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We do not guarantee the continuous supply of any product and/or service. We are not liable for any loss suffered due to non-supply of any product and/or service. Any inaccuracy of information shall be considered a typographical error. We are in no way responsible for the privacy, content, or view expressed by any web site linked to this web site. You are free to link another site to this site so long as you do not imply any sponsorship by us of your site (unless permission is given by us to the contrary).
You may only display one of our registered trademarks (including our logo) on your web site if we expressly give you permission to do so. In any case, the trademark must only be displayed in the form provided by us and may not be changed or manipulated in any way. This web site, the information it contains and the products and/or services offered should only ever be considered as displayed and/or provided in the state of Victoria, Australia.
DDK COMMERCIAL INTERIORS PTY LTD
(A.C.N. 051 715 014)
Conditions of Sale.
1. Payment Terms, Ongoing Credit and Quotes
(a) All accounts are strictly net 30 days from the last day of the month in which goods are purchased.
(b) Breach by the customer of Clause (a) shall entitle DDK to require immediate payment of all invoices rendered by DDK to the customer.
(c) The customer agrees to pay interest at 15% per annum on amounts outstanding in excess of the period allowed by clause 1(a) and the customer agrees to pay any legal or recovery costs incurred by DDK in collecting overdue payments.
(d) The granting of credit and the continued provision of credit shall be at the absolute discretion of DDK and may be withdrawn at any time without notice.
(e) Quotes are valid for 90 days. DDK reserves the right to vary the quote in the event of any change to the quantity, specification or delivery times.
(a) Except as required by statute, DDK shall be under no liability to the customer for any loss, including (but not limited to) loss of profits and consequential loss or for damage to persons or property caused by any act or omission, including (but not limited to) negligent acts or omissions of DDK or DDK’s employees or agents.
(b) Except as required by statute, all implied conditions and warranties are hereby excluded and DDK’s liability hereunder (if any) shall be limited at DDK’s discretion to the replacement of the product, the supply of the equivalent product or to the value of the product supplied by DDK.
(c) DDK does not warrant that its product is of a description, quality or character suitable for the purpose for which it is purchased by the customer unless DDK has provided express written provision to the contrary.
(d) DDK shall not be responsible for any loss the customer incurs as a consequence of delay in delivery of DDK’s product. The customer agrees not to make any claim against DDK for loss or damage or costs of any nature whatsoever arising from DDK’s failure to supply product by any estimated delivery date.
3. Retention of Title to Property, Risk and Insurance
(a) Ownership, property and title in and to all products supplied by DDK to the customer shall only be transferred to the customer when payment has been made in full by the customer to DDK for all sums owing to DDK pursuant to any purchase or any another arrangement and until all products supplied by DDK to the customer have been paid in full, DDK shall have the right to call for, and the customer is under an obligation to deliver forthwith upon demand any products supplied by DDK still in the possession of the customer.
(b) Until payment in full (and subiect to Clause 7 below), the customer shall store the products separately and in such a way to clearly indicate that they are DDK’s products.
(c) The products shall be held by the customer as fiduciary bailee and agent for DDK and DDK’s representatives shall be entitled to enter upon premises owned or occupied by the customer to inspect the products.
(d) If the customer:-
(i) makes default in any payment to DDK ín respect to the supply of products;
(ii) is, in the opinion of DDK’s credit manager or equivalent officer, likely to become bankrupt or insolvent;
(iii) has a receiver, administrator, trustee or similar officer appointed over its property;
(iv) disposes of, or threatens to dispose of, its assets other than in the ordinary course of business;
DDK may (without prejudice to any other rights of DDK), with or without notice and forcibly if necessary, enter upon any premises owned or occupied by the customer where DDK’s credit manager or equivalent officer reasonably believes that products supplied by DDK may be stored and recover and do all things necessary to recover the products.
The customer shall be liable for all costs of whatsoever nature of and associated with the exercise of DDK’s rights under this clause.
(e) Notwithstanding anything else contained herein, risk in the products shall pass at the time of delivery and the customer shall insure (and keep insured) the products.
The customer hereby indemnifies and shall keep DDK indemnified at all times against any claim for damage or loss whatsoever or howsoever caused arising from the entry or presence of delivery or other vehicles for and behalf of the customer upon the premises of DDK.
5. Consignment Stock
The customer agrees that all consignment stock supplied by DDK for display purposes shall be deemed to be the property of DDK until such time that DDK is paid for the said consignment stock.
6. Claims and Warranty
(a) Any claim against DDK must be made in writing within fourteen days of a defect coming to the attention of the customer and must refer to DDK’s invoice number and date and state the reason for the claim.
(b) Return of goods to DDK requires pre-authorisation in writing from DDK. If DDK grants pre-authorisation for return of the goods then the goods must be returned to the address specified by DDK. All freight charges for the return of goods bythe customer shall be paid by the customer unless DDK expressly agrees in writing to accept liability for such charges.
(c) Acceptance of delivery of the goods returned by the customer does not signify agreement to issue a credit note. A credit note will be issued at DDK’s discretion and only after the Goods have been inspected and found to be unsatisfactory in the opinion of DDK.
(d) DDK warrants that all products shall meet DDK’S usual specifications and shall be fit for the usual purpose of such goods. DDK may, in accepting a warranty claim, at DDK’s discretion replace or repair the whole or any component of the product or refund the purchase price.
(e) The warranty offered by DDK shall be voided if DDK is of the opinion that the product has been used in extreme or unusual circumstances, or where some other party has attempted to repair the productI or if the defect is attributable to modification or alteration of the product or the manner in which the product was installed.
(f) DDK’s warranty policy is limited to that contained in these Conditions of Sale or any other document provided by DDK to the Customer in relation to the particular sale and the warranty policy may not be extended by verbal representations by employees or agents of DDK.
DDK, at its discretion, may at the request of the Customer deliver product which has been sold to the Customer to the premises of a third party. The Customer acknowledges that DDK shall bear no liability for any theft, loss or damage sustained or incurred after delivery of the product to the address specified by the Customer, regardless of whether those premises are occupied or not.
(a) No waiver by DDK of any breach of these conditions by the customer shall constitute a waiver of any subsequent breach of the same or any other condition.
(b) If any of these conditions contravenes or is prohibited by any law or statute for the time being in force (or which may come into force) then such conditions shall not apply but the remaining conditions shall continue in force and effect.
(c) The contract between DDK and the customer shall be deemed to have been made in the State of Victoria, Australia and the construction, validity and performance of that contract shall be governed in all respects by the laws of that State in Australia and the venue for any litigation relating to the contract initiated by either DDK or the customer shall be only in a court sitting in the State of Victoria, Australia.
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