Terms of Service

• This proposal remains valid for a period of 30 days after which time EDUSCAPE reserves the right to vary or withdraw the proposal.

• This proposal assumes that all items contained therein will be accepted in total unless otherwise shown. Part acceptance may vary the item cost and EDUSCAPE reserves the right to requote on individual items.

• “EDUSCAPE” means EDUSCAPE a subsidiary of Zekia Pty Ltd, the seller of the product.

• “You” means the buyer of the product.

• The unit rates in our proposals exclude GST, unless otherwise stated. Upon acceptance of this quotation please provide your ABN for our records. 

• EDUSCAPE’s proposal is based upon installation between 7:00am and 5:00pm Monday-Friday and does not include any weekend or after hours work. 

• EDUSCAPE have made no allowances for any electrical or mechanical work. 

• EDUSCAPE have made no allowances for coordination of other trades. 

• EDUSCAPE have made no allowances for any structural or service alterations. 

• EDUSCAPE have made no allowances for any ceiling alterations or penetrations for other trades. 

• Applicable costs for electrical hard wiring, data and telephone cabling are not included. 

• Where installation is included in the price of merchandise, only the scope of the normal installation is included. Additional moving, double handling or revised configurations will result in additional charges. 

• EDUSCAPE have allowed to protect our work during installation. We require any carpet protection to be removed. Upon completion of installation, handover will occur. We are not able to protect for damage after handover. 

• Where non standard units are required, EDUSCAPE will not be bound to proceed with the manufacture of these until acceptance of a design of each such unit is signed for by you. 

• You shall pay for any additional costs involved in deviations from drawings or data supplied by you after the acceptance of the specific layout. 

• EDUSCAPE will not be held responsible for defects in existing constructions where new installation fixes to or abuts existing. 

• You will need to obtain all necessary consents, permits etc required under local Government or other ordinances and shall pay all fees and give all notices required under such ordinances. 

• Unless otherwise stated delivery and installation costs are included in the proposal. 

• You shall inspect goods on delivery. Upon signing for the goods you shall be deemed to have accepted the goods in satisfactory condition. 

• Any claims with respect to quantity or quality of goods received must be made within seven (7) days of acceptance of goods. 

• All risk will pass from EDUSCAPE to you upon delivery of the goods.  

• Unless otherwise arranged, you need to arrange or otherwise be responsible for insurance covers for loss/or damage of work in progress and/or materials from the time of delivery of materials to site. 

• Delivery time would be a minimum of 35 working days from receipt of your purchase order and sign off of full and final details. 

• Delivery dates are not guaranteed. Dates are given in good faith but are estimated carefully according to present conditions and may be subject to circumstances beyond EDUSCAPE’s control. EDUSCAPE will not accept liability for any penalties or damages (either direct or indirect) for failure to delivery in the estimated time. 

• The delivery time specified in this quotation is subject to the availability of fabrics and other items from the manufacturer. 

• The quotation is based on clear and unrestricted access to the site of works. The job site should be clear of staff personal effects, other trades and debris. Excess delays and inconveniences such as double handling and improper working conditions will be subject to additional time charges. 

• The quotation has been calculated on the condition that secure storage space be available, without charges, so that deliveries can be effected per the agreed program. Should you be unable to accept delivery, you will then need to arrange alternative storage at your cost. EDUSCAPE will accept no responsibility for damage or deterioration on goods whilst in store. 

• Practical completion shall be deemed to be when the works are reasonably fit for occupation or use, or are taken over or occupied by the Purchaser, not withstanding any minor defects or incomplete items that may need attention following practical completion as above described. 

• Variations in grain, shade and/or colour of goods supplied, particularly where surfaces are veneered with natural timbers, shall not be regarded as a fault and no claims will be entertained in respect to same. 

• Hampers and shelves that are fixed to existing walls must have suitable fixing points provided by the Purchaser, i.e. timber stud, masonry or timber panel. No responsibility will be taken for fixing of fasteners on inadequate walls. 

• EDUSCAPE will correct any defects in the workmanship and/or materials for a period of twelve (12) months after practical completion, subject to fair wear and tear. 

• All items of office furniture carry a full Manufacturer's guarantee against faulty materials or workmanship for a period of 5 years. 

• EDUSCAPE are furniture suppliers and not construction contractors and, as such, our pricing does not include for any Liquidated Damages. 

• A deposit of 50% is required with written confirmation of full and final details of the order. 

• Payments strictly net 7 days from the date of each invoice being submitted at the time of delivery, or part delivery, of goods and/or materials. 

• The balance of contracted value within 7 days of the date of invoice being submitted at the time of practical completion of the works (as defined above). 

• Any failure to make payments, as stipulated above, shall be a breach of contract, justifying the cessation of work, delivery and/or installation of the contracted works and any costs incurred to that point shall be borne by you. 

• Payment by credit card may incur a surcharge.  

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Zekia Pty Ltd Bank Account Details 

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Westpac  

Fortitude Valley Qld Branch 

BSB : 034-010 

Bank Account number : 24-9921 

• As we are furniture suppliers, not construction contractors and our products carry a minimum of five (5) years warranty no retention of any amount will be considered and our terms of payment are to be strictly complied with. 

• It is a condition of this tender quotation that the title and property in goods supplied by us does not pass until payment in full has been received by EDUSCAPE. 

Title shall not pass 

Title to and ownership of the goods remains with EDUSCAPE (the seller) until (the buyer) has paid for the (goods) in full including and G.S.T., delivery charges and other duties or charges invoiced. 

Relationship between (seller) and (buyer) 

The (buyer) shall take custody of the (goods) and retain them as the fiduciary agent and bailee of EDUSCAPE (the seller). 

Storage of the goods. 

Subject to dealing with the goods as contemplated by this clause, the (buyer) must keep the (goods) stored separately and in a manner to enable them to be identified, properly stored, protected and insured. The (buyer) must not create any form of encumbrance over the goods which is inconsistent with EDUSCAPE (the seller) title to and ownership of the goods. 

Authority to repossess 

If the (buyer) does not pay for the goods in full, the (buyer) authorises EDUSCAPE (the seller) and its servants and agents, to enter upon the (buyers) premises at any time to do all things necessary to repossess the (goods). 

Dealing with the goods – resell 

The (buyer) may resell the (goods). But only as fiduciary agent for EDUSCAPE (the seller). Any right to bind EDUSCAPE (the seller) to any liability to any third party by contract or otherwise is expressly negated. The buyer shall hold in trust for EDUSCAPE (the seller) any proceeds of sale received from third parties which relate to the (goods) and shall keep such proceeds in a separate account until the liability to EDUSCAPE has been discharged. 

Dealing with the Goods – making new product 

This subclause applies if the (buyer) makes a new product from the (goods) by some method of manufacture or construction or mixing the (goods) with other articles. The (goods) are deemed to be made into the new from the third party as relate to the (goods). Such part is deemed to be the proceeds of sale received by the (buyer) in an amount equal in dollar terms owing to EDUSCAPE (the seller) by the (buyer). If the new product is not sold to a third party the (buyer) agrees with EDUSCAPE (the seller) that ownership in the new goods immediately passes to EDUSCAPE (the seller) and subclauses 6.3 and 6.4 apply to the new product. product immediately upon the commencement of the method or mixing. If the (buyer) sells the new product to a third party, the (buyer) holds on trust for EDUSCAPE (the seller) the part of the proceeds of sale received from the third party as relate to the (goods). Such part is deemed to be the proceeds of sale received by the (buyer) in an amount equal in dollar terms owing to EDUSCAPE (the seller) by the (buyer). If the new product is not sold to a third party the (buyer) agrees with EDUSCAPE (the seller) that ownership in the new goods immediately passes to EDUSCAPE (the seller) and subclauses 6.3 and 6.4 apply to the new product.