Terms and Conditions of Sale
terms of sale (“Terms”) govern each quotation and agreement (“Contract”) formed
on acceptance of an order placed by a customer (“Customer”) with Tian Hock
Development Pty Limited ACN 13 137 563 323
(“Total Home Design”) for the supply of goods and/or services (“Goods”).
1. Total Home Design will deal with claims for return of Goods in
accordance with Total Home Design’s Returns Policy. A copy of the Returns
Policy is available from Total Home Design directly or at www.totalhomedesign.com.au. Total Home Design will apply a
restocking fee of 20% on items changed by the customer after initial payment as
well as returned items.
Payment and Interest
2. Total Home Design require payment for Goods and delivery in advance of
3. An amount outstanding to Total Home Design will be subject to interest
on the overdue amount calculated at the rate of ten per cent (10%) per annum.
4. In the event that the Customer fails to pay for Goods in accordance with
these Terms, the Customer must, if requested, return the Goods to Total Home
Design at the Customer’s cost.
Proof of Transaction
5. Total Home Design will provide the Customer with a “proof of
transaction” and if requested, an itemised bill in accordance with the Trade
Practices Act 1974 (Cth) any successor legislation (“Act”).
6. Customers wishing to change delivery details must notify the store from
which goods were purchased at least one (1) business day before the scheduled
delivery date. Customers must ensure that they are present to accept delivery
of goods at the nominated delivery address on the scheduled delivery date. To
minimise disruption, Total Home Design’s contract carriers will contact the
Customer on the morning of delivery with an approximate delivery time.
7. Delivery dates and times provided by Total Home Design are
approximations only. Total Home Design will not be liable for any loss or
damage suffered by the Customer due to any failure to supply the Goods by a specific
date or time. Unless otherwise agreed, when the Customer has nominated an
address for delivery, delivery to that address will satisfy Total Home Design’s
obligations under the Contract. An additional delivery charge will apply if the
Goods are unable to be delivered as a result of the Customer not being present
at the nominated address on the scheduled delivery date. Total Home Design may,
in its absolute discretion, suspend or cancel delivery if the Customer is
overdue in any payment to Total Home Design or in breach of these Terms.
8. Total Home Design’s contract carriers may, at their sole discretion,
remove old products from the Customer’s property only if the contract carrier
is confident that such removal can be carried out in a safe manner with due
care and diligence.
9. The Customer must upon delivery, notify Total Home Design of any damage
to Goods which are otherwise inconsistent with the Customer’s order. Failing
such notice, and to the extent permitted by law, the Customer will otherwise be
deemed to have accepted the Goods.
10. The title to Goods will
remain with Total Home Design’s and not pass to the Customer until the Customer
has paid all amounts owing by the Customer to Total Home Design on any account.
11. If the Customer sells the
Goods contrary to Total Home Design’s title without prior payment of all
amounts owing to Total Home Design, the Customer must hold the proceeds to such
sale as trustee for Total Home Design will be entitled to recover all proceeds
held on trust and the Customer agrees to bear the cost of such recovery action.
12. The risk of loss or damage
to the Goods will pass to the Customer on delivery.
Warranty against Defects
13. Total Home Design’s goods
come with guarantees that cannot be excluded under the Australian Consumer Law.
The Customer is entitled to a replacement or refund for major failure and for
compensation for any other reasonably foreseeable loss or damage. The Customer
is also entitled to have the goods repaired or replaced if the goods fail to be
of acceptable quality and the failure does not amount to a major failure.
Warranties, Conditions and Guarantees
14. Subject to clause 15, the
Terms set out the full extent of Total Home Design’s obligations and
liabilities in respect of the supply of Goods and performance of any service
and there are no warranties, conditions or other terms that are binding on
Total Home Design except as expressly stated in the Contract. Any warranty,
condition or other term concerning Goods which might otherwise be implied into
or incorporated in the Contract by statute, common law or otherwise (including
without limitation any implied term as to quality of fitness for purpose) is
15. Subject to clause 15, these
Terms set out the full extent of Total Home Design’s obligations and liabilities
in respect of the supply of Goods and performance of any service and there are
no warranties, conditions or other terms that are binding on Total Home Design
except as expressly stated in the Contract. Any warranty, condition or other
term concerning Goods which might not otherwise be implied into or incorporated
in the Contract by statute, common law or otherwise (including without
limitation any implied term as to quality or fitness for purpose) is expressly
16. Nothing in the Contract will
limit or exclude Total Home Design’s liability for death or personal injury
caused by Total Home Design’s negligence.
17. Subject to clause 15 and
clause 16, Total Home Design will not be liable under the Contract for any loss
of income, loss of profits, loss of contracts, loss of data or for any indirect
or consequential, punitive or exemplary loss or damage of any kind howsoever
arising and whether caused by tort (including negligence),breach of contract
18. Subject to clause 15,
clause 16 and clause 17, Total Home Design’s maximum aggregate liability under
the Contract whether in contract, tort (including negligence) or otherwise will
not exceed the amount payable by the Customer to Total Home Design in respect
of the relevant Goods.
19. Total Home Design will
collect and deal with the Customer’s personal information only in accordance
20. Total Home Design may
cancel or suspend delivery of any ordered Goods in the event of any delay or
non-performance due directly or indirectly to war, terrorism, strike, lockout,
delay or default of a manufacturer or supplier, act of God, or any other cause
beyond Total Home Design’s reasonable control.
Contract of Sale
terms together with your order constitute the entire contract between you and
us for the supply of products.
Goods and Services Tax
21. In these Terms, “GST”,
“supply”, “taxable supply” and “tax invoice” have the meaning given to such
terms in the A New Tax System (Goods and Services) Tax Act 1999 (Cth) and the
term “GST” also includes any penalties or additional tax imposed in relation to
the GST payable on the supply of Goods. Any amount payable under these Terms is
inclusive of GST if there is a taxable supply.
22. If the amount of GST
applicable to a sale made to the Customer differs from the amount of GST the
Customer has paid for the Goods, then the amount of GST payable to the Customer
will be adjusted either by further payment by the Customer or repayment by
Total Home Design to the Customer of the amount of the adjustment.
23. The Contract cannot be
varied unless Total Home Design agrees in wiring with the Customer to vary it.
24. The Contract will be
governed by the law of New South Wales and Total Home Design and the Customer
each submit to the non-exclusive jurisdiction of the courts of that State.
Tian Hock Development Pty Ltd t/a
Total Home Design
ACN 13 137 563 323