Design Quintessence Pty Ltd Terms & Conditions of Sale
ABN 33 073 290 776 | Draft V6-26 | 11 September 2026
DEFINITIONS
- Seller = Design Quintessence Pty Ltd ABN 33 073 290 776
- Buyer = includes a Buyer acting as Agent, Wholesaler, Retailer
- Conditions = these conditions of sale, as varied by Seller by written notice to Buyer.
- Products = All items sold by Seller to the Buyer.
- Special Orders = orders for Products which are not standard stock items or are manufactured, customised or procured specifically for the Buyer under a tender.
= orders that are over $50,000 AUD,
= orders for products that are non-standard stock items for DQ,
= orders for products which are manufactured, customised or procured specifically for the Buyer
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SCOPE
The Conditions apply to all orders placed by Buyer with Seller unless amended in writing and signed by an authorized officer of the Seller. By placing any purchase order with Seller, the Buyer accepts the Conditions. If there is any conflicting term or condition contained in any communication from the Buyer, the Conditions will prevail.
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SPECIAL ORDERS
A deposit of 50% of the invoice cost as quoted by the Seller will be required in advance on all special orders and such deposit will be forfeited if the Buyer cancels the order.
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PAYMENT TERMS
- COD – payment prior to release of goods
- 7days – payment within 7 days of the release of goods
- 14days – payment within 14 days of the release of goods
- 30days EOM – payment within 30 days of the end of the month, in which the goods were released
- Special Orders – a 50% deposit is required and balance of order paid at the release of goods
Deign Quintessence offers varying payment terms depending upon customer category and order profile
i) = orders that are over $50,000 AUD,
ii) = orders for products that are non-standard stock items for DQ,
iii) = orders for products which are manufactured, customised or procured specifically for the Buyer
All accounts are payable on the due date.. If payment of the account is not received on the due date, the Seller at its discretion may terminate the Buyer’s account or withhold further supply of Products until full payment is made.
(i) Due Date:
- Deposit Terms A deposit of fifty percent (50%) of the total quoted value is required at the time of order placement for all accepted tenders and special orders.
- The Seller reserves the right not to commence any work or procurement until the deposit has been received in cleared funds.
- Balance payment: The remaining balance is payable in full prior to delivery, dispatch, or collection of Products unless otherwise agreed in writing by the Seller.
(ii) Deposit Terms
- A deposit of fifty percent (50%) of the total quoted value is required at the time of order placement for all accepted tenders and special orders.
- The Seller reserves the right not to commence any work or procurement until the deposit has been received in cleared funds.
- Balance payment: The remaining balance is payable in full prior to delivery, dispatch, or collection of Products unless otherwise agreed in writing by the Seller.
4. PRICING
Prices quoted by the Seller or its agents are subject to change without notice. The Buyer is under no obligation to comply with any recommendations by Seller as to a resale price for the Products.
(iii) Freight Charges
Freight and delivery charges are estimates only unless otherwise stated. Actual freight costs incurred will be invoiced at the time of dispatch or delivery and are payable upon receipt of invoice
(iv) Interest on overdue payments:
Buyer agrees to pay interest at the rate of 1.5% per month on any outstanding amount due to Seller that is overdue after 30 days.
(v) Minor defects:
Minor defects including but not limited to damaged packaging, scratches, dents and missing manuals in the Products will not entitle the Buyer to withhold payment.
5. DELIVERY
Any date quoted by Seller for delivery of Products is an estimate and Seller will not be liable for any costs or damages in relation to late delivery of Products due to events beyond its direct control, including (without limitation) shipment delays, strikes, accidents. Buyer agrees to any reasonable extension of a delivery date due to events beyond Seller’s control. Delay in delivery of part of an order will not relieve the Buyer of its obligation to accept and pay for the remainder of the order.
6. FREIGHT
The Seller will not be responsible for insurance, packing, delivery, storage, handling or any similar charges or services. The Seller will arrange for the freight of the Products at the cost of the Buyers and the cost of such freight shall be borne by the buyer and added to the invoice. If the Buyer nominates its own carrier then the Seller will use that carrier. The Seller’s responsibility for damage ceases with the despatch of the Products to the Buyer.
7. RISK
(i) Risk:
Risk in the Products will pass to the Buyer upon despatch to the Buyer’s address as nominated in its order. Buyer must arrange at its expense insurance of the Products against loss or damage in transit.
(ii) Retention of Title:
Title to Products sold by Seller does not pass to the Buyer until full payment is made. Buyer authorizes Seller and its representatives to enter without prior notice any premises occupied by Buyer to recover possession of the Products for which payment has not been made to Seller according to the Conditions.
8. CANCELLATION OF ORDERS
An order cannot be cancelled, varied or delayed without Seller’s prior consent. No application for cancellation of an order will be considered unless made in writing to the Seller. The Buyer will be liable for all work performed, and materials ordered or used by Seller up to the time of Seller’s consent to cancellation.
9. PAYMENT DEFAULT
If the Buyer defaults in payment of its account or breaches any of the Conditions it will be liable for all legal costs and expenses properly incurred by Seller to recover the balance due by the Buyer.
10. PRODUCTS
The Seller’s product range is subject to change without notice. The Seller may at any time add to or delete Products from its range and will not be liable for any loss or damage incurred to the Buyer as a result of changes to product ranges, specifications, design changes or modifications. Buyer agrees that any product illustrations or specifications supplied prior to ordering are not binding as to details.
11. WARRANTY
The Seller warrants Products purchased by the Buyer against manufacturing defects for the period specified by the manufacturer in its warranty statement for a particular product from the date upon which those Products were delivered to the Buyer. If Seller finds a product (or any part) to be defective, it will at its option, repair or replace such Products on the following terms:
a) The Products or any part must not be inspected, altered or repaired by any person other than the Seller’s authorized representatives.
b) This warranty does not cover damage due to wear and tear, improper installation, abuse, improper maintenance, unauthorized service, misuse, neglect or failure to follow correctly any instructions or procedures supplied by Seller or manufacturer in respect of the Products.
c) The Products must be returned to the Seller at the Buyer’s cost.
d) Products repaired under warranty by the seller will be returned to the Buyer at the buyers cost “using the nominated freight method for all the Buyers order”.
e) Except as herein provided or in additional specific product warranty statements all general law and statutory warranties implied in relation to the sale of the Products are excluded.
f) The Seller will not be liable to pay compensation for any injury, loss or damage in connection with the return, repair or replacement of the Products