Service Terms & Conditions
In these Terms:
- “Company” means Geckoblue Interiors
- “Purchaser” means the purchaser of Goods from Geckoblue Interiors.
- “Goods” means all goods sold and/or delivered by Geckoblue Interiors to the Purchaser.
- “Terms” means these terms and conditions of sale.
These Terms apply to all contracts for the sale of Goods by Geckoblue Interiors.
No amendment, alteration, waiver or cancellation of any of these Terms is binding on Geckoblue Interiors unless confirmed by Geckoblue Interiors in writing.
The Purchaser acknowledges that no employee or agent of Geckoblue Interiors has any right to make any representation, warranty or promise in relation to the Goods or the sale of the Goods other than as contained in these Terms.
Prices are determined at the time of order and, prior to payment of the deposit, are subject to change without notice.
Payments are to be made to Geckoblue Interiors without any deduction or discount other than as stated in these Terms or in the relevant invoice or statement.
A deposit of 20% of the invoice price must be paid when placing an order on goods considered to be standard line items or current floor stock.
A deposit of 40% of the invoice price must be paid when placing an order for custom made or made to order goods.
The balance of the invoice price must be paid in full before delivery.
Geckoblue Interiors will accept payment by cheque, however all cheques must be cleared before pickup or delivery can take place.
All sales are considered as a normal sale and not a lay-by unless specified as such on the invoice.
Where there is more than 1 invoice held by a client/customer then all invoices must be paid in full prior to delivery or pick up, unless agreed upon by Geckoblue Interiors.
All outstanding monies must be paid prior to delivery or pick up can be arranged.
The Purchaser must, within 5 days of being notified of their availability, collect or accept delivery of the goods and pay the balance of the invoice price unless prior arrangements have been made with the manager’s written consent. 24 hrs notice is required prior to collection of goods from Geckoblue Interiors.
If the Purchaser fails to collect the Goods or accept delivery within 21 days of being notified of their availability, Geckoblue Interiors may terminate this contract, keep the deposit and resell the Goods.
Geckoblue Interiors reserves the right to deliver the Goods in whole or in instalments, as well as to deliver prior to the date for delivery and, in such event, the Purchaser must not refuse to take delivery of the Goods unless prior arrangements have been made with the manager’s written consent.
Any failure on the part of Geckoblue Interiors to deliver instalments within any specified time does not entitle the purchaser to repudiate the contract with regard to the balance remaining undelivered.
Where goods are consigned to a purchaser by a carrier or other person, that person shall be deemed to be the agent of the purchase and take full responsibility for the said goods
If a person is not home on the arranged delivery time and day then further delivery charges are payable by the purchaser.
Any deliveries that require being taken upstairs will incur an extra delivery cost.
Legal and beneficial ownership of the Goods will not pass to the purchaser until such time as the Goods have been paid in full in cash or cleared funds.
7. Risk and Insurance
The Goods are entirely at the risk of the purchaser from the moment the delivery leaves the premises of Geckoblue to the purchaser’s point of delivery or on collection, even though title in the Goods has not passed to the purchaser at that time.
Geckoblue Interiors must, at their own expense, maintain the Goods and insure them for the benefit of Geckoblue Interiors against theft, breakdown, fire, water and other risks as from until the Goods have passed to the purchaser.
8. Inspection & identification of faults
Unless the Purchaser has inspected the Goods and given written notice to Geckoblue Interiors within 2 days after collection or delivery that the Goods do not comply with the relevant specifications or descriptions, the Goods are deemed to have been accepted on good order and condition.
Any irregularity in or variation in colour, texture or grain of our products is deemed as a natural characteristic not a fault.
No order may be cancelled, modified or deferred without the prior written consent of Geckoblue Interiors (which is at Geckoblue Interiors sole discretion). If such consent is given it is, at Geckoblue Interiors election, subject to Geckoblue Interiors being reimbursed all losses, including loss of profits, and paid a cancellation fee (being not less than 20% of the invoice price of the Goods).\
10. Limited Liability
These Terms do not affect the rights, entitlements and remedies conferred by the Trade Practices Act 1974.
Geckoblue Interiors is not subject to, and the Purchaser releases Geckoblue Interiors from, any liability (including but not limited to consequential loss or damage) because of any delay in delivery or fault or defect in the Goods. The Purchaser acknowledges that Geckoblue Interiors is not:
- responsible if the Goods do not comply with any applicable safety standard or similar regulation; and
- liable for any claim, damage or demand resulting from such non-compliance.
- If any statutory provisions under the Trade Practices Act 1974 or any other statute apply to the contract between Geckoblue Interiors and the Purchaser (Contract) then, to the extent to which Geckoblue Interiors is entitled to do so, Geckoblue Interiors liability under the statutory provisions is limited, at Geckoblue Interiors option, to:
- replacement or repair of the Goods or the supply of equivalent Goods; or
- payment of the cost of replacing or repairing the Goods or of acquiring equivalent goods; and
- in either case, Geckoblue Interiors will not be liability for any consequential loss or damage or other direct or indirect loss or damage.
11. Lay-by conditions
A deposit of 20% of the invoice price must be paid when placing a lay-by on goods considered to be standard line items or current floor stock and 40% of the invoice price when placing an order for custom made or made to order goods.
Any lay-by deposit paid by the consumer to Geckoblue Interiors is considered to be an instalment.
Regular fortnightly payments are required to maintain a lay-bys at Geckoblue Interiors.
Geckoblue Interiors may charge a termination fee if the purchaser decides to cancel a lay-by agreement. The amount of the fee must not be more the trader’s ‘reasonable costs’ relating to the agreement.
In the event that the purchaser decides to cancel a lay-by agreement Geckoblue Interiors will refund all amounts paid, except for the termination charge. If the lay-by payments paid do not cover the termination charge, Geckoblue Interiors reserves the right to recover the outstanding amount as a debt.
Geckoblue Interiors reserves the right to cancel a lay-by agreement in the following circumstances:
- a breach of the terms of the lay-by agreement occurs (e.g. missing a scheduled payment);
- Geckoblue Interiors are no longer trading; or
- the goods are no longer available due to circumstances outside the trader’s control.
All sales are considered as a normal sale and not a lay-by unless specified in the comments section as such on the invoice.
All Goods supplied are covered by such warranties as are specified by the manufacturer and supplied subject to the product standards detailed by the manufacturer.
On discovery of any defect in the Goods, the Purchaser must immediately notify Geckoblue Interiors in writing of such defect. The Purchaser must not carry out any remedial work to alleged defective Goods without first obtaining the written consent of Geckoblue Interiors to do so.
The provisions of any act or law (including but not limited to the Trade Practices Act 1974) implying terms, conditions and warranties, or any other terms, conditions and warranties which might otherwise apply to or arise out of the Contract are hereby expressly negatived and excluded to the full extent permitted by law.
The Purchaser expressly acknowledges and agrees that it has not relied upon, and Geckoblue Interiors is not liable for any advice given by Geckoblue Interiors, its employees, agents or representatives in relation to the suitability for any purpose of the Goods.
13. Display and Samples
Any display product or sample inspected by the Purchaser is solely for the Purchaser’s convenience and does not constitute a sale by sample.
The terms of the Contract are wholly contained in these Terms and any other writing signed by both parties. The Contract is deemed to have been made at Geckoblue Interiors place of business where an order was placed and any cause of action is deemed to have arisen there.
15. Right to Enter Premises
In any of the circumstances referred to in clause 13, the Purchaser:
- authorises Geckoblue Interiors by itself, its agents or representatives at all reasonable times, without notice, to enter onto (with force if reasonably necessary) and to remain in and on any premises where the Goods are located in order to collect the Goods, without being guilty of any manner of trespass; and
- assigns to Geckoblue Interiors all the Purchaser’s rights to enter onto and remain in and on such premises until all the Goods have been collected.
16. Force Majeure
Geckoblue Interiors will not be liable for any breach of contract due to any matter or thing beyond Geckoblue Interiors control (including but not limited to) transport stoppages, transport breakdown, fire, flood, earthquake, acts of God, strikes, lock-outs, work stoppages, wars, riots or civil commotion, intervention or public authority, explosion or accident.
17. Waiver of Breach
No failure by Geckoblue Interiors to insist on strict performance of any of these Terms is a waiver of any right or remedy which Geckoblue Interiors may have, and is not a waiver of any subsequent breach or default by the Purchaser.
18. No Assignment
Neither the Contract, nor any rights under the Contract may be assigned by the Purchaser without the prior written consent of Geckoblue Interiors, which is at Geckoblue Interiors absolute discretion.
If any provision contained in these Terms is held by a court to be unlawful, invalid or unenforceable, the validity and enforceability of the remaining provisions are not affected.
20. Governing Law
These terms will be construed and take effect in accordance with the laws of Western Australia.