Ts&Cs
1. Quotes remain valid for 14 days unless otherwise indicated.
* quotation based on total quantities and products provided in this quote
2. Lead time is calculated from the time that CMI FF&E is in receipt of
* a written purchase order.
* confirmation of all details, finishes and colours.
* approved shop drawings (if required).
* deposit.
3. Orders may be placed on hold if deposit payments are not received and cleared within 7 days of order
placements. Manufacturing will commence the day the deposit is recieved.
4. Delivery and installation:
* unless otherwise stated prices include single delivery and installation within normal working hours
* installation excludes electrical work and floor fixing and cabinetry unless otherwise noted in quote
* Quote is based on delivery times Monday to Friday between the hours of 8am and 5.30pm
5. Payment terms:
*50% Deposit to place order
*40% Before delivery
*10% On Client Approval
Please note all images displayed are indicative only. Please see our full terms and conditions for more details.
Company Name for Invoicing: CMI FF&E P/L
ABN: 16 626 680 297
Invoicing Address:
Street Number: Studio 10
Street Name: 1 Bromham Place
Suburb or Town: Richmond Vic
Post Code/ State: 3121
Telephone: 03 9080 7439
Email: cherie@cmidesign.com.au & accounts@cmidesign.com.au;accounts@cmiffe.com.au
Contact Name on Invoice: Cherie Mitchell & Heather Stitt
Delivery Address:
(including level or unit number as applicable)
Deliver to (Company Name): Ekera Building
Street Number: 116-118
Street Name: Thames street
Suburb or Town: Boxhill Vic
Post Code/ State: 3129
(For multiple addresses please attach details)
Contact Name: Cherie Mitchell or otherwise to be advised
Contact Telephone: 0407243744
To agree with T&Cs outlined here and in conjunction with quotation Quote 2395.1_10032 & Catalogue Rev C
please sign here:
Signature
Name
Date
E studio@cmidesign.com.au1
2022
TERMS OF SALE T 03 90807439
E studio@cmiffe.com.au
© CMI FF&E 2
1. APPLICATION OF TERMS OF SALE
The Seller and the Buyer agree that all supply of Goods made by the Seller to the Buyer will be made upon
the condition that the following terms of sale apply to the exclusion of all other conditions and warranties in
respect of all contracts of sale made between the Seller and the Buyer.
2. DEFINITIONS AND INTERPRETATION
(1) In these Terms:
(a) Buyer means the person identified in clause 1 as the Buyer;
(b) Goods means goods supplied by the Seller, the subject of a purchase order placed by the Buyer with
the Seller and accepted by the Seller, in accordance with the Terms;
(c) Insolvent includes bankrupt, insolvent, in receivership, in receivership and management, in liquidation, in
provisional liquidation, under official management or any other form of administration, wound up, dissolved,
subject to any arrangement, assignment or composition, protected from creditors under any statute, or in
receipt of the benefit of an adjustment under statute of liabilities or of their enforcement and Insolvency has
a corresponding meaning;
(d) List Price means the most current quoted or listed price of a product or item set out in the Seller’s pricing;
(e) Sales Order means the order confirmation issued by the Seller to the Buyer that is subject to these Terms;
(f) Seller means CMI Design;
(g) Tax Invoice means the final request for payment issued by the Seller to the Buyer that is subject to these
terms;
(h) Terms means these printed Terms.
(2) Unless the context otherwise requires:
(a) References to a party to this deed includes the executors, administrators, successors and permitted assigns
of that party;
(b) References to any statute, ordinance or other law includes all regulations and other instruments thereunder
and all consolidations, amendments, re-enactments or replacements thereof;
(c) Words importing the singular include the plural and vice versa, words importing a gender include other
genders and references to a person must be construed as reference to an individual, firm, body corporate,
association (whether incorporated or not), government and governmental, semi-governmental and local
authority or agency;
(d) Where any word or phrase is given a defined meaning in this deed, any other part of speech or other
grammatical form in respect of such word or phrase has a corresponding meaning;
(e) Headings included in this deed are for convenience only and must be disregarded in the construction of
these Terms.
3. ACCEPTANCE OF ORDER
No binding contract is effected by the Buyer’s acceptance of a quotation or offer made by Seller until the
Seller confirms such contract by invoice or in writing. Any conditions attaching to an order contained in any
written or printed document of the Buyer will not apply unless the Seller accepts them in writing. The Seller
reserves the right to accept or decline to fulfil any order in whole or in part at any time notwithstanding that
the Seller has already accepted the order.
4. PRICES
(1) All prices are valid for 14 days after the date of this quotation. Exclusions of any fabric price changes
during the 14 days.
(2) Cost of removal of existing furniture/window furnishings is not included in this quote.
5. PAYMENT
(1) The Buyer must pay for the Goods supplied within 7 days following receipt of invoice.
(2) The Buyer must pay the invoice by cash, credit card, cheque or bank transfer. Some credit cards will
attract a surcharge.
(3) The Buyer must pay for the Goods supplied without deduction of any monies due or allegedly due by the
Seller to the Buyer, unless such deduction is made with the Seller’s prior written consent.
TERMS OF SALE T 03 90807439
E studio@cmiffe.com.au
© CMI FF&E 3
6. DEFAULT
If the Buyer fails to pay for any invoice on or before Due Date, the Seller may:
(1) Require payment by cash upon supply of any further order;
(2) Require the Buyer to pay interest at the rate of two per centum (2%) per month, or such other rate as
may be determined by the Seller from time to time, calculated on daily rests on any monies due but unpaid,
such interest to be computed from the Due Date.
The Buyer and the Seller agree that such interest and all such charges will be payable on demand;
(3) Claim from the Buyer for all costs relating to any action taken by the Seller to recover monies or goods
due from the Buyer including any legal costs and disbursements on a solicitor/client basis and such costs will
be part of the indebtedness of the Buyer to the Seller; and
(4) Cease any further supply of Goods ordered to the Buyer and to terminate any orders accepted by the
Seller that have not been performed.
7. DELIVERY AND DELAYS IN DELIVERY
(1) Delivery shall be deemed to be made when the Goods are delivered to the place specified in the Sales
Order.
(2) Upon acceptance of a Sales Order the Seller may confirm the period of shipment or delivery and must
notify the Buyer of any variation from the quoted period. Unless the Buyer objects in writing within seven (7)
days of such notification to the Buyer the period of shipment or delivery notified to the Buyer will be the contractual
period for shipment or delivery. Time shall not be considered to be of the essence of the contract.
A quoted period for delivery will only commence on the date the Buyer approves the Seller’s design and
finishes schedules as well as the Buyer complying with the Terms of Payment set out in clause 5. The Seller
may extend the quoted period if the Buyer requests any variation to the design and finishes schedules after
that date.
(3) The Seller is not liable for any failure to provide or delay in supply of any Goods. Without limiting the generality
of the foregoing, the Seller does not accept responsibility for delays arising from strikes, accidents or
other contingencies beyond the control of the Seller.
(4) Quotes of deliveries are given with best intentions but are not guaranteed. The Seller will not be liable for
damages of a consequential nature or other common law damages should delivery be delayed.
8. PART DELIVERY
The Seller reserves the right to make a part delivery of any Sales Order when necessary. Each part delivery
may be invoiced separately, at the Seller’s discretion.
9. SUBSTITUTE GOODS
The Seller reserves the right to supply alternative or substitute Goods when necessary, unless the contrary is
agreed to in writing.
10. CLAIM
The Buyer must make claims for loss or damage in writing within forty eight (48) hours from the time of delivery
of the Goods by the Seller to the Buyer.
11. DEFERMENT OR CANCELLATION OF ORDERS
(1) The Buyer cannot defer to cancel an order unless the deferment and cancellation occurs within five (5)
days from the date of the order and such action is authorized in writing by a director of the Seller.
(2) If the Seller authorizes the deferment or cancellation of an order, the Seller may charge a cancellation
fee to the Buyer or the greater of:
(a) An amount up to 50% of the value of the Goods ordered;
Or
(b) That proportion of the value of the Goods ordered as specified at the time the Seller accepts the cancellation.
(3) If the Buyer does not adhere to these Terms, the Seller may terminate any contract arising upon the Seller
accepting an order placed by the Buyer, without compensation to the Buyer.
TERMS OF SALE T 03 90807439
E studio@cmiffe.com.au
© CMI FF&E 4
12. BUYER’S REPRESENTATIVE
(1) Any request made by or on behalf of the Buyer or by any employee of any officer of the Buyer to
change the name or designation of the account of the Buyer with the Seller or to alter the method of operation
of such account will not affect or discharge the liability of the Buyer to the Seller.
(2) The Buyer acknowledges that any act done or omitted to be done by any employee, shareholder, director
or other officer of the Buyer will, so far as the Seller is concerned, at the option of the Seller, be binding
upon the Buyer. Without limiting the generality of the foregoing, each employee, shareholder, director
and other officer of the Buyer is deemed to have authority to place orders for the supply of Goods by the
Buyer from the Seller.
13. PERSONAL PROPERTY SECURITIES ACT 2009(CTH)
(1) Notwithstanding any other term, the Goods and any other products delivered by the Seller to the Buyer
shall remain the sole and absolute property of the Seller as legal and equitable owner, until the date the first
of the following occurs:
(a) There are no longer any amounts owing to the Seller for those Goods;
(b) The Seller registers a Financing Statement (as that term is defined in the PPS Act) in respect of those
Goods; and
(c) The Buyer sells or transforms those Goods in accordance with clause 13 (3).
(2) Until and unless the Buyer has paid the Seller in full for the Goods, the Buyer must:
(a) Store those Goods on its premises separately from any other goods that may be in the possession of the
Buyer and in a manner which makes them readily identifiable as the Seller’s Goods;
(b) Hold those Goods as the Seller’s bailee;
(c) Return those Goods to the Seller on demand; and
(d) Immediately pay to the Seller the proceeds of any sale of those Goods or hold any proceeds of any sale
Goods on trust for the Seller in a separate account.
(3) The Buyer agrees that the Buyer shall only sell Goods in respect of which the Buyer has not made full payment
to the Seller on the conditions that any such sale is conducted at arm’s length and is for the full market
value of those Goods and the Seller has not demanded the return of those Goods.
(4) The Buyer grants to the Seller a Purchase Money Security Interest (as that term is defined in the PPS Act) in
all Goods as security for all amounts owing and unpaid by the Buyer to the Seller in respect of those Goods.
(5) The Buyer must not grant any Security Interest (as that term is defined in the PPS Act) or any further Purchase
Money Security Interest (as that term is defined in the PPS Act) in the Goods other than the Purchase
Money Security Interest referred to in clause 13(4) of these Terms without: (a) Providing fourteen (14) days
prior notice in writing to the Seller; and
(b) Obtaining the prior written consent of the Seller. Failure to comply with this term will constitute a breach
entitling the Seller to terminate the obligations of the Seller under these Terms.
(6) The Seller may apply to register a Financing Statement, or a Financing Change Statement (as those
terms are defined in the PPS Act), from time to time, in relation to a Purchase Money Security Interest, without
notice to the Buyer. The Buyer must promptly sign any further documents and/or provide any further
information requested by the Seller to complete and register a Financing Statement or a Financing Change
Statement. The Buyer agrees to indemnify and, upon demand, reimburse the Seller for all costs incurred in
searching, registering and/or discharging a financing statement or other document with the PPS Register
and any reasonable fees incurred by the Seller in enforcing the Purchase Money Security Interest referred to
in clause 13(4) of these Terms.
(7) Until all amounts owing to the Seller for Goods have been received from the Buyer by the Seller, the
Buyer grants an exclusive, irrevocable licence to the Seller to enter any premises where Goods for which
payment in full has not been received by the Seller are kept to take possession of those Goods and to use
all reasonable force in doing so without any liability for any resulting damage.
(8) The Buyer acknowledges and agrees that the Seller may exercise any and all remedies afforded to a
Secured Party (as that term is defined in the PPS Act) including, but not limited to, entry into any building or
premises owned, occupied, or used by the Buyer, to search for and seize, dispose of or retain those Goods
in respect of which the Buyer has granted to the Seller a Purchase Money Security Interest.
(9) The Buyer and the Seller agree, pursuant to Section 115 of the PPS Act, to contract out of the following
provisions of the PPS Act in respect of all Goods:
(a) Sections 95, 121(4), 123(2), 130 and 135 of the PPS Act (to the extent that the Seller is required to give
TERMS OF SALE T 03 90807439
E studio@cmiffe.com.au
© CMI FF&E 5
notice to the Buyer); and
(b) Sections 96, 125, 129(2) 132(3)(d), 132(4), 142 and 143 of the PPS Act.
(10) To the extent permitted under the PPS Act, the Buyer expressly waives its right to receive from the Seller
a copy of any Financing Statement, Financing Change Statement or Verification Statement (as that term is
defined in the PPS Act) that is registered, issued or received at any time in relation to any Goods.
(11) The Buyer warrants that it is not at the time of entering into this Contract insolvent and knows of no
circumstances which would entitle any creditor to appoint a receiver or to petition for winding up or to exercise
any other rights over or against its assets.
(12) These provisions relating to title shall apply notwithstanding any agreement or arrangement, whether
part of this Contract or otherwise, pursuant to which the Seller may give credit to the
Buyer.
14. RISK
Loss or damage suffered by the Buyer after the supply of the Goods by the Seller, does not discharge the
Buyer from the obligation to pay for the Goods unless the loss or damage is due to the default or negligence
of the Seller.
15. LIMIT OF LIABILITY
(1) The Seller gives no warranty in relation to the supply of the Goods.
(2) The Buyer acknowledges that the Buyer has not relied upon any representation or warranty made by or
on behalf of the Seller in relation to the supply of the Goods ordered.
(3) The Competition and Consumer Act 2010 and certain State and Territory legislation may imply certain
conditions and warranties into this contract for the benefit of the Buyer.
To the extent permitted by law:
(a) Such conditions and warranties are expressly excluded; and
(b) The Seller’s liability if any arising from the breach of such conditions and warranties is limited to the
re-supply of the Goods.
(4) The Seller does not undertake any liability for any loss or damage to persons or property of any nature or
due to any cause or for any amount as a result, direct or indirect, of any defect, deficiency or discrepancy
in the Goods supplied by the Seller. Subject to the warranties supplied by the statute which cannot be
negatived, it is the Buyer’s responsibility to ensure that any Goods ordered are sufficient and suitable for the
Buyer’s purpose.
16. WARRANTIES
(1) The warranty period commences when:
(a) All goods have been delivered;
(b) Any installation work required by the Seller has met practical completion;
(c) Where required by the Quotation the installation has been signed off by the Buyer’s representative.
(2) The Seller warrants its Goods to be free from defects in material and workmanship, regardless of the number
of shifts during which the Goods are used, provided the Goods are installed and maintained according
to the Seller’s published instructions, by authorized and accredited personnel of the Seller, for the period the
manufacturer sets for each Good (“Warranty Period”).
(3) The Seller will during the Warranty Period, free of charge, repair or replace with comparable Goods (at
the Seller’s option) any product, part or component which fails under normal use as a result of such defect
in material or workmanship. This warranty extends only to the original purchasers who acquire new Goods
from the Seller or other authorized resellers. The terms of this warranty set forth:
(a) All of the warranties given with respect to the Goods and authorized resellers;
(b) All of the warranties with respect to the products and the Seller disclaims any other warranty;
and
(c) All remedies available with respect to defective Goods.
(4) This warranty does not apply to normal wear and tear. Natural variations occurring in wood, marble and
leather are not considered defects, the Seller does not warrant the colourfastness or matching of colours,
grains or textures of these natural materials or textiles. The Seller will not be liable for any variations occurring
in any material, caused by any environmental factor. All products supplied are for indoor use only, unless
otherwise stated in writing by the Seller.
TERMS OF SALE T 03 90807439
E studio@cmiffe.com.au
© CMI FF&E 6
(5) To the extent allowed by law, any implied warranties including any warranty of merchantability or fitness
for a particular purpose are limited in duration of these written warranties.
The Seller shall not be liable for loss of time, inconvenience, commercial loss, incidental or consequential
damages.
(6) Service problems should be referred and/or returned to the Customer Service Coordinator for the Buyer’s
region.
(7) The Buyer may be required to supply a proof of purchase. This is at the Seller’s discretion.
17. INDEMNITY
The Buyer must indemnify and keep indemnified the Seller in respect of all costs, charges, interest and
expenses (including legal costs as between legal and own client) incurred by the Seller in enforcing or attempting
to enforce all or any of the rights, powers or remedies of the Seller arising pursuant to these Terms
or otherwise arising in connection with the collection or any attempt to collect any money or in the future
due or owing by the Buyer to the Seller.
18. PRODUCT STEWARDSHIP
(1) The Seller will accept furniture for recycling provided the following conditions are met:
(a) The Buyer confirms in advance with the Seller the return of the Goods to the Seller;
(b) The Buyer provides proof of purchase if there is no identifiable branding on the Goods;
(c) The Buyer bears the cost for the return of the Goods;
(d) The Goods are not contaminated in any way, included but not limited to, the application of protective
coatings, adhesives, paint or any other coatings.
(2) If any of the conditions in clause 18(1) are not met, the Goods may be returned to the Buyer at the Buyer’s
expense.
(3) The Seller will offer replacement parts that are subject to the warranties under clause 16 of these Terms,
and if required, these replacement parts will be subject to a further warranty.
(4) If the Goods have been refabricated or altered in any other way, it will be deemed to be recycled and
will not be accepted back by the Seller for additional recycling.
(5) If the Buyer breaches any condition under clause 18, the Seller reserves the right to exclude the Buyer
from participating further in the Product Stewardship program.
19. CONFIDENTIALITY STATEMENT
All information contained in this document is strictly confidential and is to be regarded as Commercial-in-Confidence.
CMI Design thanks you for the cooperation in this matter.
* quotation based on total quantities and products provided in this quote
2. Lead time is calculated from the time that CMI FF&E is in receipt of
* a written purchase order.
* confirmation of all details, finishes and colours.
* approved shop drawings (if required).
* deposit.
3. Orders may be placed on hold if deposit payments are not received and cleared within 7 days of order
placements. Manufacturing will commence the day the deposit is recieved.
4. Delivery and installation:
* unless otherwise stated prices include single delivery and installation within normal working hours
* installation excludes electrical work and floor fixing and cabinetry unless otherwise noted in quote
* Quote is based on delivery times Monday to Friday between the hours of 8am and 5.30pm
5. Payment terms:
*50% Deposit to place order
*40% Before delivery
*10% On Client Approval
Please note all images displayed are indicative only. Please see our full terms and conditions for more details.
Company Name for Invoicing: CMI FF&E P/L
ABN: 16 626 680 297
Invoicing Address:
Street Number: Studio 10
Street Name: 1 Bromham Place
Suburb or Town: Richmond Vic
Post Code/ State: 3121
Telephone: 03 9080 7439
Email: cherie@cmidesign.com.au & accounts@cmidesign.com.au;accounts@cmiffe.com.au
Contact Name on Invoice: Cherie Mitchell & Heather Stitt
Delivery Address:
(including level or unit number as applicable)
Deliver to (Company Name): Ekera Building
Street Number: 116-118
Street Name: Thames street
Suburb or Town: Boxhill Vic
Post Code/ State: 3129
(For multiple addresses please attach details)
Contact Name: Cherie Mitchell or otherwise to be advised
Contact Telephone: 0407243744
To agree with T&Cs outlined here and in conjunction with quotation Quote 2395.1_10032 & Catalogue Rev C
please sign here:
Signature
Name
Date
E studio@cmidesign.com.au1
2022
TERMS OF SALE T 03 90807439
E studio@cmiffe.com.au
© CMI FF&E 2
1. APPLICATION OF TERMS OF SALE
The Seller and the Buyer agree that all supply of Goods made by the Seller to the Buyer will be made upon
the condition that the following terms of sale apply to the exclusion of all other conditions and warranties in
respect of all contracts of sale made between the Seller and the Buyer.
2. DEFINITIONS AND INTERPRETATION
(1) In these Terms:
(a) Buyer means the person identified in clause 1 as the Buyer;
(b) Goods means goods supplied by the Seller, the subject of a purchase order placed by the Buyer with
the Seller and accepted by the Seller, in accordance with the Terms;
(c) Insolvent includes bankrupt, insolvent, in receivership, in receivership and management, in liquidation, in
provisional liquidation, under official management or any other form of administration, wound up, dissolved,
subject to any arrangement, assignment or composition, protected from creditors under any statute, or in
receipt of the benefit of an adjustment under statute of liabilities or of their enforcement and Insolvency has
a corresponding meaning;
(d) List Price means the most current quoted or listed price of a product or item set out in the Seller’s pricing;
(e) Sales Order means the order confirmation issued by the Seller to the Buyer that is subject to these Terms;
(f) Seller means CMI Design;
(g) Tax Invoice means the final request for payment issued by the Seller to the Buyer that is subject to these
terms;
(h) Terms means these printed Terms.
(2) Unless the context otherwise requires:
(a) References to a party to this deed includes the executors, administrators, successors and permitted assigns
of that party;
(b) References to any statute, ordinance or other law includes all regulations and other instruments thereunder
and all consolidations, amendments, re-enactments or replacements thereof;
(c) Words importing the singular include the plural and vice versa, words importing a gender include other
genders and references to a person must be construed as reference to an individual, firm, body corporate,
association (whether incorporated or not), government and governmental, semi-governmental and local
authority or agency;
(d) Where any word or phrase is given a defined meaning in this deed, any other part of speech or other
grammatical form in respect of such word or phrase has a corresponding meaning;
(e) Headings included in this deed are for convenience only and must be disregarded in the construction of
these Terms.
3. ACCEPTANCE OF ORDER
No binding contract is effected by the Buyer’s acceptance of a quotation or offer made by Seller until the
Seller confirms such contract by invoice or in writing. Any conditions attaching to an order contained in any
written or printed document of the Buyer will not apply unless the Seller accepts them in writing. The Seller
reserves the right to accept or decline to fulfil any order in whole or in part at any time notwithstanding that
the Seller has already accepted the order.
4. PRICES
(1) All prices are valid for 14 days after the date of this quotation. Exclusions of any fabric price changes
during the 14 days.
(2) Cost of removal of existing furniture/window furnishings is not included in this quote.
5. PAYMENT
(1) The Buyer must pay for the Goods supplied within 7 days following receipt of invoice.
(2) The Buyer must pay the invoice by cash, credit card, cheque or bank transfer. Some credit cards will
attract a surcharge.
(3) The Buyer must pay for the Goods supplied without deduction of any monies due or allegedly due by the
Seller to the Buyer, unless such deduction is made with the Seller’s prior written consent.
TERMS OF SALE T 03 90807439
E studio@cmiffe.com.au
© CMI FF&E 3
6. DEFAULT
If the Buyer fails to pay for any invoice on or before Due Date, the Seller may:
(1) Require payment by cash upon supply of any further order;
(2) Require the Buyer to pay interest at the rate of two per centum (2%) per month, or such other rate as
may be determined by the Seller from time to time, calculated on daily rests on any monies due but unpaid,
such interest to be computed from the Due Date.
The Buyer and the Seller agree that such interest and all such charges will be payable on demand;
(3) Claim from the Buyer for all costs relating to any action taken by the Seller to recover monies or goods
due from the Buyer including any legal costs and disbursements on a solicitor/client basis and such costs will
be part of the indebtedness of the Buyer to the Seller; and
(4) Cease any further supply of Goods ordered to the Buyer and to terminate any orders accepted by the
Seller that have not been performed.
7. DELIVERY AND DELAYS IN DELIVERY
(1) Delivery shall be deemed to be made when the Goods are delivered to the place specified in the Sales
Order.
(2) Upon acceptance of a Sales Order the Seller may confirm the period of shipment or delivery and must
notify the Buyer of any variation from the quoted period. Unless the Buyer objects in writing within seven (7)
days of such notification to the Buyer the period of shipment or delivery notified to the Buyer will be the contractual
period for shipment or delivery. Time shall not be considered to be of the essence of the contract.
A quoted period for delivery will only commence on the date the Buyer approves the Seller’s design and
finishes schedules as well as the Buyer complying with the Terms of Payment set out in clause 5. The Seller
may extend the quoted period if the Buyer requests any variation to the design and finishes schedules after
that date.
(3) The Seller is not liable for any failure to provide or delay in supply of any Goods. Without limiting the generality
of the foregoing, the Seller does not accept responsibility for delays arising from strikes, accidents or
other contingencies beyond the control of the Seller.
(4) Quotes of deliveries are given with best intentions but are not guaranteed. The Seller will not be liable for
damages of a consequential nature or other common law damages should delivery be delayed.
8. PART DELIVERY
The Seller reserves the right to make a part delivery of any Sales Order when necessary. Each part delivery
may be invoiced separately, at the Seller’s discretion.
9. SUBSTITUTE GOODS
The Seller reserves the right to supply alternative or substitute Goods when necessary, unless the contrary is
agreed to in writing.
10. CLAIM
The Buyer must make claims for loss or damage in writing within forty eight (48) hours from the time of delivery
of the Goods by the Seller to the Buyer.
11. DEFERMENT OR CANCELLATION OF ORDERS
(1) The Buyer cannot defer to cancel an order unless the deferment and cancellation occurs within five (5)
days from the date of the order and such action is authorized in writing by a director of the Seller.
(2) If the Seller authorizes the deferment or cancellation of an order, the Seller may charge a cancellation
fee to the Buyer or the greater of:
(a) An amount up to 50% of the value of the Goods ordered;
Or
(b) That proportion of the value of the Goods ordered as specified at the time the Seller accepts the cancellation.
(3) If the Buyer does not adhere to these Terms, the Seller may terminate any contract arising upon the Seller
accepting an order placed by the Buyer, without compensation to the Buyer.
TERMS OF SALE T 03 90807439
E studio@cmiffe.com.au
© CMI FF&E 4
12. BUYER’S REPRESENTATIVE
(1) Any request made by or on behalf of the Buyer or by any employee of any officer of the Buyer to
change the name or designation of the account of the Buyer with the Seller or to alter the method of operation
of such account will not affect or discharge the liability of the Buyer to the Seller.
(2) The Buyer acknowledges that any act done or omitted to be done by any employee, shareholder, director
or other officer of the Buyer will, so far as the Seller is concerned, at the option of the Seller, be binding
upon the Buyer. Without limiting the generality of the foregoing, each employee, shareholder, director
and other officer of the Buyer is deemed to have authority to place orders for the supply of Goods by the
Buyer from the Seller.
13. PERSONAL PROPERTY SECURITIES ACT 2009(CTH)
(1) Notwithstanding any other term, the Goods and any other products delivered by the Seller to the Buyer
shall remain the sole and absolute property of the Seller as legal and equitable owner, until the date the first
of the following occurs:
(a) There are no longer any amounts owing to the Seller for those Goods;
(b) The Seller registers a Financing Statement (as that term is defined in the PPS Act) in respect of those
Goods; and
(c) The Buyer sells or transforms those Goods in accordance with clause 13 (3).
(2) Until and unless the Buyer has paid the Seller in full for the Goods, the Buyer must:
(a) Store those Goods on its premises separately from any other goods that may be in the possession of the
Buyer and in a manner which makes them readily identifiable as the Seller’s Goods;
(b) Hold those Goods as the Seller’s bailee;
(c) Return those Goods to the Seller on demand; and
(d) Immediately pay to the Seller the proceeds of any sale of those Goods or hold any proceeds of any sale
Goods on trust for the Seller in a separate account.
(3) The Buyer agrees that the Buyer shall only sell Goods in respect of which the Buyer has not made full payment
to the Seller on the conditions that any such sale is conducted at arm’s length and is for the full market
value of those Goods and the Seller has not demanded the return of those Goods.
(4) The Buyer grants to the Seller a Purchase Money Security Interest (as that term is defined in the PPS Act) in
all Goods as security for all amounts owing and unpaid by the Buyer to the Seller in respect of those Goods.
(5) The Buyer must not grant any Security Interest (as that term is defined in the PPS Act) or any further Purchase
Money Security Interest (as that term is defined in the PPS Act) in the Goods other than the Purchase
Money Security Interest referred to in clause 13(4) of these Terms without: (a) Providing fourteen (14) days
prior notice in writing to the Seller; and
(b) Obtaining the prior written consent of the Seller. Failure to comply with this term will constitute a breach
entitling the Seller to terminate the obligations of the Seller under these Terms.
(6) The Seller may apply to register a Financing Statement, or a Financing Change Statement (as those
terms are defined in the PPS Act), from time to time, in relation to a Purchase Money Security Interest, without
notice to the Buyer. The Buyer must promptly sign any further documents and/or provide any further
information requested by the Seller to complete and register a Financing Statement or a Financing Change
Statement. The Buyer agrees to indemnify and, upon demand, reimburse the Seller for all costs incurred in
searching, registering and/or discharging a financing statement or other document with the PPS Register
and any reasonable fees incurred by the Seller in enforcing the Purchase Money Security Interest referred to
in clause 13(4) of these Terms.
(7) Until all amounts owing to the Seller for Goods have been received from the Buyer by the Seller, the
Buyer grants an exclusive, irrevocable licence to the Seller to enter any premises where Goods for which
payment in full has not been received by the Seller are kept to take possession of those Goods and to use
all reasonable force in doing so without any liability for any resulting damage.
(8) The Buyer acknowledges and agrees that the Seller may exercise any and all remedies afforded to a
Secured Party (as that term is defined in the PPS Act) including, but not limited to, entry into any building or
premises owned, occupied, or used by the Buyer, to search for and seize, dispose of or retain those Goods
in respect of which the Buyer has granted to the Seller a Purchase Money Security Interest.
(9) The Buyer and the Seller agree, pursuant to Section 115 of the PPS Act, to contract out of the following
provisions of the PPS Act in respect of all Goods:
(a) Sections 95, 121(4), 123(2), 130 and 135 of the PPS Act (to the extent that the Seller is required to give
TERMS OF SALE T 03 90807439
E studio@cmiffe.com.au
© CMI FF&E 5
notice to the Buyer); and
(b) Sections 96, 125, 129(2) 132(3)(d), 132(4), 142 and 143 of the PPS Act.
(10) To the extent permitted under the PPS Act, the Buyer expressly waives its right to receive from the Seller
a copy of any Financing Statement, Financing Change Statement or Verification Statement (as that term is
defined in the PPS Act) that is registered, issued or received at any time in relation to any Goods.
(11) The Buyer warrants that it is not at the time of entering into this Contract insolvent and knows of no
circumstances which would entitle any creditor to appoint a receiver or to petition for winding up or to exercise
any other rights over or against its assets.
(12) These provisions relating to title shall apply notwithstanding any agreement or arrangement, whether
part of this Contract or otherwise, pursuant to which the Seller may give credit to the
Buyer.
14. RISK
Loss or damage suffered by the Buyer after the supply of the Goods by the Seller, does not discharge the
Buyer from the obligation to pay for the Goods unless the loss or damage is due to the default or negligence
of the Seller.
15. LIMIT OF LIABILITY
(1) The Seller gives no warranty in relation to the supply of the Goods.
(2) The Buyer acknowledges that the Buyer has not relied upon any representation or warranty made by or
on behalf of the Seller in relation to the supply of the Goods ordered.
(3) The Competition and Consumer Act 2010 and certain State and Territory legislation may imply certain
conditions and warranties into this contract for the benefit of the Buyer.
To the extent permitted by law:
(a) Such conditions and warranties are expressly excluded; and
(b) The Seller’s liability if any arising from the breach of such conditions and warranties is limited to the
re-supply of the Goods.
(4) The Seller does not undertake any liability for any loss or damage to persons or property of any nature or
due to any cause or for any amount as a result, direct or indirect, of any defect, deficiency or discrepancy
in the Goods supplied by the Seller. Subject to the warranties supplied by the statute which cannot be
negatived, it is the Buyer’s responsibility to ensure that any Goods ordered are sufficient and suitable for the
Buyer’s purpose.
16. WARRANTIES
(1) The warranty period commences when:
(a) All goods have been delivered;
(b) Any installation work required by the Seller has met practical completion;
(c) Where required by the Quotation the installation has been signed off by the Buyer’s representative.
(2) The Seller warrants its Goods to be free from defects in material and workmanship, regardless of the number
of shifts during which the Goods are used, provided the Goods are installed and maintained according
to the Seller’s published instructions, by authorized and accredited personnel of the Seller, for the period the
manufacturer sets for each Good (“Warranty Period”).
(3) The Seller will during the Warranty Period, free of charge, repair or replace with comparable Goods (at
the Seller’s option) any product, part or component which fails under normal use as a result of such defect
in material or workmanship. This warranty extends only to the original purchasers who acquire new Goods
from the Seller or other authorized resellers. The terms of this warranty set forth:
(a) All of the warranties given with respect to the Goods and authorized resellers;
(b) All of the warranties with respect to the products and the Seller disclaims any other warranty;
and
(c) All remedies available with respect to defective Goods.
(4) This warranty does not apply to normal wear and tear. Natural variations occurring in wood, marble and
leather are not considered defects, the Seller does not warrant the colourfastness or matching of colours,
grains or textures of these natural materials or textiles. The Seller will not be liable for any variations occurring
in any material, caused by any environmental factor. All products supplied are for indoor use only, unless
otherwise stated in writing by the Seller.
TERMS OF SALE T 03 90807439
E studio@cmiffe.com.au
© CMI FF&E 6
(5) To the extent allowed by law, any implied warranties including any warranty of merchantability or fitness
for a particular purpose are limited in duration of these written warranties.
The Seller shall not be liable for loss of time, inconvenience, commercial loss, incidental or consequential
damages.
(6) Service problems should be referred and/or returned to the Customer Service Coordinator for the Buyer’s
region.
(7) The Buyer may be required to supply a proof of purchase. This is at the Seller’s discretion.
17. INDEMNITY
The Buyer must indemnify and keep indemnified the Seller in respect of all costs, charges, interest and
expenses (including legal costs as between legal and own client) incurred by the Seller in enforcing or attempting
to enforce all or any of the rights, powers or remedies of the Seller arising pursuant to these Terms
or otherwise arising in connection with the collection or any attempt to collect any money or in the future
due or owing by the Buyer to the Seller.
18. PRODUCT STEWARDSHIP
(1) The Seller will accept furniture for recycling provided the following conditions are met:
(a) The Buyer confirms in advance with the Seller the return of the Goods to the Seller;
(b) The Buyer provides proof of purchase if there is no identifiable branding on the Goods;
(c) The Buyer bears the cost for the return of the Goods;
(d) The Goods are not contaminated in any way, included but not limited to, the application of protective
coatings, adhesives, paint or any other coatings.
(2) If any of the conditions in clause 18(1) are not met, the Goods may be returned to the Buyer at the Buyer’s
expense.
(3) The Seller will offer replacement parts that are subject to the warranties under clause 16 of these Terms,
and if required, these replacement parts will be subject to a further warranty.
(4) If the Goods have been refabricated or altered in any other way, it will be deemed to be recycled and
will not be accepted back by the Seller for additional recycling.
(5) If the Buyer breaches any condition under clause 18, the Seller reserves the right to exclude the Buyer
from participating further in the Product Stewardship program.
19. CONFIDENTIALITY STATEMENT
All information contained in this document is strictly confidential and is to be regarded as Commercial-in-Confidence.
CMI Design thanks you for the cooperation in this matter.