Terms and conditions

These Terms and Conditions apply to the exclusion of all others

DEFINITIONS

'Supplier ' means Bloomingdales Lighting Pty Ltd.

Customer means a party to whom the Supplier supplies goods.

Goods means the goods supplied by the Supplier to the Customer.

GENERAL

These Terms and Conditions shall apply to the exclusion of all others (whether on the Customer’s order form or otherwise). No goods or services will be supplied by Bloomingdales on terms and conditions other than those set out herein; by taking delivery of the goods, the Customer shall be deemed to agree to these Terms and Conditions.

TERMS OF PAYMENT

Bloomingdales Lighting Pty Ltd goods are supplied on a wholesale only basis according to the following terms:

a. Approved Credit Account - Strictly net 30 days from invoice date

b. No approved Credit Account - in the absence of an approved credit arrangement, payment for all goods must be made prior to the release of the goods for delivery

c. We reserve the right to withhold supply of goods unless these terms have been met

DELIVERY

Bloomingdales Lighting Pty Ltd goods are delivered throughout Australia and New Zealand with freight payable by the customer, unless otherwise specified.

Bloomingdales Lighting Pty Ltd will make all reasonable effort to have the Goods delivered to the Buyer on the date agreed between the parties but Bloomingdales shall be under no liability whatsoever should delivery not be made on this date.

FREIGHT COSTS

Bloomingdales Lighting Pty Ltd shall not be liable for freight costs on goods returned to Bloomingdales by the Customer.

PRODUCT LIABILITY

a. The Seller’s liability for goods supplied is limited to making good any defects. At the Seller’s discretion, these include replacement of the goods or the supply of equivalent goods or payment of the cost of replacing the goods or acquiring equivalent goods - provided that:

  • The defects have arisen solely from faulty workmanship or materials
  • The goods have not received maltreatment, inattention or interference

b. Except as provided herein, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the goods for any purpose as to design, material or workmanship or otherwise are hereby expressly excluded. The Seller shall not be liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply of the goods or arising out of the Seller’s negligence or in any way whatsoever.

CANCELLATION OF ORDERS

Cancellation of orders must be in writing and received no later than 48 hours before the scheduled shipping date. Please note that any special orders or modified items including Shades/Pendants cannot be cancelled.

Cancelled goods accepted for return by Bloomingdales Lighting Pty Ltd must be returned in their original packaging in a saleable condition with freight payable by the customer along with a return to stock handling charge of 20%.

All goods must be returned by Bloomingdales Lighting Pty Ltd’s preferred carrier where possible.

RETURN OF GOODS

The customer will be deemed to have accepted the goods or services as being in accordance with its order unless it notifies Bloomingdales Lighting Pty Ltd in writing of its claim within 7 days of receipt of the goods.

Bloomingdales Lighting Pty Ltd will accept no return of allegedly defective or faulty goods unless Bloomingdales has given prior written authorization for the return.

Bloomingdales Lighting Pty Ltd shall not be liable for freight costs on goods returned under warranty by the customer.

All goods must be returned by our preferred carrier where possible in suitable packaging for carriage.

Any goods damaged by third party carriers are not returnable.

LIEN

The Customer hereby acknowledges that Bloomingdales Lighting Pty Ltd has a lien over all goods in its possession belonging to the Customer, to secure payment of any or all amounts outstanding from time to time.

TITLE OF GOODS

Property and ownership of any goods supplied will not pass to the purchaser but will remain with Bloomingdales Lighting Pty Ltd until payment is made in full of the purchase price of the goods and all other amounts owing to the Seller by the purchaser.

2. Risk in any goods supplied shall pass at the time of delivery and the purchaser shall insure (and keep insured) the goods.

Until property passes to the purchaser:

a. The purchaser shall hold any goods supplied as fiduciary, bailee and agent for the seller

b. Unless otherwise notified in writing, the purchaser is authorised to sell the goods in the ordinary course of business

c. The proceeds of any goods sold by the purchaser shall be kept in a separate account and shall not be mixed with any other monies including funds of the purchaser

d. The Seller shall have a right to call for the return of any goods supplied and may retake possession of any goods supplied and for that purpose shall have the right by its servants and agents to enter upon the purchaser‘s premises

e. Notwithstanding the provision of any credit facilities to the Seller the purchaser shall pay the purchase price of any goods supplied immediately the goods are on-sold by the purchaser and the proceeds of sale received

LEGAL COSTS

The customer agrees to pay all legal or other costs of the supplier, on a solicitor/client basis.

If any enforcement action is taken by the supplier against the customer pursuant to these terms and conditions of sale:

FORCE MAJEURE

Deliveries may be totally or partially suspended by Bloomingdales Lighting Pty Ltd during any period in which Bloomingdales may be prevented or hindered from delivering by Bloomingdales’ normal means of supply or delivery by normal route through any circumstances outside reasonable control, including but not limited to strikes, lockouts, raw material shortages, accidents or breakdown of plant or machinery. Bloomingdales Lighting shall not be under any liability in respect of such suspension, and in particular Bloomingdales Lighting shall be under no obligation to deliver at any future date any goods not delivered during the period of suspension.

WARRANTY - LIGHTING PRODUCTS

Bloomingdales Lighting Products are guaranteed for 1 year (12 months from Date of Purchase) to be free from defects in workmanship and materials provided the products are used with the correct voltage supply within the range the product is designed to operate in, and are installed correctly by a qualified/licensed Trades person and have not been subject to misuse in any way.

Bloomingdales Lighting Pty Ltd liability under the warranty is strictly limited to the repair or replacement of the faulty product during the warranty period without charge provided the customer returns the product to the place of purchase or as directed by the company.

Bloomingdales will not be liable for charges incurred by the customer unless these charges have been approved in writing beforehand by Bloomingdales.

This warranty does not cover globes supplied separately, or with the product.

WARRANTY - FURNITURE PRODUCTS

Bloomingdales Lighting Pty Ltd’s Furniture Products are guaranteed for 1 year to be free from defects in workmanship and materials provided that the products have not been subject to misuse in any way or as a result of normal wear and tear.

Bloomingdales Lighting Pty Ltd’s liability under the warranty is strictly limited to the repair or replacement of the faulty product during the warranty period without charge provided the customer returns the product to the place of purchase or as directed by the company.

Bloomingdales Lighting Pty Ltd will not be liable for charges incurred by the customer unless these charges have been approved in writing beforehand by Bloomingdales.

The warranty shall become void if the goods are used in an outdoor environment or exposed directly to the sunlight.

No claim will be accepted if any damage is caused by the purchaser by accident, abuse or negligence.

Any damage directly or indirectly caused by unprofessional assembling, unauthorized repair, alteration, modification is not covered under the warranty.

Any damage caused by improper handling such as dragging without lifting or cleaning the product with corrosive solvent or cleaning agents is not covered under the warranty.

The warranty shall become void if any unpacking is solicited by Bloomingdales Lighting Pty Ltd’s freight / transportation company employees. Our freight carriers are expressly instructed not to unpack product on behalf of end-customers.

The purchaser must at his/her expense return to the retailer or to an office of the company, the defective goods with proof of purchase. The company reserves the right to determine whether the goods shall be repaired or replaced.

Any return or claims process must be accompanied with photographic reference of the faulty item.

Bloomingdales reserves the right to charge for any service not covered by this warranty.

GOODS AND SERVICES TAX

Should any Goods & Services Tax as levied under the Tax System (Goods & Services Tax) Act 1999 (as amended) and any other tax, fee, levy or duty imposed by any competent authority be payable on any of the Goods supplied by the Company, such tax, fee levy or duty will be to the Purchaser’s account and shall be calculated using the rates and methods of assessment in force at the time of Delivery. The Purchaser is liable for any other applicable tax, including, without limitation, withholding tax.

CHANGE OF OWNERSHIP

The Customer agrees to notify Bloomingdales Lighting Pty Ltd in writing of any change of ownership of the Customer’s Business within 7 days from the date of such change and indemnifies Bloomingdales against any loss or damage incurred by it as a result of the Customer’s failure to notify of any change.

ALTERATION TO TERMS AND CONDITIONS OF TRADE

Bloomingdales Lighting Pty Ltd may, at any time and from time to time, alter these Terms and Conditions of Trade.

PLEASE NOTE

We reserve the right to change our prices and to modify product design without prior notice.