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If you can’t find what you’re looking for on our website we can work together to create what you have in mind.
Shipping within Australia is set by state for NSW, ACT, QLD, VIC and WA.
For shipping to WA, NT and Tasmania please enquire here.
Products purchased on our website are not eligible for return unless faulty or damaged. If you receive a faulty or damaged item please take photographs and email us at info@tsconcepts.com and we will be in touch promptly.
Delivery delays may occur during high volume and peak periods.
The Services that TULLY Seating Concepts provide to you, and any specific terms, may include some or all of the following:
• Product consultation
• Spatial Planning
• Value Management
• Procurement
• Other (custom)
These are the Terms and Conditions on which TULLY Seating Concepts ABN: 80721030530 will carry out work for you. They will apply each time that you ask us to do work for you, or carry out a service. They set out our Services and what you can expect from us. Please read them carefully. It is a condition of your use of our Services that you comply with these Terms and Conditions.
These Terms and Conditions are subject to change without notice and may be superseded. TULLY Seating Concepts may modify these Terms and Conditions by general notice on a page of our website, by email or by any other method of communication.
• signing and returning a Proposal or Pricing Structure to us; or
• providing an authorised Purchase Order; or
• in the case of smaller engagements by written verification.
If TULLY Seating Concepts provide you with a Pricing Structure for the Service, then that Pricing Structure:
• is based on the Specifications, and is subject to change if the parties agree to amend the Specifications;
• will stipulate whether it includes GST;
• and is valid for a period of 30 days from the date TULLY Seating Concepts issue the Pricing Structure, unless otherwise agreed by TULLY Seating Concepts.
The Services that TULLY Seating Concepts provide to you, and any specific terms, may include some or all of the following:
• Product consultation
• Spatial Planning
• Value Management
• Procurement
• Other (custom)
All Services will be carried out between 8:30 am and 5:30 pm (local office time), Monday to Friday excluding public holidays and the Christmas / New Year closure periods – unless otherwise arranged and agreed upon as part of the engagement.
You are required to supply to us all required materials you want us to use in the Service, and all other content and materials TULLY Seating Concepts reasonably request in a timely manner. All information provided will be treated in accordance with our strict Privacy Policy.
If during the course of our engagement there are changes in the Specifications of the Service, the changes will be treated as a Variation.
Where a Variation occurs TULLY Seating Concepts reserves the right to halt work and review the Service costings. TULLY Seating Concepts will discuss the Variation with you and where required will issue a Variation Notice which is to include the modifications to the Specifications and any associated costs. TULLY Seating Concepts will not proceed with the Services until TULLY Seating Concepts receive your written approval to proceed.
Your approval and implementation may be required for a number of items.
TULLY Seating Concepts will not proceed to the next Stage of the Service until TULLY Seating Concepts receive your approval to proceed.
There may be Additional Costs in having to reschedule services, staff or facilitate continuance due to unplanned delays in obtaining approval. If unable to perform continuance, the Client may have to pay a shutdown and subsequent restart fee commensurate to the labour and resource costs incurred.
If TULLY Seating Concepts consider it to be necessary, TULLY Seating Concepts will develop a production schedule for the Services. TULLY Seating Concepts will use reasonable commercial endeavours to carry out the Services in accordance with that schedule.
If you delay in providing the approval, implementation or feedback TULLY Seating Concepts require, then this may result in:
• a change in the delivery deadline set out in the production schedule; or
• if the delivery deadline cannot be changed, a Variation Notice will be issued, including necessary overtime costs.
Disbursement charges are not included in the Fees. If TULLY Seating Concepts incur any disbursements or expenses during the course of the Service, TULLY Seating Concepts will charge these to you as Additional Costs.
Nothing in this Agreement excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition implied or imposed by legislation which cannot be lawfully excluded or limited. Such legislation includes the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances, each a non-excludable provision.
Subject to TULLY Seating Concepts’ obligations under the non-excludable provisions, and to the fullest extent permissible by law, TULLY Seating Concepts’ expressly disclaims all warranties and representations of any kind with respect to the Services whether express, implied, statutory, or arising out of the course of performance, course of dealing or usage of trade including any warranties or merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title or non-infringement.
To the fullest extent permissible by law, TULLY Seating Concepts is not liable (whether in contract or tort) for:
• faults or defects in any services or goods provided by third parties in connection with this agreement; or
• any indirect, special or consequential loss (including loss or corruption of data, loss of profits, revenue, goodwill, anticipated savings and business interruption) however arising, whether or not TULLY Seating Concepts knew of the possibility of such loss and whether or not such loss was foreseeable.
To the fullest extent permissible by law, in no event will TULLY Seating Concepts’ liability in contract, tort (including negligence and breach of statutory duty) or otherwise arising out of, or in connection with, this agreement exceed the amounts actually paid by the Client to TULLY Seating Concepts for the Service;
TULLY Seating Concepts makes no warranties regarding the likelihood of success of the end project to increase business growth undertaken pursuant to the agreement.
Without limiting the above, TULLY Seating Concepts will use its reasonable endeavours to optimise the likelihood of the performance of your project or service undertaken, however, TULLY Seating Concepts gives no warranties and makes no guarantees in this respect.
You acknowledge that:
To the fullest extent permitted by law, the liability of TULLY Seating Concepts for a breach of a non-excludable condition is limited to: in the case of the provision of services:
• the supplying of the services again; or
• payment of the cost of having the services supplied again.
in relation to goods:
• the replacement of the goods or the supply of equivalent goods;
• the payment of the cost of replacing the goods or acquiring equivalent goods; or
• the repair of the goods or the payment of the cost of having the goods repaired.
TULLY Seating Concepts’ total aggregate liability for all claims relating to the agreement is limited to the price for the Services payable under this agreement.
Either party’s liability for any claim relating to the agreement will be reduced to the extent to which the other party contributed to the damage arising from the claim.
You indemnify, defend and hold harmless TULLY Seating Concepts in respect of all actions, claims, proceedings, demands, liabilities, losses, damages, expenses and costs (including legal fees on a full indemnity basis), in connection with any of the following:
• any breach of this agreement;
• your negligent acts or omissions; or
• your use of the Services, including any third party claims made in connection with or arising out of the Client’s use of the Service, other than use in accordance with this agreement.
• breach of third party Intellectual Property.
You indemnify, and agree to keep TULLY Seating Concepts, its directors, officers and employees indemnified, against all Loss arising from actions taken performing Services.
Each party agrees to keep confidential, and not to use or disclose except as permitted by these terms and conditions, any Confidential Information of the other party. The parties agree not to disclose these terms and conditions (including any schedules), or any details of a Purchase Order or Pricing Structure. This obligation of confidence extends to Confidential Information obtained by a party before entering into this agreement. Each Party shall refrain from making negative comments about the other Party, whether online or in person.
The obligation of confidence as set out above does not apply to Confidential Information to the extent that is required to be disclosed by law or the rules of any stock exchange on which the recipient’s securities:
• are listed, provided that the recipient discloses the minimum amount of Confidential Information required to satisfy the Law or rules.
• The Party required to disclose the other Party’s Confidential Information as set out above must:
• provide a reasonable amount of notice to the other Party of the proposed disclosure;
• consult with the other Party as to the form of the disclosure; and
• take all reasonable steps to maintain such Confidential Information in confidence.
Each party must take all steps and do all such things as may be necessary, prudent or desirable in order to safeguard the confidentiality of the Confidential Information of the other party.
Payment for Products or Services must be made by credit card or automatic direct debit from your nominated bank account.
Upon execution by both parties this agreement will take effect: immediately and remain in effect until the purpose of the Service has been achieved.
The term will automatically renew for subsequent periods of the same duration, unless either party gives the other
party written notice terminating the agreement 30 days prior to the expiration of the term or both parties agree in writing to vary the Services provided.
A party may terminate this agreement by notice in writing to the other party if:
• the other party commits a material breach of this agreement that is capable of remedy (including failure to pay any amount due under this agreement) and fails to remedy that breach within [14] days after receiving notice from the other Party to do so;
• the other party commits a material breach of this agreement that is not capable of remedy; or
• the other Party becomes Insolvent.
If you have any queries or complaints about our policies please contact:
Customer Care Team
info@tsconcepts.com.au
If you can’t find what you’re looking for on our website we can work together to create what you have in mind.
