Please regard the following as part of Innerspace (Qld) Seating & Systems Pty Ltd: Terms and Conditions of Trade:
7. Delivery
7.1 What will be delivered and when
Innerspace will supply the Furniture to the Customer as stipulated in the Order.
7.2 Delivery
(a) Innerspace will use its best endeavours to deliver Furniture to the Location as set out in the Order or at the time agreed between the parties.
(b) Innerspace reserves the right to deliver the Furniture in multiple deliveries.
(c) Delivery of Furniture will be deemed to have taken place when the Furniture arrives at the Location.
7.3 Innerspace’s delay in delivery
(a) Innerspace will notify the Customer at the earliest practicable date if it believes that the delivery of Furniture will be delayed.
(b) Innerspace will advise the Customer of the new delivery date.
7.4 The Customer’s delay or prevention of delivery
If Innerspace is unable to deliver the Furniture because of an act or omission of the Customer including a failure of the Customer to fulfil its obligations under this Agreement:
(a) the risk in the Furniture will pass to the Customer;
(b) the Furniture will be deemed to have been delivered and all outstanding payments will be due; and
(c) Innerspace may store the Furniture until actual delivery is possible and the Customer will be liable for all related costs and expenses.
7.5 Installation
Where an Order includes installation services, if Innerspace is unable to install Furniture because of an act or omission of the Customer, including a failure to comply with its obligations under this Agreement:
(a) the risk in the Furniture will pass to the Customer;
(b) the Furniture will be deemed to have been delivered and all outstanding payments will be due; and
(c) Innerspace may store the Furniture until actual installation is possible and the Customer will be liable for all related costs and expenses.
9. Payment
9.1 Payment Terms
(a) The Customer acknowledges and agrees that the following payment terms are applicable unless otherwise agreed in writing with Innerspace;
(i) Innerspace will invoice the Customer a value equal to 50% of an Order following the Customer accepting a Quote (Deposit).
(ii) The Customer will pay the Deposit within 7 days of receipt of the invoice issued in accordance with clause 9.1(a)(i).
(iii) Innerspace will invoice the Customer the remaining balance of an Order at least 14 days prior to the earliest anticipated delivery date of the Furniture (Remaining Balance).
(iv) The Customer will pay the Remaining Balance prior to delivery of any Furniture.
(b) For the avoidance of doubt, Innerspace reserves the right to delay manufacturing and/or delivery of the Furniture until the Customer has paid any invoice issued in accordance with this clause above.
9.2 GST
The Customer is responsible for paying all government charges or duties of any kind incurred in or in connection with Innerspace’s provision of credit, or supply of Furniture. Such charges include without limitation all stamp duties, GST, financial institution duties, and any other charges or duties of a like kind.
10. Failure to Pay
If the Customer fails to pay Innerspace any amount under this Agreement by the due date for payment, Innerspace may immediately do any or all of the following, without any liability, until all overdue fees are paid:
(a) charge the Customer interest on the overdue amount at 5% above the Reserve Bank of Australia cash rate;
(b) terminate this Agreement without any obligation to refund the Customer any money in respect of the cancellation, even if the contractual term of this Agreement has not expired;
(c) initiate proceedings against the Customer to recover the overdue amount (despite any dispute resolution clause in this Agreement); and
(d) recover all costs in relation to any action taken against the Customer to recover overdue amounts, including but not limited to legal costs and outlays on a full indemnity basis.