DreamDome General Terms and Conditions of Sale
1.1 In these Terms:
“Company” means [DreamDome represented by Domeshells Australia Pty Ltd ABN 96 096426274 as Australian licensee of DreamDome Building Systems]
“Customer” means the purchaser of Goods from the Company.
“Goods” means all goods sold and/or delivered by the Company to the Customer.
“Terms” means these terms and conditions of sale.
2.1 These Terms apply to all contracts for the sale of Goods by the Company.
2.2 No amendment, alteration, waiver or cancellation of any of these Terms is binding on the Company unless confirmed by the Company in writing.
2.3 The Customer acknowledges that no employee or agent of the Company has any right to make any representation, warranty or promise in relation to the Goods or the sale of the Goods other than as contained in these Terms.
3.1 Prices are determined at the time of order and, prior to payment of the deposit, are subject to change without notice.
4.1 Payments are to be made to the Company without any deduction or discount other than as stated in these Terms or in the relevant invoice or statement.
4.2 A deposit of 25% or 50% of the invoice price (depending on the current offer) is due at the time of placing an order at which time the order is confirmed and will commence to be processed.
4.3 Payment of the 25% or 50% deposit (when purchasing a DreamDome of any size) is accepted as confirmation that you agree you have satisfied yourself that your local council will accept the installation of a DreamDome under their exempt development provisions on your property and that later refusal by your council will not qualify you for a refund.
4.3 The balance of the invoice price must be paid in full according to the payment schedule stated at the time of purchase and stated on your purchase order and shall always be paid in full prior to delivery.
4.4 In the event you fail to pay the final balance within 7 days of the due date the Company shall have the right to sell the goods (products of your order) to another purchaser or take any other such action in order to limit or recover any costs or loss to the Company.
4.4 Interest is payable on all overdue accounts calculated on a daily basis at the rate of 1.5% per month as from the date due for payment until payment is received by the Company.
5.1 The Company agrees to deliver the product directly to the clients stated delivery address or to another address as may be agreed between the parties for any particular project from time to time.
5.2 If the Customer fails to accept delivery of the Goods within 7 days of being notified of their availability, the Company may terminate this contract. The deposit paid shall be refunded less 20% disruption fee plus any other costs associated with additional storage, transport, administration and re-sale costs.
5.3 In addition to clause 4.4, the Company reserves the right to charge the Customer storage on goods not collected or delivered within 7 days of notification of their availability at the rate of $50.00 per day
5.4 The Company reserves the right to deliver the Goods in whole or in instalments, as well as to deliver prior to the date of delivery and, in such event, the Customer must not refuse to take delivery of the Goods.
5.5 Any failure on the part of the Company to deliver instalments within any specified time does not entitle the Customer to repudiate the contract with regard to the balance remaining undelivered.
6.1 Legal and beneficial ownership of the Goods will pass to the Customer when the Goods have been paid in full in cash or cleared funds.
Risk and Insurance
7.1 The Goods are entirely at the risk of the Company until delivery at the delivery address of the customer or on collection.
7.2 The risk pass to the Customer on delivery, from which time the customer, at its own expense, maintain the Goods and insure them against theft, breakdown, fire, water and other risks as from the moment of delivery to the Customer.
7.3 When wholesale customers purchase on FOB terms the risk passes to the client when the goods are handed to the clients shipping agent and the Company shall have no further interest or risk in the goods.
8.1 Unless the Customer has inspected the Goods and given written notice accompanied by a range of images of damages to the Company within 2 days after collection or delivery that the Goods do not comply with the relevant specifications or descriptions, the Goods are deemed to have been accepted in good order and condition.
9.1 No order may be canceled, modified or deferred without the prior written consent of the Company (which is at the Company’s sole discretion). If such consent is given it is, at the Company’s discretion, subject to the Company being reimbursed all losses, including loss of profits, and paid a cancellation fee (being not less than 20% of the invoice price of the Goods).
10.1 These Terms do not affect the rights, entitlements and remedies conferred by the Trade Practices Act 1974.
10.2 The Company is not subject to and the Customer releases the Company from, any liability (including but not limited to consequential loss or damage) because of any delay in delivery or fault or defect in the Goods. The Customer acknowledges that the Company is not:
(a) responsible if the Goods do not comply with any applicable safety standard or similar regulation; and
(b) liable for any claim, damage or demand resulting from such non-compliance.
10.3 If any statutory provisions under the Trade Practices Act 1974 or any other statute apply to the contract between the Company and the Customer (Contract) then, to the extent to which the Company is entitled to do so, the Company’s liability under the statutory provisions is limited, at the Company’s option, to:
(a) replacement or repair of the Goods or the supply of equivalent Goods; or
(b) payment of the cost of replacing or repairing the Goods or of acquiring equivalent goods;
in either case, the Company will not be liable for any consequential loss or damage or other direct or indirect loss or damage.
10.4 When Proposed Installation of a DreamDome 3.0m, 3.5m and 5.0m diameter Dome Building is Under Exempt Development Provisions Under Relevant Planning Rules in each particular State it shall be the sole responsibility of the purchaser to ensure compliance with Local Authority Regulations and DreamDome shall have no liability for any breach or consequential loss
Warranty – Read together with “DreamDome Product Warranty”
11.1 DreamDome provides a 20 Year Structural Warranty on the dome shell structure under normal service conditions when installed to specification. Failure or damage caused by conditions beyond the stated certified loading or wind speed categories is not covered by this warranty
11.2 All other Goods sold or packaged with the kit are subject to such warranties as are specified by the manufacturer and supplied subject to the product standards detailed by the manufacturer but shall not be less than 1 Year.
11.3 On discovery of any defect in the Goods, the Customer must immediately notify the Company in writing of such defect. The Customer must not carry out any remedial work to alleged defective Goods without first obtaining the written consent of the Company to do so.
11.4 The provisions of any act or law (including but not limited to the Trade Practices Act 1974) implying terms, conditions and warranties, or any other terms, conditions and warranties which might otherwise apply to or arise out of the Contract are hereby expressly negatived and excluded to the full extent permitted by law.
11.5 The Customer expressly acknowledges and agrees that it has not relied upon, and the Company is not liable for any advice given by the Company, its employees, agents or representatives in relation to the suitability for any purpose of the Goods.
Display and Samples
12.1 Any display product or sample inspected by the Customer is solely for the Customer’s convenience and does not constitute a sale by sample.
13.1 The terms of the Contract are wholly contained in these Terms, the DreamDome Product Warranty and any other writing signed by both parties. The Contract is deemed to have been made at the Company’s place of business where an order is placed and any cause of action is deemed to have arisen there.
13.2 An order is deemed to have been made on receipt of a 25% or 50% of the invoice total value and funds are cleared.
14.1 The Company will not be liable for any breach of contract due to any matter or thing beyond the Company’s control (including but not limited to transport stoppages, transport breakdown, fire, flood, earthquake, acts of God, strikes, lock-outs, work stoppages, wars, riots or civil commotion, intervention or public authority, explosion or accident.
Waiver of Breach
15.1 No failure by the Company to insist on strict performance of any of these Terms is a waiver of any right or remedy which the Company may have, and is not a waiver of any subsequent breach or default by the Customer.
16.1 Neither the Contract nor any rights under the Contract may be assigned by the Customer without the prior written consent of the Company, which is at the Company’s absolute discretion.
17.1 If any provision contained in these Terms is held by a court to be unlawful, invalid or unenforceable, the validity and enforceability of the remaining provisions are not affected.
20.1 These Terms and the Contract shall be governed by the law of Queensland Australia and the parties submit to the courts of Queensland, Australia in respect of any dispute hereunder.