Terms & Conditions
Legals - Conditions of Contract
In the terms below the company supplying the product is called "the Company" and the other contracting party is called "the Customer." The items or any part thereof to be supplied under this contract are called "the Product."
1. These conditions, the plans and the specifications comprise this contract, which contains the whole agreement between the Company and the Customer. Work methods and materials used will correspond with sample product displayed in showrooms, brochures, catalogues and sample items. The customer acknowledges that they are aware of the specifications of the product and the design.
2. The Company reserves the right to make production improvements, in comparison to the products displayed, without notice to the customer.
3. The Company may make minor modifications to the specifications without notifying the Customer where such modifications are required as a result of the technical inspection, provided that such modifications do not materially affect the appearance, design and the quality of the product.
4. The Customer recognises that products supplied by the Company will comply with all relevant Australian Standards.
5. If for any reason beyond the Company's reasonable control, the Company is unable to supply a particular item of product or a particular appliance, the Company will notify the Customer and with the agreement of the Customer the Company will substitute with an item of equal or superior standard and value.
6. The Company will only commence production of the order once the progress payment has been received.
7. In the case of solid surfaces, (timber, veneer, Caesarstone and granite), the Customer acknowledges that the measurement, manufacture and installation process of these products will take approximately 10 working days after installation of the kitchen cabinetry.
8. The Company will do all that it can to meet the dates given for the delivery. In the case of unforeseen delay due to circumstances beyond the control of the Company, the Company will not be held responsible, but will contact the Customer and agree alternative dates.
9. The Customer will also do all that he/she reasonably can to enable delivery to take place on the given date. In the case of unforeseen circumstances beyond the reasonable control of the Customer and the Customer is not able to take delivery, then in such circumstances the Customer will contact the Company as soon as possible and agree an alternative date. Any costs incurred by the Company in the change of dates will be the responsibility of the Customer.
10. The Company does all it reasonably can to ensure the price quoted by its Designers at the time of the contract is correct. It is recognised that the product is a custom designed product. The Company will arrange for its Technical Representative to visit the Customer's site address for the purposes of measurement and overall survey. If, following such a survey, it becomes apparent that the product designed has been incorrectly priced, then the Company will inform the Customer and both parties will attempt to agree to a revised price for the product. In the event that a new price cannot be agreed, then either party is entitled to terminate the contract whereupon any monies will be repaid in full without any party having any claim whatsoever on the other.
11. The Company shall not be responsible for any damage or loss in respect of any part of the product supplied by the Company arising out of or associated with any such installation of the product or appliances by the Customer.
12. The company provides a 10 year warranty, which is in conjunction with and exceeds any statutory warranties. Details are as shown in the "warranty" section.
13. All appliances are supplied subject to any guarantees and after sales service that are offered by the manufacturers/distributors themselves, or where appropriate, subject to the terms of any extended warranty schemes.
14. On delivery or collection of the product, the risk of any loss or damage is transferred to the Customer.
15. The Customer will not legally own the product or appliances until the Customer has paid the Contract price in full, and until such time the Customer will keep the product and appliances in good repair, condition and properly insured. The product and appliances are not warranted/guaranteed until payment is received in full.
16. The Company owns all copyright of the product, the plans and the specifications.
17. If the Customer cancels the contract, the Company will refund all monies paid under the contract less all reasonable costs and expected margin that would otherwise have been derived from completion of the contract.
18. Although the Company may be prepared to agree to certain changes to the original terms of the contract, this will be on the understanding that it does not infringe the Company's full rights under the contract and that it does not prevent the Company from exercising those rights in the future.
19. It is acknowledged any Goods & Services Tax (GST) and any other federal or state government tax imposed under this contract will be the responsibility of the Customer.
20. The Customer accepts that any special offer made in this contract supersedes all other offers, and agrees that any future offers will not apply to this contract.
21. In the case of solid surfaces, (timber, veneer, Caesarstone and granite), the Customer acknowledges that they understand that solid surfaces are natural products and that variances in the colour, texture and grain are part of the natural beauty and individuality of these products. The Company therefore cannot guarantee that the product supplied will be consistent or evenly matched in grain, texture or colour.
22. The Company and the Customer agree that the terms shall be governed in accordance with the laws of the state of Australia that this contract was drawn up in.
In the terms below the company supplying the product is called "the Company" and the other contracting party is called "the Customer." The items or any part thereof to be supplied under this contract are called "the Product."
1. These conditions, the plans and the specifications comprise this contract, which contains the whole agreement between the Company and the Customer. Work methods and materials used will correspond with sample product displayed in showrooms, brochures, catalogues and sample items. The customer acknowledges that they are aware of the specifications of the product and the design.
2. The Company reserves the right to make production improvements, in comparison to the products displayed, without notice to the customer.
3. The Company may make minor modifications to the specifications without notifying the Customer where such modifications are required as a result of the technical inspection, provided that such modifications do not materially affect the appearance, design and the quality of the product.
4. The Customer recognises that products supplied by the Company will comply with all relevant Australian Standards.
5. If for any reason beyond the Company's reasonable control, the Company is unable to supply a particular item of product or a particular appliance, the Company will notify the Customer and with the agreement of the Customer the Company will substitute with an item of equal or superior standard and value.
6. The Company will only commence production of the order once the progress payment has been received.
7. In the case of solid surfaces, (timber, veneer, Caesarstone and granite), the Customer acknowledges that the measurement, manufacture and installation process of these products will take approximately 10 working days after installation of the kitchen cabinetry.
8. The Company will do all that it can to meet the dates given for the delivery. In the case of unforeseen delay due to circumstances beyond the control of the Company, the Company will not be held responsible, but will contact the Customer and agree alternative dates.
9. The Customer will also do all that he/she reasonably can to enable delivery to take place on the given date. In the case of unforeseen circumstances beyond the reasonable control of the Customer and the Customer is not able to take delivery, then in such circumstances the Customer will contact the Company as soon as possible and agree an alternative date. Any costs incurred by the Company in the change of dates will be the responsibility of the Customer.
10. The Company does all it reasonably can to ensure the price quoted by its Designers at the time of the contract is correct. It is recognised that the product is a custom designed product. The Company will arrange for its Technical Representative to visit the Customer's site address for the purposes of measurement and overall survey. If, following such a survey, it becomes apparent that the product designed has been incorrectly priced, then the Company will inform the Customer and both parties will attempt to agree to a revised price for the product. In the event that a new price cannot be agreed, then either party is entitled to terminate the contract whereupon any monies will be repaid in full without any party having any claim whatsoever on the other.
11. The Company shall not be responsible for any damage or loss in respect of any part of the product supplied by the Company arising out of or associated with any such installation of the product or appliances by the Customer.
12. The company provides a 10 year warranty, which is in conjunction with and exceeds any statutory warranties. Details are as shown in the "warranty" section.
13. All appliances are supplied subject to any guarantees and after sales service that are offered by the manufacturers/distributors themselves, or where appropriate, subject to the terms of any extended warranty schemes.
14. On delivery or collection of the product, the risk of any loss or damage is transferred to the Customer.
15. The Customer will not legally own the product or appliances until the Customer has paid the Contract price in full, and until such time the Customer will keep the product and appliances in good repair, condition and properly insured. The product and appliances are not warranted/guaranteed until payment is received in full.
16. The Company owns all copyright of the product, the plans and the specifications.
17. If the Customer cancels the contract, the Company will refund all monies paid under the contract less all reasonable costs and expected margin that would otherwise have been derived from completion of the contract.
18. Although the Company may be prepared to agree to certain changes to the original terms of the contract, this will be on the understanding that it does not infringe the Company's full rights under the contract and that it does not prevent the Company from exercising those rights in the future.
19. It is acknowledged any Goods & Services Tax (GST) and any other federal or state government tax imposed under this contract will be the responsibility of the Customer.
20. The Customer accepts that any special offer made in this contract supersedes all other offers, and agrees that any future offers will not apply to this contract.
21. In the case of solid surfaces, (timber, veneer, Caesarstone and granite), the Customer acknowledges that they understand that solid surfaces are natural products and that variances in the colour, texture and grain are part of the natural beauty and individuality of these products. The Company therefore cannot guarantee that the product supplied will be consistent or evenly matched in grain, texture or colour.
22. The Company and the Customer agree that the terms shall be governed in accordance with the laws of the state of Australia that this contract was drawn up in.