IHS Terms & Conditions of Quotation and Sale
Welcome and thank you for choosing the IHS experience!
To ensure it is a memorable one, please read our Terms & Conditions thoroughly and feel free to speak with one of our Sales Consultants if you have any further questions.
IHS products are renowned worldwide for their ingenuity, superior operation and unparalleled performance; we look forward to helping you elevate your operation through these qualities.
Definitions and Interpretation
- IHS Global Alliance Pty Ltd ABN 20 106 528 689 (also trading as “IHS Global Alliance Limited”, “IHS Global Alliance LLC” and "IHS Global Alliance Furniture Trading L.L.C"), of 125 Henderson Road, Rowville Victoria Australia 3178 (“IHS Global Alliance”), carries on business from its Australia (Victoria) head office and offices globally.
- The IHS Global Alliance logo and words are registered trademarks and are not to be used by any other persons or businesses.
- In these terms:
- “IHS”, we”, “our”, and “us” means IHS Global Alliance Pty Ltd;
- “You”, “user”, “buyer”, and “purchaser” means the person or entity enquiring about our products or placing an order for the products specified in the quote.
- A reference to the "website" means www.ihsglobalalliance.com;
- “Goods” and “products” means IHS designed and manufactured products.
- An “IHS Quotation” means the quotation document issued by IHS to the Purchaser and will also be referred to as a “quote” or “quotation”. If more than one such document is issued, means the latest such document.
- An "Order" means an offer by Purchase Order or written purchase confirmation made by you in response to a Quotation made by IHS Global Alliance. Your order is reflected in the invoice supplied to you by IHS. This invoice is also referred to as the “Order Confirmation”.
- Before purchasing any goods from IHS Global Alliance, you agree to these Terms and Conditions of Sale (“Terms” or “T&C’s”).
- In trading with IHS, you accept these terms and conditions of quotation and sale.
- These Terms may be amended at any time without notice. We recommend you review the terms for amendments each time before placing an Order.
- You and IHS Global Alliance may enter into a contract for the sale and supply of products described in the quotation provided, by making an offer to IHS Global Alliance via a Purchase Order on letterhead, to purchase the goods at the offered price, subject to these Terms.
- IHS products are legally design protected with worldwide patents issued and currently pending. The sanctioning and purchasing of imitation goods has legal ramifications.
- Design and technical information shown on our website and in our collateral documents are copyright and may not be used by nor distributed to other parties without the written approval of IHS Global Alliance.
- Products are registered for International patent and copyright in the following countries:
Albania, Algeria, Andorra, Antigua and Barbuda, Armenia, Australia, Austria, Azerbaijan, Barbados, Belarus, Belize, Bosnia,, Brazil, Bulgaria, Canada, China, Colombia, Comoros, Costa Rica, Croatia, Cuba, Czech Republic, Denmark, Dominica, Ecuador, Egypt, Estonia, Eurasia, Europe, Finland, Gambia, Georgia, Germany, Hungary, Iceland, India, Indonesia, Israel, Kazakhstan, Kenya, Kyrgyzstan, Laos, Latvia, Lesotho, Liberia, Libya, Lithuania, Luxembourg, Macedonia, Madagascar, Malawi, Mexico, Moldova, Mongolia, Morocco, Mozambique, Namibia, New Zealand, Nicaragua, Nigeria, North Korea, Norway, Oman, Papua New Guinea, Philippines, Poland, Portugal, Romania, Russia, Sudan, Sweden, Switzerland & Liechtenstein, Syria, Tunisia, Turkey, Turkmenistan, Uganda, Ukraine, United Arab Emirates, United Kingdom, United States of America, Uzbekistan, Vietnam, Zambia.
- All specified products and their descriptions are shown on the quote or Order Confirmation provided to you upon your order placement.
- IHS reserves the right to change the specifications of our products as dictated by our design process.
- For more detailed product specifications, please refer to our web site, www.ihsgloballalliance.com.
- You as the buyer hold yourself as a responsible and competent user of the goods IHS provide to you and that you comprehend and understand the risks of incorrect use of, or the incorrect assembly of, these products. In the event that we provide instructions (written or otherwise) with respect to the goods, then and in which case you shall follow those instructions and shall keep and indemnify IHS against all claims, cost or demands of any nature arising from any failure on the part of you or your agents to comply with those instructions.
Customisation and Options
- An important IHS service element is the degree of customisation available on all product ranges. Clients are encouraged to explore their own specific and customisation specifications with IHS. Our experience in this department is globally renowned.
- Any custom design and provision of any special tools required for production of the Goods will be made known to you and any special charges will be invoiced to and be paid for by you as the purchaser.
Free Issue Material or Finishes
- IHS accept no responsibility for the suitability, risk or strength of materials/finishes supplied by your own sourcing or specified by your Designer or agents.
- A quote is valid for 30 days unless otherwise stated. Prices are subject to change thereafter.
- All quotes, indication of costs and financial commitments given or made by us are based on the assumption of the validity of the information provided by you being fully accurate and correct in all circumstances. IHS maintains the right at any stage to re-negotiate any cost agreement or any other relevant commitment.
- Quotes are Ex-factory (excludes shipping) unless freight is requested by you and stated accordingly.
- All quotes are subject to confirmation by IHS on receipt of any order and we reserve the right to refuse any order.
- Prices offered are in the currency quoted.
- Prices on quotes are shown as List Price less any discount applicable to your corporate group or as dictated by negotiated agreements.
- Prices include packaging of goods which is maintained to the highest level and is export worthy.
- Images of products on the website are shown without an advertised price. Please contact our office for purchase of these products.
- Unless otherwise stated, any accessories shown in any image of products are not included in the price.
- We reserve the right to correct any errors published on the website and marketing collateral.
- Samples are available for your evaluation at quoting stage or otherwise separately negotiated with you prior to your order. These are offered at a discounted price with a delivery to site freight charge, all of which will be conveyed at the time of enquiry.
- Samples of standard product may be customised to better suit client evaluations.
- Lead times on standard sample finishes are usually immediate, whilst lead times on samples of standard or customised products may apply.
- IHS’ standard payment terms are as per below or otherwise negotiated.
- Deposit required: 40% deposit at placement of order / 60% balance prior to shipment;
- No deposit required (for certain smaller amounts indicated on the paperwork): 100% prior to shipment;
- Any management pre-approved non-standard payment term
- IHS does not offer credit terms nor bank guarantees, however we do offer other options for consideration such as the below, which come with their own terms and conditions:
- A Letter of Undertaking;
- A 100% confirmed irrevocable Letter of Credit payable at sight. A fee of AU$500 applies to this payment term.
- For payment terms with deposits, the deposit on your order must be paid before we can commence arrangements for the manufacture of the products. Your order must be paid for in full before we can dispatch the products to you, unless otherwise specified.
- Wire Transfers or Electronic funds transfer (EFT) payments are accepted. Banking instructions are provided on the Invoice provided for each order.
- All payments are non-refundable – refer to Clause 14 of these T&C’s under Cancellation and Refund Policy.
- Manufacturing lead times will vary depending on the product range and will be stated on our quote and reflected on the Order Confirmation.
- Lead times quoted do not include freight transit.
- Lead times will strictly commence from –
- Receipt of deposit (applicable for payment terms that include a deposit);
- Receipt of signed renders (applicable for orders that include catering/cooking stations or appliances); and
- Receipt of confirmed colours and other custom details.
- We will endeavor to produce your order within the lead time indicated on our quotation. It is important to note that IHS cannot commence production of your goods until the abovementioned items have been received.
- We recommend you carefully discuss any proposed orders with our Sales Consultant before proceeding with your order to ensure it suits your requirements as IHS do not offer refunds.
- IHS will not agree to implement any modification, revision change or other change to ordered items until you have accepted any recalculation of the costs and time for implementing such change.
- If there are any changes required to your order, please advise in writing as soon as possible. Changes requested after an order has been placed are considered as ‘late changes’ and the approval of these changes is subject to the production status of the order. A late change fee may apply dependent on the stage of production. A revised invoice will be sent to reflect any amendments and applicable charges associated with the late change.
Supply and Manufacture
- IHS maintains the right to halt or cease all progress and manufacture of your goods without liability should information provided by you conflicting, in error, incomplete or inadequate in any way to produce the goods.
Cancellation and Refund Policy
- Please choose carefully as refunds are not provided on payments made to IHS.
- Once an order has been accepted, no cancellation of that order is valid unless you receive our acceptance endorsing the cancelled order, which is based on the stage of production. A cancellation fee will apply dependent on the stage of administration and production and the amount of materials already purchased to produce the goods and can be up to the value of the deposit.
- In case of damaged or faulty goods, please see our Warranty policy.
Freight and Delivery
- Freight charges if requested, will be shown on our quote.
- Freight is based on dispatch from IHS premises in Melbourne, Australia.
- Freight definitions/options have the below meanings:
|Customer is responsible for the pick-up of goods from IHS premises and the freighting of the goods to the required destination. IHS has no responsibility for any costs associated with neither freighting nor insurance.
(Free on Board Shipping Point)
|Includes all costs of transporting the goods from IHS premises to a nominated port / airport of Australia. The client is responsible for the shipment/transporting of goods from the shipping dock.
(Cost, Insurance and Freight)
|Includes the cost of transporting goods from IHS premises to the nominated port / airport only. This term includes insurance (highly recommended by IHS). Under this mode, the client is responsible for the receiving country's clearance, customs duties, taxes and delivery to site.
(Delivery at Place, Duties and Taxes Unpaid)
|Includes all costs of transporting the goods to the receiving site, excluding receiving country's custom duties. It does not include forklift access at the nominated loading bay and as such, a forklift is required for the unloading. De-vanning of items (un-loading to re-load) will be charged to you locally if containers cannot be accepted on site.
(Duties, Deliveries Paid)
|Includes all costs of transporting the goods to the receiving site, including receiving county's clearance, custom duties and taxes. It does not include forklift access at the nominated loading bay and as such, a forklift is required for the unloading. De-vanning of items (un-loading to re-load) will be charged to you locally if containers cannot be accepted on site.
|Delivery to Site
||For Australia-wide deliveries – includes delivery from IHS premises to the receiving site.
- Freight pricing includes packaging of goods which is maintained to the highest levels and is export worthy.
- All payments must be made in full prior to delivery unless alternative payment terms have been agreed to prior to sale.
- Freight does not include handling charges (such as unloading, unpacking, removal of crates/rubbish and installation) unless otherwise specified on your IHS Quotation or Order Confirmation.
- Any freight shown on IHS Quotations is based on unrestricted access to the delivery site. Freight costs may vary once actual site restrictions are known i.e. height restrictions, transloading requirements, tailgate requirements or any other loading bay restrictions. You acknowledge that the freight cost is variable and you are liable for any revised costs applicable.
- IHS Global Alliance will use its best endeavours to deliver your order within any stated timeframes for dispatch, however IHS Global Alliance does not warrant that these timeframes will always be met, as many factors may affect these timeframes. Delivery dates are estimates only and we are unable to accept any liability for any costs or damages resulting from failure to deliver the products within the specified time due to shipment/delivery delays from our suppliers.
- Delivery times will be arranged with you in advance. For international (outside Australia) deliveries, the freight agent will directly coordinate delivery times with you. If you are unable to accept delivery within two days of freight/customs clearance, a storage fee will be payable. Storage fees will be invoiced to you either directly from our freight forwarders or directly from us and are payable immediately.
- You are responsible for ensuring that there is adequate access and entry to your premises to allow delivery of the products.
- You must advise at the time you place your order, or prior to dispatch, of the delivery instructions, site conditions and any difficulties that may be involved in the delivery (such as truck tailgate/liftgate requirement, height restrictions or security/access booking arrangements etc.) by completing and returning a Sales Information Form (SIF) to us.
- We will arrange delivery based on information you provide us in the SIF. If you do not state information correctly on the SIF, you will be liable for any extra charges including redelivery fees and the cost of any extra person to assist.
- Any additional costs in relation to access into your premises, e.g., crane, are your responsibility.
- If it is not possible for the products to be delivered into your premises, the products will be returned to a freight warehouse and you will be invoiced for transport and re-delivery. In addition, storage charges will apply.
- If there is no one available to accept delivery on the pre-arranged delivery date, you will be charged for transport and re-delivery costs.
- We reserve the right to make part deliveries of any order. At any point in time, a 40% deposit must be maintained for all undelivered goods. All products will remain the property of IHS Global Alliance until payment is received in full.
- Should you arrange your own delivery then the goods become your responsibility upon collection from IHS Global Alliance's premises.
- IHS Global Alliance cannot and will not accept responsibility for delivery failures or delays by our third-party delivery contractor.
- Due to high national security and anti-terrorism measures in the United States, US Customs and Border Protection (CBP) has the right to examine any shipments imported into the United States. With strict national security, CBP does not disclose selection algorithms or examination information. IHS Global Alliance will not accept responsibility for delivery failures or delays due to random custom exams.
- You are required to inspect your products when you take delivery of them. You will be required to note any damage on the delivery documentation which is presented to you by the carrier for signature. In all other cases you will be required to notify us in writing of any damage or shortages within seven (7) calendar days of delivery. We will not be liable for any damage to any of the products unless we are notified within the time period specified above.
Orders for Collection at IHS Global Alliance Factory
- Where you select to collect your order from our IHS Global Alliance factory, the freight mode on your order will reflect ‘Ex-Factory’.
- An IHS representative will contact you by telephone or email to notify you when your order is available for collection.
- Orders must be collected within 14 days from IHS Global Alliance giving you notice by telephone or by email that your order is available for collection. If your order is not collected within this time, we have the right to either charge you for storage fees or allocate those goods to another customer and remanufacture the goods for you.
- Storage fees are calculated as follows:
• AU$140 initial set-up fee, plus
• AU$11/cubic metre per week
Title and risk in goods
- Title and risk in the products, such as loss and damage, pass to you on delivery or collection, as the case may be.
Damaged or Faulty Products
- If any product ordered by you arrives damaged or is not of acceptable quality you may have the product repaired or replaced under our Warranty policy
- A standard warranty period of 10 years on manufacturing processes against defects in materials and workmanship is applicable for IHS Global Alliance products. The warranty period commences from the date of delivery.
- Damages caused in transit will be considered if the products have been examined immediately upon arrival, required to be eligible for a successful freight claim.
- In the event that a product is proven to be defective, you are entitled to the restoration of the goods through repair or replacement, whichever is mutually decided as being the most efficient and effective remedy. Approval in writing by IHS Global Alliance for any repairs or replacements is required before corrective action is taken.
- IHS Global Alliance cannot give an exact timeframe by which a product will be repaired (if capable of repair) but will do so (if capable of repair) within a reasonable time.
- For replacements, IHS Global Alliance will endeavour to commence production of the replacement items immediately. You acknowledge that our products are made-to-order and not usually held in stock, thus manufacturing lead times may apply.
- For 100% replacements at no charge, IHS Global Alliance will also cover the freight cost.
- It should also be noted that warranty does not cover:
- any breakage caused by negligent and/or improper use of the goods,
- changes caused by normal wear and tear,
- any damage caused by lack of and/or erroneous maintenance, including exposure to excessive water or other elements/chemicals,
- any damage due to an accident or force, chromatic variations in wooden and polished parts due to the normal ageing of the finish, colour-fastness or matching colours of materials that naturally exhibit inherent colour, shade and brilliancy variations,
- any damage caused by alteration or modification of the goods,
- any glass breakage caused by accidents, abuse, misuse, alteration, vandalism, improper installation, fire or explosion, exposure to the elements, or acts of God. ‘Glass’ includes specialty glass including, but not limited to, frosted glass, painted glass, Digi-Glass, or any special design glass.
- any damage caused by failure to use, install or maintain products in line with IHS Global Alliance’s specified instructions, systems and guidelines.
- It should also be noted that appliances have very specific and limited third party supplier warranties and do not fall under the warranty terms listed above.
|Type of Warranty
||Period of warranty from date of purchase
||Warranty applies to IHS manufacturing processes. It does not apply to defects or damage resulting from negligence, abuse or misuse, including (but not limited to) inadequate or improper maintenance, exposure to water, direct sunlight, salt air, chemicals, accidents, any use for which the product was not designed nor does it cover ordinary wear-and-tear; or if a product is relocated from its original delivery location and damaged due to improper packaging and transporting.
|Third-Party Manufacturer’s Warranty
(unless otherwise stated)
|Applies to appliances which have their own manufacturer’s warranty.
- Other than the warranties expressed above, IHS Global Alliance makes no other warranties including implied warranties of merchantability or fitness for a particular purpose.
- IHS Global Alliance shall not be liable for any consequential damage or loss of profits, income, use or other benefits, arising out of or in connection with any defective products supplied. IHS Global Alliance’s liability is limited to the purchase price for the products that are the source of the claim.
Privacy and Personal Information
- The privacy of your personal information is important to IHS Global Alliance.
- IHS Global Alliance may use your personal information for the purposes for which you give it to any of them and for their own internal purposes. You agree that we may use your email address to send you messages concerning any orders you place and information about the products sold and that we think may be of interest to you. If you would prefer not to receive promotional or other material from us, please let us know and we will respect your request. You also agree that we may contact you by telephone or email to arrange delivery or collection of your order.
- IHS Global Alliance will not be liable for any delay in performing any of their obligations if such delay is caused by circumstances beyond their reasonable control, including but not limited to, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or freight deliveries.