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  • King Terms and Conditions of Sale - Commercial Clients (B2B)
 

King Terms and Conditions of Sale - Commercial Clients (B2B)

v. 20231128

 

1 INTRODUCTION

1.1 King Living operates a Business to Business (B2B) division which caters to the needs of larger clients who purchase furniture in bulk to fit out their premises (Commercial Clients). If you are a Commercial Client, then your purchase of Products or services described in our Quotation or Sales Order are subject to these terms and conditions of sale (Terms):

  1. which are provided to you in conjunction with that Quotation or Sales Order; and
  2. which apply to the exclusion of King Living’s other terms and conditions of

1.2 These Terms apply to all Products which you purchase directly from King Living (Products) and which are included in the Quotation or Sales Order.

1.3 King Living, we, us (and similar expressions) refers to King Furniture Australia Pty Limited (ABN 79 002 757 333).

1.4 Commercial Clients, you, your (and similar expressions) refers the individual person or corporate entity who has been offered a Quotation or Sales Order for the supply of Products or services by King Living.

1.5 To the extent permitted by law, these Terms also exclude any terms which are implied by law, trade custom, practice or course of dealing.

1.6 In performing your obligations under these Terms, you agree you shall comply with all applicable laws, statutes, regulations and codes from time to time in

1.7 The Products are intended for use only in King Living does not warrant that the Products will comply with the laws, regulations or standards outside Australia. In the event that you export any Products outside of Australia you are solely responsible for compliance with laws, regulations or standards and you agree to indemnify King Living from all loss, liability, including any special, indirect or consequential loss or damage of any nature whatsoever caused to King Living arising in connection with such export.

 

2 QUOTATION

2.1 A quote will be provided by King Living or a related body corporate (as defined in the Corporations Act 2001 (Cth) before, at the same time as or after the date of this document including as part of or attached to this document (Quote or Quotation).

2.2 A Quote will include (non-exhaustive):

  1. a quotation number;
  2. a delivery address (for you to confirm);
  3. the Products;
  4. a price; and
  5. payment

2.3 Unless otherwise stated in writing, the price will be for supply of the Products in Australia and in Australian Dollars (AUD) based on Ex Works King Living’s warehouse in the applicable Australian capital city.

2.4 The Quotation excludes delivery, installation, insurance in transit, packaging, crating, handling charges, agents’ charges and any other charges, which are payable in addition to the quotation price, unless otherwise stated in the

2.5 Any alteration to the specifications of an item in a Quotation is subject to a price

2.6 If you elect to have the Products delivered and installed by us, the delivery and installation costs will be quoted separately prior to delivery.

2.7 King Living reserves the right to accept or reject in its absolute discretion any order for Products, or part of an order, (each an Order) which it may receive from you.

2.8 If you issue a document or email King Living offering to purchase the Products set out in a Quotation or Sales Order (Purchase Order) King Living will then consider whether to accept your offer.

2.9 If King Living accepts the Purchase Order, King Living will issue an Order Confirmation (as later defined).

2.10 If we discover an error in the Price or payment of any Products which you have ordered, we will inform you as soon as possible and give you the option of reconfirming your Order at the correct price or cancelling it. If we are unable to contact you, we will treat the Order as If the Order is cancelled because we have discovered an error in the Price and you have:

  1. paid a deposit for the Products; or
  2. paid the Price for the Products,

we will provide you with a full refund of the amount of the price that you have paid.

 

3 TAXATION

3.1 Unless otherwise stated, all recommended commercial prices quoted exclude Goods and Services Tax (GST), which is listed separately on the tax You are responsible for payment of all taxes (including GST), duties, excises, levies, and charges associated with supplying the Products.

 

4 PAYMENT

4.1 Full and cleared payment for Products must be made by the Commercial Client at the time and in the manner specified in the Quotation or the Invoice.

4.2 Production for “made to order” Products will commence after the Order Confirmation has been issued.

4.3 When placing an Order and making full payment or paying a deposit, you acknowledge and agree that you have satisfied yourself that the Products meet your requirements and are suitable and sufficient for your intended purpose in all

4.4 Full and cleared payment of the final balance owing for “made to order” Products must be received by King Living at least one week before the estimated delivery date of the Products unless otherwise agreed in writing.

4.5 If you elect to have the Products delivered and installed by us, the delivery and installation costs must be paid in full prior to delivery.

4.6 You are also responsible for any costs incurred in making payment for the Products e.g. bank transfer fees and related charges.

4.7 King Living may charge interest on any overdue money at the rate which is equivalent to the Reserve Bank of Australia Cash Rate on a month-to-month basis or the maximum amount permitted under applicable laws, calculated from the due date for payment of the outstanding amount until the date of payment by the Customer. Any payment made by the Customer will be credited first against any interest that has accrued.

 

5 CONTRACT FORMATION

5.1 No contract comes into existence until King Living accepts a Purchase Order by issuing an Order Confirmation. Order Confirmation means formal acknowledgement of the Customer's Purchase Order issued by King Living to the you (which acknowledgement may be via email) or, if King Living does not issue a formal acknowledgement, the first Invoice issued by King Living for the Products described in the Quotation.

5.2 Any payment tendered by you with or following the issuance of a Purchase Order or the acceptance of the payment by King Living will not result in the formation of a contract. A contract is deemed to come into existence at the time and place where the Order Confirmation is issued by King Living.

5.3 The contract between you and King living for the sale of the Products (Contract) will comprise:

  1. this document;
  2. the Order Confirmation; and
  3. the Quotation or Sales Order,

in order of precedence. All prior representations made by either party, other documentation issued by King Living and any purchase order or other document issued by you, (including any terms and conditions on such documents), are excluded from this Contract and are of no effect.

5.4 You confirm that you have read and accepted the terms of this document, the Order Confirmation and the Quotation.

5.5 Once King Living has issued an Order Confirmation, a Purchase Order may not be varied or cancelled by you except with the express consent of King The granting of consent will be entirely at the discretion of King Living and may be subject to the payment by you to King Living of a sum equivalent to loss of profit, cost and expenses of King Living caused by the variation or cancellation (such sum being reasonably determined by King Living).

 

6 RISK AND TITLE

6.1 All risk in the Products passes to you on Delivery of the Products (except if King Living is storing a product on your behalf and you have been notified in writing that you must obtain insurance).

6.2 If you collect the Products from King Living’s warehouse in Auckland for supplies in New Zealand and in the relevant Australian state for supplies in Australia then Delivery occurs just prior to when the Product is loaded onto your (or your delivery contractor’s) delivery vehicle; or

6.3 If an address is specified by you in writing and we agree to deliver the Product to that address (Delivery Address), then Delivery occurs when the Product is unloaded at the Delivery Address.

6.4 Title in the Products passes to you only after King Living has received full payment for the Products and all other charges payable by you pursuant to these Terms. King Living retains title to the Products until full payment has been received, regardless of whether you have received possession of the Products.

 

7 STORAGE, AWAITING DELIVERY OR COLLECTION

7.1 You can defer delivery and we will store your Order at no extra cost for up to two weeks beyond the previously advised Delivery Date (Free Storage) provided that:

  1. your Order is ready for Delivery; and
  2. you must request the Free Storage option by notifying us at least 48 hours before the Delivery Date.

Your Order will be stored by us until the next Delivery Date (which must be within two weeks). This deferral and Free Storage option is available once only, with respect to an Order.

7.2 As an alternative to the Free Storage option offered in clause 1, you can request deferred delivery and pay for up to four weeks of additional storage in our warehouse (Extended Storage). You must request the Extended Storage option by notifying us at least 48 hours before the Delivery Date. A quotation will be provided to you (based upon total volume of storage space occupied by your Order) so that you can decide whether to accept the Extended Storage option.

7.3 If you accept the Extended Storage quote, your Order will be stored by us at your cost, until the next Delivery Date (which must be within four weeks). This deferral and paid Extended Storage option is available once only, with respect to an

7.4 After either one of the alternative storage options in clauses 1 or 7.2 is exhausted, delivery must be accepted by you. Delivery may be either Express Delivery or Deluxe Delivery. Express Delivery means that the Products will be delivered and not assembled. Deluxe Delivery means that the Products will be delivered, assembled and installed by our representatives at the delivery address at the time delivery is made.

7.5 Deluxe Delivery is only available in selected metropolitan areas or otherwise by special arrangement. When you advise of your delivery location, we can confirm whether Deluxe Delivery is available at that location.

7.6 You may also elect Express Delivery with the option of deferred Contact King Living despatch team on 1300 005 464 to arrange a time for the Products to be assembled.

 

8 DELIVERY

8.1 If you arrange for King Living to deliver the Products to you the following applies:

  1. Any time quoted for Delivery is an estimate only. The estimated delivery date is set out in the Quotation (Delivery Date), however, you must not defer the estimated Delivery Date without King Living’s prior written
  2. We reserve the right to make part deliveries of any Order. Each part delivered shall constitute a separate sale of Products and will be invoiced accordingly. A part delivery of an Order will not invalidate the balance of an Order or these Terms.
  3. Delivery charges will depend on where your Product is being delivered and the volume of the You are liable for payment of all delivery charges, including any additional charges incurred as a result of difficulties with access.
  4. Products for Delivery in Australia are quoted Ex Works.
  5. Deliveries outside of Australia and New Zealand are quoted FOB Shanghai, FOB Port of Auckland or FOB the applicable Australian capital city depending on the product mix. You are responsible for collecting the Products from the specified port, and for transporting the Products to the final destination.
  6. You are responsible for ensuring that the correct delivery address details are provided to us.
  7. You are responsible for ensuring there is adequate access and entry to the premises at the delivery address to allow the delivery of the Products. You may be required to check and formally confirm access details prior to delivery. It is your responsibility to ensure that all access points, including doorways, stairwells, and goods lifts are able to accommodate the size of the Products. You must notify us in advance if there will be difficulties accessing the delivery address (e.g. staircases and narrow passages). Delivery that involves multi-level staircases will be charged at an hourly rate per person required. Any additional costs in relation to access into the premises at the delivery address are your responsibility.
  8. We do not arrange any special deliveries involving cranes or access via a balcony or council or other permits that might be required to complete delivery. You are responsible for arranging, organising and paying for these permits and services.
  9. Products will only be delivered if a person aged over 18 years and who is able to accept delivery at the delivery address is present at the time of delivery. If delivery cannot be made because:
    1. an appropriate person is not available to accept delivery on the pre- arranged delivery date and time;
    2. there is no space available to lay out the Products at the delivery address; or
    3. it is otherwise not reasonably possible for the Products to be delivered into the premises, the Products will be returned to our warehouse and you will be charged for transport and re--delivery costs.

8.2 If you do not accept delivery within three weeks after the estimated delivery date, (the Delivery Period), then immediately on expiry of the Delivery Period:

  1. If you have paid the full purchase price, King Living will require that you arrange for the Products to be delivered to a storage facility nominated by you (or if you fail to make a timely nomination, a storage facility nominated by us), then you are liable for all delivery and storage charges; or
  2. If you have not paid the full purchase price or if you do not attend to the matters in (a), King Living may rescind the agreement for sale of the Products by notice to you and treat your failure to accept delivery on the above terms as your cancellation of the original Order. In these circumstances:
    1. you agree to forfeit the deposit paid;
    2. you will have no further claim to the Products; and
    3. King Living may (at its discretion) agree to sell the Products to you at a later date for the full purchase price without any discount for the deposit forfeited.

8.3 King Living is entitled to refuse to deliver the Products to you if the Price has not been paid to and received by us or if there are any outstanding unsatisfied claims between you and us arising from any other matter whatsoever.

8.4 Unless expressly precluded by the Quotation, King Living reserves the right to deliver the Products by Each instalment may be invoiced separately and will be deemed to be a separate contract under the same provisions as this Contract.

 

9 COLLECTION

9.1 You acknowledge that if you select the option to collect the Products, on King Living’s receipt of your full payment, you are responsible for the collection of the Products from the warehouse specified by King Living from the nominated point of collection within the timeframe stated on the You agree to present any proof of identity and purchase as reasonably requested by King Living staff in order to verify your identity and your purchase.

 

10 INSTALLATION

10.1 If you arrange for King Living to install your Product/s, installation charges apply and will vary based on the Product ordered and volume of the Order. The installation site at the delivery address must be clear and free from obstruction. You must notify us prior to the delivery date if there will be any other trades involved in the installation.

10.2 We do not install Products delivered outside of

 

11 INSPECTING THE PRODUCTS

11.1 If you have arranged to collect the Products from King Living’s warehouse, you may inspect your Products 48 hours before If you exercise this option, you will be required to note any damage and/or non-conformity on the documentation which is provided to you upon inspection. To the fullest extent permitted by law, unless we receive notification of damage or non-conformity at the time of collection, the Products and their condition are deemed to have been delivered and accepted.

11.2 If King Living is delivering the Products to the delivery address, you must inspect the Products upon delivery. The entity taking delivery at the delivery address will be required to note any damage and/or non-conformity on the delivery documentation which is presented by the carrier for signature.

11.3 In all other cases, to make a claim you must notify King Living of any damage to the Products or non-conformity in your Order promptly after receiving To make a claim:

  1. contact 1300-13-KING (5464); or
  2. visit our website and submit a customer service request https://help.kingliving.com.au/hc/en-au/requests/new; or
  3. notify (in writing) the King Living sales representative who accepted your

11.4 When you notify us of a claim, you must provide the Order number, delivery date and reasonable details of the damage or non-conformity. If the notice does not contain these details, it may delay our ability to process your claim in a timely manner or we may deny your claim.

11.5 To the fullest extent permitted by law, unless we receive notification of a claim within the time and in the manner specified above, the Products and their condition are deemed to have been delivered and accepted.

11.6 Damage and/or non-conformity of any part of the ordered Products does not entitle you to reject all of the ordered Products.

 

12 CANCELLING AN ORDER

12.1 Please choose Products carefully. We do not refund or exchange if you change your mind or make a wrong selection. We recommend that you check any proposed orders in person at the King Living showrooms before purchasing the Products.

12.2 If you cancel your Order where:

  1. the manufacture of your Products has commenced; and/or
  2. you do not accept delivery of your Products,

then you agree to pay a cancellation fee up to the entire purchase price of the Products plus all costs and losses incurred by King Living associated with handling fees, at King Living’s discretion. If this eventuates, you will have no further claim to the Products.

 

13 DELAY

13.1 King Living will not be liable for any delay in performing any of its obligations including where any delay is caused by factors beyond King Living’s reasonable

13.2 We will use reasonable endeavours to meet the estimated Delivery Date. King Living’s liability (if any) for any late delivery is limited at its option to resupplying the Products at a different time.

13.3 If at any time after receiving an Order from you, King Living, its supplier, subcontractor, manufacturer or any carrier suffers a Force Majeure Event or an Insolvency Event that prevents or delays King Living from supplying some or all of the Products set out in an Order by the estimated Delivery Date, King Living may elect to extend the time for performance of the delivery or terminate the Order if the Force Majeure Event continues for a period of 14 days or more, without any liability to you.

13.4 In this paragraph:

  1. Force Majeure Event means any act of God, fire, earthquake, flood, storm, strikes, lock-outs, bans or other industrial disturbances, civil riot, government interference, by-laws, rules and regulations or order of any competent authority that is beyond King Living’s, its suppliers, subcontractors, manufacturers or any carriers control and that could not reasonably have been expected to have known at the time King Living issued the Order Confirmation to you; and
  2. Insolvency Event means any one or more of the following events:
    1. a controller, administrator, liquidator, trustee in bankruptcy or similar person being appointed to it or to any of its assets or undertakings or any step is taken to do so;
    2. a resolution that it be wound up is passed or proposed or process is filed in a court seeking an order that it be wound up;
    3. it resolves to enter into, or enters into, any moratorium, arrangement, compromise or composition with any of its creditors, other than in the ordinary course of its business;
    4. anything having a substantially similar effect to any of the events specified in paragraphs (i) to (iii), inclusive, of this definition happens to it under the law of any jurisdiction.

 

14 PRODUCT VARIABILITY

14.1 The Products are required to conform in all material respects to the specification on your Quotation however you accept that the Products may exhibit different characteristics to the King Living showroom furniture (which are samples) for the following reasons (not an exhaustive list):

  1. Soft furniture may vary in appearance and characteristics such as creasing and the degree of softness;
  2. Colour swatches and samples are an approximate guide only as leather and fabrics vary in colour and texture;
  3. Leather will exhibit scars, marks and areas of differing density and shade, which are the hallmarks of genuine leather, which vary from product to product; and
  4. Photographs, drawings, illustrations or other descriptions or particulars of the Products issued by King Living in any form are for illustrative purposes only and do not form part of these Terms.

You must attend to your own investigations of the Products prior to purchase.

14.2 To the full extent permitted by law, we reserve the right to change dimensions, design and construction and to pattern match fabrics according to King Living’s best judgment to improve the design of the Product where these changes are limited to the internal changes to the Products (and are not noticeable to you).

 

15 THIRD PARTY MATERIALS – EXCLUSION OF LIABILITY

15.1 In some cases King Living may, in its discretion, allow you to request the utilisation of fabric and/or materials which are sourced from a third party (Third Party Materials) for use in constructing or refurbishing the Products. Third Party Materials are not manufactured or endorsed by King Living and therefore they are not covered by any King Living Warranty.

15.2 If King Living accedes to your request then our accession is subject to the essential terms contained in this clause.

15.3 If we purchase the Third Party Materials from the Third Party Materials supplier then we do so at your direction. The decision to utilise Third Party Materials is at your discretion, not ours. You accept the entire risk arising from your election to direct us to purchase and utilise Third Party Materials.

15.4 We may require pre-payment from you in advance, prior to ordering or purchasing Third Party Materials at your If we do not require pre-payment, the cost of the Third Party Materials will be a separate line item on your invoice.

15.5 You acknowledge and accept that:

  1. King Living has offered you (and you have declined) the opportunity to utilise fabric and/or materials which are supplied by us and may therefore be covered by a King Living Warranty; and
  2. Third Party Materials are not covered by any King Living

15.6 If there is some failure, defect or fault in the Third Party Materials which, according to our reasonable judgement, would support a warranty claim (or a claim under any statutory guarantee) against the supplier of the Third Party Materials then we will collaborate with you in good faith to prosecute that claim provided that:

  1. we retain the unfettered discretion to decline to prosecute or cease prosecuting a claim against the supplier of the Third Party Materials at any time;
  2. we may require you to pay us in advance the reasonable costs anticipated or incurred by us for prosecuting a claim; and
  3. you must reasonably and timely cooperate with us in all respects for that

15.7 You acknowledge and accept that:

  1. The Third Party Materials are not supplied to you by King Living but are instead acquired by King Living at your direction;
  2. King Living has no knowledge of whether the Third Party Materials are suitable or appropriate for use in connection with:

             i. manufacturing the Product; or

              ii. the use of the Product; and

         therefore King Living does not warrant or represent that the Third Party Materials are suitable for their intended purpose or in connection with a Product;

       c. You have chosen the Third Party Materials in the absence of any advice, recommendation or statement by King Living that the Third Party Materials are suitable for their intended purpose or in conjunction with the Product;

       d. Due to the use and integration of the Third Party Materials in the Product, the Product may not operate as intended, or at all;

       e. Any defect, damage, or flaw which is attributable to the Third Party Materials, is not the responsibility or fault of King Living;

       f. You are satisfied that the use of the Third Party Materials in the Product meets your requirements and is suitable and sufficient for your intended purpose in all respects according to your own judgment and independent advice;

       g. You waive your ability to make a claim against King (whether under any King Living Warranty or otherwise) and you accept that any King Living Warranty is expressly excluded and does not apply to a defect, damage or failure of any kind which is attributable to the Third Party Materials; and

      h. You release King living from all liability which is attributable to the use and integration of the Third Party Materials into the Products.

15.8 Notwithstanding that there is no warranty offered for Third Party Materials, statutory Consumer Guarantees continue to apply to the Products, to the extent

that they cannot be excluded under the applicable laws.

15.9 To the full extent permitted by law, you will indemnify King Living and hold harmless King from and against all claims, liability, loss or damage, which is attributable to the use of the Third Party Materials in connection with the Product.

 

16 WARRANTIES - SALES TO COMMERCIAL CLIENTS (B2B)

16.1 Orders processed by King Living cannot be amended so you must ensure that you have the correct information at the time of Order placement.

16.2 Subject to clause 15, if you purchase a Product and if King Living offers a commercial warranty for that Product then King Living will honour that warranty provided all other requirements for claiming the King Living Warranty are If King Living is willing to provide a commercial warranty to you for a Product, the terms of that commercial warranty will be separately provided to you.

16.3 You warrant that:

  1. the contents of the Quotation have been assessed by you and found to be accurate and correct at the time when we issue the Order Confirmation; and
  2. you have correctly nominated the type of location (whether it be commercial or retail) into which the Products are being delivered and the purpose of usage of the Products.

16.4 Our goods come with guarantees that cannot be excluded under the Australian Consumer If the statutory guarantees in the Australian Consumer Law apply to your transaction then you are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

16.5 To the extent permitted by law:

  1. King Living will not provide any refund, returns, exchange or credit where you or other third parties have caused or contributed directly or indirectly to any damage to the Products;
  2. King Living will not be responsible for ensuring that the Products are suitable for a particular purpose unless that has been accepted in writing by King Living;
  3. Unless Products are faulty, we are unable to refund, exchange or credit. your account.

 

17 SPARE PARTS

17.1 This section applies only if you purchase Products directly from King

17.2 King Living offers a range of spare parts and associated repair services which are available to you for a reasonable period after the Product is supplied to Our ability to supply spare parts will vary depending on the availability of those parts. The date and time for the supply of repair services will depend on the availability of parts and our technicians, and you will be given several options from which to select a suitable date and time. Please contact King-Care® Service Team on 1300 546 422 for more details.

 

18 LIMITATION OF LIABILITY

18.1 To the full extent permitted by law, all warranties whether implied or otherwise, not set out in these Terms are excluded and King Living is not liable in contract, tort (including, without limitation, negligence) or breach of statutory duty or otherwise to compensate you for:

  1. any increased costs or expenses;
  2. any loss of profit, revenue, business, contracts or anticipated savings;
  3. your use or misuse of the Products;
  4. any act, omission or negligence by you, your agents or representatives;
  5. any loss or expense resulting from a claim by a third party; or
  6. any delays in delivery of the Products;
  7. any special, indirect or consequential loss or damage of any nature whatsoever caused by King Living’s failure or delay in completing or delivering the Order..

18.2 To the full extent permitted by law, where King Living’s liability cannot be excluded, the maximum aggregate liability of King Living for any breach of a condition, guarantee or warranty whether implied by law or otherwise, is limited to, at the option of King Living:

  1. the replacement of the Products;
  2. the repair of the Products;
  3. the payment of the cost of replacing the Products or acquiring equivalent products; or
  4. the payment of the cost of having the Products

18.3 In circumstances where King Living’s liability cannot be limited to the matters set out in the paragraph above, the maximum aggregate liability of King Living for any breach of a condition, guarantee or warranty whether implied by law or otherwise, is limited to the amount payable by you to King Living in respect of the Product giving rise to the liability.

18.4 Nothing contained in these Terms shall be construed so as to limit or exclude the liability of King Living for death or personal injury as a result of King Living’s negligence or that of its employees or agents.


19 INTELLECTUAL PROPERTY AND PUBLICITY

19.1 Nothing in this agreement grants you rights in our intellectual property. You acknowledge that all intellectual property including, but not limited to, designs, techniques, methods of manufacture, photographs, specifications, artwork, text, patented inventions, trade marks and registered designs remain the property of King Living.

19.2 You must not knowingly allow a Product to be reverse engineered, pirated or copied or our intellectual property rights to be breached in any King

Living may be entitled to compensation for any loss of royalties, damages and/or costs arising from the breach of our intellectual property rights.

19.3 You grant to King Living a revocable, worldwide, non-exclusive licence to use and distribute images of the Products (as installed at your location) for promotional and publicity Neither King Living nor the Commercial Client is permitted to use the trade marks, logos or names of the other party in a way that indicates any form of association (other than vendor/customer) without the express written consent of the other party.

 

20 INDEMNITY

20.1 To the full extent permitted by law, you will indemnify and keep indemnified King Living from and against all claims, liability, loss, or damage King Living may sustain directly or indirectly which arises from any act or omission by you which is a breach of these Terms or a claim by a third party arising from your act or

 

21 PRIVACY

21.1 We may collect personal information in connection with our dealings with you. If so, we will abide and you agree to be bound by King Living’s Privacy Policy.

21.2 King Living’s Privacy Policy for Australia is available for view here.

 

22 PPSA – SECURITY INTERESTS

22.1 King Living is not obligated or required to grant possession of the Products to you until we have received full payment for the Products and any other charges payable by you under these Terms.

22.2 This clause applies in the event that King Living grants possession of the Products to the Commercial Client before receiving full payment for the Products and including any other charges payable by you under these Terms.

22.3 King Living may register on the Personal Property Securities Register (as defined in the Personal Properties Securities Act 2009 (Cth), the PPSA) any and all Security Interests (as defined in the PPSA) created in favour of King Living by or pursuant to this Contract including but not limited to any Security Interests arising as a result of any goods owned by King Living (including Products) being delivered into the possession of the Commercial Client as bailee (for the purposes of the PPSA) pursuant to the Contract.

22.4 King Living and the Commercial Client agree that the sections of the PPSA listed in section 115(1) of the PPSA shall not apply on the enforcement by King Living of any Security Interest created in favour of King Living under or pursuant to this

22.5 The Commercial Client waives its right to receive a copy of any financing statement, financing change statement or verification statement (as those terms are defined in the PPSA) registered or received by King Living in respect of the Security Interests created in favour of King Living under or pursuant to this

22.6 If King Living determines that this Contract (or a transaction in connection with it)

is or contains a Security Interest (including a Purchase Money Security Interest, as defined in the PPSA), the Commercial Client agrees to do anything (including obtaining consents, signing and producing documents, getting documents completed and signed and supplying information) which King Living asks and considers necessary for the purposes of:

  1. ensuring that the Security Interest is enforceable, perfected and otherwise effective; and/or
  2. enabling King Living to apply for any registration, complete any financing statement or give any notification, in connection with the Security Interest; and/or
  3. enabling King Living to exercise rights in connection with the Security

22.7 The Commercial Client shall not grant any other Security Interest in goods in which King Living has a Security Interest pursuant to this Contract except with the prior written permission of King Living.

22.8 The Commercial Client agrees to reimburse King Living for all costs and/or expenses incurred or payable by King Living in relation to registering, maintaining or releasing any finance statement or any other document in respect of any Security Interest created in favour of King Living by or pursuant to the Contract.


23 TERMINATION

23.1 Without limiting King Living’s other rights or remedies, King Living may terminate these Terms with immediate effect by giving written notice to you if:

  1. you commit a material breach of these Terms and (if such a breach is remediable) you fail to remedy that breach within 10 days after being notified in writing to do so;
  2. you take any step or action in connection with: entering administration, provisional liquidation or any composition or arrangement with creditors (other than in relation to a solvent restructuring); being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring); having a receiver appointed to any of your assets; or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
  3. you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business;
  4. your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under these Terms has been placed in jeopardy; or
  5. your action or behaviour in any communication with King Living is abusive threatening or offensive.

23.2 Without limiting its other rights or remedies, King Living may suspend provision of the Products under these Terms or any other contract between you and King Living if you become subject to any of the events listed above, or King Living reasonably believes that you are about to become subject to any of them, or if you fail to pay any amount due under these Terms on the due date for payment.

23.3 Without limiting its other rights or remedies, King Living may terminate these Terms with immediate effect by giving written notice to you if you fail to pay any amount due under these Terms on the due date for payment and remain in default not less than 14 days after being notified in writing to make such payment.

23.4 On termination of these Terms for any reason you shall immediately pay to King Living all of King Living’s outstanding unpaid invoices and interest.

23.5 Termination of these Terms shall not affect any of the parties’ rights and remedies that have accrued as at termination, including the right to claim damages in respect of any breach of these Terms that existed at or before the date of

23.6 Any provision of these Terms that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and


24 CONFIDENTIALITY

24.1 Except as provided in this clause, you must keep confidential the terms of this contract, and any information of which you have become aware in connection with this Contract or its negotiation.

24.2 A party may make any disclosure in relation to the following matters:

  1. to any professional adviser, financial adviser, banker, financier or auditor where that person has a need to review the information and is obliged to keep the information confidential;
  2. to comply with any applicable law, or any requirement of any regulatory body (including, in the case only where the securities of the party or any of its related bodies corporate are listed on a stock exchange, to the relevant stock exchange);
  3. to any of its officers or employees to whom it is necessary to disclose the information and who are obliged to keep the information confidential;
  4. to enforce its rights or to defend any claim or action under this Contract; or
  5. where the information has come into the public domain through no fault of that party.

25 GENERAL

25.1 Subject to these Terms and to the full extent permitted by law, these Terms constitute the whole agreement between King Living and you for the purchase of the Products and supersedes and extinguishes all previous terms, agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral. Each party agrees that it shall have no remedy in respect of any statement, representation, assurance or warranty that is not set out in these Terms.

25.2 King Living may assign or transfer any of its rights under these Terms to any other person by giving written notice to You may not assign or transfer any of your rights or obligations under these Terms to any other person unless you have received our prior written consent (not to be unreasonably withheld).

25.3 If any part of these Terms is found to be void, invalid, illegal or otherwise unenforceable, then that part of the Terms will be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as The remainder of these Terms continue to be enforceable and valid.

25.4 No amendment to or modification of these Terms shall be effective unless it is in writing identified as an amendment to these terms and authorised by King

25.5 A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.

 

26 GOVERNING LAW

26.1 These terms and conditions are governed by and construed in accordance with the laws of the State of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of that state and courts entitled to hear appeals from those courts.

 

For further information please contact: In Australia:

+61 2 9597 6466

[email protected] [TBC] www.kingliving.com.au

123 Turrella St, Turrella, NSW 2205

 

 

King Warranty Terms (Australia) – Products for Commercial Use

v. 20231130

 

1 INTRODUCTION

1.1 These Warranty terms (Warranty) are limited in their application to products which are purchased by you for business or commercial (not personal, household or domestic) use. King’s Warranty on products sold for personal, household or domestic use do not apply and are completely excluded.

1.2 This warranty is only applicable when it is notified to you, the purchaser, at or before the time when you purchase Products for commercial use.

1.3 King warrants King branded products and selected components of those products, as specified in this warranty, against failure due to a manufacturing defect for the period referred to in the below table (Warranty Period), subject to these terms.

1.4 Each Warranty Period begins running from the date of delivery of the

1.5 If a service call is required in order to respond to a warranty claim which is made before the first anniversary of the date of delivery, the fees for that service call are included in the Warranty. After the first anniversary has elapsed King may, in its discretion, charge a fee for the cost of a service call. Different conditions apply for regional customers, as described in clause 6.

1.6 If the address where the purchaser’s product is located is outside of a metropolitan area where a King showroom is located (Metro Area), the purchaser must make arrangements with King to return the product to a King warehouse as selected by King and at the purchaser’s cost so as to enable King’s service technician to assess the warranty claim.

1.7 King reserves the right to change the terms of the Warranty at any time however if we do make a change, we will continue to honour the terms of the Warranty which was in effect at the time when you purchased a product which is covered by this Warranty.

1.8 Each Warranty is specific to a product or a component of a product as described in the following Please note the exclusions to this Warranty that are listed in this document and the specific exclusions for each specific product and component warranty listed in the below table.

 

  Products/Components Warranty Period from date of delivery Specific Exclusions
  Indoor products manufactured by King
1 Steel or alloy frames 10 years  
2 Sofa accessories for indoor products 1 year (12 months) Electrical accessories.
3 Electrical accessories for indoor products 1 year (12 months)  
4 Other components of indoor products (including foam, feather and fibre fillings, suspension, springs, mechanisms (including sofa & storage bed mechanisms), hydraulics, zippers, touch fasteners and legs) 5 years according to Pro Rata Schedule:  
*Year 0-1 Free
*Year 1-2 50%
*Year 2-3 60%
*Year 3-4 70%
    *Year 4-5 80%
  * Please see below under the heading ‘What is not covered by the Warranty’ for further details on King Fabrics. *Percentage of retail replacement cost. e.g. Replacement of a defective $100 part during year 3 would cost the purchaser $70.
    Service charges and transport costs are charged to the purchaser at Standard King rates.
5 King Leather and King Fabric components of indoor products King Leather and King Fabric components of indoor products:  
  * Please see below under the heading ‘What is not covered by the Warranty’ for further details on King Fabrics. 3 years specific to Heavy Commercial graded fabrics and leathers;
    12 months on all other King branded textiles: according to Pro Rata Schedule:
*Year 0-1 Free
    *Year 1-2 50%
    *Year 2-3 75%
    *Percentage of retail replacement cost. e.g. Replacement of a defective $100 part during year 3 would cost
the purchaser $75.
    House calls and transport costs are charged to the purchaser at Standard King rates.
  Outdoor products manufactured by King
6 Steel or alloy frames* 3 years Surface corrosion of steel furniture and parts, including stainless steel, as a result of direct use in harsh seafront locations or in a confined, chlorinated environment.
(Including warranty against structural defects)
7 Coating and Surface 3 Years Minor corrosion spots at the weld joins.
Surface corrosion originating from, scratches or abrasions that result from general wear and tear and which cannot be removed via standard cleaning and maintenance processes.
 
Any occurrence of any detritus, organic or man-made matter settling on the product surface.
Tea staining on stainless steel product surface.
8 Components of outdoor products (including but not limited to King Fabrics*, foam, feather and fibre fillings, suspension, springs, mechanisms (including storage base mechanisms), zippers, touch fasteners, legs and outdoor accessories). 2 years  
 
* Please see below under the heading ‘What is not covered by the Warranty’ for further details on King Fabrics.
9 Accessories for outdoor products and Weatherguard covers 1 year  
10 King Rope 2 years  
11 Solution-dyed acrylic, specialty fabrics and decorative shade fabrics solely from the outdoor fabric collection. 5 years Electrical and motion components. Any other parts of products.
  Any other fabric range of King Living products.
This includes Deluxe Shade cloth fabric which may be specified for the King Cabana.  
12 Standard (not Deluxe) shade cloth fabric which may be specified for the King Cabana; and 1 year  
 
Solution-dyed polyester outdoor fabric.
  Electronics and motion components
13 Electronics and motion components of all King Living branded products. 1 years  
  Other products
14 Sleep+ products (excluding Fit Cover) 10 years according to Pro Rata Schedule:  
*Year 0-1 Free
*Year 1-2 Free
*Year 2-3 20%
*Year 3-4 30%
*Year 4-5 40%
*Year 5-6 50%
*Year 6-7 60%
*Year 7-8 70%
*Year 8-9 80%
*Year 9-10 90%
*Percentage of retail replacement cost. e.g. Replacement of a defective $100 part during year 3 would cost the purchaser $20.
House calls and transport costs are charged to the purchaser at Standard King rates.
15 Fit Cover 1 years  
16 Case Goods & King bedroom, dining room, living room and furnishing products 2 years Any other range of King products.
17 King lighting products 1 year Lightbulbs: King may, at its discretion, provide lightbulbs together with a product, but lightbulbs are not included in or covered by this Warranty.
18 Rugs by King 1 year Any other range of rugs sold by King.
19 Canopy fabric on Umbrellas (Whitehaven + Hyams) 5 years on Solution-dyed acrylic fabric  
20 Frame on Umbrellas (Whitehaven + Hyams) 1 years Electrical and motion components.
 
Surface corrosion of steel parts, including stainless steel, as a result of direct use in harsh seafront locations or in a confined, chlorinated environment.
Surface corrosion originating from, scratches or abrasions that result from general wear and tear and which cannot be removed via standard cleaning and maintenance processes.
 
Any occurrence of any detritus, organic or man-made matter settling on the product surface.
Tea staining on stainless steel product surface.
21 Pool Float (limited to fabric cover, inner core and electric pump) 1 year Fading of colours due to general wear and tear, direct sunlight and/or use in harsh seafront locations or a harsh chlorinated environment
 
Any occurrence of any detritus, organic or man-made matter settling on the product surface.
Any other parts of the product.

 

2 WHAT IS NOT COVERED BY THE WARRANTY?

2.1 These King Warranty Terms do not apply:

  1. Unless they have been notified to you, the purchaser, at or before the time when you purchase Products for commercial use;
  2. To any exclusions specifically listed for the relevant product or component in the above table;
  3. Where the product has been delivered to a locality outside of Australia whether by King, another third party or the original purchaser;
  4. If, at any stage during the use of the product by the original purchaser, the purchaser transports the product to a locality outside of Australia;
  5. Where the product or components of the product:
    1. have not been purchased directly from King; or
    2. have had any product tags removed, altered or defaced; or
    3. have been modified or changed without approval from King;
  1. To fabrics supplied by you or outside suppliers. Please note that fabrics and leathers supplied by an outside supplier may be covered by the supplier’s own warranties;
  2. To normal wear and tear associated with the products and components. Fabrics, leathers, rugs, suspension components, cushioning and fillings will show signs of wear and tear with Fabrics, rugs and leathers will fade and crease. Foam and fillings will soften and form to the shape of the user over time. Depending on the covering and the degree of use, the covering materials, cushion fillings and suspension may need to be replaced periodically at the purchaser’s expense. Scars, marks and differing pore density and colour are natural characteristics of leather and are not to be considered defects. King reserves the right to determine at its discretion whether a component has failed due to a defect or wear and tear. Any item requiring replacement due to wear and tear will be at your own expense;
  3. To colour variations caused by exposure to the local environment for products including but not limited to fabrics, leathers, rugs, timber veneer and solid timber;
  4. To damage caused by use of parts and consumables that are not the genuine manufacturer’s parts and consumables. Please note that for any item that is not actually manufactured by King, we will only provide that repair or replacement service to the extent that we can obtain the manufacturer’s approval to do so on their behalf, otherwise we will not offer that repair or replacement warranty for such item;
  5. To freight, call-out fees, labour and other items associated with making a claim under this Warranty where the claim is an invalid warranty claim. If the claim is a valid warranty claim, then King will only be liable for the costs that it has pre- approved in writing, where pre-approval must be obtained by you prior to you incurring those All costs for which pre-approval in writing is not obtained by you in accordance with this paragraph are excluded from this Warranty and they will be charged to you at standard King rates; and
  6. To products or components that become defective as a consequence of misuse, lack of proper care and maintenance, commercial use or handling in transit. You must use and maintain the products and components in accordance with the care instructions for the relevant product and component as provided on King’s website and any other information made available you by If a component of a product becomes defective, you must not attempt to repair it yourself. Doing so may cause damage which is not covered by this Warranty.

2.2 This Warranty only applies to the original purchaser of the products where the products are delivered to an Australian delivery address and remain in Australia for the life of the product. You cannot assign or transfer any benefit conferred by this All

subsequent purchasers acquire the product ‘as is’ and without the protection of the Warranty.

 

3 HOW DO YOU LODGE A WARRANTY CLAIM?

3.1 You must notify King Customer Service within 14 days of any defect Notification must be:

  1. by telephone: 1300-13-KING (5464)
  2. by email: [email protected].
  3. by contacting King’s commercial sales

3.2 You must provide the following information upon notification of the defect:

  1. your name;
  2. the full and correct name of the purchaser, as described on King’s sales order or invoice;
  3. order delivery address;
  4. your phone number;
  5. King Living product details; and
  6. details of the defect claimed

3.3 Once a Warranty claim is received by King, a representative of King Customer Service will help determine whether your Warranty claim is valid, and if it is, will inform you how King will honour it. You may be required to provide King with:

  1. photographic evidence of the defect;
  2. a written explanation of the defect;
  3. details of the

3.4 During the process, King Customer Service may, before providing the warranty service, require that you respond to questions designed to assist with diagnosing potential faults and follow their procedures for obtaining the Warranty. You must respond to all requests promptly. King reserves the right in its absolute discretion to determine whether a part has failed due to a defect, or instead due to wear and tear.

 

4 HOW WILL A VALID WARRANTY CLAIM BE HONOURED?

4.1 All Warranty claims determined by King Customer Service to be valid will be honoured. The replacement item becomes your property and the replaced item becomes King’s

4.2 To honour a warranty claim relating to a product, King will, at its option:

  1. Replace the product or supply equivalent (When a product or component is replaced, any replacement item becomes your property and the replaced item becomes King’s property); or
  2. Repair the product; or
  3. Pay the cost of replacing the product by acquiring an equivalent (When a refund is provided, the returned product becomes King’s property and must be returned to King); or
  4. Pay the cost of having the product

4.3 To honour a warranty claim under a Warranty that relates to a recliner electronics and motion component, King will, at its option:

  1. Replace the recliner electronics or motion component or supply equivalent recliner electronics or motion component. (When a component is replaced, any replacement item becomes your property and the replaced item becomes King’s property); or
  2. Repair the recliner electronics or motion component; or
  3. Pay the cost of replacing the recliner electronics or motion component or acquiring an equivalent recliner electronics or motion component. (When a refund is provided, the returned recliner electronics and/or motion component becomes King’s property and must be returned to King); or
  4. Pay the cost of having the recliner electronics or motion component

4.4 Components replaced under this Warranty may vary in colour and texture to the original and such variations are not considered a defect.

4.5 Any repair or replacement under this Warranty is limited to the defective component


5 DISCLAIMER

5.1 To the extent permitted by law, all other warranties implied or otherwise not set out in this Warranty are excluded. King will be under no liability in contract, tort (including without limitation, negligence), or breach of statutory duty to otherwise compensate the party eligible to make a warranty claim for:

  1. any expenses incurred by the claimant or a third party;
  2. any loss of profit, revenue, business, contracts or anticipated savings;
  3. any loss or expense resulting from a claim by a third party;
  4. any special, indirect or consequential losses or damages caused by King’s failure to complete or delay in completing any of its obligations in this Warranty.

 

6 LIMITATIONS ON DISCLAIMER

6.1 If the supply of the products to you is a consumer sale pursuant to the Australian Consumer Law, the following statement applies. In the following statement, ‘our’ means King Living and ‘you’ means the purchaser:

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

6.2 The benefits given by this Warranty are additional to other rights and remedies that you may have in relation to our Any paragraph of this Warranty which is unenforceable or void is to be severed and the rest of this Warranty will remain in force.

 

7 CONTACT

If you have any questions or comments in relation to this Warranty, please contact: King Customer Service

1300-13-KING (5464)

[email protected] www.kingliving.com.au 123 Turrella St

Turrella NSW 2205 Australia