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 OBODO Pty Ltd (ACN 114 906 062);

"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 quotation or any subsequently revised quotation, when accepted, shall constitute that final agreement between the parties and contain all the relevant terms and conditions of this agreement. This 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 a written notice to the Buyer, Obodo Pty Ltd 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. Obodo Pty Ltd will levy a 1.5% interest charge per month on late payment of invoices.

WARRANTIES

OBODO Pty Ltd provides a 2 (two) year commercial warranty. The warranty covers defects in the materials and workmanship used in the manufacture of the products. The Warranty is that Obodo Pty Ltd 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

Obodo Pty Ltd will not be liable for any claim arising from failure to deliver or for a delay in delivery occasioned by the unavailability of materials, international shipping delays, 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:

 (a) of the non-arrival of any or all of the goods;

(b) if there is damage to the goods;

(c) that the wrong goods have been received;

(d) that the quantity of the goods in incorrect

(e) or the goods do not meet specifications

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.

CONFIDENTIALLY

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 Obodo Pty Ltd   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 Obodo Pty Ltd 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/pallet space/week or if free standing $49.50 per square metre/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. The 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 Obodo Pty Ltd 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.

SPECIAL TERMS & CONDITIONS

An agreement, quote or invoice can be subject to additional special terms and conditions, these special terms and conditions do not negate to replace the standard terms and conditions. The special terms and conditions constitute a condition of supply.