The Goods are sold by Casablanca Furniture to the Client subject to these terms and conditions, and not otherwise. These terms and conditions prevail over any inconsistent provision in any communication by the Client to Casablanca Furniture about the sale of the Goods, including any form of purchase order issued by the Client.
2. Payment and Risk
An initial progress payment of 50% is required before Casablanca Furniture can begin arrangements for the manufacture or supply of the Goods. The Client must pay the balance of the Price for the Goods to Casablanca Furniture before Casablanca Furniture delivers the Goods to the Client. All risk in the Goods passes to the Client upon delivery of the Goods by Casablanca Furniture to the Delivery Address or the Client.
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 call, a storage fee of $500 per week will be payable. Storage fees will be invoiced to you on a weekly basis until delivery has been completed and are 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, e.g., 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. 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 Casablanca Furniture until payment is received in full and delivered from Casablanca Furniture’s premises. Should you be arranging your own delivery then the goods become your responsibility upon collection from Casablanca Furniture’s premises.
4. Retention of Title
a) Title to the Goods shall not pass from Casablanca Furniture to the Client until such time as Casablanca Furniture has received payment in full of the Price for the Goods in cleared funds and there are no other moneys owing by the Client to Casablanca Furniture in respect of the Goods.
b) Until such time as payment is made in full of the Price for the Goods in cleared funds, Casablanca Furniture reserves the right to recover possession of the Goods.
c) Where Casablanca Furniture has not been paid the Price for the Goods in full and Casablanca Furniture has delivered the Goods to the Client, the Client agrees that the relationship between Casablanca Furniture and the Client shall be fiduciary and that the Client shall hold the Goods as bailee for Casablanca Furniture and, if required, shall store the Goods in a
manner that clearly shows the ownership of Casablanca Furniture.
d) Casablanca Furniture and the Client agree that the provisions of this clause apply not withstanding any agreement, whether subsequent to the supply of the relevant Goods or not, between the Client and Casablanca Furniture pursuant to which Casablanca Furniture gives the Client credit.
5. Return of Goods
Subject to law, (a) the Client has no right to return all or any of the Goods to Casablanca Furniture; and (b) Casablanca Furniture has no obligation to refund all or any part of the Price. Casablanca Furniture provides bespoke custom-made furniture with natural marble. Natural stone varies in colour tone and pattern. Once customer confirms the stone of choice, no change of mind nor return is accepted unless a manufacturers fault.
Subject to law, (a ) the Client has no right to terminate or cancel this agreement; and (b) the Client must indemnify Casablanca Furniture in respect of all loss, costs, claims and expenses incurred by Casablanca Furniture as a result of any default by the Client under this agreement.
Any damages at the time of delivery, we will investigate and have the item fixed or replaced. We will send our local agent to inspect the issue, if no agent is available, we request detailed photos to be provided.
Casablanca Furniture has no obligation to install the Goods or perform any residential building works.
9. Personal Information
The address and contract details of the Client may be used by Casablanca Furniture and subsidiaries of Casablanca Furniture to provide marketing information to the Client. Please refer to the privacy statement at www.casablancafurniture.com for more information.
10. Warranty as to Quality or Fitness
A warranty of 2 years applies from the date of purchase and covers all manufacturing defects. Casablanca Furniture warrants that the Goods are of merchantable quality except only:
. a) as regards any defects specifically drawn to the attention of the Client before the making of this contract;
. b) if the Client examined the Goods before the making of this contract, as regards any defects which that examination ought to have revealed.
11. Limitation of Liability
a) Other than any warranty expressly given by Casablanca Furniture in this agreement, and subject to clause 10(b), all warranties (whether implied, statutory or otherwise) relating to the Goods and any other subject matter of this agreement, are excluded.
b) Where any law implies in this agreement any term, and the law voids or prohibits provisions in this agreement which exclude or modify the operation of such term, such term is taken to be included in this agreement. However, the liability of Casablanca Furniture for breach of such term is, if permitted by law, limited to one of the following remedies (at the option of Casablanca Furniture):a) replacement of the Goods or supply of equivalent Goods;b) the repair of such Goods; c) the payment of the cost of replacing the Goods or acquiring equivalent goods; or d) the payment of the cost of having the Goods repaired.
c) Subject to clause 10(b) Casablanca Furniture excludes all liability for indirect and consequential loss (including without limitation for loss of revenue or profits) in contract, tort, under any statute or otherwise (including negligence) to the Client arising from or connected to this agreement.
The exclusions of liability referred to in clause 10(c) apply to any action giving rise to an obligation, duty or liability even if the action was not authorised, or not capable of being authorised, by the Client.