Standard Conditions of Sale

1.     Definitions

1.1. “Buyer” means the person who buys or agrees to buy the Products from the Seller.
1.2. “Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
1.3. “Delivery date” means the date specified by the Seller when the Products are to be delivered.
1.4. “Products” means those goods specified.
1.5. “Price” means the price for the Products including Goods and Services Tax (GST).
1.6. “Seller” means Luxur Home Pte Ltd (Lush furniture).
1.7. “Consumer” shall bear the meaning as described in Section 12 Unfair Contract Terms Act [Cap 396].

2.    Conditions Applicable

2.1. Nothing in these conditions shall affect the Buyer’s statutory rights as a consumer.
2.2. The Seller shall sell and the Buyer shall purchase the Products in accordance with any written quotation of the Seller which is accepted by the Buyer, or any written or verbal order of the Buyer which is accepted by the Seller, subject in any case to these conditions, which shall govern the contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or is purported to be made, by the Buyer.
2.3. Any typographical or clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
2.4. If any provision of these conditions is adjudged invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of those provisions in question shall not be affected.
2.5. If the Seller approves of any refunds or cancellations of goods ordered by the Buyer then any sum paid by the Buyer will be refunded or re-credited in the same mode the payment has been made initially to the Buyer’s account and the Seller will notify the Buyer at the address given in the order form. Cheque refund will be made within 10 working days. Other mode of refund will be managed by banks and seller is not liable for any delays. The Seller will not be obliged to offer any compensation whatsoever (including but not limited to compensation for disappointment suffered).

3.    The Price and Payment

3.1. Save as provided otherwise herein the Price shall be that as stipulated in the Seller’s published price list current at the date of order of the Products. Any event of any increase in the cost to the Seller of raw materials, labour, overheads, or any increase in taxes or duties, or any variation in exchange rate the Seller may increase the Price payable under the contract upon written notice. If notice of price increase is given by the Seller, the Buyer shall have the right to cancel the order and receive back any sums they have paid. Notice of cancellation must be received in writing by the Seller within seven days of delivery of the notice of price increase to the Buyer.
3.2. Payment of the Price shall be due at the date of the order. Time for payment shall be of the essence. If the Buyer does not pay the Price on notification of delivery the Seller may bring an action for the Price even though property in the Products has not been passed to the Buyer in which event the Buyer shall become liable to pay the Seller legal costs on an indemnity basis and contractual interest as stipulated herebelow. If the Buyer fails to make payment upon delivery or as required, the Seller may suspend delivery of the Products or any further Products ordered until payment is made in full. Late payment interest shall be chargeable at the rate of 3% per month from seven days after the date of notification of delivery to the date of payment.

4.    The Products

4.1. The quantity and description of the Products shall be set out in the Seller’s quotation.
4.2. The Seller may make any changes in the specification of the Products which do not materially affect their quality or performance.
4.3. Photographs and drawings are for illustrative purpose only, and may not exactly match the product itself.

5.    Purchase Order

5.1. Orders are accepted upon issuance of our purchase order and are subject to the terms set forth therein; notwithstanding any variance from the terms of the buyer’s order form.
5.2. The Seller shall not be liable for any delay or failure to deliver caused by labor or transportation difficulties, accidents, acts of God, failure of sources of supply, or other causes beyond our control, and changes will affect the delivery date.

6.    Change of Orders or Cancellation

6.1. As a courtesy to the clients, the Seller will honor reasonable requests for order changes provided the Buyer bears all of the cost related to such changes, and may be subject to rescheduled delivery dates at the discretion of the Seller.
6.2. Changes or cancellations are subject to the Seller’s ability to conform. A charge will be levied against cancelled or changed orders based on costs already incurred by the Seller. All changes must be in writing and submitted on a revised purchase order. Changes will affect the delivery date

7.    Storage

7.1. If goods cannot be accepted when ready, the seller will store the goods at our warehouse for 1 month. After 1 month, the buyer has to accept risks and storage charges will be charged at S$50 per cubic meter/month.

8.    Warranties and Liability

8.1. There are no express or implied warranties, conditions and obligations of the Seller, whether statutory or otherwise that extend beyond the description on the face hereof. Our sofas and beds’ wooden framework has a warranty of 12 months from the date of delivery. (No warranty will be provided for Lightings, Rugs, Accessories, natural leather/wood/stone and glass surfaces). During the warranty period the Seller will repair or replace such merchandise as shall prove to be defective, during normal usage. Replacement or repair of the Product shall be the sole remedy of the Buyer, and the Seller shall not be liable for any direct, indirect, incidental, or consequential loss or damage suffered by the Buyer by reason of any defect in workmanship or manufacture of the Product or inability to use the Product. Moreover, this warranty does not cover accidental damage, abuse, alteration, ordinary wear and tear of goods, negligence and misuse nor variations over which the Seller has no control such as heat or humidity or damage to which the goods are connected that is not attributable to the failure of the goods themselves. This warranty is null and void when the product is modification or used for a purpose for which it is not intended for.
8.2. Lush offers a wide variety of standard marble and wood finishes and fabrics. Finishes do not mask the grain and other characteristics of each marble and wood species. It is important to understand that pieces of the same type of marble and wood will not look identical. The appearance of the finish will also depend on the natural colour of the veneer as well as grains of the marble. Pin knots and gum pockets are inherent traits. As marble and wood is a naturally variable raw material; its variances are not within Lush’s control and are therefore not considered defects under the warranty. Similarly fabrics may also vary in colour, texture and print and fabric patterns may sometimes not be aligned at the joints. No guarantee can be made of exact match of fabric as displayed in the showroom with fabrics as appearing in the final product.
8.3. Except where the Buyer acts as a Consumer all other warranties, conditions and terms relating to fitness for purpose, satisfactory quality or conditions of the products whether implied by statute or common law or otherwise are excluded to the fullest extent of the law.
8.4. Pursuant to Section 55 of the Sales of Goods Act [Cap 393] all terms and conditions arising by implication of law shall be negative and excluded.

9.    Delivery

9.1. Delivery of the products shall be made by the Seller or his agent notifying the Buyer that the products are available for collection at the Sellers premises or for delivery to such place as the Buyer may specify at the time the order is placed.
9.2. The Seller shall use his reasonable endeavors to meet any date agreed for delivery. If this date cannot be met within 30 days after expiry of the date agreed for delivery the Buyer has the option to cancel the order.
9.3. In any event time of delivery shall not be of the essence.

10.    Acceptance of the Products

10.1. The Buyer shall be deemed to have accepted as provided for in Section 35 of the Sales of Goods Act [Cap 393].
10.2. After acceptance the Buyer shall not be entitled to reject Products which are not in accordance with the contract.
10.3. Sections 35A and 36 of the Sales of Goods Act [Cap 393] have no application and are expressly excluded.

11.    Title and Risk

11.1. Risk of damage to or loss of the Products shall pass to the Buyer upon delivery.
11.2. Notwithstanding any other provision herein title in the Products shall not pass to the Buyer until the Seller has received in cash or clear funds payment in full.
11.3. The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Products which remain the property of the Seller, but if the Buyer does so all moneys owing to the Seller shall (without prejudice to any other right or remedy on the Seller) immediately become due and payable.

12.    Proper Law of Contract This Contract shall be governed by the law of Singapore and any dispute, question or remedy howsoever arising determined exclusively by the Courts of Singapore