Funktion Australia Pty Ltd
1. General
These terms and conditions ("Terms") apply to all sales made by Funktion Australia Pty Ltd (ABN 15 158 340 642) (“the Company”) to the purchaser unless expressly varied in writing. These Terms prevail over any inconsistent terms in the purchaser's documents.
All pricing is in Australian Dollars (AUD), and unless otherwise specified:
(a) Prices exclude GST. If applicable, GST is payable in addition to the quoted price in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (Cth);
(b) Prices are ex-works (ExW) from our Victorian warehouse;
(c) Delivery charges, import duties, taxes, and any additional levies are payable by the purchaser.
Quotations are valid for 30 days unless withdrawn earlier and do not constitute a binding offer.
2. Orders & Acceptance
Orders are only accepted upon written confirmation by the Company. Once accepted, orders cannot be cancelled without the Company’s prior written consent. The Company reserves the right to reject any order at its discretion.
3. Payment Terms
Standard payment terms are net 7 or 30 days from the date of invoice, subject to credit approval. The Company may vary terms or require prepayment if the purchaser’s credit standing becomes unsatisfactory.
4. Claims & Returns
Claims for shortages, damages, or incorrect delivery must be made in writing within 14 days of delivery. Returns are subject to approval and may incur a restocking fee of up to 20%, provided the goods are in saleable condition. Custom or special-order items are non-returnable unless faulty.
5. Product Descriptions
Descriptions and illustrations in catalogues or marketing materials are for general guidance only and do not form part of the contract. Purchasers are responsible for ensuring goods are suitable for their intended purpose.
6. Consumer Guarantees & Warranties
Nothing in these Terms excludes, restricts, or modifies any consumer guarantees under the Competition and Consumer Act 2010 (Cth) and related Victorian legislation. Where permissible, liability is limited to the repair or replacement of goods, re-supply of services, or a refund.
7. Limitation of Liability
To the fullest extent permitted by law, the Company is not liable for indirect, incidental, or consequential loss including loss of profit or data, even if advised of the possibility of such damage.
8. Indemnity
The purchaser indemnifies the Company from all claims, losses, or damages arising out of:
(a) misuse or unsafe use of goods;
(b) non-compliance with applicable laws or safety standards;
(c) use of goods contrary to the Company’s instructions or Australian regulations.
9. Delivery
Delivery dates are estimates only. The Company is not liable for delays caused by events beyond its control (e.g., strikes, natural disasters, transport issues, supply shortages). Risk passes on dispatch; title passes only when payment is received in full.
If the purchaser arranges freight, the Company accepts no liability once goods are collected.
10. Retention of Title
Ownership of goods remains with the Company until full payment is received. Until then, the purchaser must:
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Store goods separately;
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Not remove labels or identifying marks;
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Allow repossession in case of default.
11. Installments
The Company may deliver goods in installments. Each installment is a separate contract. Delay or failure in any installment does not entitle cancellation of the remaining order.
12. Default
If payment is overdue, the Company may:
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Suspend further deliveries;
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Charge interest at 1.5% per month on overdue amounts;
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Recover legal and collection costs.
13. Intellectual Property
All intellectual property in designs, drawings, or materials supplied by the Company remains its property. Use of Company IP without permission is prohibited.
14. Subcontracting
The Company may subcontract all or part of the production or delivery of goods and services without prior notice.
15. Notices
All notices to the Company must be delivered in writing to its registered office. Email is acceptable with confirmation of receipt.
16. Severability
If any provision is held invalid by a court, the remainder of the Terms remain in effect.
17. Governing Law
These Terms are governed by the laws of Victoria, Australia. Both parties submit to the non-exclusive jurisdiction of Victorian courts.
18. Credit Application Terms
By applying for a credit account with Funktion Australia Pty Ltd, the applicant (“Customer”) agrees to the following:
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Credit Enquiries
The Customer authorises the Company to conduct credit checks and make relevant enquiries to assess creditworthiness. -
Credit Terms
Approved credit accounts are subject to strict 30-day terms. Payment is due within 30 days from the date of invoice unless agreed otherwise in writing. -
Retention of Title
All goods remain the property of Funktion Australia Pty Ltd until full payment is received. -
Temporary Credit Accounts
A temporary credit limit of $500 may be provided for one (1) order while the full application is under review. Further deliveries will be withheld if payment is not made on time. -
Suspension & Termination
The Company reserves the right to suspend or cancel any credit facilities or applications if:-
Payment terms are breached;
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The temporary period is defaulted;
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Credit standing is deemed unsatisfactory.
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Default & Recovery Actions
In the event of default (i.e. payment not received by the due date), the Company may:
a) Charge a 5% late fee per month on any overdue invoices over 30 days;
b) Demand immediate payment of all outstanding invoices and fees;
c) Suspend or cancel credit facilities;
d) Withhold future deliveries;
e) Seek return or repossession of unpaid goods;
f) Revoke account terms permanently;
g) Initiate legal or collection proceedings.