Terms and conditions

Depot Furniture Pty Ltd ABN 71 641 268 180 of 101 Clarke Street, South Melbourne VIC 3205 Australia.

1. Application
 

These Terms and Conditions apply to all quotations, proforma invoices, sales and supply of goods by Depot Furniture Pty Ltd. By placing an order, accepting a quotation or remitting payment, the buyer agrees to be bound by these Terms and Conditions.

2. Business Customers
 

Depot Furniture Pty Ltd supplies goods to customers purchasing for business purposes. Where goods are acquired for business purposes, the parties agree that any applicable consumer protection legislation, including the New Zealand Consumer Guarantees Act 1993 where relevant, does not apply to the maximum extent permitted by law.

3. Quotations and Orders
 

All quotations are subject to confirmation and product availability. A binding agreement is formed only upon written acceptance by Depot Furniture Pty Ltd or issuance of a Proforma Invoice.

4. Pricing and Currency
 

All prices are quoted in USD unless otherwise agreed in writing. Pricing may be amended with a minimum of 90 days written notice prior to shipment. Taxes, duties, GST, customs charges and other statutory charges in the destination country are the responsibility of the buyer.

5. Payment Terms
 

Production will not commence until required deposits are received in cleared funds. Final payment must be received prior to release of shipping documents unless otherwise agreed in writing. Depot Furniture Pty Ltd may suspend, delay or cancel supply if payment terms are not met.

6. Shipping Terms
 

All goods are supplied FOB port of loading in accordance with Incoterms 2020. Risk transfers to the buyer once the goods pass the ship’s rail at the port of origin. Depot Furniture Pty Ltd acts strictly as an FOB supplier.

Ship dates are estimates only and may vary due to production scheduling, vessel availability, port congestion or other factors outside reasonable control.

7. Import Responsibilities
 

The buyer is responsible for all import duties, GST, customs clearance, demurrage, storage, inspection fees, inland freight, Ministry for Primary Industries biosecurity inspections in New Zealand and any related charges. Depot Furniture Pty Ltd does not cover any post FOB costs, including local freight costs incurred in the destination country.

8. Retention of Title
 

Title to goods remains vested in Depot Furniture Pty Ltd until full payment is received in cleared funds. Depot Furniture Pty Ltd may register its security interest under the Personal Property Securities Act 2009 in Australia and the Personal Property Securities Act 1999 in New Zealand.

9. Inspection and Claims
 

The buyer must inspect goods upon arrival at destination port and prior to onward distribution.

All claims must be submitted in writing via the official claim procedure at
https://clarkehouse.com.au/claim-form-1

Claims must include clear photographs, container number, SKU references and supporting documentation as required.

Approved claims will be settled strictly as a USD FOB credit value limited to the affected single item only. Full suites will not be credited or replaced due to damage affecting a single component or individual item within the suite.

Depot Furniture Pty Ltd may, at its discretion, replace the affected product SKU on the buyer’s next order instead of issuing a credit.

Credits or remedies are limited to the USD invoice value of the affected goods only and exclude freight, handling, local cartage, unpacking, loss of profit, business interruption or any consequential or indirect loss.

Depot Furniture Pty Ltd does not cover local freight costs incurred in relation to claims.

10. Product Specifications
 

Dimensions, finishes, materials and colours may vary within normal manufacturing tolerances. Minor variations do not constitute a defect.

Fabric pilling and fabric colour transfer are natural characteristics of textile upholstery and are results of normal use. These are not considered manufacturing faults and do not constitute valid warranty claims.

11. Warranties
 

Any express warranty provided is limited to repair, replacement, SKU substitution on a future order or credit at the discretion of Depot Furniture Pty Ltd.

Warranty does not cover misuse, improper storage, incorrect assembly, fair wear and tear, transport damage after FOB transfer, commercial misuse outside intended application, fabric pilling, fabric transfer or other natural characteristics of materials.

12. Limitation of Liability
 

To the maximum extent permitted by law, Depot Furniture Pty Ltd shall not be liable for indirect, consequential or economic loss including loss of profit, business interruption or third party claims.

Total liability is limited strictly to the USD invoice value of the goods supplied.

13. Force Majeure
 

Depot Furniture Pty Ltd is not liable for delay or failure to perform due to events beyond reasonable control including supplier delays, vessel congestion, port closures, customs delays, labour shortages, pandemics, government actions or biosecurity directives.

14. Intellectual Property
 

All designs, branding, marketing materials and website content remain the intellectual property of Depot Furniture Pty Ltd. No rights are granted without prior written consent.

15. Privacy
 

Personal and business information is collected and handled in accordance with applicable privacy laws and used only for legitimate business purposes.

16. Governing Law
 

These Terms and Conditions are governed by the laws of Victoria, Australia. The parties submit to the non exclusive jurisdiction of the courts of Victoria.