WARRANTIES AND OTHER CONDITIONS
TURN KEY FURNITURE SOLUTIONS MAKES THE FOLLOWING WARRANTY TO THE ORIGINAL PURCHASERS OF ITS PRODUCTS.
THE TURN KEY WARRANTY
Subject to the limitations set forth below, we warrant that Turn Key Furniture Solutions Pty Ltd (Turn Key) products are free from defects in material and workmanship for a period of one (1) year (or other specified warranty period stated on the tax invoice) from the date of delivery of the product to you. If any claim should arise, Turn Key will assess the claim first and/or at our option, request the return of goods to Turn Key for assessment. The Customer ("You", "The purchaser") is responsible for risk to the goods whilst being returned and the cost of freight for said goods.
Surfaces and components not manufactured by Turn Key (Formica® & other HPL products for example) are governed solely by the guarantees or warranties of the respective manufacturer(s). Where goods are exposed to excessive weather conditions goods need to be either maintained on a regular basis by applying oil in the case of wood products or cover in the case of plastic or metal products.
Warranty claims must be made in writing to Turn Key within the warranty period and must be made within 14 days of the defect occurring. Warranty claims must quote invoice number and date of purchase and are subject to approval by Turn Key. Turn Key, at its sole discretion and subject to a pro-ration of use as determined by Turn Key, will repair or replace the product, or provide the customer a credit for the value of the product subject to the warranty, determined by Turn Key, within a reasonable time following the receipt by Turn Key of such notice of defect.
The above warranties shall not apply to normal wear & tear to product surfaces or damages as a result of abuse, misuse, vandalism, unauthorized repairs or modifications, defacement, inadequate inspection or maintenance, neglect, accident, improper application, prolonged exposure to extreme temperature or improper use. Any modification to the product or any part of the product will void the warranty immediately. The above warranties do not cover damage from excessive or prolonged exposure to elements such as sun, wind, rain, snow, ice or other extreme weather or extreme conditions.
The purchaser is responsible for the cost of shipping any and all defective product/s or part/s back to the Turn Key for assessment.
This warranty will be void if you have defaulted in payment or any other obligation owed to Turn Key Furniture Pty Ltd, or have failed to pay in full within the terms stated on the final invoice for the supplied goods. Warranty claims on newly delivered items cannot be made until payment had been made in full. The warranties shall apply to the original purchaser of the goods only and is not transferrable between individuals, companies, sole traders or businesses.
Unless stated otherwise, all fabrics carry a maximum one year warranty and are subject to the same limitations above. The fabric warranty does not apply toward fabric used in the case of “Customers Own Material” (i.e., material specified by the customer that is not a standard Turn Key offering) used in the manufacture of Turn Key products. The above warranties do not apply to any other components or materials specified by the customer, such as hardware components for example. Such claims should be made directly to the component or finish supplier accordingly.
The above warranties and Turn Key’s obligations hereunder are exclusive and in lieu of, and you expressly waive all other warranties, verbal or written, expressed or implied, including but not limited to any warranty of merchant ability or fitness for a particular purpose. We accept no obligations or liabilities for consequential or incidental damages arising out of or in connection with the use or performance of the product or other direct or indirect damages with respect to loss of property, revenues or profit, or for removal, installation or re-installation. No other representative or person is authorised to offer any other warranty or assume any other liabilities on behalf of Turn Key Furniture Pty Ltd. The warranty is known as a ‘back to base’ warranty which means that you will be responsible for the full cost of returning all of the goods to us for assessment. Turn Key will assess each warranty and may at their discretion choose to replace the goods or provide replacement components to remedy the claim or provide a credit to the value of the goods as determined by Turn Key.
If the goods are found to be covered under our warranty and Turn Key chooses to supply replacement goods or components, then we will be responsible for the cost of returning the goods or components to you by the same mode as indicated in the original invoice. If the goods are found to not be covered under our warranty, then we will provide you with a quote to replace the goods, repair the goods, or supply the necessary replacement components to you and you will be responsible for all return freight costs to you.
In no event shall Turn Key be liable for the cost of procurement of substitute goods by the consumer, or any special, consequential or incidental damages for the breach of warranty even if Turn Key has been appraised as to the likelihood of such damages occurring. In no such event shall Turn Key's liability (whether based on an action or claim in contract, tort, or otherwise) to the customer or any part arising out of or relating to its products or the order or delivery of its products, exceed the product purchase price charged by Turn Key.
These terms and conditions constitute the full understanding and the entire agreement between the parties in regard to the subject matter here or unless hereafter made in writing and signed by the party to be bound.
RISK OF LOSS:
Our Invoice to you will show separately, the cost of product(s), freight and any other charges. However, you assume all risk of loss or damage to the product once we have made delivery to the carrier for shipment to you, regardless of the terms of payment, or the form of bill of lading, or the mode of shipment.
PAYMENT TERMS: Our Invoice to you will show the payment terms. Goods remain the property of Turn Key until all monies owed are paid in full. Failure to pay within the stated terms will invalidate warranty claims. Interest is charged on overdue accounts at a rate of 3% per month.
GOODS DAMAGED IN TRANSIT:
1) Despite your assumption of the risk of loss and damage of goods in transit, Turn Key will review claims of loss on concealed damages. All claims must be made in writing.
2) Any damages or related faults must be reported within 48 hours of delivery in order to file a claim.
3) In the event of a concealed damage claim, Turn Key may at its discretion negotiate a partial payment to help cover the loss.
4) Turn Key does not negotiate partial payments for claims of NON-concealed damages. However, you should be aware that damages need to be noted at the time of delivery of goods and noted on the delivery document, for Turn Key to be able to make a claim with the relevant logistic company.
DELAYED DELIVERY TO SITE
Upon placing an order, Turn Key will provide on the deposit invoice an approximate delivery date for guidance on the lead time required to manufacture and/or supply the goods. Prior to the goods being ready for delivery, Turn Key will make contact with the customer to arrange delivery. If for any reason outside the control of Turn Key the customer is unable to receive delivery within 1-14 days of the goods becoming available for delivery, Turn Key may at its discretion negotiate storage fees with the customer, which would accrue whilst Turn Key is holding the goods until such time that the customer is ready to take delivery. If storage of the goods become necessary, Turn Key reserves the right to issue the final invoice for the ordered goods to the customer at the time where storage commence which becomes due for payment at sight with immediate effect. Any costs accrued from storage will be invoiced at the conclusion of the storage period, prior to delivery, or as separately negotiated at the commencement of storage.
CANCELLATION OF ORDERS
Where Turn Key Furniture Pty Ltd agrees at the Customers request to cancel an order prior to delivering the goods to the Customer, Turn Key Furniture Solutions Pty Ltd reserves the right to charge for all costs incurred prior to the cancellation and to charge a cancellation fee of up to 50% of the price of the goods to cover overheads associated with the order. The Customer's request must be in writing and prior to the delivery of the goods from our manufacturing plants. Custom orders cannot be cancelled once the goods have been produced and the customer will be liable for the full price of the goods. Custom orders are orders that are not derived from Turn Key's stock holding and are produced at a manufacturing facility to the specification stated on the customer order. Failure of the customer to pay the final invoice within the terms stated on the final tax invoice supplied by Turn Key may result in the goods being collected by Turn Key from the customer’s premises and the customer forfeiting any deposit previously paid.
It is the purchaser's responsibility to pay the freight cost incurred for return of all goods.