH FURNITURE in recovery of any outstanding payment under this invoice shall be payable by the purchaser.
  • Any special terms of sale on the reverse hereof are by this reference incorporated herein with the same force and effect as those set out herein in full and shall prevail to the extent of any inconsistency with these printed terms and conditions.
  • The purchaser shall inspect the Product immediately upon delivery and/or completion thereof and shall within not more than seven (7) days from the date of delivery and or completion of installation give notice in writing to MONARCH FURNITURE of any defect in the goods and/or workmanship or of any failure by MONARCH FURNITURE  to deliver goods as ordered by the purchaser.  If the purchaser fails to give such notice then the goods shall be deemed to be in all respects in accordance with the order placed by the purchaser.
  • If for any reason whatsoever MONARCH FURNITURE accepts the goods returned by the purchaser, the purchaser shall pay to MONARCH FURNITURE  10% of the invoice price as a handling charge.
  • MONARCH FURNITURE shall not be responsible for any consequential loss or damage which may be occasional by any failure of the goods or from any cause whatsoever.
  • These terms of trading and any writing on the reverse hereof shall constitute the entire agreement between the parties except to the extent that such terms of trading are modified in writing and signed by both parties.
  • MONARCH FURNITURE shall, in respect of all unpaid debts due from the purchaser have a general lien on all goods ordered by the purchaser in the hands of MONARCH FURNITURE  and shall be entitled on the expiration of 10 days notice to the purchaser to dispose of such goods as MONARCH FURNITURE  thinks fit and to apply the proceeds towards such unpaid debts.
  • No waiver by MONARCH FURNITURE of any one breach of these terms of trading shall operate as a waiver of another breach of the same or of any other such terms of trading and the doing or omission of any act, matter or thing whatsoever by MONARCH FURNITURE , its servants or agents (which but for this clause would amount to a waiver of MONARCH FURNITURE ’s rights in respect of any such breach or default) shall not operate nor be deemed to be a waiver in any way of MONARCH FURNITURE ’s rights and powers in respect of any such breach or default of any rule of law or equity to the contrary notwithstanding.
  • The Trade Practices Act 1974 (Cth) and similar laws may confer rights and remedies on you in relation to the provision by MONARCH FURNITURE of goods ordered by you which cannot be excluded, restricted or modified.  MONARCH FURNITURE  does not exclude such rights but does exclude all other conditions and warranties of any kind implied by custom, law or statute.  To the fullest extent permitted by law, MONARCH FURNITURE ’s liability for breach of any warranty or condition which cannot be excluded is limited at the option of MONARCH FURNITURE  to the supply of the goods and/or services ordered by you again or paying for their resupply.
  • These terms and conditions shall be governed and construed in accordance with the law in the state of New South Wales and the parties agree to submit to the jurisdiction of the courts and tribunals of that state.
  • MONARCH FURNITURE reserves the right to revise these terms & conditions from time to time without notice.

 

STOCK AVAILABILITY

If a product is unavailable when we process your order we will contact you to discuss a revised delivery & installation date, product substitute option,  or refund options.

 

CANCELATION

Any cancellation must be communicated to our customer service department on sales@monarchfurniture.com.au . We will endeavour to accommodate Your request, if the merchandise has not been prepared and/or shipped. If Your entire Order is cancelled prior to production and/or shipment to You, We will apply a refund all monies less our cancellation fee. If an Order has been shipped any cancellation will require full payment.