Lunova Terms and Conditions

1. Application of Terms

1.1. Our acceptance of an order for goods and services will take place when we email you an order confirmation, at which point a contract will come into existence between you, the buyer (the "Buyer"), and us, Lunova (the "Company") (the "Contract"). Each Contract shall be made on these Terms and Conditions of Sale ("Conditions") to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification, or other document).

1.2. No terms or conditions endorsed on, delivered with, or contained in the Buyer's purchase order, confirmation of order, specification, or other document shall form part of the Contract simply as a result of such document being referred to in the Contract.

1.3. These Conditions apply to all the Company's sales of goods ("Goods") specified in the order confirmation. Any variation to these Conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by a director of the Company.

1.4. The Buyer acknowledges that it has not relied on any statement, promise, or representation made or given by or on behalf of the Company which is not set out in the Contract. Nothing in this clause shall exclude or limit the Company’s liability for fraudulent misrepresentation.

1.5. Each order or acceptance of a quotation for Goods by the Buyer from the Company shall be deemed to be an offer by the Buyer to buy Goods subject to these conditions.

1.6. No order placed by the Buyer shall be deemed to be accepted by the Company until an order confirmation is issued by the Company or (if earlier) the Company delivers the Goods to the Buyer.

1.7. The Buyer shall ensure that the terms of its order and any applicable specification are complete and accurate.

1.8. Any quotation is given on the basis that no Contract shall come into existence until the Company dispatches an order confirmation to the Buyer or (if earlier) the Company delivers the Goods to the Buyer. Any quotation is valid for a period of 30 days only from its date unless otherwise stated and provided that the Company has not previously withdrawn it.

2. Description

2.1. All samples, drawings, descriptive matter, specifications, and advertising issued by the Company and any descriptions or illustrations contained in the Company’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract and this is not a sale by sample. Colour finishes will be maintained as accurately as reasonably possible.

2.2. The quantity and description of the Goods shall be as set out in the Company's quotation or order confirmation unless otherwise informed by the Buyer (who shall be responsible for verifying quantities and descriptions quoted against drawings and final specifications) by way of written specification prior to, or at the time of order.

3.Delivery / Storage

3.1. During the order process, the Company will let the Buyer know when it will deliver the Goods.

3.2. Any dates or times quoted for delivery are estimates only and shall not be made of the essence by notice.

3.3. The cost of delivery and date of delivery shall be set out in the Sales Order issued by the Company to the Buyer.

3.4. If for any reason the Buyer fails to accept delivery of any of the Goods when they are ready for delivery or by the agreed delivery date, or the Company is unable to deliver the Goods on time because the Buyer has not provided appropriate instructions, documents, licenses, or authorisations:

(a) Risk in the Goods shall pass to the Buyer;
(b) The Goods shall be deemed to have been delivered, and a Sales Invoice will be issued; and
(c) The Company will store the Goods until delivery, and the Buyer shall be liable for all related costs and expenses (including, without limitation, storage and insurance).

4.Risk / Title

4.1. The Goods are at the risk of the Buyer from the time of delivery.

4.2. Title shall not pass to the Buyer until the Company has received full payment (in cash or cleared funds) for the Goods and all other sums due.

4.3. The Buyer grants the Company, its agents, and employees an irrevocable license at any time before title passes to enter any premises where the Goods are stored to recover them.

5.Payment

5.1. Terms of payment will be 50% deposit & balance prior to shipping unless credit terms or other agreements have been agreed by the Company in writing.

5.2. If credit terms are agreed, the Buyer shall pay each invoice within 30 days from the date of receipt. Time for payment is of the essence.

5.3. Interest will be charged on late payments at a rate of 5% above the Reserve Bank of Australia base lending rate, accruing daily until payment is made.

6.Cancellations and Returns

6.1. The written consent of the Company must be obtained before cancellation of any order is accepted. The Company reserves the right to charge for costs incurred in accepting the cancellation.

6.2. Goods may not be returned without the Company’s written consent. Where permission for the return of Goods is given, a 40% restocking fee plus a handling charge plus any carriage charge involved will be made. Goods should be returned carriage paid to the Company’s warehouse in good resalable condition with original packaging. Special orders and custom-made items cannot be returned.

6.3 Cancellation of the order during production will forfeit all deposits paid.

7.Limitation of Liability

7.1. Subject to clause 6, the Company’s total liability in contract, tort (including negligence), misrepresentation, or otherwise, arising in connection with the performance of the Contract, shall be limited to the price paid for the Goods.

7.2. The Company shall not be liable to the Buyer for any indirect or consequential loss, including loss of profit or business.

8.Force Majeure

8.1. The Company reserves the right to defer delivery or cancel the Contract if it is prevented from fulfilling it due to circumstances beyond its reasonable control, including but not limited to natural disasters, government actions, or supply chain disruptions.

9.Data Protection

9.1. The Company will only use personal data in accordance with its Privacy Policy, available on the Company’s website.

10.General

10.1. This Contract constitutes the entire agreement between the parties.

10.2. This Contract shall be governed by and construed in accordance with Australian law, and the parties submit to the exclusive jurisdiction of the Australian courts.

Terms & Conditions as at July 2024

Lunova Pty Ltd

ABN: 63 675 664 454

U3, 25 Veronica Street

Capalaba Q4157