Terms & Conditions
1. General
1.1. These conditions apply to all goods supplied by the Seller.
1.2. The Seller and Buyer acknowledge that these conditions constitute the entire agreement between them and that there have been no representations made by either party to the other except such as are expressly set out in these conditions of sale. If there is any ambiguity or inconsistency between the terms of any order lodged by the Buyer and these conditions these conditions shall be paramount.
1.3. These conditions may not be amended or substituted without the express prior written consent of the Seller.
2. Goods Supplied
The goods supplied shall be the goods described on the invoice.
3. Delivery
3.1. Delivery shall be in accordance with the contract unless otherwise agreed in writing by the parties.
(Note: if payment of the deposit is delayed then the delivery time is correspondingly extended)
3.2. If the contract stipulates a time for delivery of the goods such time shall be approximate only and shall not be deemed to be the essence of the contract.
3.3. The Seller shall not be responsible for any failure to deliver or delay in delivery caused by any Act of God, war, strike, industrial stoppage or unrest, fire, earthquake, shortage of suitable labour or materials, unavailability of or delay in transportation, Government Act or any other event beyond the Seller's control.
3.4. The Seller shall not in any circumstances be responsible for any loss or damage caused by delay in delivery of the goods.
4. Payment
4.1. A deposit of forty (40) percent of the prices specified in the contract shall be paid with all orders. The Seller shall not be obliged to supply goods or confirm orders until such time as the deposit has been paid.
4.2. Unless otherwise agreed the remainder of the contract price shall be paid on delivery.
4.3. Goods and services tax shall be in addition to the contract price unless otherwise stipulated.
4.4. On cancellation of any order the Seller shall be entitled to deduct from the deposit any costs incurred by the Seller to the date of cancellation.
5. Interest For Late Payment
If the buyer fails to comply with the terms of payment the Buyer shall pay interest to the Seller at a rate of 2% per month on all moneys outstanding under the contract calculated on a daily basis from the date the moneys became due to the date the moneys are received by the Seller.
6. Ownership
All goods remain the property of the Seller until payment for the goods and any other moneys due under the contract have been received in full. If the Buyer fails to comply with the terms of payment the Seller at its option itself or by its servants or agents may enter upon the premises of land or any other place where the goods are situated and take possession of such goods and the Buyer shall fully indemnify the Seller in respect of any claim or demand brought in respect to such actions.
7. Risk
Notwithstanding the provisions of clause 6 herein the Buyer shall be responsible for any loss damage or deterioration of the goods due to any cause whatsoever from the date of delivery of the goods.
8. Warranty
8.1. Warranty Period
ATC provides a three (03) year warranty from the date of delivery. For fabric, the warranty period is twelve (12) months from the date of delivery.
8.2. Warranty Exclusions
The warranty does not cover:
- Damage caused by misuse, including cuts to the weaving or damage caused by animal bites or chewing.
- Normal wear and tear or deterioration resulting from use over time.
- Changes made by customers to the product’s original structure.
- Products for which the warranty period has expired.
- Breakage or deformation caused by mechanical force or impact attributable to the user.
- Modifications made by customers without notifying ATC.
- Fabrics, cushions, or pillows purchased separately without furniture.
8.3. Warranty Claims
Warranty claims must be submitted to ATC in writing within the warranty period. Warranty service is subject to the customer’s timely compliance with the agreed payment terms.
Claims will not be accepted if repairs have been attempted by anyone not authorised by ATC.
8.4. Repairs and Shipping
For defects covered by the warranty, ATC will arrange repairs or take appropriate corrective action. ATC will specify the repair location, and the customer will be responsible for shipping the product to and from that location.
8.5. Limitation of Liability
For loss, damage, or injury arising directly or indirectly from a product defect, whether under contract or tort, ATC’s liability is limited, at its discretion, to repairing or replacing the affected product, or providing compensation up to the contract price of that product.
9. Waiver
The failure on the part of the Seller to exercise or enforce any rights conferred by the contract or these conditions shall not be deemed to be a waiver of any such rights nor operate so as to bar the exercise or enforcement thereof at any time or times thereafter.
