Placement of an order to Turn Key Furniture Solutions is an acceptance of the terms below.
FULL TERMS AND CONDITIONS OF TRADE & WARRANTY
- DEFINITIONS
In these Terms, unless the context otherwise requires:
1.1 “Turn Key” means Turn Key Furniture Solutions Ltd and its related entities, agents, contractors or assigns.
1.2 “Customer” means the purchaser of Goods or Services from Turn Key.
1.3 “Goods” means all furniture, products, components, parts, upholstery, joinery, materials or items supplied by Turn Key.
1.4 “Services” means any design, project coordination, logistics, delivery, installation guidance, support or advisory service supplied by Turn Key.
1.5 “Custom Goods” means Goods manufactured to Customer drawings, designs, finishes, specifications or material selections.
1.6 “Contract” means these Terms together with any quotation, purchase order, invoice, specifications, drawings, schedules or written agreements between Turn Key and the Customer.
- SCOPE OF APPLICATION
2.1 These Terms apply to all quotations, offers, orders, invoices and deliveries supplied by Turn Key, unless expressly varied in writing by an authorised Turn Key representative.
2.2 No Customer terms or conditions shall apply unless expressly agreed in writing by Turn Key.
2.3 The Customer acknowledges that payment of any deposit or invoice, or the issuance of a purchase order, constitutes full acceptance of these Terms & Conditions. Any Customer terms (including those printed on purchase orders) are expressly rejected and do not form part of the Contract unless agreed in writing and signed by Turn Key Furniture Solutions Ltd.
2.4 The Customer acknowledges that Turn Key supplies commercial furniture and does not supply consumer products.
2.5 The Customer warrants that any employee, agent, consultant, site manager, project manager or representative providing instructions is fully authorised to bind the Customer.
- QUOTATIONS & PRICING
3.1 All quotations are valid for 30 days, unless expressly stated otherwise.
3.2 Prices may change without notice where:
(a) specifications or quantities change;
(b) materials, fabrics, finishes or components are varied;
(c) freight, logistics or currency fluctuate;
(d) supplier pricing changes prior to order acceptance;
(e) modified drawings or customer variations are requested.
3.3 All prices exclude GST, freight, installation, packaging, storage, insurance and handling charges unless otherwise stated.
3.4 Turn Key may correct clerical, typographical or computational errors at any time.
3.5 The Customer is responsible for the accuracy of all measurements, drawings, specifications, quantities and information supplied. Any rework or replacement arising from Customer error is at the Customer’s cost.
- ORDERS & ACCEPTANCE
4.1 An order is deemed accepted when Turn Key confirms it in writing or commences manufacture or procurement.
4.2 Orders placed verbally or electronically by the Customer shall be binding.
4.3 Turn Key reserves the right to refuse any order or cancel any unfulfilled order at any time due to supply limitations, inability to source materials, or reasons beyond Turn Key’s control.
4.4 The Customer must notify Turn Key in writing of any change in ownership, trading structure, directors, or contact details. Turn Key may suspend supply or vary credit terms if such change increases credit risk.
- CUSTOMER DESIGNS, DRAWINGS & SPECIFICATIONS
5.1 Where Goods are manufactured to Customer-supplied drawings, designs, finishes or specifications, the Customer bears full responsibility for:
(a) structural suitability;
(b) functionality and ergonomics;
(c) material and finish selection;
(d) dimensional accuracy;
(e) application requirements and compliance.
5.2 Upon Customer approval of shop drawings, finishes, upholstery, materials or design intent documentation, Turn Key shall not be liable for:
(a) any performance issues inherent in the design;
(b) aesthetic variances resulting from approved specifications;
(c) functional outcome dictated by the Customer’s design intent.
5.3 Turn Key’s liability is strictly limited to manufacturing workmanship defects only, such as welding failure, seam instability, incorrect assembly or structural production errors.
5.4 Customer-specified materials (COM fabrics, special finishes, HPL brands, hardware) are warranted solely by the manufacturer of those materials.
5.5 Turn Key reserves the right to amend or refine the final product design where required for manufacturing feasibility, structural integrity, material optimisation, compliance, or to achieve the intended aesthetic and operational performance. Minor or non-critical dimensional adjustments may be made without notice. Any material or critical dimensional changes affecting the intended use, fit, or functional operation will be notified to the Customer for approval.
- PAYMENT TERMS
6.1 A 50% deposit is required before commencement of production.
6.2 The balance of payment is due prior to dispatch unless previously agreed in writing.
6.3 Payment must be made in full and without deduction, set-off or delay.
6.4 Turn Key may withhold delivery if payment terms are not met.
6.5 Payment of any deposit or invoice constitutes acceptance of these Terms & Conditions.
6.6 Interest is charged on overdue accounts at 3% per month from the due date.
6.7 The Customer agrees to pay all debt recovery and legal costs incurred by Turn Key in recovering unpaid amounts.
6.8 If any payment is reversed, dishonoured or disputed, the Customer remains liable for the full invoice amount together with bank fees, merchant fees and recovery costs.
- WARRANTY VOID FOR NON-PAYMENT
7.1 No warranty shall apply where any Turn Key invoice remains unpaid or overdue.
7.2 Warranty claims will not be processed until all outstanding balances are settled in full.
7.3 Warranty is reinstated only when payments are brought up to date.
- RETENTION OF TITLE
8.1 Title to Goods shall not pass to the Customer until Turn Key has received payment in full for:
(a) the Goods; and
(b) all other money owed by the Customer to Turn Key.
8.2 Until ownership passes, the Customer must:
(a) store Goods separately and clearly identifiable as Turn Key property;
(b) not sell, pledge, assign or encumber the Goods except in the ordinary course of business;
(c) hold proceeds of sale on trust for Turn Key.
8.3 Turn Key may register and enforce a security interest over Goods and proceeds under the PPSA.
8.4 If payment is overdue, Turn Key may enter premises without notice to reclaim Goods.
- DELIVERY, ACCESS & SITE CONDITIONS
9.1 Delivery is to the nearest kerbside or loading dock unless otherwise agreed.
9.2 Turn Key does not palletise most products; unloading is by hand or trolley only.
9.3 Turn Key does not include, unless specified:
(a) unpacking;
(b) placement inside premises;
(c) assembly;
(d) rubbish removal;
(e) installation.
9.4 Access must accommodate medium rigid trucks with minimum 3600mm clearance.
9.5 Delays caused by inadequate access, site readiness, labour or Customer instructions will be charged to the Customer.
- DELAYED DELIVERY, STORAGE & FINAL INVOICE
10.1 If the Customer cannot accept delivery within 7 days of readiness notification, Turn Key may charge storage fees.
10.2 Turn Key may issue the final invoice at commencement of storage, payable immediately.
10.3 Storage fees must be paid before delivery is released.
- RISK OF LOSS & TRANSIT DAMAGE
11.1 Risk transfers to the Customer upon delivery to the Customer’s site or collection by the Customer’s carrier.
11.2 Visible damage must be noted on delivery documentation.
11.3 Concealed damage must be reported within 48 hours with photographic evidence.
11.4 Turn Key is not liable for transit damage where the Customer arranges its own freight provider.
11.5 Turn Key may, at its discretion, negotiate limited contributions for concealed damage only.
- RETURNS
12.1 Returns of standard stocked items may be accepted at Turn Key’s discretion.
12.2 Goods must be unused and returned in original condition.
12.3 The Customer is responsible for all return freight costs.
12.4 A restocking fee of up to 30% may apply.
12.5 Custom-made Goods are not returnable under any circumstances.
- CANCELLATION OF ORDERS
13.1 Cancellations must be requested in writing.
13.2 Turn Key may charge all costs incurred plus a cancellation fee up to 60% of order value.
13.3 Custom Goods cannot be cancelled once production has commenced.
13.4 Failure to pay final invoice may result in Turn Key retrieving the Goods; deposits are forfeited.
13.5 Turn Key may cancel an order where supply becomes impracticable due to manufacturing issues, material shortages, supplier failure, freight disruption, or other external events. Turn Key’s liability is limited to refunding amounts paid for undelivered Goods.
- PRODUCT CHARACTERISTICS & CUSTOMER RESPONSIBILITIES
14.1 Variations in timber grain, stain colour, fabric tone, laminate print, stone, metal finish and natural materials are not defects.
14.2 Upholstery movement, foam settling, pilling and softening are normal.
14.3 Weights provided are approximate; Customer must assess manual-handling suitability.
14.4 Floor covering damage caused by castors, feet or glides is not covered by warranty.
- WARRANTY
15.1 Warranty Period
Turn Key warrants Goods to be free from manufacturing defects in materials and workmanship for one (1) year, unless otherwise stated on the invoice.
15.2 Warranty Claims
The Customer must:
(a) submit claims in writing within the warranty period;
(b) report defects within 14 days of discovery;
(c) provide invoice number and date of purchase;
(d) return Goods to Turn Key at the Customer’s cost (“back-to-base”).
15.3 Exclusions and Limitations
The warranty does not cover:
(a) Normal wear & tear
(b) Misuse, abuse, vandalism, improper use or stacking
(c) Failure to maintain or clean correctly
(d) Excessive exposure to sun, rain, moisture, heat or weather
(e) Unauthorised modifications or repairs
(f) Issues arising from customer-approved designs or materials
(g) Damage to floor coverings from glides, stoppers or castors
(h) Failure to use Turn Key carts for banquet chairs, stacking chairs & folding tables
(i) Fabric wear beyond manufacturer warranty (standard 1-year warranty applies)
(j) Customer-provided materials (COM)
(k) Any warranty claim while an invoice remains unpaid or overdue
15.4 Remedies
Turn Key may, at its sole discretion:
(a) repair the Goods;
(b) replace the Goods;
(c) supply replacement components;
(d) issue a pro-rated credit.
15.5 Limitation of Liability
Turn Key shall not be liable for:
(a) consequential or indirect loss;
(b) procurement of substitute goods;
(c) loss of revenue, profit, downtime or business interruption;
(d) removal, reinstallation or access equipment costs.
Turn Key’s liability is capped at the original purchase price of the Goods.
(e) Turn Key shall not be liable for any injury, loss or damage suffered by the Customer, its employees, contractors, guests or any third party arising from the use, misuse, placement, handling, installation, modification, maintenance or operation of the Goods. The Customer is solely responsible for assessing suitability, ensuring safe use, and maintaining the Goods in their intended commercial environment. The Customer indemnifies Turn Key from any third-party claim made against the Customer arising from or connected to the Customer’s use or operation of the Goods.
- COMMERCIAL USE ONLY
Goods are supplied for commercial use, not domestic use. The Customer must determine suitability for their individual operational environment.
- INTELLECTUAL PROPERTY
All designs, drawings, renders, models, specifications, documents and concepts remain the property of Turn Key and may not be copied or reproduced without written consent.
- DEFAULT
If the Customer fails to pay any amount when due:
(a) Turn Key may suspend production or delivery;
(b) all outstanding amounts become immediately payable;
(c) Turn Key may retrieve Goods not yet paid for;
(d) the Customer must pay all enforcement and recovery costs.
18A. CUSTOMER INDEMNITY
The Customer indemnifies Turn Key against all losses, claims, liabilities and costs arising from Customer breach, incorrect information, misuse of Goods, third‑party claims, or debt recovery actions.
- FORCE MAJEURE
Turn Key is not liable for inability to supply due to events beyond its control including but not limited to: strikes, lockouts, fire, flood, shipping delays, supplier failure, pandemics, war, civil unrest, or government restrictions.
- GOVERNING LAW & ENTIRE AGREEMENT
20.1 These Terms are governed by the laws of the jurisdiction in which the Goods are supplied.
20.2 These Terms constitute the entire agreement between the parties and supersede all prior representations.
20.3 Variations must be made in writing and signed by an authorised Turn Key representative.
20A. PRIVACY
Turn Key may collect, store and use Customer information for order fulfilment, warranty, logistics, credit assessment and communication, in accordance with applicable privacy laws.