Terms and Conditions

Interpretation
1.    Purchaser means the purchaser of the goods.
2.    Vendor means Emac & Lawton Pty Ltd ACN 003 775 111.
3.    Proforma means that any sale by the vendor of any of its range of goods to a purchaser is in accordance with the following terms & conditions unless otherwise agreed between the parties in writing.
4.    C.O.D. means those sales in which the sale price & any other charges is to be paid in cash is to be paid to the vendor on delivery of the goods.
5.    Account clients means those purchasers who have previously been approved by the vendor as account clients.

All transactions are in accordance with the following terms & conditions unless otherwise agreed.

PROFORMA or C.O.D. INVOICES:
All transactions will be in accordance with Proforma or C.O.D. terms contained in this agreement.
All items will be held without payment for a period of 14 days only except for account clients.

Account clients: All amounts owing in relation to the purchase of goods are payable within 30 days from the date of the invoice.

Returns & Credits: returns & credits are only accepted if authorised by the vendor, the supplier, or our agent in writing, & are notified in writing within 7 days of the receipt of goods.

Delivery of Goods: The vendor & the purchaser agree that all goods are delivered to the purchaser at the door of our warehouse.  Delivery of the goods to the purchaser?s agent, carrier or representative shall constitute delivery to the purchaser.

Risk passes to the purchaser upon delivery of the goods to the purchaser.  Freight costs and in-transit insurance is the responsibility of the purchaser & are excluded from the price of the goods sold.  The vendor will, at the purchaser?s request, but not for reward, arrange freight & in-transit insurance on the purchaser?s behalf.  If goods are sold free into-store & if freight charges are to incorporate into the sale price the purchaser shall in addition to the sale price the purchaser shall in addition to the sale price pay any sales tax chargeable on what is deemed to be the freight costs on the delivery of the goods.  (Purchasers should be aware of Australian Taxation Office ruling 21/AD/1900 503 309).

Overdue Accounts: Goods will not be supplied to holders of overdue accounts until such time as the account is brought up to date.  The vendor reserves the rights to charge overdue account fees not in excess of the indicator-lending rate as charged from time to time by the Westpac Banking Corporation plus three percent per annum.

Storage Levy & Charges: The vendor will hold goods free of charge for a period of five days after the completion date or a specified delivery date.  After this time, the vendor reserves the right to charge the customer storage levy not in excess of the current rate that would be charged by a commercial storage facility of the same goods unless otherwise negotiated.  It is agreed that a written quotation obtained by the vendor from a commercial storage facility will be deemed to be the storage charge payable by the purchaser.

Insurance: All risk passes to the purchaser upon delivery of the goods.

Reservation of Title: All rights remain with the vendor until all goods have been paid for in full.  The vendor reserves the following rights in relation to the goods until all amounts owned by the purchaser to the vendor are paid in full:
1.    Legal ownership of the goods.
2.    To enter the purchasers premises, or the premises of any associated company or agent where the goods are located without liability for trespass or any resulting damage & retake possession of the goods.
3.    To keep & re-sell any goods re-possessed pursuant to sub-clause (2).

If the goods are resold, or all products manufactured using the goods that are sold by the purchaser, the purchaser shall hold such part of the proceeds of any such sale as represents the invoice price of the goods sold or used in the manufacture of the goods sold in a separate identifiable account as the beneficial property of the vendor & the purchaser shall pay such amount to the vendor upon request.  Notwithstanding the provisions above the vendor shall be entitled to maintain an action against the purchaser price notwithstanding that all risk of damage & loss to the goods shall pass to the purchaser upon delivery.

Variations & Differences: Due to the handcrafted nature of the product, minor imperfections & dimensional differences are part of the product.  It is recommended that pairs of lamp bases & lamp shades are ordered together.

Cancellation: No order may be cancelled except with consent in writing of the vendor & the purchaser will indemnify the vendor against losses as a result of the cancellation of the order.