Terms & Conditions of Sale
(a) eSpecially Office (hereinafter referred to as "the Company") quote for and accept all orders subject only to the terms and conditions herein contained which are to the extent permitted by law to the exclusion of all other guarantees, conditions and warranties (including any as to quality or fitness for any particular purpose) whether express or implied by statute, common law or otherwise. In the event of customers' orders containing terms or conditions inconsistent with these terms of trading, the latter shall prevail.
(b) No addition to or variation from these terms and conditions shall have effect unless the same is expressly accepted by the Company in writing under the hand of the Proprietors of the Company.
(c) The Company's catalogue, price lists and other advertising and marketing matter shall not form part of any contract between the Company and its customers.
(d) The Company reserves the right to modify designs and specifications without prior notification.
Prices rule at date of delivery notwithstanding any quotations previously made. For eSpecially Office account customers FREE DELIVERY applies to all orders of $75.00 and over to metropolitan areas in Sydney, Bulky items (such as furniture products) excepted. Furthermore, account customers enjoy preferential rates for deliveries made to metropolitan and non-metropolitan areas Australia wide, please contact us for current rates. Please note, for non-account customers a delivery and handling charge may be applicable to all orders to be delivered to metropolitan and non-metropolitan areas regardless of total order value, unless otherwise stated. Our metropolitan delivery areas are determined by our national courier classifications not Australia Post.
3. Credit Terms
(a) Pre-approved credit accounts are due for payment on 30 day terms (all purchases made during a month, are to be paid for at the end of the following calendar month) PROVIDED THAT if any invoice has not been paid by a customer within such 30 days period then the Company may by written notice to the customer declare that all invoices due in respect of that customer are payable forthwith and such 30 day period for payment shall no longer apply. At the Company's discretion any allowance offered on an account will be disallowed if the account is not settled within the said period and furthermore without prejudice to the Company's rights at law. Late settlement may be charged at 2.5% interest per month on a daily basis.
(b) The customer is liable for all reasonable expenses (including contingent expenses including debt collection costs) and legal costs (on a solicitor/own client basis) incurred by the Company for enforcement of obligations and recovery of monies due from the customer to the Company.
Although every effort will be made to fulfil delivery dates no liability arising from delay or non-delivery is accepted by the Company.
Non-delivery should be advised in writing to the Company within 7 business days of despatch date or date of invoice, whichever is the earlier.
Shortages or damage to goods must be notified in writing within 3 business days of receipt, but in these circumstances goods must have been signed for as damaged or unexamined.
Cancellations of items which the customer has been advised are 'special items' cannot be accepted and in any other event only with the specific written consent of the Proprietors of the Company provided always that if goods are despatched from the Company's premises prior to receipt of written notice requesting cancellation of order, handling and transportation costs will be charged.
Goods are NOT sold on a sale or return basis. Returns of goods which the customer has been advised are 'special items' cannot be accepted as these are non-returnable and non-refundable. 'Beverages, food and perishable items' are strictly non-returnable due to health, safety and hygiene considerations. However, in unavoidable circumstances returns for other goods will be accepted only as set out below:
(a) No goods will be accepted without a goods return number authorised in writing by the Proprietors of the Company. No unauthorised returns will be accepted.
(b) All goods returned must be in good, saleable condition and be neither defaced nor marked in any way.
(c) All relevant invoice numbers and dates of purchase must accompany the list of goods returned.
(d) Return of goods will only be accepted for credit within 14 days from date of invoice. A minimum 15% handling charge will be made on all returns, our errors and omissions excepted.
(e) When the Company agrees to accept the return of goods, these must be returned at the customer's expense, our errors and omissions excepted. The Company recommends that customers arrange for goods to be insured and carefully packed.
Where at the customer's request, special handling, packaging or transportation of goods is required, this will only be done at the customer's expense.
Risk in goods passes on delivery, with the customer holding such goods as bailee and title remaining with the Company unless and until all monies due from the customer to the Company for such goods are paid. The Company reserves the right to recover and repossess goods and dispose of goods as it sees fit in the event of payment not being made pursuant to the terms hereof.
10. Limitation Of Liability
To the extent permitted by law, the Company's liability to the customer is limited to the value of the goods giving rise to any claim and in no circumstances will the Company be liable for indirect or consequential loss of profit.
11. Governing Law
All orders placed by customers and any other agreements between the customer and the Company shall be subject to the proper laws of New South Wales, Australia whose courts shall have jurisdiction.
Last Updated: March 2016