Terms and Conditions

TERMS AND CONDITIONS OFSALE

1.  Definitions. In these terms and conditions.
“Desired Living” means Mighty Motors Pty Ltd ABN 56 074 078 194 trading as Desired Living and their officers, servants, employees or agents.
“Customer” means the Person with whom Desired Living contracts.
“Goods” mean the Goods supplied or to be supplied by Desired Living to the customer from time to time pursuant to the contract
"Order" means an order placed with Desired Living for the sale and of Goods.
“Purchase Price” means the price for the Goods specified in the Order Confirmation/Contract.
“Deposit” means the amount paid by Customer as a deposit for the Goods.
“Loss” means any damage, loss, liability, expense or cost whether direct or indirect, consequential or incidental
“Order Confirmation” means a written confirmation of the Order by Desired Living which may be in the form of an invoice provided to the Customer in person, by fax, email or delivered to the Customer upon delivery of the Goods.
“Terms and Conditions” means these terms and conditions as amended from time to time by Desired Living.
1.2 In these Terms and Conditions (Including defined terms), unless the context otherwise requires:
(a) The singular includes the plural and vice versa and each gender includes each other gender;
(b) Headings are included for convenience only and do not affect the interpretation of these Terms and Conditions.

2. Title, Risk and Rights
2.1 Risk of Loss or damage to the Goods will pass to the Customer at Delivery or Collection Time.
2.2 Title of Goods does not transfer until the full invoice price is received by way of cleared funds. In the case of the customer’s payment not clearing or the Customer fails to make payment when it is due or commences to be wound up or is placed under official management or suffers a receiver or manager to be appointment or become insolvent or commits an act of bankruptcy or in the event that, in the sole opinion of Desired Living, the payment of any such amount in respect of the Goods supplied by Desired Living is in jeopardy, Desired Living has the right to enter the customer's premises or any other premises where Goods whose ownership is retained by Desired Living are located without liability for trespass or any resulting damage and to retake possession of them.  The Customer indemnifies Desired Living from any claim arising from Desired Living exercising this right.

3. Formation of Contract of Sale of Goods
3.1 Each order will constitute an offer by the Customer to purchase Goods from Desired Living upon and subject to these Terms and Conditions and to the exclusion of all other terms and conditions and notwithstanding any qualification of these Terms and Conditions (including any terms and conditions contained in any purchase Order or other document of the Customer) unless expressly agreed by Desired Living in writing. Any price list or quotations given by Desired Living to a Customer are an invitation to the Customer to place an Order only.  
3.2 A contract will only be formed between Desired Living and the Customer for the sale and purchase of Goods if and upon the acceptance of the Order by Desired Living by the provision to the Customer of an Order Confirmation.
3.3 The Contract resulting from the provision of the Order Confirmation cannot be cancelled by the Customer without Desired Living written consent and Desired Living may at its discretion impose a cancellation charge. A 30% of purchase price cancellation fee for all Standard Stock and a 50% of purchase price cancellation fee for special orders will apply.   

4. Payment and Delivery
4.1 A deposit of 30% of the Purchase price for standard stock (normal stock carried by Desired Living) and back orders must be paid by the Customer. A deposit of 50% of the Purchase price for custom or special orders (special colour or design) must be paid by the Customer. Orders will not be processed until the appropriate deposit has been paid by the Customer. This payment is taken as acknowledgement of the Customers agreement to the Terms and Conditions. 
4.2 The Customer must pay the balance due when the Customer is notified that the Goods are ready for collection or delivery. If the Customer fails to collect or accepts delivery 7 days from the notification date the Customer agrees to pay a daily storage fee of 0.5% of the purchase price from date ending the 7th day of the notification date. If no arrangement for collection or delivery of the Goods is made by the Customer after 90 days of the notification date the order will be cancelled and the paid deposit forfeited in full. The Customer indemnifies Desired Living from any claim arising from Desired Living exercising this right.
4.3 The Delivery period of the Goods quoted by Desired Living is an approximation only based on manufacturing and logistics lead time, Delivery can occur before or after the approximate delivery period. Desired Living will make all reasonable efforts to deliver Goods in the period agreed at the time of sale, however Desired Living cannot be responsible for any delivery or failure to deliver due to circumstances which are beyond Desired Living’s reasonable control. Desired Living shall be entitled to delay or in an unlikely event cancel the Order and refund any payment made by the Customer. The Customer will not be entitled to make any claims for delayed delivery or cancellation of the order and Desired Living will not be liable for any losses or consequential losses incurred by the Customer.
4.4 All Delivery charges are for one delivery to the delivery address provided by the Customer on the Order. If the Customer is not at the delivery address to accept and sign a receipt for the Goods at the agreed day and time the Customer will be charged a fee for re-delivery. Additional charges may apply where normal site access is not available such as stairs, removal of fixtures or furniture any other access difficulties consuming more delivery time.

5. Warranties, Exclusions and Limitations.
5.1 Subject to 6, Desired Living excludes from these conditions all conditions, warranties and terms implied by statute, general law or custom.
5.2 Subject to 6, Desired Living excludes all liability for, and the Customer releases and indemnifies Desired Living against all loss, damage, cost and expense from any claim by any Person in tort (including negligence), contract bailment or otherwise for loss or damage to any property, injury to, or death of any Person arising out of any acts or omissions of Desired Living of any or all of the Goods, any delay or other failure to supply the Goods and services or these conditions.
5.3 The exclusions, releases and indemnities in 5.1 and 5.2 extend to loss of profits, business or anticipated savings or any other indirect or consequential damage and to economic loss and even if Desired Living knows they are possible or otherwise foreseeable.
5.4 These conditions apply in all circumstances arising from a fundamental breach of contract or breach of a fundamental term or negligence.
5.5 If Desired Living is liable for incorrect supply or shortage against invoice, no claim for the loss or damage or faulty Goods or short supply may be made unless notice of the claim is lodged in writing within 24 hours of the date of removal or receipt of the Goods. Where liability cannot be excluded it is limited to replacement of the Goods or their value.
5.6 The failure to notify a claim within the time under 5.5 is evidence of satisfactory performance by Desired Living of its obligations.
5.7   All freight and delivery costs to and from purchaser for purchases, returns, warranty claims or exchanging Goods are the responsibility of the purchaser. Faulty or incorrect Goods must be returned prior to replacement Goods being supplied.
5.8   All Goods are covered by a 12 months conditional warranty, from the original date of collection or delivery unless otherwise expressed in writing. This warranty does not extend to existing defect or damage to Floor Stock or other stock recorded on the order. Desired Living reserves the right to repair or replace the Goods under warranty at its discretion. Discontinued or unavailable Goods will be replaced with similar Goods.
5.9    No refund, credit or exchange is payable to the Customer by Desired Living after 7 days.
5.10 Subject to 5.9, replacement, refund or credit on Goods returned within 7 days will be at the discretion of the company.  Return of Goods is subject to a 30% of purchase price re-stock fee. Please note all Goods must be returned in their original packaging, Goods not in original packaging or assembled cannot be returned.
  5.11 Any advice, recommendation, information, assistance or service provided by Desired Living in relation to the Goods or their use or application is given in good faith and is believed by Desired Living to be appropriate and reliable. However, any advice, recommendation, information, assistance or service provided by Desired Living in relation to the Goods is provided without liability or responsibility on the part of Desired Living.
    5.13 If the Customer requires Desired Living to assemble or fix the Goods to a wall at their premises. The Customer takes full responsibility to provide ample free space for the assembly to take place. The Customer will not be entitled to make any claims whatsoever in respect of any damage caused by Desired Living to the Customer’s valuables, home content, effects and building.

6. Trade Practices Act.
These conditions are subject to any applicable implied warranty in the Trade Practices Act 1974 which cannot be excluded, restricted or modified.

7. Law.
These conditions are governed and must be construed under the laws of the State of New South Wales and the parties submit to the exclusive jurisdiction of the courts of that State.

8. Severability.
If a condition or part is unenforceable the unenforceability does not affect any other part of the condition or any other condition.

9. Variations and Waiver.
9.1 Desired Living is not bound by any waiver, discharge or release of a condition or any agreement which varies these conditions unless it is in writing and signed for Desired Living by an authorised officer.
9.2 If Desired Living waives a breach of a condition the waiver does not operate as a waiver of another breach of the same or any other condition or as a continuing waiver.

10.  Quotations: Quotes valid for 7 days only or while stocks last, prices, fees and charges subject to change without notice.