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Urban Key Online Sales

Terms and Conditions

1. DEFINITIONS

"Urban Key" means the registered business, Urban Key selling products to the Customer as identified in Urban Key's Quotation or Invoice.

"Customer" means the person or legal entity identified in Urban Key's Quotation or Invoice and Contract.

"Contract" means a Contract for sale by Urban Key to the Customer of the products incorporating the Terms and Conditions.

2. FORMATION OF CONTRACT

2.1 No Contract shall come into existence until the Customer's order has been accepted by Urban Key and such acceptance has been received by the customer in writing, whether automated or otherwise. The contract is deemed to be completed at the time and place where such acceptance is received by the Customer. The Customer warrants that it is buying for its own internal use only and not for re-sale purposes.

2.2 The products sold are subject to these Terms and Conditions only. The Customer acknowledges that it is aware of the contents of and agrees to be bound by these Terms and Conditions.

2.3 These Terms and Conditions are subject to the laws of Australia including without limitation the Trade Practices Act 1974 (the Act).

3. ORDERS, PRICE AND PAYMENT

3.1 Unless credit terms have been expressly agreed by Urban Key, payment for the products or services shall be made in full before physical delivery of products.

3.2 Customer shall pay for all shipping and handling charges, except as stated in section 6 of these Terms and Conditions.

3.3 Customer shall bear Goods and Services Tax on all products.

3.4 Customer's full Contract payment shall be processed same day of, or next business day after Contract date. Customer shall ensure that sufficient funds are available in the selected account as per the Contract. All costs incurred by Urban Key and Customer due to the Customer's failure to ensure sufficient funds are available shall be payable by Customer.

3.5 Customershall bear full 'Paypal' and transaction costs, if theywish to cancel an order within 5 days of making payment using the Paypal facility, equalling 2.5% of total purchase price.

4. PRODUCTS

4.1 All Urban Key branded furniture and Urban Key branded products sold by Urban Key directly to the Customer are subject to these Terms and Conditions.

4.2 All rights, title or interest in respect of the intellectual property rights in the products remain with Urban Key at all times.

5. TITLE AND RISK

Title to and risk in the products shall pass to the Customer upon delivery of the products to the Customer.

6. DELIVERY

6.1 Urban Key shall deliver the products to the place of delivery designated by the Customer and agreed to by Urban Key ("Place of Delivery").

6.2 All products with a total purchase price of $500 or more will be delivered and installed, with delivery charge waived, to addresses within a 10kilometre radius from the Brisbane CBD. Deliveries to any Brisbane suburbs outside of the 10km radius will incur a 3% delivery surcharge. Items totalling less than $500 will be delivered and installed to addresses in the greater Brisbane area with a 5% delivery surcharge. All the above items will be delivered fully assembled, unless advised otherwise as per the Contract.

6.3 There will be a 5% surcharge for onsite assembly. It is the responsibility of the Customer to ensure that there is adequate access for installation of their selected products. If there is not adequate access at the time of delivery, products may be either left at the address in a secure location advised by the Customer, or be taken back to the Urban Key factory for Customer pick up.

6.4 Urban Key's target delivery is for 7 days from Contract completion. Customers will be advised within 5 business days if there will be any delay which will carry delivery beyond 10 business days. For custom orders, clients will be advised on delivery dates as agreed on an individual basis.

6.5 Payment details form part of a completed Contract.

6.6 For Customers' addressed outside the greater Brisbane area, all items will be flat packed and sent within the timeframes as above. Added to the price will be a freight charge, at cost, to be advised to the Customer within 2 business days of Contract.

6.7 Any Customer may elect to pick up goods from the Urban Key factory, with photographic proof of identity. The Customer will be notified when furniture is ready for collection.

6.8 If there is a delay expected beyond 14 days for any items, or Urban Key can not fill an order for any reason, the Customer will be notified within 2 business days of receipt of Contract.

6.9 Any dates quoted by Urban Key for the delivery of the products are approximate target dates only and shall not form part of the Contract. Urban Key shall not be liable for any delay in delivery of the products, howsoever caused.

7. ACCEPTANCE OF PRODUCTS

7.1 Within two days of receipt of Customer Contract, Urban Key shall provide to the Customer at the Customer's Contract delivery address, a sample swatch of the product finish ordered by the Customer in the Contract. Unless the Customer advises Urban Key of a change of finish within two business days of receipt of the swatch, the finish shall be deemed to be accepted by the Customer and Urban Key shall execute the Contract in good faith as per these Terms and Conditions.

7.2 In cases of customer error or change of mind in choosing a finish on an item, and subsequent failure to notify Urban Key as per clause 7.1, Urban Key will not refund any payment of the purchase price. Urban Key may, wherever possible and practical to Urban Key, change features other than the finish, to mitigate the Customer's loss. All extra costs incurred by Urban Key and Customer in changing features shall be borne by the Customer. The Customer shall not be entitled to withhold any payment of the purchase price of all or any of the products whilst any claim is being investigated by Urban Key.

7.3 Unless the Customer notifies Urban Key to the contrary and such notification is confirmed in writing at the time of delivery, the products shall be deemed to have been accepted by the Customer as being in as-new condition and in accordance with the Contract. The Customer shall not be entitled to withhold any payment of the purchase price of all or any of the products whilst any claim is being investigated by Urban Key.

7.4 In cases as stated in clause 7.3 where all conditions of non-acceptance in clause 7.3 have been met, and except in cases as per clause 7.2, Urban Key products purchased by a Customer may be returned by the Customer up to fourteen (14) days from the date of the invoice for a replacement, refund or credit of the purchase price. The refund or credit will not include any shipping and handling charges forming part of the purchase price.

7.5 Returned products must be received by Urban Key in as-new condition, and any items included with a product must be returned with it. The Customer must prepay any shipping charges and insure the shipment or accept the risk of loss or damage during shipment.

8. WARRANTY

8.1 Unless specified otherwise and in addition to any rights the Customer may have under statute, Urban Key warrants to the Customer that Urban Key branded products will be free from defects in materials and workmanship affecting normal use for the lifetime of the product. The lifetime of a product will be solely determined by the specified lifetime of the product's constituting materials as recommended by their respective manufacturers ("Lifetime Warranty").

8.2 This Lifetime Warranty does not cover damage, fault, failure or malfunction due to external causes, including accident, abuse, misuse, usage and/or storage and/or installation not in accordance with product instructions, normal wear and tear, act of God, fire, flood, war, act of violence or any similar occurrence; any attempt by any person other than Urban Key staff or any person authorised by Urban Key, to adjust or repair the products and problems caused by use of parts not supplied by Urban Key.

8.3 The Lifetime Warranty does not cover any items that are in one or more of the following categories: accessories or parts added to the product after the product is delivered to the Customer by Urban Key; accessories or parts that are not installed in the Urban Key factory; all Urban Key products flat-packed; or third party products purchased at Urban Key.

8.4 During Lifetime Warranty period beginning on the invoice date, Urban Key will repair or replace Urban Key products returned to Urban Key's factory. The Customer must prepay any shipping and transportation charges, and insure the shipment or accept the risk of loss or damage during such shipment or transportation. Urban Key will deliver or ship the repaired or replacement products to the Customer freight prepaid.

8.5 While not affecting any non-excludable warranty or guarantee implied by law, Urban Key does not give any warranty that the products are fit for any particular purpose and this Lifetime Warranty is given in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, trade usage, course of dealing or otherwise including warranties or conditions of merchantability, fitness for purpose, satisfactory quality and/or compliance with description, all of which are hereby excluded to the fullest extent permitted by law.

8.6 The Customer agrees that to the extent permitted by law, in relation to third party products purchased through Urban Key, where such of the products are covered by a relevant manufacturer's warranty, then the Customer will first make a claim against the manufacturer and shall utilise that warranty for the support of such products and in any event not look to Urban Key for such warranty support in the first instance.

9. LIABILITY

9.1 Urban Key shall not be liable in contract or in tort for any loss or damage suffered and Customers rights are limited to those set out in these Terms and Conditions and under statute.

9.2 To the extent permitted by law and subject to clause 9.5, Urban Key's total liability herein in respect of each event or series of connected events shall not exceed the total price paid for the purchase of products under these Terms and Conditions.

9.3 The Customer shall indemnify Urban Key and keep Urban Key fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or wilful misconduct of the Customer, its employees, agents or sub-contractors or by any breach of its contractual obligations arising out of these Terms and Conditions.

9.4 To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance of offer, invoice or other documents or information issued by Urban Key shall be subject to correction without any liability on the part of Urban Key.

9.5 Under the Act, where implied conditions and warranties cannot be excluded, Urban Key's liability for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at Urban Key's option, to the replacement of the products or the supply of equivalent products; the repair of such products; the payment of the cost of replacing the products or of acquiring equivalent products; or the payment of the cost of having the products repaired.

10. FORCE MAJEURE

Neither party shall be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of the party so delaying, and such party shall be entitled to a reasonable extension of time for the performance of such obligations.

11. EXPORT RESTRICTIONS

Urban Key unconditionally restricts the sale, lease or otherwise transfer to any country outside Australia and its territories, any Urban Key branded product, regardless of where that product was purchased.

12. GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the laws of Queensland and shall be subject to the non-exclusive jurisdiction of the courts of Queensland .

13. ASSIGNMENT

The Customer shall not assign or otherwise transfer any Contracts or any of its rights and obligations hereunder whether in whole or in part without the prior written consent of Urban Key. Any such unauthorized assignment shall be deemed null and void.

14. SEVERABILITY

If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.

Copyright (c) Urban Key 2005