Terms & Conditions

These terms and conditions together with the Invoice to which these terms are attached make up a legally binding agreement (the Agreement) between: CULTURE CUSH ABN 78 957 014 927 (referred to in these terms as “Us” “We” and “Our”) AND the person(s) or company named in the attached Quote (referred to in these terms as “the Client” and “you”).

This Agreement may be accepted by doing the following:

(a) Paying a 50% deposit amount as stated on the Invoice

THE PARTIES AGREE as follows:

1. Appointment

1.1 We are appointed by you from the Start Date to perform the Services.

2. Invoice

2.1 Our Invoice details the Services, the Fees and any other terms applicable to the provision of the Services.

2.2 Our Invoice is based on the information provided by you. If there are variations required to complete the Services we will notify you in writing of the variation, the price variation, associated delays and any other information We consider is relevant to the variation (“Variation”).

2.3 We are not obliged to commence any supply associated with any variation identified in accordance with clause 2.2 unless and until you acknowledge and accept in writing the variations contained in that notice. The notice may be given by email.

2.4 If you do not accept the Variation, you may terminate this agreement

3. Payment and Price

3.1 If a deposit is specified in the Invoice, payment of the deposit is required before the Services will commence.

3.2 Invoices will be issued at the times specified in the Invoice and must be paid within 7 days from the date of the invoice.

3.3 If any invoice is not paid by the required date, We may charge interest at the then applicable rate pursuant to 36.7 of the Uniform Civil Procedure Rules 2005 (NSW). If any invoice remains unpaid for longer than 7 days from the date of the invoice, We may either suspend the provision of Services until payment is received, or terminate this Agreement until payment is received. A failure by Us to exercise any remedy referred to above does not prevent Us from doing so with respect to any future unpaid invoice.

3.4 Unless stated otherwise Our Fees include GST. You agree to pay any GST imposed on Us now or in the future in relation to this Agreement. Where GST is payable on any taxable supply made under this Agreement, You agree the Fees payable for the supply will be increased by any amount equivalent to the GST payable by Us in respect of that supply.

4. Delivery & Risk

4.1 At the completion of the Services, if specified in the Invoice, we will deliver the goods to an address specified by you following payment of the delivery fee in the Invoice.

4.2 We do not take any responsibility for damage to the goods caused in transit unless caused by our direct negligence.

5. Limitation of Liability and Warranty

5.1 Our liability for failure to comply with a consumer guarantee is limited to:

(a) the replacement of the goods or the supply of equivalent goods (or the payment of the cost of the replacement or supply); or

(b) the repair of the goods (or the payment of the cost of the repair),

and we will determine, in our sole discretion, whether replacement or repair will be offered.

5.2 In all other respects, our total liability for Loss or damage of every kind, arising out of or in relation to the supply of the goods, their sale, delivery or the way they behave, and whether in tort or contract or in any other cause of action, is limited to an amount equivalent to the sum paid by you to us for the goods.

5.3 If your furniture is damaged, you must send an email to studio@culturecush.com.au with the following information:

(a) Email Subject: “Warranty Claim”;

(b) Provide a copy of your invoice or provide your order number; and

(c) Provide clear photographs and description of the furniture and damaged area/s.

(“Warranty Claim”)

5.4 Once we have received your Warranty Claim, we will assess your claim within 10 business days and provide confirmation of the outcome of your Warranty Claim.

5.5 A Warranty Claim will be accepted if:

(a) you have complied with the steps set out in 5.3; and

(b) the damage was not caused by misuse, abuse, fair wear and tear or unauthorised alterations or modifications.

6. Force majeure

6.1 Neither Party has any liability under or may be deemed to be in breach of this agreement for any delays or failures in performance of this agreement which result from circumstances beyond the reasonable control of that Party, including without limitation, delays in the delivery or availability of fabric.

6.2 The Party affected by these circumstances must promptly notify the other Party in writing when such circumstances cause a delay or failure in performance and when they cease to do so.

6.3 If such circumstances continue for a continuous period of more than 6 months, either Party may terminate this agreement by written notice to the other Party.

7. Termination

7.1 We may terminate this Agreement by notice in writing to you, if you:

(a) fail to observe any term of this Agreement;

(b) fail to rectify a breach, to Our satisfaction, following the expiration of 7 days’ notice of the breach being given in writing by Us to you;

(c) have an administrator, receiver or executor is appointed to the Client pursuant to the Bankruptcy Act 1966 (Cth).

7.2 Notwithstanding any other provision of this Agreement, We may terminate this Agreement for any reason by providing you with 7 days’ notice.

7.3 You may terminate this Agreement by giving us 30 days’ notice (excluding for reasons related to clause 6 - force majeure); or

7.4 If you terminate this Agreement under clause 7.3, We will:

(a) be entitled to payment for all Services carried out up to the date of termination. A final invoice will be issued to you and payment of the final invoice before your goods can be collected; and

(b) the goods must be collected no later than 7 days after the date of termination. If the goods are not collected within this timeframe, We will charge you a storage fee of $50 per day.

8. Applicable Law

8.1 The parties expressly agree that this Agreement will be governed by and interpreted in accordance with the laws of the State of New South Wales.

9. Client’s Warranties

9.1 The Client warrants that:

(a) In the case of a natural person, he/she has never been a bankrupt or entered into a deed of arrangement or compromise or any other arrangement under Part X of the Bankruptcy Act or otherwise assigned his/her assets for the benefit of creditors.

(b) They are not executing this Agreement as a result of or by reason of or in reliance upon any promise, representation, statement or information of any kind whatever given or offered to them by or on behalf of Us whether in answer to an enquiry or otherwise.

(c) Prior to the Start Date, they have made their own independent enquiries and satisfied themselves as to the fitness for purpose of the services and, to the extent permitted by law, We makes no warranty, promise or representation in relation to the services, either expressly or impliedly and any warranties, terms and conditions in relation to the fitness of the Services for any purpose, whether implied by use, statute or otherwise is, to the extent permitted by law, hereby excluded.

10. We Rely on the Client’s Warranties

10.1 In entering into this Agreement, we rely upon the warranties provided above and upon any information supplied by the Client.

11. Definitions

In these terms and conditions, the following terms have the meanings indicated:

(a) Agreement means the agreement made between you and Us as set out in these Terms and Conditions together with the Invoice.

(b) Fee means the fees for the Services set out in the Invoice.

(c) Loss means any and all loss (including pure financial loss), injury, liability, damage, compensation, claim, demand, expense, interest or cost, including reasonable legal fees, whether arising in tor, contract or otherwise (including costs awarded or incurred) of any kind.

(d) Services means the services to be provided by Us in accordance with an Invoice.

(e) Start Date means the date specified in the Invoice.