Terms and Conditions
The following are the Terms and Conditions of sale.
1. Supply on credit
a) Application for a credit account may be completed on a Aurora Living application form.
b) Terms and conditions on which a credit account may be granted and operated are subject to change without notice.
c) Aurora Living reserves the right to take the following action against any customer outside its credit terms:
i) Withhold supply and dispose of stock order hold;
ii) Institute legal action for recovery of outstanding monies and costs incurred.
iii) Terminate credit facilities: Aurora Living will not be liable to the customer for any loss or damage resulting directly or indirectly from such action.
2. Reservation of Title
a) The ownership of the goods offered by Aurora Living to the customer is only transferred to the customer when the customer has paid all sums owing to Aurora Living whether under this or any other contract and until such time Aurora Living has the right to call for or recover the goods (for which purpose Aurora Living may enter the premises through its servants or agents) and the customer is under an obligation to deliver up the goods to Aurora Living .
b) Where Aurora Living is required to recover the goods from the customer’s premises all costs incurred in this process will be borne by the customer.
3. Prices
a) Prices may be subject to change without notice and goods will be invoiced at the price ruling at the date of dispatch.
b) Any reference to retail prices are recommendations only and there is no obligation to comply with any recommended prices.
c) All prices are in AUD. GST unless otherwise stated.
4. Interest
Interest will be charged against all overdue accounts. Such interest to be charged and debited to the customer’s account for the overdue balance will be at variable rate.
5. Clerical Errors
Clerical errors are subject to correction without notification.
6. Variation
These trading terms are subject to change without notice.
7. Acceptance
Where payment has not been taken in advance, all orders are subject to acceptance by Aurora Living .
8. Force Majeure
If in the performance or observance of its obligations the Seller is prevented, restricted or affected by reason of a force majeure including strike, lock out, industrial dispute, new material shortage, breakdown of plant, transport or equipment or any other cause beyond the reasonable control of the Seller, the Seller may, in its absolute discretion give prompt notice of such cause to the Buyer whereupon the Seller is excused from such performance or observance to the extent of such prevention, restriction or affectation.
9. Default of Buyer
a) If these terms and conditions are not strictly observed by the Buyer, the Seller may in its absolute discretion, refuse to supply to the Buyer and the Seller shall not be liable to the buyer for any loss or damage the buyer may sustain as a result of such refusal.
b) The costs of collection of any monies due and payable by the Buyer, including the fees of any Mercantile Agent or Solicitor engaged by the Seller shall be payable by the Buyer.
10. Buyer’s Cancellation
Unless otherwise agreed in writing, the Buyer shall have no right to cancel an order which has been accepted by the Seller. If a right of cancellation is expressly reserved to the Buyer, such right of cancellation must be exercised by notice in writing from the Buyer to the Seller not less than seven (7) days prior to the estimated date of shipment by the manufacturer or the seller as the case may be. Unless otherwise agreed between the Buyer.