Where these Terms specify that the Products are to be delivered by Amber, then;
(a) The Customer must provide adequate directions to enable Amber or its agents or contractors to affect delivery.
(b) Amber will use reasonable endeavours to affect delivery within any time frame specified on the invoice at the t of delivery (as specified by the Customer in the order), which is subject to the driver's ability to unload the Products(including but not limited to access and safety), in the driver’s discretion.
(c) Products will be delivered to the nature strip of the Customer’s household, unless other specific arrangements have been made and are specified on the invoice. If delivery other than to the nature strip is required, Amber shall be entitled to charge the Customer a reasonable additional fee for such a delivery. If entry to the Customer’s site is required, Amber shall not have any liability for loss, damage or injury caused by such entry, and the Customer must indemnify Amber in respect of any claims against Amber for such loss, damage or injury.
(d) Amber's delivery records are proof of delivery of the Products in good order and of the quality and quantity specified on the invoice, and shall be evidence of receipt by the Customer notwithstanding the absence of any representation of the Customer at the point of delivery.
1 Amber shall not be under any liability, for inability or failure to deliver Products, within specified time frames or at all, where such inability or failure is due to circumstances outside Amber’s control, including unavailability of Products from manufacturers or suppliers or access or safety issues associated with the unloading of the Products at the point of delivery.
When the Customer removes or arranges for the removal of Products from Amber’s premises, all delivery costs shall be to the Customer’s account.
Where the Products are faulty or are damaged or do not meet the specifications set out in the invoice, Amber may at its discretion, other than in the case of warranty or consumer guarantee claims, accept return of Products only if a claim to return the Products is made by the Customer to Amber within 48 hours of delivery.
Claims in respect of faulty or damaged Products or Products which do not meet prescribed specifications must be made within 48 hours of delivery.
All other claims arising out of these Terms must be notified in writing to Amber within (7) days of the date of delivery or collection, and in any event prior to the use or installation of the Products.
Return of Products, other than in the case of warranty or consumer guarantee claims, will:
(a) Only be accepted by Amber if the Products are of merchantable quality and:-
(i) The Amber store has agreed to the return before it occurs,
(ii) Proof of purchase is provided,
(iii) Products are returned within 14 days of purchase
(iv) Products are still current (not discontinued) at time of return, and of current batch/shade, and
(v) Products are undamaged, in original packaging, and are not water damaged and/or have not been soaked in water.
(vi) Goods delivered - only goods perceived faulty will be reviewed after 14 days with each being considered on their own merits.
(vii) Goods not delivered - in the instance goods have been packed and placed on hold and an order cancellation is requested, ‘Order Cancellation/ Excess goods’ terms above will apply.
(b) Not be accepted if:
(i) Products were sold as run of kiln, seconds, commercial or other special non-first quality grading, and/or
(ii) Products had been the subject of a special order, or ordered by Amber specifically for Customer and is not able to be returned to supplier.
Acceptable returns are subject to a handling fee not less than 25%
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