GENERAL

The following terms and conditions of trade (Terms) govern all contracts for the sale or supply of goods or services by Presto Furniture (Australia) Pty Ltd ACN 164 335 157 trading as Presto Furniture (Presto), unless specifically modified with the express written agreement of a director of Presto.

These Terms shall be deemed to be incorporated into any agreement between Presto and the client and shall prevail over any terms and conditions contained in any order, offer, acceptance or other document of the client to the extent of any inconsistency. All representations, statements, terms and conditions and warranties (whether express or implied by statute or otherwise) not embodied herein are expressly excluded to the fullest extent permitted by law.

 

WARRANTY

The warranty in relation to Presto products is a minimum of 12 months through to 10 years. The warranty for each product can be found on the individual product specification page.

Presto supplies commercial contract furniture which requires installation by suitably qualified installers. Presto products must be installed in accordance with the instructions in Presto’s installation guide. Presto will not accept responsibility arising from installations which do not conform to the installation specifications.

The client agrees that Presto’s aggregate liability in contract, tort (including negligence or breach of statutory duty) or caused by, resulting from, or in relation to any goods or services supplied by Presto, is limited (to the extent permitted by law) to an amount equal to the price received by Presto for the goods or services.

 

COPYRIGHT & INTELLECTUAL MATERIAL

All Presto product images and product copy are subject to copyright and are the property of Presto.

Approved Presto stockists are welcome to use any of the images on the Presto website and Dropbox for the purpose of promoting the product/s. Clients should contact Presto regarding image usage for direction to brand guidelines if unsure.

 

STATEMENT ON COLOURS & FINISHES

Actual product colours and finishes may vary from colours shown on computer monitors and due to the differences in dye lots. Product samples are available if required.

 

ORDERING & MINIMUM QUANTITIES

Only written purchase orders are accepted. Verbal orders are not accepted. For a trade account to remain active a reorder with a minimum value of $1000 ex GST is required at least every three months.

A $20 order fee applies to wholesale orders less than $150 ex GST.

 

PRICES

All prices quoted are exclusive of GST. Prices listed in the pricelist are exclusive of GST. All pricing is in AUD, Australian Dollar. Prices are subject to change without notice, unless already invoiced.

 

PAYMENT TERMS

All clients without a trade account will require payment upfront, ie payment is required before an order will be dispatched.

A trade account is available to long-standing customers who spend $5,000+ annually with Presto. A credit application must be completed and approved by Presto.

For clients with a trade account, all invoices are payable strictly 30 days net from invoice date.

Presto accepts payments by means of: Bank Deposit and Paypal.

 

RETURNS & CANCELLATIONS

Presto is under no obligation to accept goods for return ie. for replacement or credit claim, and may refuse to at our discretion and without reason.
Returns will not be accepted for reasons including but not limited to when:
(a) Presto product has been specifically manufactured, modified, or imported for the client;
(b) Presto products are non-standard;
(d) returned cartons are damaged;
(e) the product has been used or damaged;
For accepted returns:
Stock items cancelled prior to dispatch will incur a 10% restocking fee.
Stock items returned after dispatch will incur a 20% restocking fee. Items must be returned within 14 days of delivery. Freight costs incurred are at the client’s expense.
All goods and delivery dockets must be checked on arrival. All shortages, incorrect or damaged goods must be notified to us within 5 days of receipt, otherwise claims will not be recognised.
Goods for return will not be accepted without prior arrangements and authorised by Presto.

 

OVERDUE ACCOUNTS, COLLECTION COSTS AND INTEREST

Presto may refuse to send an order where the clients trade account falls outside the account terms. The order may be cancelled or placed on hold until overdue monies have been paid. Presto may also, at any time request that the client’s account be paid down prior to any new order being sent.

Presto may list the client’s name with Credit Agencies (Credit Reference Association) when the account is in default. In the event where your overdue account is referred to a collection agency and/or law firm, you will be liable for all costs which would be incurred as if the debt is collected in full, including commission on collection of the additional costs and also including legal demand costs.

Overdue accounts will be subject to interest at the rate of 13% p.a., calculated for the period the account is due until the date it is paid.

 

LIABILITY

The client is liable to Presto for all goods charged to the client’s trade account until paid in full.

Presto cannot be held liable for any losses, costs, damages, and expenses (including legal costs) resulting from claims arising out of your breach of these Terms of Trade.

 

DELIVERIES

Orders may be collected from the Presto Warehouse located at 97 Indian Drive, Keysborough Victoria 3173.

For the majority of products, a freight fee will apply for orders dispatched;
• 5% of product value for Melbourne metro, minimum $45.
• 7.5% for interstate deliveries, minimum $65.

For listed special freight items, as detailed in the published pricelist, a quote will be provided. Special freight items include, but are not limited to, mobile pedestals, worktops and HushRaw.

Delivery times will vary depending on location and will be delivered between 9am and 5pm, Monday to Friday. Every attempt will be made to meet agreed times. Where other than normal freight is required, any additional costs will be charged to the client.

The delivery times made known to the client are estimates only.

Presto will not be liable for any loss, damage or delay occasioned to the client arising from late or non-delivery or late installation of the Presto Products.

 

STORAGE AND INVENTORY COSTS

All product will be dispatched in accordance with the date specified on the order confirmation. Any change to delivery and subsequent storage of product will be at the absolute discretion of Presto. Any product stored for more than 1 month past the initial requested delivery date will incur storage and administration charges. The minimum charge will be $100 ex GST per pallet or storage equivalent per month.

Presto in its absolute discretion may cancel any orders in circumstances where the product has not been collected within 4 weeks without prior arrangement. The client will be liable for any expenses incurred by Presto arising from such cancellation including the 10% cancellation fee.

 

PASSING OF RISK AND TITLE

Risk in respect of Presto products will pass to the client at the time of invoicing.

Title in Presto products delivered remains with Presto until full payment has been received, regardless of the time at which such payment may be due.

The client gives Presto, its agents and servants, leave and licence, without the necessity of giving any notice, to enter at any time on and into any premises occupied by the client, in the event of a receiver, liquidator, official manager or similar person being appointed to manage the affairs of the client, to inspect, search for or remove the Presto product.

 

OWNERSHIP / RETENTION OF TITLE OF PRODUCT

The client acknowledges and agrees that the supply of Presto Product under these Terms:
(a) constitutes a Security Agreement for the purposes of the PPSA; and
(b) creates a Security Interest in all:
(i) Presto product previously supplied by the Presto to the client;
(ii) Presto product that will be supplied in the future by Presto to the client; and
(iii) proceeds (if any) received by the client in relation to the Presto product,
and may be registered on the Register as a Purchase Money Security Interest.

The client undertakes to:
(a) promptly sign any documents and provide any information (such information to be complete, accurate and up-to-date in all
respects) which Presto may reasonably require to:
(i) register a Financing Statement or Financing Change Statement in relation to a Security Interest on the Register;
(ii) register any other document required to be registered by the PPSA; or
(iii) correct a defect in a statement referred to in clause 6.2(a)(i) or 6.2(a)(ii); and
(b) immediately advise Presto of any changes which may affect Presto’s Security Interest.

“PPSA” means the Personal Property Securities Act (2009) and for the purposes of this clause 6, the terms ‘Register’, ‘Purchase Money Security Interest’, ‘Security Agreement’, ‘Security Interest’, ‘Verification Statement’, ‘Financing Statement’ and ‘Financing Change Statement’ have the meanings given to those terms under the PPSA.

Presto is not required to give any notice under the PPSA (including the notice of a Verification Statement) to the client unless the notice required by the PPSA cannot be excluded.

 

AGREEMENT OF TERMS

Placing an order with Presto constitutes acceptance of the above terms and conditions. These terms are subject to change at any time. If the terms are amended, they will be effective immediately.