1. The Terms
1.1. Portfolio Picture Framers (ABN 33 711 015 883) (the Business) is a family-run business in Perth, Australia. The Business offers picture framing products and related services, and specialises in custom framing needs and requirements of their customers (the Products).
1.2. These are the terms and conditions referred to in the Invoice (the Terms), please read these Terms carefully. If you do not agree with the Terms, you must inform the Business and not use the Products. The Business reserves the right to review and change the Terms at any time and in its sole discretion.
1.3. You accept the Terms by placing the order, purchasing, making payment for the Products, or accepting the Products.
2. Purchase of the Products
2.1. You acknowledge and agree that you may be required to pay the full price for the Products at the time of placing the order (Purchase Price).
2.2. You acknowledge and agree that the prices mentioned at the time of placing an order for a Product are correct but are an estimate, these prices are subject to variations without any notification and they may also change depending on the actual work required to produce the Product. The Business reserves a right to charge you the new Purchase Price at the time of the delivery of the Products.
2.3. You acknowledge and agree that all orders for any Product are final from the time that it is received by the Business, and cannot be cancelled or modified.
3. Delivery of the Products
3.1. You acknowledge and agree that ownership of the Products will transfer to you upon the Products leaving the Business’ possession, by you physically taking possession in any facility controlled by the business, or by the Products leaving the Business’ possession for transportation by you or a third party.
3.2. You acknowledge and agree that all dates and times given by the Business for the delivery of the Products are tentative and are subject to change. You must collect the Products on the date that notice is provided to you that the Products is ready for collection. The Business will retain your ordered Products for up to six (6) weeks from the date that notice is provided to you that the Product is ready for collection and thereafter, if not collected during this time, dispose of the Products (Retention Period).
3.3. You acknowledge and agree that where it is agreed that we will arrange transportation for the Products to be supplied by us and/or any artwork and/or other goods supplied by you or any third party:
(a) the delivery instructions relating thereto will be as agreed; and
(b) transportation thereof will be carried out at your own risk, expense and insurance liability.
3.4. You acknowledge and agree that the Business is not responsible for any Products during the Retention Period. The Business will not be held liable for any failure to supply the agreed goods and services by reason of any event beyond our reasonable control.
4. Quality of the Products
4.1. You acknowledge and agree that we endeavour to provide you with the best quality of Products but due to technical limitations of machinery our tolerance parameters are +/-2mm. While most work will be far more accurate, we are unable to guarantee higher precision than this. If you require higher precision this must be stated at the time of placing an order and we will price the work
accordingly or advise that it is not possible.
4.2. The grain of wood varies from piece to piece. While great care is taken to select matching timber, we cannot guarantee complete matching (particularly on large frames), freedom from knots & other natural figuring, or that frames will match the grain of sample pieces.
4.3. Stain samples are an approximate indicator of frame colour, we cannot guarantee exact matching. The final frame colour will depend on the base wood colour. Please note that the colour of wood changes with age & this will in turn affect stain colours. Many stains are dye based and will also be affected by the level of exposure to light.
5.1. You acknowledge and agree that the Business reserves its right to accept or not accept any return requests made by you for the Products. The Business may, at its sole discretion, accept your request to return the Products.
5.2. You acknowledge and agree that you are liable for any returns and any applicable fees, postage and shipping costs associated with any returns pursuant to this clause, if any.
6.1. You acknowledge and agree that the Business does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
6.2. The Company’s total liability arising out of or in connection with the Services, the Products, or the Terms, however arising, including at law, in equity, under statute, or otherwise, will not exceed the resupply of the Product to you.
6.3. You expressly understand and agree that the Company, its affiliates, employees, agents, contributors, third party content providers and licensors, will not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This includes, but is not limited to, any loss of profit, any loss of goodwill or business reputation and any other intangible loss.
6.4. All or any artwork and/or other goods supplied by you or any third party to the Business are supplied entirely at your own risk and will remain at your risk while in the Business’ custody and the Business will not be held liable for any loss or damage consequential or otherwise to such artwork and such goods.
6.5. You acknowledge and agree to arrange and maintain adequate insurance to cover your responsibilities imposed by these Terms of Trade, including but not limited to all risks associated with insurance at the full replacement value of any and all artwork and/or other goods supplied by you or any third party to the Business, for the avoidance of any doubt you should maintain such insurance during transportation of such artwork and such goods, and of the goods supplied by the Business hereunder.
7.1. You acknowledge and agree to indemnify the Business against all liabilities, claims, demands, damages, losses, costs and expenses which may be incurred or brought against the Business in respect of injury to any person or loss or of damage to any property arising out of or in connection with the use by you of the Products and/or related services as a result of any act or omission by you or of any breach by you of any of your obligations hereunder.
8.1. The Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product or Service. The Business provides no additional warranty.
9. Governing Law
9.1. These Terms are governed by the laws of Western Australia. In the event of any dispute arising out of or in relation to the Terms, you agree that the exclusive venue for resolving any dispute shall be in the courts of Western Australia, Australia.
10.1. If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.