Customer Terms For Furniture Delivery Businesses

Mel runs a furniture store in Geelong. A customer orders a $2,800 sofa, pays for delivery, then calls on delivery day to say the lift is too small, the driver scratched a hallway wall, and the delivery should be free because it was late.

If you deliver bulky furniture, this kind of dispute can come up more often than you would like. Furniture delivery is practical, physical and time-sensitive. Access can be difficult, customers may not measure properly, and damage claims can become stressful quickly.

The right customer terms help you set clear expectations from the start. They also give your team a fair process to follow when something goes wrong.

What Should Furniture Delivery Terms And Conditions Cover?

Your furniture delivery terms and conditions should cover the full delivery process, from booking and access through to damage, installation, returns and failed delivery fees.

For furniture retailers and delivery operators, vague terms can create expensive grey areas. If your customer only sees a line saying delivery included, you may struggle to charge extra when they live up three flights of stairs, the loading bay is blocked, or nobody is home.

At a minimum, your terms should deal with:

• What is included: delivery to the door, room placement, unpacking, rubbish removal, assembly or installation.
• Delivery timing: estimated delivery windows, delays, customer availability and how bookings are confirmed.
• Access requirements: measurements, stairs, lifts, parking, loading zones, building rules and safe access.
• Customer responsibilities: making sure an adult is present, clearing pathways and protecting pets, children and fragile items.
• Failed delivery: when a redelivery fee or storage fee may apply.
• Damage and defects: how customers report damage, what evidence you need and what remedies may apply.
• Limits on service: what your drivers won't do, such as removing doors, lifting over balconies or connecting electrical items.

Your terms also need to be shown to the customer before they buy or book delivery. For example, this could be through checkout terms on your website, a signed quote, or a clear acceptance step on an invoice. Sending terms after the dispute has started usually won't help much.

Can You Charge Customers For Failed Delivery Or Difficult Access?

Yes, you can usually charge customers for failed delivery or difficult access if the fee is clear upfront, reasonable and not inconsistent with the Australian Consumer Law.

The Australian Consumer Law, which is Schedule 2 to the Competition and Consumer Act 2010, applies to many furniture sales and delivery services. You can't use your terms to take away a customer guarantee. However, you can set fair rules about what the customer needs to do so your team can complete the delivery safely and efficiently.

Your access clause should ask customers to check practical things before delivery day, such as:

• whether the item will fit through doors, hallways, stairwells and lifts
• whether there's legal parking or a loading zone close to the premises
• whether strata, shopping centre or building management rules apply
• whether floors, walls and door frames need extra protection
• whether old furniture needs to be moved before your team arrives
• whether the site is safe for lifting bulky items

If the customer hasn't done these things and your team can't complete the job, your terms can allow you to charge for redelivery, waiting time or extra labour. The fee should be connected to your real extra costs and shouldn't operate like an unfair penalty.

Standard form customer terms also need to be checked for unfair contract terms. Since 9 November 2023, unfair contract terms in standard form consumer and small business contracts have been illegal, not just unenforceable. A term that lets you charge any amount you choose, for any reason, without giving the customer a fair explanation may cause problems.

What Happens If A Furniture Delivery Is Delayed?

It depends on what you promised, why the delay happened and whether the delay is serious enough to breach the Australian Consumer Law or your contract.

Delivery delays are common in furniture. Stock may be held up by a supplier, a truck may break down, or a previous delivery may take longer because of difficult access. Your terms should give you room to manage genuine delays, but they shouldn't make promises you can't keep.

For example, if your website says guaranteed delivery by Friday, you should treat that as a real promise. If your team can't meet that date, the customer may be entitled to a remedy, especially if timing was a key reason they purchased from you.

A safer approach in your terms of sale is to use clear estimated delivery windows where appropriate, then explain how customers will be updated if something changes. You can also ask customers to make sure someone is available during the agreed delivery window and to respond quickly if your team needs to reschedule.

The Australian Consumer Law also says services must be supplied within a reasonable time if no time is fixed. What is reasonable depends on the item, the location, the delivery method and what was said during the sale.

Be careful with marketing claims. If you advertise same-day delivery, next-day delivery or a guaranteed delivery date, make sure your systems can support it. Misleading delivery promises can create refund requests, complaints and regulator attention from the Australian Competition and Consumer Commission.

Who Is Responsible If Furniture Is Damaged During Delivery?

Usually, your business remains responsible to the customer if the furniture is damaged before it's delivered and accepted, even if a subcontracted courier caused the damage.

This is where furniture businesses often get caught. You might use a third-party delivery company under a delivery service agreement, but the customer bought from you. Unless your contract clearly separates the sale from an independent delivery arrangement, the customer will usually expect you to fix the problem.

Your damaged goods delivery policy should explain the process without trying to remove rights under the Australian Consumer Law. Customers may have consumer guarantees that the goods will be of acceptable quality, match the description, be fit for purpose and be delivered with due care and skill.

Your policy can ask customers to:

• inspect the goods as soon as reasonably possible after delivery
• take clear photos of any damage, packaging and delivery area
• notify you promptly so you can investigate
• keep the item and packaging until you decide whether inspection is needed
• avoid using the item if use could make the damage worse

You can set a practical reporting window, such as asking customers to contact you within 24 or 48 hours for visible delivery damage. Just be careful not to say they lose all legal rights if they miss that window. That kind of term can clash with the Australian Consumer Law.

You should also deal with property damage, such as scratched floors or dented walls. Your terms can require customers to remove fragile items, clear pathways and tell you about access risks. At the same time, your team should keep delivery notes and photos where damage is alleged, especially if the property was already marked before delivery.

Do You Need Terms For Assembly, Installation And Room Placement?

Yes, if your team does more than drop the furniture at the front door, you should have clear terms for assembly, installation and room placement.

Many disputes start because the customer expected more than your team thought was included. For example, the customer may assume your delivery fee includes unpacking, carrying a dining table upstairs, assembling it, attaching anti-tip straps and taking away all packaging. Your team may only have allowed time for delivery to the ground floor.

Your terms should make the service level very clear. For example:

• Doorstep delivery: the item is delivered to the front door or building entrance only.
• Room of choice delivery: the item is placed in a nominated room, if access is safe and suitable.
• White glove delivery: the item is unpacked, placed, assembled if agreed, and packaging is removed.
• Installation: the item is fixed, mounted or connected only where this has been specifically agreed.

If installation is included, be precise about what your team will and won't do. For example, your drivers may not be qualified to perform electrical work, plumbing work, structural modifications or wall mounting on unsafe surfaces. If a licence is required for a particular task, your terms shouldn't suggest your team can do it unless the right licensed person is involved.

When a dispute comes up, slow the issue down and collect the facts first. Ask your team for delivery notes, photos, arrival times, call logs and any access issues. Ask the customer for photos and a clear description of what they say happened. Then compare the issue against your terms and the Australian Consumer Law before offering a remedy.

Say Nina runs a furniture store in Adelaide. Her customer buys a $2,800 sofa and pays a $160 delivery fee. Nina's checkout terms say the customer must measure access and that a $95 redelivery fee applies if delivery fails because the item can't safely fit through the customer's chosen access path. On delivery day, the sofa won't fit in the lift and the customer didn't tell Nina there were stairs. Nina can usually rely on the agreed $95 redelivery fee if it was clearly disclosed before purchase. But if the sofa fabric is torn during transport, Nina can't avoid responsibility by pointing to the failed access clause. She still needs to assess the damage under the Australian Consumer Law and offer the right remedy.

Furniture Delivery Terms Template: What To Include

A furniture delivery terms template should be treated as a starting outline, not a finished legal document. The wording should be tailored to how your business actually sells, delivers and installs furniture.

Here is a practical outline you can use when planning your terms:

1. Business Details: write your legal business name, ABN or ACN, contact details and who the customer is contracting with.
2. Products And Services: describe the furniture, delivery service, assembly, installation and any exclusions.
3. Quotes And Orders: explain how orders are accepted, when payment is due and when the customer contract starts.
4. Delivery Areas And Timing: set out delivery zones, estimated timeframes, booking windows and rescheduling rules.
5. Customer Access Obligations: require accurate measurements, safe access, parking, building approvals and a responsible adult on site.
6. Failed Delivery Fees: explain when waiting time, redelivery, storage or cancellation fees may apply.
7. Risk And Title: explain when ownership and risk pass, while keeping the wording consistent with consumer guarantees.
8. Damage And Defects: set out the reporting process, evidence needed and how remedies are assessed.
9. Assembly And Installation: state exactly what is included and what your team isn't authorised to do.
10. Returns, Refunds And Cancellations: explain change of mind rules, custom order rules and Australian Consumer Law rights.
11. Subcontractors: explain whether you may use delivery partners and how responsibility is managed.
12. Photos And Personal Information: explain when delivery photos may be taken and how customer information is handled, especially if the Privacy Act 1988 applies to your business.
13. Limits Of Liability: include fair limits where appropriate, without trying to exclude rights that can't legally be excluded.
14. Complaints Process: give customers a clear contact point and explain how delivery issues will be reviewed.

Free templates often miss the parts that matter most for bulky goods, like stairs, lifts, wall damage, delayed stock and subcontracted drivers. A lawyer can help make sure your terms match your actual delivery workflow and don't accidentally breach the Australian Consumer Law or unfair contract terms regime.

Key Takeaways

• Furniture delivery terms and conditions should clearly cover access, timing, failed delivery, damage, assembly and installation.
• You can usually charge redelivery or waiting fees if they're disclosed upfront, reasonable and linked to the customer's obligations.
• You can't use your terms to remove customer rights under the Australian Consumer Law.
• A damaged goods delivery policy should ask for prompt photos and notice, but shouldn't say customers lose all rights after an arbitrary deadline.
• If you offer room placement, assembly or installation, spell out exactly what is included and what your team won't do.
• Tailored terms are especially useful for bulky goods businesses because small access issues can quickly turn into costly disputes.

If you'd like help with your furniture delivery terms, damaged goods policy, customer checkout terms or subcontractor delivery arrangements, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.