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Terms

The following Conditions of Sale govern Daniel Boddam's supply of product. Please read these terms and conditions carefully. When you purchase online or accept our quotation, you are deemed to have accepted and will be bound by these Conditions of Sale.

You acknowledge that these Conditions of Sale may be amended and varied by us from time to time.

To view the most recent version, please refer to our website at www.danielboddam.com.

In these Conditions of Sale 'we' or 'us' or 'our' means Daniel Boddam and 'you' means you the customer.

1. STAINS

1.1 Daniel Boddam offers a standard natural American Oak finish and two alternative stain options that being Smoked Oak and Limed Oak on all timber products.

1.2 Stain to 'Match' is available for most products and will incur a one-off additional charge. Further information and pricing can be obtained by contacting our Studio.

1.3 You acknowledge that variations to grain and colour occur naturally and these may be evident in the finished product.

2. LEATHER & FABRIC (to be supplied by the Customer)

2.1 Fabric must have a minimum width of 137cm.

2.2 The meterages quoted:

(a) assume no pattern-matching, and

(b) are non-directional.

2.3 A 20% handling fee is charged for all fabric that Daniel Boddam procures for your order.

2.4 Subject to any rights you may have under the Australian Consumer Law, Daniel Boddam is not responsible or liable for the suitability of, or any other issue in respect of any fabric provided by the Customer.

3. PRICING

3.1 Our pricing is exclusive of GST unless stated otherwise. All retail prices shown on our website are inclusive of GST.

3.2 Our pricing is ex-warehouse (either Sydney or Brisbane) and does not include delivery or freight costs unless otherwise stated.

3.3 Our pricing does not include installation, unless otherwise stated on a quotation provided by our Studio.

4. ORDERS AND PAYMENT

4.1 Orders must be received either in writing (e-mail or post) or through our website, and will not be processed unless accompanied with delivery details and a deposit payment. An Order Acknowledgement will be sent by us to you, confirming your order. Notification to Daniel Boddam must be made in writing, within 48 hours for any amendments or additions to the order. Where no notification is made within this period, the order stands as confirmed by the Order Acknowledgement.

4.2 Terms:

(a) All orders placed through out website must be paid for in full online at the time of ordering

b) A 50% non-refundable deposit is due on all industry orders at the time of order placement with the balance of the order (including any additional service, storage, delivery and/or installation) payable prior to the goods leaving our warehouse. Failure to do so may delay your delivery and fees may be charged at the discretion of Daniel Boddam.

4.3 Payment can be made by cash, EFT or by credit card (for orders online via Paypal).

4.4 All goods remain the property of Boddam Pty Ltd until paid for in full (including any additional charges such as storage, delivery, installation or other charges).

5. LEAD TIME

5.1 In general, our lead-time is 6-12 weeks depending on the order and is dependent on our manufacturers.

5.2 All lead times are subject to availability of fabric and materials from other suppliers to our manufacturer.

5.3 Confirmation of lead time is subject to final order quantity and product availability.

5.4 Daniel Boddam will not be liable for any loss or claims arising from a delay in delivery due to strikes, shipping, accidents, unavailability of materials, manufacturer's delays, or events beyond the reasonable control of the company.

6. DELIVERY

6.1 If delivery is required, a delivery charge will be quoted once precise site conditions and the location are known. All quotes include insurance, unless otherwise stated and/or agreed. Any date that may be specified for delivery is an estimate only, based on lead times, and is not a guaranteed date, or a date that is fixed by these Conditions of Sale or otherwise.

6.2 Delivery details must be provided to Daniel Boddam upon order confirmation or as soon as possible afterwards. Any changes to delivery details must be made by you to Daniel Boddam within 48 hours of your receipt of the Order Acknowledgement from us.

6.3 Subsequent deliveries in relation to an order will incur additional delivery charges, which will be invoiced to you and payable prior to delivery.

6.4 Delivery is only made on a Business Day unless otherwise stated.

6.5 Where part deliveries are made, Daniel Boddam maintains the right to invoice the customer for pro rata progress payments in respect for those items delivered.

6.6 Delivery is provided on the basis that the site is easily accessible and is within the hours of 8am – 5pm on a Business Day.

6.7 You must arrange for reasonable assistance to be provided to us upon delivery to a site, including (where applicable):

(a) Clear and reasonable site access must be provided with unrestricted lift facilities

(b) Access to the loading dock

(c) An authorised representative to sign for receipt of order.

7. INSTALLATION / PLACEMENT ON SITE (IF APPLICABLE)

7.1 Any charges incurred in placement or installing of any goods are charged separately. Daniel Boddam is not responsible for any placement or installation unless stated on the Order Acknowledgement.

7.2 All reasonable precautions will be taken to avoid damage when the goods are being installed.

7.3 If placement or installation is not part of this supply contract, you are responsible for all packaging, including its removal and disposal. Subject to this obligation, we will use reasonable endeavours to leave the site in the same state as we found it.

8. DELIVERY DELAYS

8.1 In the event of delayed delivery due to customer request, Daniel Boddam will hold the order in part or whole beyond the original date of delivery free of charge for 7 days. After this time the customer must make alternative arrangements for storage.

8.2 If you require us to store the goods, or do not make alternative arrangements for storage beyond our free of charge period, then you agree to pay, and we will invoice you at the actual delivery date, for storage at a rate of $75/cubic metre/ month or there part of for the total value of items held.

9. RISK AND TITLE

9.1 Risk in any goods passes when we notify you that the goods are available for collection or, in the case of good that are to be delivered, when the goods are consigned to you or the original date of delivery (whichever occurs first). Subject to any rights that you may have under the Australian Consumer Law, you accept all responsibility for any loss of or damage caused to the items by delivery, or a failure of delivery, and you release us from any liability for any loss or damage caused as a result.

9.2 All items to be delivered must be delivered to a specified premises, and receipt must be acknowledged by signature.

9.3 Title in any goods only passes to you when we receive the full order payment in cleared funds.

10. WARRANTY:

10.1 Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

10.2 Goods that we sell to you also come with a manufacturer's warranty that their products are free of manufacturing defects and faults for a period of 12 months from delivery. Information regarding warranty on individual orders can be provided upon request. Daniel Boddam will provide each customer with Furniture Care information.

10.3 This warranty specifically excludes damage due to normal wear and tear, abuse or misuse of the product for other than its intended purpose.

10.4 As wood is a natural material, light tone and grain differences among the various elements that make up the product may occur. Moreover, if the products are purchased in different periods, the elapsed time and climatic conditions can cause variations in colour and/or tonality and Daniel Boddam cannot accept any claim in this regard.

10.5 No claim will be recognised for damage to upholstery other than the manufacturer's standard collection. In addition, damage due to natural wear and tear of upholstery, or damage due to moths and other vermin is specifically excluded.

10.6 In order to claim under the defects warranty you must notify Daniel Boddam promptly upon discovery of a possible problem together with details of date of purchase, Daniel Boddam order number and product description.

10.7 You are responsible for minimising the extent of any potential claim and any reasonable expenses incurred in connection with a claim under this warranty. Daniel Boddam will consider any reasonable expenses that you may have incurred by submitting proof of those expenses to us. Any claim will be considered and process commenced within 7 days.

10.8 The benefits to you given by this warranty are in addition to other rights and remedies under any law in relation to the goods or services to which the warranty relates.

11. OUR LIABILITY TO YOU

11.1 To the extent permitted by law, we exclude all liability in respect of: (a) any indirect or consequential loss, any loss of profit, use, anticipated savings, goodwill, reputation or business contracts, claims brought against you by any third party, or any other form of pure economic loss whether arising in contract, tort (including negligence) or otherwise and; (b) any loss, damage or liability of any kind suffered by you or any third party directly or indirectly caused by modifications, adjustment, repairs or remedial work carried out by you or third parties without our prior written approval.

11.2 These Conditions of Sale do not exclude or modify any condition, or warranty implied into these Conditions of Sale or any guarantee conferred by or any liability imposed on Daniel Boddam by any law including the Australian Consumer Law, if to do so would contravene that law or make any part of this clause void or unenforceable.

11.3 Subject to clause 11.2, Daniel Boddam (a) other than as expressly set out in these Conditions of Sale excludes all implied terms, conditions, warranties and guarantees to the full extent permitted by law (b) where the goods or services supplied by Daniel Boddam under these Conditions of Sale are of a kind ordinarily acquired for personal, domestic or household use or consumption or otherwise have a price less than $40,000, limits its liability for breach of any condition, warranty or guarantee that cannot be excluded under the Australian Consumer Law (at Daniel Boddams's option):

(i) for goods:

(A) repairing or replacing those goods or

(B) paying the cost of having those goods repaired or replaced and

(ii) for services

(A) resupplying the services or

(B) paying the cost of having the services resupplied; and

(C) excludes any liability to the other party for any

(i) loss of opportunity, lost revenue or lost profits or

(ii) special or consequential loss.

11.4 Our total liability in respect to negligent damage to property is restricted to items installed by us whilst in our care, custody and control and is limited to the reasonable costs for the repair or replacement of the property.

11.5 Our fees have been calculated on the basis that we can exclude or limit liability as set out in these Conditions of Sale. You confirm that you will bear yourself (or insure against) any loss for which we have excluded or limited liability.

12. CLAIMS

12.1 Customers should inspect all items at the time of delivery, and sign delivery documents provided.

12.2 Claims for damage in delivery must be recorded (with photographs) at the time of delivery.

13. CANCELLATION

13.1 In the event of an order cancellation by you (a) within 7 days of the order placement, a minimum fee is payable of 10% of the total order, payable within 7 days, or (b) after 7 days of the order placement, you will be liable for the total order value, payable within 7 days, which we both agree is a genuine pre-estimate of the loss Daniel Boddam is likely to suffer in the event of cancellation of an order by you.

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