Terms and Conditions of Quotation                                                                     

Harvey Norman Commercial Project Division VIC (The Company)

1.    Validity, Terms and Pricing

  • This quotation is valid until the quote expiration date stated. The Company reserves the right to review and adjust pricing after this date.

  • A quotation does not constitute a contract of sale and remains as an offer. The Company may accept or decline an order from the customer at its absolute discretion.

  • We reserve the right to amend these conditions from time to time. Updated September 2024.

1.1  Delivery

  • The Company and its vendors are not liable for any issues, loss or damage arising from the actions of a third party including an installer, the Company does not provide installation services.

  • Delivery charges remain indicative until client scope is confirmed, we reserve the right to vary delivery charges subject to change in scope.

  • A delivery is to a ground floor central location within 100m of the unloading point with one person and is to a loading dock or similar only, with a maximum waiting time of 20 minutes.  

  • Delivery is a drop service only, it does not include unpacking, installation, placement, positioning, removal of rubbish or old products, or any other additional service, unless expressly agreed in the quote.  

  • On delivery if a driver decides the delivery is unsafe or inappropriate to deliver, we reserve the right to refuse delivery.

  • All pallets remain the property of the Company. 

  • Where multiple deliveries are required, the purchaser agrees to pay the required charges notwithstanding the delivery quantities noted on the quote.

  • This quote shall in no way be construed to include any form of installation of the quoted goods unless specifically noted.

1.2  Commercial Terms

  • Any changes to the quoted quantities may affect the final unit prices. Quotes are not separable.

  • All quotes are in Australian dollars and include GST at the ruling rate at the time of quotation.

  • We reserve the right to cancel the quotation if the Company forms a belief that the goods are being purchased for resale.

  • The Company shall not be liable for any loss arising from provision of this quote resulting from something outside the Company’s reasonable control and within your reasonable control.

  • For account and trade customers, our trade terms and conditions govern your order, subject to applicable laws. You can review a copy of these terms here.

1.3  Products

  • The Supplier provides advice, recommendations, information, and assistance without liability.   The purchaser agrees it does not rely on the skill of the Company to assume suitability or fitness for purpose of any of the quoted goods.

1.4  Confidentiality

  • The Company’s quotes remain strictly confidential and may not be communicated to any other party without the Company’s prior written consent. The Company reserves the right to withdraw the quotation should this request not be respected.

1.5  Warranties  

  • Manufacturers may at their sole discretion curtail or refuse warranties for product depending upon the intended use.   The Company will to the best of its ability seek to notify the purchaser of changed warranty conditions, but the Company accepts no liability for the manufacturer’s decisions.

1.6  Lead Times & Supply

  • The Company is reliant on its vendors ability to supply, and we cannot always guarantee availability of quoted stock, this is expressly agreed and understood by the purchaser.   We do not accept liability for any loss or damage arising from an inability to deliver when the issue is out of the Company’s reasonable control.

2. Credit Approval and Payment

  • Orders are subject to credit approval for established account customers. Otherwise, full payment is required before delivery.

3. Information and Order Accuracy

  • This quotation is based on the information you provided. Before placing an order, you are responsible for verifying quantities and item types meet your project's requirements.

  • Custom orders require a completed "Harvey Norman Commercial Project Division Custom Order Form for Clients" with its own terms and conditions.

4. Cancellations and Returns

  • A restocking fee may apply to cancelled or returned orders. The Company will advise the specific fee at the time of cancellation or return request.

  • All pallets remain the property of Harvey Norman Commercial and will be charged for at CHEP casual rates if not returned.  Acceptance of the quote includes acceptance of this condition.

5. Consumer Rights

  • Notice: Harvey Norman Commercial Project Division is an independently owned and operated franchise.

  • Consumer Guarantees: We comply with the Australian Consumer Law (ACL) and the consumer guarantees that apply. These guarantees include those goods:

    • must be of acceptable quality.

    • must be fit for any disclosed purpose; and

    • must match the description and any sample shown.

  • Your Rights: If you have a problem with a product, you may be entitled to a repair, replacement, refund, or compensation under Australian Consumer Law (ACL). Nothing in these terms & conditions changes your rights under ACL.

6. Order Placement

  • Please place orders in writing, referencing the Quote number, using one of the following options:

    • Account Customers: Submit a Purchase Order.

    • Email: Reply to this email with your order confirmation.

    • Order Acceptance Form: Complete the "I hereby advise acceptance..." section below.

7. Disclaimer

  • Product Availability: Whilst the Company strives for accuracy, product availability dates remain estimates only.

  • Errors & Omissions: We reserve the right to correct any errors or omissions in this quotation.

  • Inclusion: no representation for suitability, performance or design can be inferred or assumed by the client by virtue of the Company quoting a product.   The client or specifier assumes all risks in relation to suitability, placement & fit for purpose nature of the quoted products.

8.   Pricing Calculation and Unit Rates

  • The Company's quotes provide unit prices (A) for each product. To calculate the total value (C) of a product, the unit price (A) is multiplied by the requested quantity (B) + GST

          Formula:

  • Total Value (C) + GST = Unit Price (A) x Quantity (B)

This pricing method ensures that the total cost is directly proportional to the quantity        ordered. The Company does not offer lump sum pricing. Any quotation provided is based on the unit price and quantity and is not to be construed as a lump sum offer.

  • The Company does not offer estimation or quantity survey services, we are not liable for and nor will we provide a take-off service to calculate a Bill of Quantities.   All risk for quantity calculations remains with the purchaser.  

  • GST: The Company’s quotes will show an amount calculated as GST.   Should the GST rate vary, then the Company reserves the right to alter the quote & order value based on the changed rate of GST in strict compliance to the Australian Tax Office requirements and all relevant State & Federal legislation.

  • Variances: should a client change the ordered quantity of the quoted offer; the Company reserves the right at its absolute discretion to alter the prices offered.

  • Australian Consumer Law (ACL): you may have rights that cannot be modified by of the Terms & Conditions of this quote.

  • Privacy: The Company treats your privacy seriously, for our Privacy Policy please visit here.

  • Liability: The Company shall not be liable for any indirect, incidental, or consequential damages arising out of or in connection with the sale or use of any product supplied by the Company.

  • Images, Dimensions and Colours: Images, dimensions and colours shown on our quotes & presentations are for representation only and remain indicative only; please confirm to your satisfaction before placing an order.

  • Manufacturer Changes: Manufacturers may modify or delete product specifications without notice. We make every effort to ensure accuracy, the Company is not liable for any direct or consequential loss or damage arising from such changes.

  • Agency Brands: Payment for some brands that the Company represents as a Chartered Agent listed in this quote may require orders & payment to be directed to those brands.   We include their information on our quotes for your convenience, Agency brands are governed by their own separate terms & conditions.

  • Brands that we act as an Agent for include:

    • Liebherr

    • Miele

    • Smeg

    • AEG

    • Falcon

    • Gaggenau

    • Neff

    • Fisher Paykel

    • ASKO

    • Speedqueen

    • Bertazzoni

    • BORA

    • Falmec

    • Others from time to time

8. Terms & Conditions of Sale

  • Please refer to our website for our full Terms & Conditions of Sale.

9. Custom Orders

  • Some products are classified as custom orders and are non-returnable & non-refundable.

  • The customer warrants all supplied information is correct, and does not infringe upon any patents, intellectual property or other proprietary information being used without due authorisation.

  • The customer agrees that they are liable for full payment of any custom order products, irrespective of whether they take delivery of the products. Payment is due once the customer has been notified that the goods have arrived at our warehouse or are ready for collection.  

9.1 Definitions

  • Custom Order: An order for a product that is specifically tailored to the customer's specifications, including but not limited to size, colour, finish, or features.   It may also be a product whose Vendor does not permit the Company to vary or return items once ordered.

  • Lead Time: The estimated timeframe for the production and delivery of a custom order as advised by the vendor to the Company.

9.2. Order Placement

  • All custom orders must be placed in writing using the Harvey Norman Commercial “Custom Order Form”, specifying the exact details of the desired product.

  • The Company will provide a written confirmation of the order, including the estimated lead time and total cost.  

  • Once the custom order is placed by the Company, it becomes irrevocable.

9.3. Lead Times and Delivery

  • Lead times are estimates only and may vary due to factors beyond the Company's control.

  • The effective date of order and calculation of estimated lead-time is from the later of the following events:

    • Purchaser returns the completed Custom Order Form

    • Pays a deposit if required.

  • The Company will make reasonable efforts to deliver the custom order within the estimated lead time. However, the Company shall not be liable for any delays or damages resulting from unforeseen circumstances.

9.4. Payment

  • A deposit may be applied to the total order value and may be required at the time of order placement.

  • The remaining balance is due prior to the delivery of the custom order.

  • In the instance of multiple custom order products, the deposit payment will be applied against the final delivery.

9.5. Changes to Orders

  • Any changes to a custom order after it has been confirmed may not be possible.  Or result in additional costs or delays or may not be accepted subject to the manufacturers advice.

  • The Company reserves the right to refuse changes to orders that are deemed impractical or unreasonable.

9.6. Cancellation

  • The customer may cancel a custom order at any time prior to the start of production. However, the Company may retain a portion of the deposit as a cancellation fee.

  • Once production has commenced, the customer may not cancel the order.

9.7. Warranty

  • The Company warrants that the custom order will be free from defects in materials and workmanship and has a warranty as advised by the manufacturer.

  • Acceptance by the Company of a custom order does not constitute a warranty as to the products fitness for purpose or performance.

  • All products are supplied with the manufacturers standard terms & conditions, no variations to this will be accepted unless in writing from the manufacturer.

  • The customer agrees it is solely responsible for due diligence with respect to a custom products design, performance and suitability for a given application.

  • The warranty does not cover normal wear and tear, misuse, or damage caused by the customer.

9.8 Limitation of Liability

  • The Company shall not be liable for any indirect, incidental, or consequential loss or damages arising out of or in connection with the sale or use of the custom order.

10.  Governing Law

  • These terms and conditions shall be governed by and construed in accordance with the laws in the State of Victoria Australia.  

  • These terms and conditions constitute the entire agreement between the parties and supersede all prior or contemporaneous communications, representations, or agreements.