Terms & Conditions
As a valued customer of AJAR design group Pty Ltd, we would like to familiarise you with the process of dealing with our company, to ensure that your experience is a satisfying one. When you make a payment with us, you are deemed to have accepted and will be bound by these terms and conditions.
In these Conditions of Sale ‘we’ or ‘us’ or ‘our’ means AJAR design group Pty Ltd and ‘you’ means the purchaser as identified in any quote, order, or order acknowledgement.
1. Pricing: Our pricing is inclusive of GST unless stated otherwise. Our pricing is for pick up only in our Collingwood Showroom (small objects) or Reservoir Warehouse (larger items) unless a delivery charge to your site has been quoted. Delivery charges to a specific location can be quoted on request. Our pricing does not include installation, unless quoted apart.
2. Order: Once an order has been accepted, no cancellation of that order is valid unless you receive our written communication endorsing the cancelled order. Your deposit is not refundable and a store credit will remain available only if the goods ordered specifically for you have not been manufactured.
3. Payment: Online orders require full payment to confirm your order.
4. Lead time: The following lead times apply: For an imported product a minimum of 12 to 16 weeks applies, plus up to an additional 4 weeks for orders placed after 10th July until 1st September, and for the Christmas break. For a product in stock a minimum of 1 week applies, plus an additional 4 weeks for the Christmas break.
All lead times are subject to availability of fabric and materials from other suppliers to our brand suppliers. Confirmation of lead time is subject to final order quantity and product availability. AJAR will not be liable for any loss or claims arising from: delay in delivery due to strikes, shipping, accidents, unavailability of materials, manufacturer’s delays, or events beyond the reasonable control of the company.
5. Shipping and delivery: Delivery dates are estimates only and we are unable to accept any liability for failure to deliver the products within the specified time resulting from shipment/delivery delays from our suppliers. Delivery times will be arranged with you in advance. If you are unable to accept delivery within 14 days from our first notice, the invoice must then be paid in full. In addition, a storage fee of 5% of your total invoice per month or part there of will be applied. Storage fees will be payable prior to final delivery. If there is no one available to accept delivery on the pre-arranged delivery date, you will be charged for transport and re-delivery costs.
You are responsible for ensuring that there is adequate access and entry to your premises to allow delivery of the products. Any additional costs in relation to access into your premises, eg, crane, are your responsibility. If it is not possible for the products to be delivered into your premises, the products will be returned to our warehouse and you will be invoiced for transport and re-delivery. In addition, the above storage charges will apply.
We reserve the right to make part deliveries of any order and each part delivery shall constitute a separate contract in respect of the products delivered on the same condition as set out herein. At any point in time, a 50% deposit must be maintained for all undelivered goods. Failure to deliver all the products you have ordered shall not invalidate the contract as regards any part deliveries. All products will remain the property of AJAR, until payment is received in full and delivered from AJAR, to your premises. Should you be arranging your own delivery the goods then become your responsibility upon collection from AJAR premises.
6. Installation: Any charges incurred in placement or installing of any goods are charged separately. AJAR is not responsible for any placement or installation unless stated on the Order Acknowledgement. All reasonable precautions will be taken to avoid damage when the goods are being installed. If placement or installation is not part of this supply contract, you are responsible for all packaging, including its removal and disposal. Subject to this obligation, we will use reasonable endeavours to leave the site in the same state as we found it.
7. Inspection and acceptance: You are required to inspect your products when you take delivery of them. You will be required to note any damage or shortage on the delivery documentation, which is presented to you by the carrier for signature. You will be required to note any damage or shortage and to notify us immediately of any defects at the time of delivery. We will not be liable for any damage unless we are duly notified.
8. Cancellations and returns: Unless goods are faulty, and we are duly notified as outlined above, we are unable to refund, exchange or credit your account.
9. Risk and title: Risk in any goods (other than Stock Samples) passes when we notify you that the goods are available for collection or, in the case of good that are to be delivered, when the goods are consigned to you or the original date of delivery (whichever occurs first). Subject to any rights that you may have under the Australian Consumer Law, you accept all responsibility for any loss of or damage caused to the items by delivery, or a failure of delivery, and you release us from any liability for any loss or damage caused as a result. All items to be delivered must be delivered to a specified premises, and receipt must be acknowledged by signature. Title in any goods (other than Stock Samples) only passes to you when we receive the full order payment in cleared funds.
10. Warranty: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure. Goods that we sell to you also come with a manufacturer’s warranty that their products are free of manufacturing defects and faults for a period of 12 months or sometimes longer (depending on each supplier) from delivery.
This warranty specifically excludes damage due to normal wear and tear, abuse or misuse of the product for other than its intended purpose. As wood is a natural material, light tone differences among the various elements that make up the product may occur. Moreover, if the products are purchased in different periods, the elapsed time and climatic conditions can cause variations in colour and/or tonality and AJAR cannot accept any claim in this regard. No claim will be recognised for damage to upholstery other than the manufacturer’s standard collection. In addition, damage due to natural wear and tear of upholstery, or damage due to moths and other vermin is specifically excluded.
In order to claim under the defects warranty you must notify AJAR promptly upon discovery of a possible problem together with details of date of purchase, AJAR invoice number and product description. You are responsible for minimising the extent of any potential claim and any reasonable expenses incurred in connection with a claim under this warranty. AJAR will consider any reasonable expenses that you may have incurred by submitting proof of those expenses to us. Any claim will be considered and process commenced within 7 days. The benefits to you given by this warranty are in addition to other rights and remedies under any law in relation to the goods or services to which the warranty relates.
11. Liability: We will not be responsible for ensuring that the products are suitable for a particular purpose unless it is self-evident or is made known to us. Further we will not accept responsibility for the suitability or strength of fabrics, leather supplied by you. Nothing in the contract will limit or exclude our liability for death or personal injury caused by our negligence or for fraud. If you are a consumer, then nothing in these terms and conditions will affect your statutory rights.
12. Personal data: Your address and contact details may be used by AJAR and AJAR subsidiaries to provide marketing information to you about our products and events.