Terms and Conditions
FULL VERSION OF ALAWA CABINETMAKERS “TERMS AND CONDITIONS OF TRADE”
PLEASE READ THEM CAREFULLY AS THEY ARE THE BASIS ON WHICH WE ACCEPT YOUR ORDER.– The following Terms and Conditions of Trade/Service apply to all products and services provided by Alawa Cabinetmakers.– All work is carried out by Alawa Cabinetmakers on the understanding that the client has agreed to and understood the following Terms and Conditions outlined. – All designs, drawings, sketches, images, and documents supplied by Alawa Cabinetmakers remain our property.– All goods remain the property of Alawa Cabinetmakers until paid for in full. These definitions are part of the Terms of Trade.DEFINITIONS:- “Customer” or “client” or “you” or “your” or “customer” etc, means the persons or entity referred to in our Quotation as our customer.– “Alawa Cabinetmakers” or “us” or “we” means Alawa Cabinetmakers or any other trade name or brand under the ABN: 13 385 374 566 used by us from time to time.– “Quotation” or “Quote” means the quotation for the supply and installation of the Kitchen/Cabinetry/Fit-out/flat pack/or any other requirement we have agreed to carry out for you the client as described in the Quotation.– “Kitchen/Cabinets/Items” means the kitchen cabinets, benchtops, and other directly related items, including but not limited to integrated hardware, splashback, and lighting described in the Quotation but does not include supplied items by you the purchaser.– “Item/s” or “goods” refers to any products/cabinetry made by us for you the client including but not exclusive to: Kitchens, bathroom vanities, laundries, cabinets, walk-in robes, shop/commercial fit-outs, TV units, flat packs, etc.– “Product Warranty” means our Kitchen/Cabinetry or any other good we may supply – warranty.– “Purchaser Supplied Items” means white goods or brown-ware items (such as ovens, hobs, and refrigerators) which you will pay for and supply to us for inclusion in the Kitchen/Cabinetry as described in the Quotation.– “Site” means the physical premises where the Kitchen/Cabinetry/Items is to be delivered/ installed and as required include all access ways.
TERMS OF TRADE1. TERMS OF TRADE GENERALLY1.1 Amendment: We can amend these terms of trade from time to time but only the terms signed by the customer will be honoured by date of signature. They will apply to any subsequent contract entered into with us but will not affect a contract already entered into with us which will override any version on the website or any specific variation of our terms of trade used for that contract.1.2 Quotation: This is the basis of the contract between you the client, and Alawa Cabinetmakers. At the time of proposal, Alawa Cabinetmakers, will provide the client with a written estimate or quotation outlining the specifications of the project.A copy of the written estimate or quotation will be sent or presented to the client setting out what we will and will not provide and our payment terms as per clause #3. If the client wishes to proceed with the quote, the payment of deposit will indicate acceptance of the Quotation and T&C’s with or without a signature. This action binds the client to accept Alawa Cabinetmakers Terms and Conditions of Trade.It is the client’s responsibility to ensure all aspects and details of the project are correct prior to signing the contract. Any alterations must be sent to Alawa Cabinetmakers in writing prior to the changes taking place. No verbal agreements or instructions will be carried out unless it is received in writing by Alawa Cabinetmakers, and approved by us. Any alterations made to the finalised project specifications or shop drawings after the client has signed off will not be included in the already processed job and will be accepted or rejected by us and quoted and invoiced separately. Quotation prices are fixed for 30 days from the time it is presented to the client; Alawa Cabinetmakers reserves the right to adjust prices according to any trade/supplier increases after this period. The client will be notified of any such increases prior to commencement.1.3 Contract formation: The Quotation is subject to these Terms of Trade. The Quotation, the Terms of Trade and our Product Warranty are the only basis on which we are supplying the Kitchen/Cabinetry/Items to you. No oral or written communication with you will apply unless it is clearly set out in the Quotation. Our terms of trade apply if there is any inconsistency between the client’s requests and the Quotation. Our contract with you is formed when you accept the Quotation within the acceptance period by signing and returning it together/or with the deposit paid in cleared funds. Jobs will not be started until the acceptance of quotation by signature and payment of deposit. 1.4 Design: We will design the Kitchen/Cabinetry/Items to your requirements in the form of a general floor plan and simple drawing as accepted by you in the Quotation. If you or a third party at your request provides the Kitchen/Cabinetry/Items design, we will manufacture the Kitchen/Cabinetry/Items to that design but we are not in any way responsible for any problems they may arise from this form of process including time/budget blowouts. All designs, images, sketches, and documents supplied by us remains our property. Any costs incurred by a third-party designer, lies with you the client. Alawa Cabinetmakers are not responsible for any deadlines that have not been met due to third party (e.g.: architect/designer/builders) lack of communication, or design changes they have made. Once changes are made, we cannot guarantee to meet the original deadline outlined in the Quotation. If the client wishes for us to carry out design works this will incur additional fees, these fees are subject to the scope of the job. Any 3D designs will not be provided until the quotation is signed and the deposit is paid. 1.5 Site Responsibility: Unless specified in the Quotation you are responsible for all planning, building and other consents and permits and for providing the Site to us ready for delivery and prompt installation of the Kitchen/Cabinetry/Items by co-ordinating all other work and trades on Site. The Site must be clear from obstructions, building materials and debris. Failure to do so may result in all items returning to our factory, which will result in additional delivery/ handling fees, and time delays. We hold no responsibility for unpreparedness of the delivery/installation site. We hold no responsibility for additional fees resulting in site unpreparedness.1.6 Variations: If you want to vary our contract with you, you must ask us to do so in writing, and this will be quoted and billed separately to already commenced works. If the requested variation affects the price of the Kitchen/Cabinetry/Items or its estimated date for completion then, within the period of 10 working days after we receive your request, we will advise you in a written variation notice of the building work and any consents required for the variation, (including the effect on existing consents, if any, for which you remain responsible), the effect on the agreed price for the Kitchen/Cabinetry/Items by way of increase or reduction, any material effects on our Product Warranty, and any effects on the estimated date for completion of the Kitchen/Cabinetry/Items. You can then agree to the variation by countersigning our variation notice in which case our contract with you is appropriately amended. Any extras in variations including but not limited to design, materials and labour – from the original quoted design, needs to be quoted separately and paid up front and in full for us to commence work. 2. PRICE AND PAYMENTS2.1 Quotation price: The price for the Kitchen/Cabinetry/Items is as set out in the Quotation and in any agreed variation and is inclusive of GST unless stated otherwise. The price is based on our Site visit and the Kitchen/Cabinetry/Items design and is based on our current rates and costs. The price includes freight and insurance to the point of delivery to the site. If, after the agreement is signed and deposit of the contract has been received, you want to vary what is set out in the Quotation as provided for in clause 1.6, this will be quoted and invoiced separately to the already agreed works. On acceptance of new quote will adjust the price by reference to our then current rates and costs including any indirect costs such as revised delivery dates. Prices in the quotation expire 30 days after date of issue.2.2 Purchaser Supplied Items: Generally: You the purchaser are responsible for the procurement, payment, and prompt supply of all Purchaser Supplied Items unless agreed and stated otherwise on quotation. It is up to you the purchaser to ensure all appliances, fittings, and additions to be of sound condition, meets the requirements and due specifications for the project, and provide exact measurements and/or dimensions of any appliances, fitting and additions in writing to Alawa Cabinetmakers. Alawa Cabinetmakers hold no responsibility for incorrect product purchases by the client which may result in unsuitable measurement allowances of the goods we supply. Any costs involved with Kitchen/Cabinet/Item return, reconfiguration, and consequent delivery due to inaccurate or incorrect supplied items will be the sole responsibility of you the customer.2.3 Purchaser Supplied Items Delay: It is your sole responsibility to provide all relevant documentation including model numbers and the specifications of any items to be built into, or information that affects the suitability or construction of the joinery making up the Kitchen/Cabinetry/Items. Any information not confirmed or items to be supplied or selected by you at the date of our contract must be confirmed in writing by you allowing enough time for the items to be ordered and delivered to our factory, or to achieve the agreed installation date. If the unconfirmed items or information are received too late to achieve the installation date, we hold no responsibility for delays, deadlines not being met, misinformation, and miscommunication on supplied items provided to us by you or any third party. 3. PAYMENT3.1 Staged Payments of the Price: The plus GST price for the Kitchen/Cabinetry/Items is to be paid by you as follows (unless specifically stated in the Quotation):1. 50% Deposit: 50% of the price upon acceptance of the Quotation. This payment confirms your order for the Kitchen/Cabinetry/Items in our production planning.2. 25% Progress Payment: On delivery of Kitchen/Cabinetry/Items a 25% progress payment is required unless stated otherwise on quotation. The payment will be required and is to be paid within 7 days of invoice. A failure to pay balance within the designated days will result in further costs stated on quotation.3. 25% Final Payment: Upon completions of all wagered works the final balance will be required and is to be paid within 7 days of invoice. A failure to pay balance within the designated days will result in further costs stated on quotations.3.2 Remedial Work: The client must inspect the cabinetry on installation and shall within 7 (seven) days of installation notify Alawa Cabinetmakers in writing (or in the case of a minor problem by phone) of any alleged shortage in quantity, damage or failure to comply with the description, and days of any functional problems. The Client shall afford Alawa Cabinetmakers an opportunity to inspect the Kitchen/Cabinetry/Items within a reasonable time following installation if the Client believes the Kitchen/Cabinetry/Items are defective in any way. If the Client fails to comply with these provisions the Cabinetry shall be conclusively presumed to be in accordance with these terms and conditions and free from any damage. The Client hereby agrees that in the event remedial work is required for work completed to date, the Client or the Client’s project manager shall only hold back the value/amount (agreed by both parties) of having the work replaced and not the entire due payment. The balance must be paid on receipt of our invoice or payment claim. Alawa Cabinetmakers does not authorise the client to withhold any part of the final payment after the work in question has been resolved/rectified.3.3 Failure or delay in making payments: Any failure or delay by you in making payments to us will give us the right to suspend our contract with you until you make the payments to us in full or we terminate the contract, payment being a material term.3.4 Late payment fee and recovery costs: We will also charge you interest on the unpaid monies/accounts at a monthly rate of 0.84% as a late payment fee, from the due date until the date of payment in cleared funds. We may also add to the due sum all costs and charges incurred by us in recovering the unpaid money, including collection and lawyer’s fees and all other related costs and expenses of any kind. 4. DELIVERY AND RISK4.1 Delivery date: Once production drawing approved in writing by you/client/designer/architect etc (usually post payment of the 50% deposit) are received by us we will commence a 3D drawing if kitchen with selected colours if requested and then proceed with production, and provide you with a delivery date for the installation of the Kitchen/Cabinetry/Items at the Site. Any delivery date specified by us to you is only an estimate. Delivery will be made or deemed to be made by us when the goods arrive at the site, whether in one or more than one instalment.Delivery may be affected by delay of (client) Purchaser’s supplied goods, delay in payments, or failure by you or you contractor/architect/designer to obtain relevant consents and approvals, or any other matter outside of our control including delivery of goods to us by a third party supplier, and machinery/vehicular breakdowns etc. Any variations to the original quotation will void the original delivery date4.2 No liability for late or non-delivery: We are not liable for any late or non-delivery unless such failure is a direct result of something we have done or not done within reasonable limits.4.3 Delivery defined: Delivery will be made or be deemed to be made by us when the Kitchen/Cabinetry/Items arrives at the Site, whether in one or more installments and if no Site is specified, delivery will occur when the Kitchen/Cabinetry/Items is dispatched from our premises.4.4 Risk: The Kitchen/Cabinetry/Items are at (you) the client’s risk once delivered to the Site. You should make sure that you have appropriate insurance cover. All goods supplied by us are at the clients’ own risk upon delivery to the site whether they be installed or uninstalled, this includes third-party damage or theft of goods from the delivery vehicle. It is up to the client to make sure appropriate insurance cover is taken out.1. Alawa Cabinetmakers will insure all Kitchen/Cabinets/Items, work, materials against any loss or damage by theft or fire whilst in our possession to the full insurable value. We are not however responsible for any loss of income, fees, costs, liabilities, and matters (including costs associated with timeline blowouts) that are directly or indirectly affected by the loss or damage to Kitchens/Cabinets/Items that due to fire or theft whilst Items are in our possession.2. In the event of theft or fire damage, Alawa Cabinetmakers and you the purchaser/client will mutually agree on how to proceed with the completion of Quotation/Order or subsequent cancellation. Any monies/proceeds from insurance payout will be held in trust by Alawa Cabinetmakers solicitors for both Alawa Cabinetmakers and the purchaser pending accounting between the two parties. 5. INSTALLATION5.1 Site readiness generally: You must make the Site ready for installation of the Kitchen/Cabinetry/Items at its indicated date. If you are unsure of the requirements and process for kitchen renovations please read the “Alawa Cabinetmakers Kitchen Renovation Steps and Procedures”, or for wardrobe renovations please read the “Alawa Cabinetmakers Wardrobe Renovation Steps and Procedures”, which will be supplied to all customers on acceptance of quotation which can be found below. If you fail to do so this will affect the installation date. We are not responsible for any consequential costs and expenses that result from this.5.2 Site readiness: Matters for which we are not responsible: Unless specifically set out in the Quotation, we are not responsible for plumbing, electrical work, appliance installation, ducting, skirting, benchtop scribing, silicone work, flooring, tiling, painting, decoration, splashback, benchtop installation, or any other construction work including (without limitation) the stripping of old tiles or floor coverings and the removal of any existing Kitchen/Cabinetry units, or other obstructions from the Site. You must remove those items and other obstructions from the Site and surrounding area(s) prior to the anticipated delivery date unless otherwise outlined in the Quotation. 5.3 Site readiness: Structural matters: We are not responsible for making good any defects in the structure of the walls, ceiling and floor making up the structures on the Site that will support the Kitchen/Cabinetry, for the removal of old cabinetry or other items, or for the installation of Purchaser Supplied Items (unless part of the Kitchen/Cabinetry and dealt with in the Quotation). If any additional works are required to be carried out and we agree to carry them out to remedy any defects, remove cabinetry, install appliances or otherwise compete for work that was not included in the Quotation, the costs of obtaining building consents and completing this work will be for your account and charged at our then-current rates. 5.4 Site readiness: All care is given by us to you the client during the installation process. If the client deems that floor covering or other chattels require protection, then it is up to the client to provide protection (floor coverings/ram board/drop sheets etc) at their own cost. In the event where the paint, painting equipment, boxes, bricks, plaster, tools etc, we hold no responsibility of damage to flooring, plasterwork, tile work, appliances, lighting, paintwork, Kitchens/Cabinetry/Items in the event where we have installed Kitchen/Cabinets/Items, as well as circumstances where other trades have come in after us but prior to you the client checking Items that we have installed. We hold no responsibility for the repair of our works, damaged by other trades. 6. KITCHEN/CABINETRY/ITEMS DESCRIPTION6.1 Quotation: The Kitchen/Cabinetry/Items will be manufactured in accordance with the Quotation. It refers to drawing design measurements and component descriptions. The following clauses explain and qualify those items in the Quotation and must be read with the Product Warranty.6.2 Natural Materials and Finish Awareness: You agree that stone and timber and other source materials for the Kitchen/Cabinetry/Items are made from natural materials that will have variations in colour, grain, texture and shade which are not treated in the Kitchen/Cabinetry/Items supply industry and market as defects in those stone and timber source materials. You agree that those variations are inherent, and the outcome cannot be controlled in use of such products. Any variations regarding natural products stated above does not allow you to terminate payment of our contract with you or to obtain any refund or damages for breach of contract or our Product Warranty.1. As a natural material, all wood is affected by exposure to light, heat and harsh chemicals. It is also naturally affected by moisture and seasonal changes in humidity. Wood will naturally contract (shrink) in low humidity and expand in high humidity conditions. Mitred door styles and solid wood centre panels tend to exhibit more noticeable changes and subtle movement in humid conditions.2. All Finishes: Wood products, including cabinet doors, drawer fronts, and face frames, will always be affected by environmental conditions. Cabinet finishes are also affected by artificial and natural light and heat sources. Over time, cabinetry finishes will darken or mellow. Alawa Cabinetmakers adheres tightly to an acceptable range of colours for each of our furniture finishes and within this range, natural variation will occur, although it will be slight.As wood naturally expands and contracts over time, this movement may cause hairline cracks in the finish surface overtime at the joints. This will be most noticeable in some of our more semi-opaque and painted finishes. These are the natural characteristics of wood and are not a reflection of poor craftsmanship. These natural characteristics cannot be deemed as a reason for product replacement.1. Prolonged exposure to tobacco smoke will discolour lighter White and Cream-based finishes and 2pack door finishes. Alawa Cabinetmakers cannot warrant finish distortion based on prolonged exposure to these conditions.6.3 Samples: Any samples of components or materials for the Kitchen/Cabinetry/Items shown to or inspected by you are acknowledged by you to be only for the purpose of giving you a guide as to the completed Kitchen/Cabinetry and are not a sale by sample.6.4 Kitchen/Cabinetry/Items size and join marks: Site access and doorways will affect the size of materials used in panels, cabinets, benchtops, marble work and other items making up the Kitchen/Cabinetry/Items. You agree that it may be necessary for us to divide up the Kitchen/Cabinetry/Items and add joins to these items to complete the manufacture and installation of the Kitchen/Cabinetry/Items and that they may be visible as a consequence. 7. INTELLECTUAL PROPERTY7.1 Ownership: We own all the intellectual property (including copyright) in the designs for the Kitchen/Cabinetry/Items and if you commission us to produce a design for you by agreeing to these Terms of Trade you assign to us all your copyright (and other intellectual property) irrevocably, for all purposes, throughout the world.7.2 Indemnity: Where you or someone at your direction gives us a design or instruction to follow, you agree to make sure that we do not incur any losses of any kind (an indemnity) because the design or instruction breaches the intellectual property rights (including copyright of any other person). 8. CANCELLATION CHARGESIn the event that you choose to cancel your order(s) after the acceptance of the quote including signature and/or deposit, a cancellation fee may be charged. This fee is to cover any incidentals that Alawa Cabinetmakers will or has absorbed.If the order has been placed for materials the customer will pay for the restocking fees. If the order goes into production, Alawa Cabinetmakers will not issue refunds, the remaining balance will be deemed as "paid" through a handover of produced work, including material and labour expended in the creation of the works, totaling to the balance of the funds already paid at the time, and inclusive of the cancelation fee. 9. CLIENT ACKNOWLEDGEMENTS9.1 Imperfections on bench tops and two pack paintwork may be evident in certain light. In most cases, this will be accepted by industry standards and the Client agrees to this assertion.9.2 Alawa Cabinetmakers reserves the right to use the services of sub-contractors, agents, and suppliers, and any work, services and usage is bound by their terms and conditions; and as such the customer will be given an installation date once the sub-contractor has stated one.
In the event of any circumstances that are out of our control such as problems with water supply, power supply, delay of subcontractors, the discovery of asbestos (in which casework will cease) the client acknowledges that any cost involved with rectifying the problems lies with the client and Alawa Cabinetmakers is in no way responsible.
9.3 The customer acknowledges that renovations take time and can experience delays due to the schedules of sub-contractors, which is out of Alawa Cabinetmakers' control. The estimated time frame for a kitchen renovation is 2 to 3 weeks to completion, and wardrobes can be up to 2 weeks depending on the size of the job. 9.4 In the event of Alawa Cabinetmakers loss or damage to the client property as a result of our negligence, our liability shall be limited to making good the damaged area only.If we cause damage as a result of moving goods under your instruction, and where moving the goods in the manner instructed is likely to cause damage, we shall not be liable.In the event that any white goods or furniture need to be removed or shifted by Alawa Cabinetmakers we take no responsibility for any unfortunate damage that may occur during this process.9.5 The Client shall give Alawa Cabinetmakers all rights to photograph the completed kitchen/cabinetry/fit-out including the delivery and install stages. These photographs may be used in the Contractor’s promotional and/or advertising material.
10. CUSTOMER FORMS
The following forms have been supplied by Alawa Cabinetmakers for customer convenience, they outline the steps and procedures relevant to your job type either kitchen/wardrobe. Please download the relevant form and look over it and make sure you understand the procedure and inform us if you have any questions regarding time frames ect.