1. LAY BY AGREEMENT & FMB CONDITIONS
(a) This Agreement is supplemental to Funky Monkey Bar’s (FMB) Terms and Conditions (the “Conditions”). The Conditions form part of this Agreement and the definitions contained in the said Conditions shall apply to this Agreement.
(b) The Purchaser acknowledges it has been provided a copy of the Conditions and accepts the same.
The parties agree the particulars of this Agreement are as follows:
Deposit: 20% immediately at time of order
Term: 12 Months Maximum
Instalments: Monthly equal instalments
calculated over the term choosen
First Payment Due: One month after deposit date, then monthly thereafter on the same date
Administrative Fees: $50.00 plus GST
Termination Fees: $200.00 plus GST
3. PRODUCT ORDER
(a) This Lay By Agreement may only be used for Orders over $1,000.00.
(b) The Price shall be as stated on Your invoice and shall not vary, even if the Products go on sale during the Term of this Agreement.
(c) You may order Products in stock at the date of the Lay By commencing and if in stock, we will store the Products at our warehouse until paid in full. Payment of the Deposit secures the Stock on hand for You.
(d) If You are lay-bying a pre-order Product, We will advise You when the said Products have arrived at our warehouse.
(e) You may swap out a Product once only, with such swap limited to one colour change for the frame OR accessory swap. Further changes to the Order will incur an Administrative Fee, plus any change in Product value. If a swap results in a credit to You, this will be credited off the amount owed for the Lay-By account.
(f) Upon full payment being made by You, We will deliver the Products (and Services, if relevant) in accordance with our Conditions. Usually, delivery for local (WA Metro area) orders would be made with a few days after full payment is received. Delivery outside of the WA Metro area may be 2-3 weeks delivery from full payment.
(g) Shipping costs will be calculated at the time of the Order and those costs will form part of the overall invoice and lay-by amount payable.
(h) We bear no liability to deliver an Order at or by any specific time. Delivery time frames provided at the time of Order confirmation are estimates only and Funky Monkey Bars has no responsibility if delivery times are inaccurate or delayed.
4. TERMINATION / CANCELLATION
(a) You can terminate this Agreement at any time before making full payment for the Products and taking delivery of the Products.
(b) If You cancel the lay-by, We will refund you all monies paid, less the Termination Fees.
(c) If You cancel the lay-by, to take advantage of a reduced sales price or offer, We will refund you all monies paid todate , less the Termination Fees.
(d) We may terminate this Agreement if you fail to pay the prescribed instalments within three (3) business days of any payment required. If your Agreement is terminated we will refund you all monies paid to date less the termination fee.
(e) If a Product becomes unavailable due to no fault of Ours, We may offer You a substitute (by Agreement) or terminate this Agreement. In this instance, no Termination Fee will be payable by You.
(f) To terminate this Agreement, please contact us in writing.
FAIR TRADING ACTS AND ACL
(a) Nothing in this Agreement is intended to have the effect of contracting out of any applicable provisions of the Commonwealth Trade Practices Act 1974, the Competition and Consumer Act 2010 (Cth), the ACL or the Fair Trading Acts in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.
(b) This Agreement shall be varied so far as is necessary to comply with any relevant legislation, to the extent required to comply with the law only and the remainder of this Agreement shall remain.
1. You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Us to You, the Third Party Customer, the Owner or any other person under or in connection with this Agreement, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise providing that such loss or damage has not resulted from Our breach of this Agreement or Our negligent acts.
2. Our liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, general and special damages and consequential and incidental loss.
Subject to any express consent in writing of any of the parties no waiver by any party or any default in the strict and literal performance of, or compliance with, any provision, condition, or requirement of this Agreement shall be deemed to be a waiver of strict and literal performance of, and compliance with, any other provision, condition or requirement, nor to be a waiver of, or in any manner release of, any other party from strict compliance with any provision or requirement in the future or in any manner impair the exercise of any such rights accruing to it.