Legal Information

FIONA HARRISON t/as ASHLEY'O (“Ashley'O”)

TERMS AND CONDITIONS OF SALE

1. FORMATION OF CONTRACT

• 1.1 If Ashley'O accepts an order from you, a contract will be formed on these terms and conditions.

• 1.2 The use of your own terms and conditions is no derogation from these terms and conditions. Ashley'O will not be bound by any terms attaching to or accompanying your order and you agree that any such terms are expressly excluded.

• 1.3 Ashley'O may add to or amend these terms and conditions at anytime by giving you notice in writing. If you continue to place orders with Ashley'O you will be taken to have accepted the terms and conditions in their amended form.

2. PRICE

• 2.1 You must pay Ashley'O the price for the goods shown on Ashley'O’s invoice. You must also pay Ashley'O the amount of any GST which is payable in respect of the goods or otherwise under these terms and conditions.

3. ORDERS

• 3.1 You may not cancel any order for goods or refuse to accept delivery of ordered goods.

• 3.2 If you attempt to cancel an order or refuse delivery, Ashley'O may take steps to recover the full price for the goods (and associated delivery costs) in addition to exercising all other rights and remedies Ashley'O may have against you.

• 3.3 Ashley'O may accept or decline any order for goods in whole or in part.

4. DELIVERY

• 4.1 As a separate agreement, you hereby acknowledge and agree that unless otherwise agreed in writing, you request that Ashley'O arrange for delivery of the goods shown on the invoice from Ashley'O’s premises to your premises.

5. PAYMENT

• 5.1 You must pay Ashley'O the price for the goods specified in the invoice and all taxes (including GST) in full within the time specified in the invoice.

• 5.2 Until you have paid Ashley'O the price in full for the goods (including GST) you must:

  1. keep the goods in such a way that they are clearly identifiable as Ashley'O’s property; and
  2. keep on trust for Ashley'O any proceeds you receive from selling the goods; and
  3. give the proceeds to Ashley'O immediately if Ashley'O asks for them.

• 5.3 If any goods are not paid within the time specified in the invoice:-

  1. title does not pass to you and Ashley'O may repossess the goods which are Ashley'O’s property; and
  2. you authorise Ashley'O, Ashley'O’s officers, employees and agents to enter any premises owned or occupied by you where the goods are located to repossess the goods.

• 5.4 Ashley'O is not liable for any damage caused to your premises while Ashley'O are repossessing the goods. You indemnify Ashley'O against any claim in respect of damage made by any party.

• 5.5 Ashley'O may resell any goods which Ashley'O repossess on any terms and in any manner Ashley'O sees fit.

• 5.6 All payments must:-

  1. be made in Australian dollars in immediately available funds;
  2. be made in full without set-off or counterclaim and without any deduction in respect of taxes; and
  3. be made as Ashley'O directs in its invoice or otherwise.

6. LIABILITY

• 6.1 To the maximum extent permitted by law, Ashley'O’s liability is limited at Ashley'O’s option to the replacement of goods or the supply of equivalent goods or paying the cost of supplying or resupplying replacement or equivalent goods.

• 6.2 Ashley'O shall not in any circumstances be liable to you for any indirect or consequential loss or damage, including without limitation loss of profits.

7. INTELLECTUAL PROPERTY

• 7.1 You acknowledge Ashley'O owns all intellectual property in Ashley'O’s corporate and business names, brand names, trade marks, service symbols, logos, product design and other trade indicia. Nothing in this agreement transfers any of those rights to you.

8. SAMPLES

• 8.1 Any sample inspected by you is provided solely for your convenience and does not constitute a sale by sample.

• 8.2 You acknowledge that any sample provided may be faulty or not representative of the total quantity of the goods sampled, and that therefore any samples provided by Ashley'O will only be representative of the goods to be provided.

9. GENERAL

• 9.1 These terms and conditions are governed by the laws of New South Wales and Ashley'O and you accept the non-exclusive jurisdiction of the courts of New South Wales in relation to any dispute arising under these terms and conditions.

• 9.2 Any part of these terms and conditions which is invalid or unenforceable will be read down or severed to the extent of such invalidity or unenforceability, without affecting the remaining provisions.

• 9.3 If two or more persons are named in the attached invoice as Ashley'O’s customer then any of you jointly or each of you individually must comply with these terms and conditions.