Terms & Conditions of Sale
Version 6.0, effective 1 September 2026.
Contents
- Document details
- Quick reference
- 01About these Terms
- 02Definitions
- Part A · Ordering and payment
- 03Quotes
- 04Customer purchase orders and procurement portals
- 05Orders
- 06Payment
- 07Currency, bank fees and taxes
- 08Cancellations, returns and refunds
- 09Custom Goods
- 10Samples, demonstration and loan Goods
- 11Changes to Orders
- 12Lead times
- Part B · Product, use and safety
- 13Product descriptions, samples and material variation
- 14Customer-supplied materials or specifications
- 15Use, care and maintenance
- 16Food safety and food-contact use
- 17Appliances and third-party components
- 18Product safety, incidents and recalls
- 19Spare parts and discontinued products
- Part C · Delivery and international
- 20Freight and delivery
- 21Delivery exclusions
- 22Site access and readiness
- 23Installation, supervision and training
- 24Storage
- 25Title, risk and security interest
- 26Inspection on delivery
- 27International sales
- 28Export controls and sanctions
- Part D · Warranty and liability
- 29Warranty
- 30Australian Consumer Law
- 31Limitation of liability
- Part E · General
- 32Intellectual property
- 33Project images and marketing
- 34Confidentiality
- 35Privacy and email marketing
- 36Force majeure
- 37Suspension and termination
- 38Notices
- 39Assignment and subcontracting
- 40Governing language
- 41Severance
- 42Entire agreement
- 43Governing law
- Schedule 1Freight terms
- Schedule 2Warranty and delivery claims
- Schedule 3International responsibilities
Document details
These Terms govern the quotation, sale and supply of DFH Studio products and related services.
Quick reference
| Area | Position |
|---|---|
| Quotes | Valid for the period stated in the Quote; otherwise 30 days. |
| Orders | Accepted only when DFH confirms in writing (see clause 5). |
| Payment | 50% Deposit before procurement or production; balance before dispatch unless agreed otherwise. |
| Lead times | Commence only when Deposit, approvals, finishes, drawings and Site information are complete. |
| Delivery | Freight included only where stated. Delivery exclusions are set out in clause 21. |
| International | Customer is importer of record and handles destination-country compliance, duties, taxes, demurrage and local installation unless DFH expressly agrees otherwise. |
| Custom Goods | No change-of-mind cancellation or return once procurement, production or allocation has commenced, except as required by law. |
| ACL | Nothing in these Terms excludes rights that cannot be excluded under the Australian Consumer Law. |
01About these Terms
These Terms apply to all quotations, orders, sales, supply of goods, freight, delivery, product support, training, customisation and related services provided by DFH Studio.
By requesting a quote, placing an order, issuing a purchase order, paying a deposit or invoice, or otherwise confirming an order in writing, the Customer agrees to these Terms.
If there is any inconsistency between these Terms and a Quote or Order Confirmation issued by DFH, the Quote or Order Confirmation prevails to the extent of the inconsistency.
DFH may update these Terms from time to time, upon giving reasonable notice to its ongoing customers. The Terms that apply to an Order are the Terms in effect when the Order is accepted.
02Definitions
ACL means the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth).
Customer, you or your means the person or entity requesting a Quote or placing an Order with DFH, including any venue, procurement company, agent, contractor or consultant.
Custom Goods means Goods that are made, procured, finished, configured, modified or specially ordered to the Customer’s requirements.
Sales Information Form (SIF) means DFH’s form recording Site access and delivery requirements.
DFH, we, our or us means DFH Studio Pty Ltd trading as DFH Studio.
Goods means all products supplied by DFH, including bricks, bridges, plinths, trays, jars, inserts, platforms, appliances, storage carts, accessories, samples, replacement parts and Custom Goods, whether or not of a type listed above.
Order means an order placed by the Customer and accepted by DFH under clause 5.
Order Confirmation means written confirmation issued by DFH confirming the details of an accepted Order.
Quote means a quotation or proposal issued by DFH for Goods or Services.
Services means any services supplied by DFH, including product advice, configuration support, delivery coordination, installation supervision, training and project support.
Site means the delivery, installation, storage or operating location nominated by the Customer.
Specifications means the product details, dimensions, finishes, materials, quantities, drawings, renders, colours, configurations and technical requirements stated in a Quote, Order Confirmation or other written document issued by DFH.
GST means goods and services tax as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Part AOrdering and payment
03Quotes
A Quote is valid for the period stated in the Quote; otherwise 30 days.
Prices are based on the information available to DFH at the time of quoting. If the Customer changes the scope, quantities, materials, finishes, delivery requirements, Site details or project timing, DFH may issue a revised Quote.
Unless stated otherwise, prices exclude GST and other applicable taxes, freight, delivery, customs duties, import taxes, unloading, unpacking, installation, electrical or plumbing works, rubbish removal, training and Site-specific costs.
04Customer purchase orders and procurement portals
Any purchase order terms, procurement terms or supplier portal terms submitted by the Customer are excluded and do not apply unless expressly accepted by DFH in writing. DFH’s upload of documents to, or acknowledgement of, a portal does not constitute acceptance of the Customer’s terms.
If the Customer requires DFH to use a procurement portal, the Customer remains responsible for ensuring portal information is accurate and consistent with the Quote and Order Confirmation.
05Orders
An Order is accepted only when DFH confirms the Order in writing — by issuing an Order Confirmation or by acknowledging receipt of the Deposit in writing. Payment of a Deposit alone does not constitute acceptance until acknowledged by DFH.
The Customer is responsible for checking that all quantities, materials, finishes, Specifications, delivery details, billing details and Site requirements in the Quote or Order Confirmation are correct before the Order is accepted.
Where an Order is placed by a procurement company, agent, designer, contractor or consultant, that party warrants that it has authority to place the Order and bind the Customer.
DFH may decline an Order before confirmation of the Order as set out above for reasons, including stock availability, supplier constraints, pricing error, incomplete information or compliance concerns. Once accepted, an Order may only be changed or cancelled in accordance with these Terms.
06Payment
Unless otherwise agreed in writing, a Deposit of 50% of the Order price is payable before DFH commences procurement, production, customisation or allocation, and the balance is payable before dispatch, delivery or collection.
DFH is not required to commence or continue work, procure materials, manufacture, allocate stock or dispatch Goods until all required payments have been received.
If the Customer does not pay an amount when due, DFH may suspend production, procurement, delivery or Services and withhold delivery. DFH may charge the costs set out in clause 24.
Payment of a Deposit does not transfer title in the Goods (see clause 25).
07Currency, bank fees and taxes
Prices are stated in the currency shown in the Quote. The Customer is responsible for bank fees, intermediary charges, exchange costs and any shortfall caused by currency conversion or payment deductions.
The Customer is responsible for all taxes, duties, tariffs, levies, customs and import charges in connection with the Order, except to the extent expressly included in the Quote. If the Customer is required by law to withhold an amount from payment, the Customer must gross up the payment so DFH receives the full invoiced amount, unless prohibited by law.
For DDP or similar freight arrangements, the Quote will state exactly which duties, taxes and charges are included.
08Cancellations, returns and refunds
DFH does not accept cancellations, returns or refunds for change of mind, incorrect selection, project changes, over-ordering or changes in the Customer’s requirements, except where agreed by DFH in writing.
For Custom Goods, DFH may decline cancellation once procurement, production, customisation or allocation has commenced.
If the Customer cancels an accepted Order, DFH may retain from any amount paid the reasonable costs, losses and expenses incurred in connection with the Order, including design, administration, procurement, production, supplier, freight, storage and third-party costs.
If Goods are damaged, faulty, incorrectly supplied or do not meet an applicable consumer guarantee, DFH will assess the issue and provide any remedy required by law.
Nothing in this clause limits any rights the Customer may have under the ACL.
09Custom Goods
The Customer must review and approve all relevant Specifications, drawings, renders, finishes, materials, quantities and custom details before production or procurement begins. DFH is not responsible for errors in details approved by the Customer, unless the error was caused by DFH.
10Samples, demonstration and loan Goods
Where DFH provides samples, demonstration units or Goods on loan, those Goods remain DFH’s property at all times, and risk in them passes to the Customer while they are in the Customer’s possession or control.
The Customer must keep loaned Goods in good condition, use them only for evaluation or demonstration purposes, and return them in their original condition (fair wear excepted) on request. DFH may charge the Customer the replacement cost of loaned Goods that are lost, damaged or not returned.
11Changes to Orders
Any request to change an accepted Order must be made in writing. DFH may accept or reject a change request depending on production status, supplier commitments, availability and project timing.
If DFH accepts a change, the Customer must pay any additional costs resulting from it, and the change may affect price, lead time, delivery, Specifications or warranty. DFH may issue a revised Quote, invoice or Order Confirmation to reflect the change.
12Lead times
Lead times are estimates only unless DFH expressly confirms a fixed date in writing.
Lead times commence only when DFH has received all information, approvals and payments required to proceed, including the Deposit; signed drawings or Specifications where applicable; confirmed quantities, materials, finishes and custom details; and completed delivery and Site information (including the SIF where required).
Lead times do not include freight transit, customs clearance, Site access delays, installation, unpacking, commissioning or training unless expressly stated in the Quote.
DFH will use reasonable endeavours to meet estimated lead times but is not liable for delay caused by supplier delay, material shortage, freight disruption, customs delay, incomplete Customer information, late approvals, payment delay, Site access issues or force majeure events.
Part BProduct, use and safety
13Product descriptions, samples and material variation
Samples, images, renders, drawings, swatches, display units and website imagery are provided as guides only.
Natural materials, glass, timber, resin, stone, stainless steel and electroplated finishes may vary in colour, grain, tone, texture, reflectivity, pattern and character between batches and components.
Minor variations in dimensions, finish, tone, texture, manufacturing method, packaging, fittings or construction may occur, and DFH may make minor changes to Specifications where reasonably required for manufacturing, safety, availability, supply, compliance or performance — in each case provided the change does not materially reduce the quality, function or intended use of the Goods. DFH will discuss material changes with the Customer before supply where reasonably practicable.
14Customer-supplied materials or specifications
If the Customer or its designer, consultant, contractor or agent supplies materials, finishes, measurements, drawings, specifications or site information, the Customer is responsible for their accuracy, suitability and completeness, and DFH is not responsible for defects, delays, additional costs or incompatibility they cause.
DFH may decline to use any Customer-supplied material, finish or specification that DFH considers unsuitable, unsafe, non-compliant or inconsistent with the intended use of the Goods.
15Use, care and maintenance
The Customer must use, assemble, clean, move, store and maintain the Goods in accordance with DFH's product instructions, care guides, appliance manuals, safety warnings, load limits, configuration guides, approved assembly methods and training materials, and must ensure staff using the Goods are trained in safe handling and operation.
The Customer must not: overload the Goods or exceed stated load limits; use them on unstable or unsuitable surfaces, in unsupported configurations, or outside their intended purpose; use unsuitable cleaning chemicals or abrasive materials; modify the Goods or combine them with non-DFH components without DFH's written consent; use damaged Goods; expose Goods to unsuitable heat, moisture, chemicals or weather; or relocate Goods without suitable packing and handling.
DFH is not responsible for damage, failure or injury caused by misuse, incorrect assembly, overloading, unapproved or unsupported configurations, unsuitable cleaning, unauthorised modification, combination with third-party products, failure to follow instructions, ordinary wear and tear, or use outside the stated purpose of the Goods, except to the extent caused by DFH's negligence, breach of these Terms or breach of law.
If the Customer requires a project-specific configuration, the Customer should request written confirmation from DFH before use.
16Food safety and food-contact use
The Customer is responsible for using the Goods in accordance with all applicable food safety, hygiene, cleaning, storage and handling requirements at the Site. Only components expressly identified by DFH as suitable for direct food contact should be used for direct food contact.
Unless expressly stated in the Quote, DFH does not provide food safety, HACCP, venue operations or regulatory compliance advice, and is not responsible for contamination, food safety incidents, hygiene failures or allergen issues except to the extent caused by DFH’s breach of law, negligence or breach of these Terms.
17Appliances and third-party components
Appliances, electrical items and third-party components may be subject to separate manufacturer manuals, warranties and safety requirements. Third-party manufacturer warranties apply to third-party goods to the extent provided by the manufacturer.
The Customer must not connect or operate any electrical appliance until it has been checked and, where required, installed by an appropriately qualified person in the relevant jurisdiction, and must ensure all electrical, plumbing, building or ventilation works required for the Goods are performed by qualified persons in compliance with applicable laws. DFH is not responsible for such works unless expressly included in the Quote.
Nothing in this clause limits any rights the Customer may have under the ACL.
18Product safety, incidents and recalls
The Customer must notify DFH promptly in writing of any actual or suspected product safety issue, defect, injury, property damage, near miss, regulatory inquiry or complaint involving the Goods, and must preserve relevant Goods, packaging, photographs and records so DFH can assess the issue.
DFH may request information, inspect Goods, conduct testing, issue product notices, provide corrective action or take other steps reasonably required. If DFH reasonably determines that a product notice, corrective action or recall is required, the Customer must cooperate and provide reasonable assistance.
The Customer must not make public statements or admissions on behalf of DFH about a product safety issue without DFH’s prior written consent, except where required by law.
19Spare parts and discontinued products
DFH may change, improve or discontinue Goods, components, materials or finishes from time to time. DFH will use reasonable endeavours to support replacement parts for a reasonable period but does not guarantee indefinite availability. Replacement parts may differ from original parts where materials, finishes or suppliers have changed, provided the replacement is reasonably suitable for the intended function.
Part CDelivery and international
20Freight and delivery
Freight is included only where stated in the Quote.
DFH may require a completed Delivery Information Form before quoting freight or dispatching Goods. Freight pricing and delivery arrangements are based on the information provided by the Customer, including all Site restrictions and delivery requirements (loading dock access, height restrictions, booking and security requirements, lift access, tailgate or forklift requirements, delivery time restrictions, venue access rules, stairs, ramps and narrow access points).
Additional costs caused by incomplete or inaccurate delivery information, a failed delivery attempt or Site delays are payable by the Customer in accordance with clause 24.
Delivery dates are estimates unless DFH expressly confirms a fixed delivery date in writing.
DFH may make partial or split deliveries and will notify the Customer where reasonably practicable, including which Goods are in each delivery and any known effect on timing, freight or Site access.
Risk in the Goods is dealt with in clause 25.
Unless otherwise stated, freight terms have the meanings set out in Schedule 1.
21Delivery exclusions
Unless expressly included in the Quote, delivery excludes: unloading; unpacking or uncrating; movement of Goods through the Site; placement or assembly; installation; electrical, plumbing, joinery or building works; rubbish or crate removal; product training; installation supervision; Site access equipment (forklifts, cranes, pallet jacks, additional labour); after-hours delivery; and Site induction or venue access costs.
These services may be quoted separately where available.
22Site access and readiness
The Customer must ensure the Site is safe, accessible and ready to receive the Goods at the agreed delivery time, and that the Goods are suitable for the Site, access path, storage location and intended use, unless DFH has expressly accepted responsibility for that assessment in writing.
If the Site is not ready or accessible at the agreed time, the Customer must pay the resulting costs set out in clause 24. DFH may refuse to deliver or provide Services at a Site it reasonably considers unsafe, inaccessible or not ready.
23Installation, supervision and training
DFH provides installation, supervision or product training only where expressly stated in the Quote. Installation supervision is limited to supervising or guiding setup; training is limited to general handling, usage, care and maintenance — in each case unless the Quote states otherwise.
The Customer remains responsible for Site safety, staff supervision, operational and food safety procedures and day-to-day use of the Goods. DFH may use third-party contractors; where installation or Site works are performed by parties other than DFH, the Customer must ensure those parties are qualified, licensed and insured.
24Storage
If Goods are ready and the Customer does not pay the balance, collect the Goods, accept delivery or provide delivery instructions within 14 days of notice from DFH, DFH may charge the Customer reasonable storage, handling, administration, redelivery and freight costs (at actual cost plus reasonable administration), and may move Goods to a third-party facility at the Customer’s cost. These costs also apply to a suspension under clause 06.
The Customer must also pay reasonable storage, handling, administration, redelivery and waiting time costs arising from incomplete or inaccurate delivery information, a failed delivery attempt, Site access restrictions, or the Site not being ready or accessible at the agreed delivery time.
Storage of Goods by DFH or a third party does not transfer risk back to DFH where risk has already passed to the Customer. International port and demurrage charges are addressed in clause 27.
25Title, risk and security interest
Title in the Goods passes to the Customer only when DFH has received payment in full for the relevant Goods.
Risk in the Goods passes to the Customer on the earliest of: delivery to the Customer or Site; collection by the Customer or its nominated carrier; or attempted delivery where the Customer is unable or unwilling to accept delivery.
Until title passes, the Customer must not sell, transfer, encumber or otherwise deal with the Goods inconsistently with DFH’s ownership, must store the Goods so they are identifiable as DFH’s, and must permit DFH to enter the Site to recover the Goods if payment is not made when due.
The Customer acknowledges that these Terms create a security interest in the Goods (and their proceeds) for the purposes of the Personal Property Securities Act 2009 (Cth), and that DFH may register that interest on the PPSR. The Customer must do anything reasonably required by DFH to enable registration and perfection of the security interest, and waives the right to receive notices under the PPSA to the extent permitted by law.
26Inspection on delivery
The Customer must inspect the Goods promptly on delivery or collection and notify DFH of any visible damage, shortage or incorrect item within 7 days, via DFH’s nominated notification process — including any QR code or online submission process provided with the delivery — or in writing to DFH’s nominated email address.
Notification should include photographs, delivery documents, packaging details and order details. The Customer must not dispose of packaging or damaged Goods until DFH has had a reasonable opportunity to inspect.
Failure to notify within 7 days may affect the Customer’s ability to claim for transit damage, shortage or incorrect supply. This clause does not limit any rights the Customer may have under the ACL.
27International sales
Where Goods are supplied outside Australia, the Customer is the importer of record unless otherwise stated in the Quote, and is responsible for: all import permits, customs clearance, inspections, certifications and approvals (in addition to the duties, taxes and tariffs the Customer is responsible for under clause 7); confirming that the Goods comply with any local product, electrical, food-contact, fire, hygiene, building or venue requirements; and ensuring installation, connection or commissioning is carried out by appropriately qualified persons under local law.
Appliances and third-party components may be manufactured to Australian, international or manufacturer standards as stated in the Quote or product documentation. The Customer must confirm suitability for the destination country before placing an Order. Unless expressly stated in writing, DFH does not warrant that the Goods comply with every law, standard or approval requirement in every country where the Customer may import or use them.
DFH is not liable for delay, detention, seizure, rejection, additional cost or non-delivery caused by customs or border authorities, import restrictions, missing permits, unpaid duties or taxes, port congestion, or acts or omissions of the Customer, its freight forwarder, customs broker or local authority.
Nothing in these Terms excludes any mandatory law of the destination country that cannot lawfully be excluded.
Demurrage, detention and port storage
The Customer is responsible for all demurrage, detention, port and terminal storage, container detention, customs examination fees, holding and redelivery charges incurred after the Goods arrive at the destination port, airport, terminal or nominated destination, except to the extent caused solely by DFH’s breach of these Terms. This includes charges caused by delayed customs clearance, unpaid duties or taxes, missing import documents, delay by the Customer’s broker or forwarder, failure to accept delivery, Site access issues, or delay returning containers.
Where DFH or its carrier is charged any such amount, the Customer must reimburse DFH on demand.
28Export controls and sanctions
DFH may refuse, suspend or cancel an Order where DFH reasonably considers supply may breach sanctions, export controls or trade restrictions. The Customer must not request or facilitate supply to any person, entity, vessel, country or end use subject to such restrictions, and must provide information reasonably requested by DFH to assess compliance. DFH is not liable for delay or cancellation resulting from export controls, sanctions or customs holds.
Part DWarranty and liability
29Warranty
Any DFH commercial warranty is provided in addition to, and does not limit, the Customer's rights under the ACL. Any warranty-against-defects document issued by DFH will include the wording required by the ACL.
Unless otherwise stated in the Quote or Warranty Schedule, DFH warrants that DFH-manufactured Goods will be free from defects in materials and workmanship for two years from the date of delivery. Appliances and third-party components (which are not manufactured by DFH) are covered by the relevant manufacturer's warranty (see clause 17).
The DFH commercial warranty does not apply to: ordinary wear and tear; misuse, abuse or negligence; incorrect assembly or installation by others; unsuitable Site conditions; failure to follow care instructions; improper cleaning or abrasive chemicals; excessive water, heat, sunlight, salt air or chemical exposure; unauthorised modification or repair; overloading; accidental damage or damage during relocation; damage caused by third-party works; glass breakage caused by external events; natural variation in colour, tone, texture, grain or finish; or use outside the stated purpose of the Goods.
To make a warranty claim, the Customer must notify DFH as soon as reasonably practicable via the process in Schedule 2. DFH may inspect or assess the Goods before determining a claim. If DFH accepts a claim, DFH may repair or replace the relevant Goods, resupply the relevant Services, or provide another remedy required by law; replacement lead times may apply. If a claim is not accepted, DFH may charge reasonable inspection, freight and administration costs where permitted by law.
DFH will not be liable for loss, damage, claims, costs and expenses arising from any of the matters set out in clause 15, or from unsafe Site conditions, incorrect installation by others, Customer-supplied materials or specifications, or breach of these Terms or of law by the Customer — except to the extent caused by DFH's negligence, breach of these Terms or breach of law.
30Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the ACL or any other law that cannot be excluded. If the Goods or Services fail to meet a consumer guarantee, the Customer may be entitled to a remedy under the ACL.
Where it is lawful to do so, DFH’s liability for breach of a consumer guarantee is limited to repair, replacement, supply of equivalent goods or payment of the cost of repair or replacement (for goods), or resupply or the cost of resupply (for services). Where the ACL requires a different remedy, DFH will provide the remedy required by law.
31Limitation of liability
To the maximum extent permitted by law, DFH’s liability arising out of or in connection with these Terms, the Goods or the Services is limited to the resupply, repair or replacement of the relevant Goods or Services, or the cost of doing so.
To the maximum extent permitted by law, DFH is not liable for indirect or consequential loss, loss of profit, revenue, opportunity, goodwill or use, business interruption, project delay or reputational loss.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law, or DFH’s liability to the extent caused by DFH’s fraud or wilful misconduct.
Part EGeneral
32Intellectual property
All intellectual property in DFH’s products, designs, concepts, drawings, renders, specifications, configurations, images, documents, prototypes, samples, systems, branding and materials remains owned by DFH or its licensors. No intellectual property rights are transferred to the Customer except as expressly stated in writing.
The Customer must not copy, reproduce, reverse engineer, modify, manufacture, procure, imitate or commercially exploit any DFH product, design, drawing, render, specification, sample, prototype or system, and must not provide DFH materials to any third party for that purpose, without DFH’s prior written consent.
33Project images and marketing
DFH will not use the Customer’s name, logo, venue images or project details in marketing without the Customer’s prior written consent. Unless otherwise agreed, DFH may use non-confidential product images that do not identify the Customer, venue or project.
The Customer must not use DFH’s name, logo, product images, drawings, renders or marketing materials without DFH’s prior written consent, except as reasonably required for internal project purposes.
34Confidentiality
Each party must keep confidential any non-public commercial, technical, design, pricing, project or business information disclosed by the other party. Confidential information may be disclosed only with consent; to employees, contractors or advisers who need to know it for the Order; where required by law; or where already public other than through breach of these Terms. This clause survives completion, cancellation or termination of an Order.
35Privacy and email marketing
DFH handles personal information in accordance with its Privacy Policy and may collect and use personal information for enquiries, quotes, orders, delivery, accounts, warranty claims, product support, marketing and related business purposes. The Customer must ensure any personal information it provides to DFH has been collected and disclosed lawfully. Marketing communications will include an unsubscribe option where required by law.
36Force majeure
DFH is not liable for delay or failure to perform caused by events beyond its reasonable control, including supplier delay, material shortage, freight disruption, customs delay, industrial action, natural disaster, pandemic, government action, war, civil unrest, power or technology failure, fire, flood, port congestion, border closure or Site access restriction. DFH will use reasonable endeavours to notify the Customer and resume performance when reasonably able. A force majeure event does not affect the Customer’s obligation to pay amounts already due.
37Suspension and termination
DFH may suspend or terminate an Order by written notice if the Customer: fails to pay an amount when due; fails to provide required information or approvals; is insolvent; or breaches these Terms and does not remedy the breach within a reasonable time after notice. DFH may also suspend or terminate where DFH cannot reasonably supply the Goods due to supplier, production, compliance or safety issues, or where a force majeure event prevents supply for an extended period.
If DFH terminates due to Customer breach, the Customer must pay DFH all reasonable costs, losses and expenses incurred in connection with the Order up to termination. Termination does not affect rights or obligations that accrued before termination.
38Notices
Notices under these Terms must be in writing and sent by email or any other method agreed by the parties. A notice sent by email is taken to be received when it leaves the sender’s email system, unless the sender receives an automated delivery failure notice.
39Assignment and subcontracting
The Customer must not assign or transfer its rights or obligations under these Terms without DFH’s prior written consent. DFH may subcontract any part of the supply of Goods or Services, including freight, installation, storage, manufacturing, finishing, delivery or product support.
40Governing language
These Terms are prepared in English. If any document is translated, the English version prevails to the extent of any inconsistency, unless prohibited by mandatory law.
41Severance
If any part of these Terms is invalid, unlawful or unenforceable, that part is severed to the extent required and the remaining Terms continue in force.
42Entire agreement
These Terms, together with the Quote, Order Confirmation, invoice and any written documents expressly incorporated by DFH, form the entire agreement between the parties for the relevant Order. The Customer has not relied on any representation not expressly included in those documents, except where reliance cannot be excluded by law.
43Governing law
These Terms are governed by the laws of Victoria, Australia, and the parties submit to the courts of Victoria and the Commonwealth courts of Australia.
Schedule 1Freight terms
The Quote or Order Confirmation will state the applicable freight mode.
| Freight mode | Meaning |
|---|---|
| Ex-Factory / Ex Works | Customer collects from DFH’s nominated premises and is responsible for freight, insurance, customs, taxes and delivery from that point. |
| FOB | DFH arranges transport to the nominated Australian port or airport. Customer is responsible from that point unless otherwise stated. |
| CIF | DFH arranges transport and insurance to the nominated destination port or airport. Customer handles clearance, duties, taxes and delivery from that point. Demurrage, detention and port storage are excluded unless expressly stated in the Quote. |
| DAP | DFH arranges delivery to the nominated destination. Customer handles import duties, taxes, unloading, Site access and local charges. Demurrage, detention and port storage are excluded unless expressly stated in the Quote. |
| DDP | DFH arranges delivery and includes only the duties, taxes and delivery costs expressly included in the Quote. Unloading, unpacking, installation and training are excluded unless stated. The Customer remains responsible for demurrage, detention, storage or local charges caused by Customer delay, Site access issues or failure to accept delivery. |
| Delivery to Site — Australia | DFH arranges delivery to the nominated Australian Site. Unloading, unpacking, placement, installation, rubbish removal and training are excluded unless stated. |
Schedule 2Warranty and delivery claims
To make a delivery inspection report, warranty claim or defect claim, the Customer should use the QR code or online submission process provided with the delivery, or email DFH at: service@dfh-studio.com
The Customer should include:
- Customer name and venue or project name;
- Order number or invoice number;
- delivery date;
- description of the issue;
- photos or videos;
- details of how the Goods were used, cleaned, stored and maintained;
- whether the Goods have been moved, modified, repaired or installed by others; and
- any relevant delivery documents or carrier notes.
DFH may request further information, inspect the Goods, request return of the Goods, or arrange third-party assessment before determining the appropriate remedy.
Schedule 3International responsibilities
| Item | Default responsibility |
|---|---|
| Importer of record | Customer, unless DFH expressly agrees otherwise. |
| Import permits and customs clearance | Customer, unless the Quote expressly includes them. |
| Duties, tariffs and taxes | Customer, unless the Quote expressly includes them. |
| Local electrical approval; voltage and plug type | Customer to confirm before Order, unless DFH expressly includes certification. |
| Food-contact and hygiene compliance | Customer to confirm destination-country requirements unless DFH expressly accepts responsibility. |
| Local installation and licensed trades | Customer. |
| Freight insurance | As stated in the Quote or freight mode. |
| Demurrage, detention and port storage | Customer, unless expressly included in the Quote. |
| Warranty logistics outside Australia | Confirm per Quote. |