Terms & Conditions

Definitions:

In these conditions:

"Agreement" means any written contract entered into for the provision of goods and/or services by the Seller to the Buyer;

"Terms" means these Terms and Conditions of Sale;

"Buyer" means a person, company, firm or corporation, jointly and severally if there is more than one, acquiring goods or services from the Seller;

"Seller" means Prototype Contract Furniture Pty Ltd (ACN 132 526 651);

"Goods" means goods supplied by the Seller to the Buyer;

"Services" means services supplied by the Seller to the Buyer;

"Intellectual Property" means all copyright, trademarks, designs, confidential information, owned or licensed by the Seller in respect of the goods and services.

Agreement
This website, quotation or any subsequent revised quotation, when accepted, shall constitute that final agreement between the parties and contain all the relevant terms and conditions of this agreement. The offer in this quotation is valid for a period of 30 days from the date noted on the quotation.

Payment Terms
Unless otherwise agreed in writing, payment for the goods and/or services is 50% deposit to commence processing order and balance prior to dispatch unless otherwise agreed in writing by the Seller.

Payment terms may be revoked or amended at the sole discretion of the Seller immediately upon giving written notice to the Buyer, Prototype Commercial Furniture reserves the right to charge a 3.5% plus GST surcharge on American Express or Diners Club Credit Cards, 1.75% + GST on Visa and MasterCard Credit Cards.

Late Payment
Payment is of the essence to our contractual arrangements and we expect payment within the terms agreed. Prototype will levy a 1.5% interest charge per month on late payment of invoices.

Warranties
Prototype Commercial Furniture provides a 1 (one) year commercial warranty. The warranty covers defects in the materials and workmanship used in the manufacture of the products. The Warranty is that Prototype Commercial Furniture will repair or replace furniture that failed structurally during normal use and proper care and maintenance.

Tax
Unless otherwise stated, all prices quoted exclude GST.

Availability
Prototype Commercial Furniture will not be liable for any claim arising from failure to deliver or for delay in delivery occasioned by unavailability of materials, strikes, accidents or any cause or event beyond the reasonable control of the company.

Delivery
The Buyer must advise the Seller in writing within 48 hours of receipt:

  1. of the non arrival of any or all of the goods;
  2. if there is damage to the goods;
  3. that the wrong goods have been received;
  4. that the quantity of the goods in incorrect
  5. or the goods do not meet specifications

Currency
All prices quoted with Prototype are quoted in Australian Dollars and are inclusive of GST except where stated.

Ownership
The product remains the property of the seller until payment for goods has been received in full. If the Buyer fails to make payment (or part thereof), the Seller shall be entitled to retake possession of the goods until payment is made or at its option resell the goods but without prejudice, to its other rights and remedies.

Should this purchase of products be made on behalf of a Buyer, it is understood that the Buyer has read and accepted the Terms and Conditions of our quotation.

Confidentiality
The Seller agrees to treat in confidence any unpatented inventions, ideas, know-how, concepts, trade secrets, processes, techniques, software, products and all other intellectual property, financial and business products and all other intellectual property, financial and business information and all other commercially valuable information confidential to it, and all copies, notes and records and all related information generated by Prototype Commercial Furniture based on or arising out of any such disclosure of any kind but does not include information which:

  • at the time of disclosure is already in the public domain; 
  • becomes available to the public by any means other than breach of this agreement by the receiving party; 
  • is received by a party from an independent third party who is lawfully in possession and has the power and authority to disclose the information; 
  • or is required to be disclosed by law.

Storage Fees
Where products have been prepared for delivery/produced/manufactured or finished in accordance with an agreed delivery schedule and that delivery schedule is delayed so that delivery is deferred beyond the scheduled delivery date, and where Prototype is required to store the goods at its premises or other premises as required, storage charges will be applied and charged at a rate of $44.50 per pallet space per week, or if freestanding $49.50 per square metre per week.

Insurances
Where delivery is quoted ex warehouse, then the insurance is the responsibility of the Buyer. In other cases, responsibility for insurance shall be agreed in writing between the Buyer and seller. Risk in the goods shall pass to the Buyer upon delivery.

Termination
If this contract is terminated by the Buyer for any reason other than the non-performance of the Seller (based on performance standards set out in the final agreement), then Prototype Commercial Furniture reserves the right to seek compensation for all stock committed to specifically for the purpose of fulfilling our obligations under the agreement.
Such compensation would be equal to the cost incurred by the Seller for the purchase of the stock in question.

Copyright Disclaimer
This website content, visuals, videos and any quotation publication sent from Prototype Commercial Furniture is copyright. Other than for the purposes and subject to the conditions prescribed under the Copyright Act, no part of it (including photographs) may be in any form or by any means (electronic, mechanical, micro copying, photocopying, printing, recording or otherwise) be reproduced, stored in a retrieval system or transmitted without prior written permission from Prototype Commercial Furniture.