T E R M S & C O N D I T I O N S
The below terms and conditions of sale refers to Object of Memory and the individual, company or corporation or agency who wishes to purchase a custom piece of furniture (‘Furniture’) from Object of Memory as named in the Purchase Quote (‘Buyer’).
1.0 Condition of Goods
Unless otherwise specified, all products are for indoor use only.
The Buyer acknowledges and agrees that the furniture is typically of an antiqued nature, as is second hand unless stated otherwise. Object of Memory endeavours to take as many detailed images and notes in cataloguing to describe product. Object of Memory may disclose where buyer can purchase if requested.
The Buyer further acknowledges and agrees that it is their responsibility to maintain the Furniture (eg. cleaning and conditioning) to avoid discolouration and minimise wear and tear.
Purchase agreed and accepted by Object of Memory in accordance with these terms and conditions.
The acceptance of the Purchase (whether Purchase acceptance is oral or written) will be deemed as acceptance of these terms and conditions and form a contract between Object of Memory and the Buyer (‘Agreement’).
Object of Memory rejects any other terms proposed by the Buyer not agreed by Object of Memory and expressly incorporated in these terms and conditions.
The Buyer will pay the remaining 100% of the Purchase fee prior to delivery of the Furniture. Object of Memory will provide the Buyer with 5 days notice of delivery of the Furniture.
6.0 Cancellation of Order
Object of Memory does not refund or exchange if you change your mind.
Object of Memory cannot warrant that Furniture is not free from defects, due to the nature of the existing state of goods. However all items are deemed in good working order and fit for the purpose for which that type of furniture is commonly supplied, unless stated otherwise.
Object of Memory takes no responsibility and does not give any warranty (save for any warranty required to be given pursuant to the Australian Consumer Law) with respect to the suitability of the Furniture for a Buyer’s individual purposes.
8.0 Supply of Furniture
A Buyer may elect to collect the Furniture or have the Furniture delivered by Object of Memory (or its authorised agents). Details of the supply of Furniture (including any additional charges for delivery facilitated by Object of Memory) are set out in the Purchase.
A delivery docket will be provided to the Buyer upon collection or delivery of the Furniture by or to the Buyer. The Buyer must sign the delivery docket prior to any Furniture being released by Object of Memory into the custody of the Buyer (or its authorised nominee).
If the Buyer as named in the Purchase Quote is not present at the time of the delivery, it is the Buyer’s responsibility to authorise a nominee to sign for the Furniture.
Object of Memory will endeavour to effect delivery of the Furniture at the times indicated by the Buyer but will not be liable for any delay in delivery or for a failure to deliver under any circumstances. Object of Memory reserves the right at any times to refuse any carrier of the Buyer.
10.0 Indemnity and Limitation of Liability
Object of Memory shall not be liable to refund a Buyer should they cancel the Purchase for reasons of variations in the colour or grain of timber used in the Furniture manufactured for a Buyer from those samples shown at the time of consultation with the Buyer.
All guarantees, terms, conditions, warranties, undertakings or representations express of implied in any way relating to this Agreement are excluded to the maximum extend permitted by law. Notwithstanding this, nothing in this Agreement restricts or modifies any right or remedy including any guaranteed imposed or implied under the Australian Consumer Law (if applicable) which contains guarantees to protect consumers of certain goods and services.
Subject to the provision of this Clause, Object of Memory is not liable for any consequential, indirect of special loss or damage, loss of profits, loss of business, business interruption, cost or amount that the Buyer is liable for arising out of any loss suffered by third parties under or relating to this Agreement, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity, or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
The Buyer must indemnify Object of Memory against all liability, claims, damage, loss, cost and expended (including, without limitation, legal fees, costs and disbursements, on a full indemnity basis) whether incurred against or by Timbermill in respect of:
damage to tangible property;
or a claim by a third party, in respect of the use of the Furniture.
To the extent that Object of Memory's loss is cause by its negligence, the Buyer’s liability is diminished.
These terms and conditions are governed by the laws of New South Wales, Australia and each party submits to the non-exclusive jurisdiction of the court of New South Wales.
A provision of or right created under this Agreement will not be waived by Object of Memory or varied except in writing signed by an authorised representative of Timbermill.
A waiver by Object of Memory of a provision will not waive any other provision of this Agreement or constitute a continuing waiver unless expressly provided.
If a provision or right or remedy of a party under this Agreement is void or unenforceable for any reason, then that part will be read down or severed from this agreement without affecting the validity or enforcement of the remaining provisions.
The Buyer is not entitled to set off against or deduct from the price any sums owed or claimed to be owed to you by Object of Memory.
The description, illustration and performance of any product contained in our catalogue, marketing material, price list or advertising does not form part of this agreement unless expressly set out in this agreement.
Timbermill may complete any blanks on any Purchase Quote on the Buyer’s behalf.
13.0 Intellectual Property
The Buyer acknowledge that at all times all intellectual property including, but not limited to, designs, techniques, methods of manufacture, photographs, specifications, artwork, text, patented inventions and registered designs remain the property of Object of Memory.
The Buyer must not knowingly allow any intellectual property belonging to Object of Memory to be reverse engineered, or copied or breached in any other manner. Object of Memory may be entitled to compensation for any loss of royalties, damages and/or costs arising from the breach of Timbermill’s intellectual property rights.
Object of Memory may collect personal information in dealings with the Purchaser.