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1. About T&C's

1.1 These Terms & Conditions apply when a customer purchases goods or services from Sourced Agency Pty Ltd (“Sourced Agency”, “we”, “us” or “our”). This includes furniture, furnishings, décor, fixtures, custom or made-to-order items, sourcing, procurement, styling, design coordination, delivery, installation and related project services.

1.2 The customer named in the quote, proposal, sales order, invoice or online order is referred to as “you” or the “Customer”.

1.3 These Terms, together with the accepted quote, proposal, scope of works, sales order or invoice, form the agreement between Sourced Agency and the Customer.

1.4 If a signed project agreement or accepted proposal contains terms that conflict with these Terms, the signed project agreement or accepted proposal will apply to the extent of the inconsistency.

1.5 By approving a quote or proposal, paying a deposit or invoice, placing an order or instructing us to proceed, you agree to these Terms.

1.6 The version of these Terms that applies to an order is the version provided or published when the order is accepted.

1.7 Nothing in these Terms excludes, restricts or modifies any right or remedy that cannot legally be excluded, including rights under the Australian Consumer Law.

2. Quotes, Orders and Product Selection

2.1 Quotes are invitations to place an order and remain valid for the period stated in the quote.

2.2 An order is accepted when we confirm acceptance in writing or begin procurement or performance after receiving the required payment.

2.3 We may reasonably decline an order before acceptance, including where:

• a product is unavailable;

• supplier information or pricing has changed;

• information provided in the order is incorrect;

• there is an obvious pricing or description error; or

• we cannot reasonably complete the requested work.

2.4 You are responsible for checking all product descriptions, dimensions, quantities, finishes, colours, access requirements and suitability before approving an order.

2.5 If you have told us that goods or services are required for a particular purpose and you have relied on our advice, your rights under the Australian Consumer Law are not limited by clause 2.4.

2.6 Product images, digital renders, photographs, samples and swatches are indicative only. Screens, lighting, manufacturing processes, production batches and natural materials may result in reasonable variations in colour, grain, veining, texture, size and finish.

2.7 Stock information, lead times and estimated arrival or completion dates are estimates unless we expressly agree to a fixed date in writing.

2.8 Supplier, manufacturing, freight and customs delays may affect product availability and delivery dates.

2.9 Orders containing multiple products may be supplied or delivered in separate instalments.

2.10 You must ensure that your name, contact information, billing details, delivery address and other order information are accurate and notify us promptly of any changes.

3. Prices and Payment

3.1 All prices are in Australian dollars and include GST unless clearly stated otherwise.

3.2 Delivery, installation, storage, assembly, handling, specialist access equipment and other project-related costs are additional unless expressly included in writing.

3.3 The payment schedule will be stated in the relevant quote, proposal, sales order or invoice.

3.4 If no payment schedule is stated, full payment is required before goods are ordered or services commence.

3.5 Deposits secure supplier orders, production capacity and project resources.

3.6 To the extent permitted by law, a deposit may be applied to reasonable costs and supplier commitments already incurred if you cancel an order or project.

3.7 Goods will not be released, delivered or installed until cleared funds for all amounts due have been received.

3.8 Title to goods passes to you only after we have received full payment for those goods and all associated charges.

3.9 If a pricing or scope error is identified before an order is accepted, we will offer you the corrected price or allow the affected order to be cancelled.

3.10 If supplier, freight, duty, currency, site or other external costs change after acceptance, we will discuss the proposed variation with you and obtain approval where required before incurring the additional cost.

3.11 Overdue business-to-business invoices may attract reasonable recovery costs and interest where this is stated in the accepted quote, proposal or invoice and permitted by law.

3.12 Discount codes and promotional offers must be used in accordance with the conditions stated for the relevant promotion. Unless otherwise stated, discounts cannot be applied retrospectively or combined with another offer.

4. Custom, Made-to-Order and Sourced Products

4.1 Custom, made-to-order, specially sourced, altered or personalised goods are ordered or manufactured specifically for you.

4.2 Once a supplier commitment has been made or production has commenced, custom or specially sourced orders generally cannot be changed or cancelled unless required by law or agreed by us in writing.

4.3 Approved drawings, specifications, finish schedules, samples and product selections form part of your order.

4.4 You must carefully check and approve all drawings, dimensions, finishes, quantities and specifications before production or procurement commences.

4.5 Changes requested after approval may affect the price, production schedule and delivery date.

4.6 Handcrafted and natural-material products may contain variations that are inherent characteristics rather than defects. These may include:

• timber grain, knots and colour variation;

• stone and marble veining, pores and natural markings;

• variations in leather grain, texture and colour;

• glaze and finish variation;

• fabric dye-lot variation;

• movement in natural materials; and

• minor dimensional or manufacturing tolerances.

4.7 Where we source goods from a third-party supplier, manufacturer or supplier warranties may also apply.

4.8 We will provide available warranty information and reasonable assistance with a valid claim, without limiting any obligations we have under the Australian Consumer Law.

5. Changes and Cancellation

5.1 A requested change to an order or project is not effective until we confirm it in writing.

5.2 We may issue a variation setting out any revised scope, price, payment requirement, lead time or delivery requirement.

5.3 If you cancel an order or project, you must pay for:

• goods and services already supplied;

• work already completed;

• reasonable costs properly incurred;

• non-refundable supplier commitments;

• custom or made-to-order goods already placed into production; and

• reasonable cancellation, freight or administration costs arising from the cancellation.

5.4 We will not charge more than our actual loss or reasonable costs arising from the cancellation.

5.5 This cancellation clause does not limit any rights that cannot be excluded under the Australian Consumer Law.

5.6 Change-of-mind returns are not available for:

• custom goods;

• made-to-order goods;

• clearance goods;

• altered or personalised goods;

• specially sourced products; or

• products ordered specifically for your project.

5.7 For other unused stock goods, a voluntary return is subject to our written approval and may be subject to disclosed restocking, collection and freight costs.

5.8 The absence of a change-of-mind return does not affect your rights where goods or services are faulty or do not comply with the Australian Consumer Law.

5.9 We may cancel or vary an affected part of an order if:

• a supplier discontinues a product;

• stock becomes unavailable;

• a material or finish cannot be obtained;

• information supplied by a manufacturer changes;

• an event outside our reasonable control prevents supply; or

• the product or service cannot reasonably be supplied as ordered.

5.10 In these circumstances, we may offer:

• a reasonable substitute;

• revised timing;

• a credit, if you agree; or

• a refund of amounts paid for the part of the order that cannot be supplied.

6. Delivery, Access and Installation

6.1 Delivery and installation dates are estimates unless expressly confirmed as fixed dates in writing.

6.2 We will keep you reasonably informed of material delays that become known to us.

6.3 You must provide accurate delivery details and disclose all access restrictions before delivery is booked.

6.4 Access restrictions may include:

• stairs;

• lifts;

• narrow doors or hallways;

• parking restrictions;

• loading-zone requirements;

• construction activity;

• building or body corporate rules;

• restricted delivery hours;

• difficult terrain;

• fire stairs;

• balcony access;

• cranes or balcony lifts; and

• the need for specialist equipment.

6.5 You must ensure safe, lawful and reasonable access to the delivery or installation location.

6.6 You are responsible for obtaining any required building, landlord or body corporate approvals before delivery or installation.

6.7 You must protect floors, walls and surrounding areas where appropriate and ensure an authorised adult is available to receive delivery.

6.8 You are responsible for confirming that goods will fit through all access points and within the intended location.

6.9 If a site inspection or site measure is included within our accepted scope, we will conduct that service with reasonable care and skill based on the access and information made available to us.

6.10 Additional costs caused by inaccurate information, unsafe access, restricted access, waiting time, an aborted delivery, redelivery, specialist equipment or work outside the agreed scope may be charged where those costs are reasonable and disclosed.

6.11 You or your representative should inspect goods at delivery and record visible transit damage, shortages or errors on the delivery documentation where practicable.

6.12 Failure to record visible damage at delivery does not remove your rights under the Australian Consumer Law. However, prompt notification helps us investigate the issue and arrange an appropriate remedy.

6.13 Packaging removal is included only where stated in the accepted order or delivery service.

6.14 Installation is limited to the agreed scope.

6.15 Installation does not include electrical, plumbing, structural, construction or other regulated work unless expressly included and performed by appropriately qualified or licensed persons.

6.16 If you or your representative are not available at the agreed delivery time, reasonable waiting, redelivery or storage charges may apply.

7. Collection, Storage, Title and Risk

7.1 Collection of goods must be arranged in advance.

7.2 If you collect goods, you must provide suitable transport, restraints, equipment and labour to load and secure the goods safely.

7.3 Risk in collected goods passes to you when the goods are collected by you or your nominated carrier, except to the extent that loss or damage is caused by Sourced Agency.

7.4 For delivered goods, risk passes to you when the goods are delivered to the agreed address or installed, if installation is included.

7.5 Ownership of the goods remains with Sourced Agency until all amounts due for those goods have been paid in full.

7.6 If goods are ready but you cannot accept delivery, we may arrange reasonable storage after notifying you.

7.7 You are responsible for disclosed storage, handling and redelivery costs.

7.8 We will take reasonable care of goods stored by us or on our behalf.

7.9 If goods remain uncollected for an extended period, we will provide reasonable written notice and deal with the goods only in accordance with applicable uncollected-goods laws.

8. Product Care and Acceptable Variations

8.1 You must follow all supplier and manufacturer care instructions and use goods for their intended purpose.

8.2 Depending on the product, the following may constitute normal wear or inherent product characteristics rather than manufacturing defects:

• softening or settling of cushion fillings;

• fabric or leather creasing;

• movement in natural materials;

• fading caused by sunlight;

• damage caused by moisture, condensation, mould or mildew;

• salt-air corrosion;

• exposure to chemicals;

• damage caused by spills;

• improper cleaning;

• misuse or abnormal use;

• unauthorised repairs or modifications; and

• a failure to follow applicable care instructions.

8.3 Each issue will be assessed according to its individual circumstances, and your statutory rights remain unaffected.

8.4 Commercial environments may require goods with specific ratings, certifications or performance characteristics.

8.5 Unless these requirements are included in the accepted scope, you must tell us before ordering if products are intended for:

• high-use commercial premises;

• hospitality accommodation;

• hotels or resorts;

• restaurants or food-service environments;

• outdoor or coastal locations;

• healthcare or aged-care environments;

• accessible rooms or facilities;

• fire-regulated areas; or

• another regulated or specialist application.

8.6 We are not responsible for a product failing to meet an undisclosed specialist, regulatory or performance requirement.

9. Australian Consumer Law, Warranties and Claims

9.1 Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.

9.2 For a major failure with goods, you may be entitled to choose a refund or replacement and receive compensation for other reasonably foreseeable loss or damage.

9.3 If a failure with goods is not major, you are entitled to have the failure remedied within a reasonable time.

9.4 For a major failure with services, you may be entitled to cancel the service contract and receive a refund for the unused portion or compensation for its reduced value.

9.5 If a failure with services is not major, you are entitled to have the failure rectified within a reasonable time.

9.6 Any express manufacturer, supplier or Sourced Agency warranty operates in addition to, and does not replace, consumer guarantees under the Australian Consumer Law.

9.7 To make a claim, please contact us promptly and provide:

• proof of purchase;

• your order or invoice number;

• a description of the problem;

• when the problem was first identified;

• photographs or video showing the issue; and

• any other information reasonably required to assess the claim.

9.8 We may reasonably inspect the goods or arrange for the goods to be assessed before determining the appropriate remedy.

9.9 If a claim is valid, a remedy will be provided in accordance with the Australian Consumer Law and any applicable express warranty.

9.10 We will not require you to bear costs that the law requires us to pay.

9.11 Warranty or consumer-guarantee rights are not excluded merely because a manufacturer’s stated warranty period has expired.

10. Services and Project Information

10.1 We will provide our services with due care and skill and in accordance with the accepted scope.

10.2 Our advice, concepts, specifications and selections depend on the information, measurements, approvals, budget and site conditions supplied or made available to us.

10.3 You must provide:

• timely decisions and approvals;

• accurate information;

• accurate plans and measurements where these are supplied by you;

• reasonable site access;

• required building or body corporate approvals; and

• information about applicable regulatory, operational or commercial requirements.

10.4 We are not responsible for delays or additional work caused by missing, inaccurate or late information supplied by the Customer or another person engaged by the Customer.

10.5 We will take reasonable steps to reduce avoidable delays or additional costs.

10.6 Unless included in writing, our services do not include:

• architectural services;

• engineering services;

• building certification;

• structural advice;

• legal advice;

• accounting or tax advice; or

• other regulated professional services.

10.7 Intellectual property in our pre-existing processes, templates, supplier information, systems, methods and know-how remains the property of Sourced Agency.

10.8 Once all relevant invoices are paid, you may use final project-specific deliverables for the project for which they were created, unless otherwise agreed in writing.

10.9 Third-party intellectual property remains subject to the rights and terms of the relevant owner.

11. Liability

11.1 Nothing in these Terms excludes or limits liability where doing so would be unlawful.

11.2 To the extent permitted by law, neither party is liable to the other for indirect or consequential loss that was not reasonably foreseeable when the agreement was made.

11.3 Nothing in clause 11.2 limits liability for:

• fraud;

• wilful misconduct;

• personal injury;

• damage to tangible property caused by negligence;

• breach of confidentiality; or

• an Australian Consumer Law right or remedy that cannot be excluded.

11.4 Where liability for services can legally be limited, our liability is limited, at our option, to:

• supplying the services again; or

• paying the reasonable cost of having the services supplied again.

11.5 Where liability for goods can legally be limited, our liability is limited, at our option, to:

• repairing the goods;

• replacing the goods;

• supplying equivalent goods;

• paying the reasonable cost of repairing the goods; or

• paying the reasonable cost of replacing the goods.

12. Events Beyond Reasonable Control

12.1 A party is not liable for delay or failure caused by an event beyond its reasonable control.

12.2 Such an event may include:

• natural disaster;

• fire;

• flood;

• severe weather;

• epidemic or pandemic;

• government restriction;

• war or civil unrest;

• industrial disruption;

• port closure;

• carrier interruption;

• shipping delay;

• customs delay;

• material shortage; or

• supplier failure outside the party’s reasonable control.

12.3 The affected party must notify the other party within a reasonable time and take reasonable steps to minimise the effect of the event.

12.4 Payment obligations for goods or services already supplied are not suspended.

12.5 If the event prevents a substantial part of the agreement from being completed for an extended period, the parties will discuss a fair variation or cancellation of the affected portion.

12.6 Where goods or services will not be supplied, amounts paid for the unsupplied portion will be refunded, less any reasonable and lawful costs already incurred that cannot be recovered.

13. Privacy and Communications

13.1 We may collect and use personal information to:

• prepare quotes and proposals;

• process orders;

• coordinate suppliers;

• arrange delivery and installation;

• provide services;

• manage customer accounts;

• administer warranties and claims; and

• comply with our legal obligations.

13.2 Our handling of personal information is governed by our Privacy Policy and applicable Australian privacy laws.

13.3 Marketing messages will only be sent where permitted by law.

13.4 You may unsubscribe from marketing communications by using the unsubscribe method provided in the message or by contacting us.

13.5 Transactional communications concerning an order, account, delivery, warranty or project may still be sent after you unsubscribe from marketing communications.

14. General

14.1 These Terms and the accepted order documents constitute the entire agreement concerning the relevant supply, except for representations or rights that cannot lawfully be excluded.

14.2 If any provision of these Terms is invalid or unenforceable, it will be read down to the extent necessary or severed.

14.3 The remaining provisions will continue to apply.

14.4 A delay in exercising a right is not a waiver of that right.

14.5 A waiver must be confirmed in writing.

14.6 Notices may be sent to the physical or email addresses shown in the relevant order documents.

14.7 These Terms and the agreement between the parties are governed by the laws of Queensland, Australia.

14.8 The parties submit to the courts of Queensland and courts entitled to hear appeals from them, subject to any non-excludable right to commence proceedings elsewhere.

15. Definitions

Australian Consumer Law or ACL means Schedule 2 to the Competition and Consumer Act 2010 (Cth).

Business Day means a day other than a Saturday, Sunday or public holiday in Queensland.

Customer means the person, business, company or other entity purchasing goods or services from Sourced Agency.

Custom or Made-to-Order Goods means goods manufactured, altered, finished, personalised or specially procured for the Customer.

Goods means furniture, furnishings, fixtures, décor, materials, samples and other products supplied by Sourced Agency.

Order means the goods and services described in an accepted quote, proposal, sales order, invoice or online order.

Services means sourcing, procurement, design coordination, styling, project support, delivery, installation and other services included in an accepted scope.

Supplier means a manufacturer, wholesaler, distributor, freight provider, installer, contractor or other third party engaged in connection with an order.

16. Sourced Agency Details

Legal entity: Sourced Agency Pty Ltd

ABN: 89 448 696 436 

Customer service email: info@sourcedagency.net

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