These terms & conditions are a Standard Form of Agreement for the purposes of The Competition and Consumer Act 2010. We will supply the customer (‘You’ or ‘Your’), services on the terms & conditions set out below (the ‘Agreement’). Undefined words have the same meaning as in the Competition and Consumer Act 2010. Unless specified, these terms & conditions apply to all Services provided by Us.

  1. Service Description 
    1. We provide our consumers with the following services: Design, Manufacture and Installation of custom cabinets and related services. 
    2. You must not contact another provider to provide any of the Services without Our express agreement in writing after works have been initiated. 
    3. Where there is any exclusion or inconsistency between the terms & conditions of particular services & the Standard Form of Agreement, the latter shall prevail, to the extent of any such exclusion or inconsistency.
    4. Service is not available in all areas and is specified on our website what areas we do service.
    1. Billing, Charges & Payments
      1. Charges for the Services are determined in accordance with the agreement from the quote we have provided you, or by You accepting to use Our services when You have accessed our online application forms, or such other manner specified in the Application. You must pay all invoiced amounts by the date specified on the relevant invoice. If you have nominated automatic debit, Your credit card will be charged on the invoice date. Charges that do not appear on Your monthly invoice may appear on future accounts due to processing procedures. This includes any excess charges accumulated during the previous invoice period.
      2. Overdue accounts will incur a late fee.  We may charge you interest on overdue amounts at 0.1%  for each day of delay.
      3. In the event that a late payment is received for more than one month a $200 fee will apply to the customer above the fee stated in clause 2.a.
      4. If a discount is supplied to the customer within their quote it is only valid when the customer makes timely payments, if a payment is received late then the discount will no longer remain and be cancelled immediately.
      5. If the customer decides to cancel our services please note that the deposit is non-refundable.
      6. If You default under this Agreement, We may use or disclose any personal information collected & recorded in relation to You to assist Us in the process of debt recovery. Personal information includes personal identifying details such as Your name, address, date of birth, employers & drivers’ license details & status of any of Your accounts or related bodies corporate, Your credit history, & information about Your creditworthiness or capacity.
      7. In consideration of Us having agreed to supply the services to You, the person signing this agreement (“the signatories”) on Your behalf hereby jointly & severally guarantee the payment on demand of all monies which are or shall hereafter become due to Us by You. This guarantee shall be a continuing guarantee & shall not be affected by Us giving time or any other indulgence to You, nor shall any of Our rights to sue or report Your details to a credit reporting agency be affected hereby. 
      8. For any reason where you may not be contactable for an extended period, for example, going on a holiday, then it is your responsibility to make sure that your account will be kept up to date and does not fall in arrears while you are uncontactable. If your account falls in arrears while you are uncontactable by phone or mobile, then at its discretion may disconnect your Service.
    2. GST
      1. Unless expressly stated otherwise, the charges payable for the Services under this Agreement are inclusive of GST.
    3. Amendments To The Terms & Conditions
      1.  If we change the Terms and Conditions, or Acceptable Use Policy in a manner which we reasonably consider would cause detriment to you, we will notify you of the change at least 30 days in advance.  
      2. Any alterations in the terms or conditions for Your Services made under the provisions of this clause during the Fixed Term of Your Agreement will not be applicable. The terms and conditions applicable are those as published on our website the date You entered into Your Fixed-term Agreement.
    4. Privacy
      1. adheres fully to the Privacy Act. in regard to the way in which We collect, use & disclose information about You.
    5. Information
      1. You consent to Us disclosing Your information &/or details to any Fraud & Risk Association where we or the provider or supplier has reasonable grounds for suspecting that You (or any user of a service provided to You) have been engaged, or are likely to engage, in fraudulent or criminal activity.
    6. Limitation Of Liability
      1. To the full extent permitted by law, We will not be liable in any circumstances, however arising, to You or any person claiming through You in contract, tort, or otherwise (including negligence, wilful or unlawful acts or omissions) for:
        1.  any economic loss or damage & in particular (without limitation), any loss of revenue, profits, actual or potential business opportunities, contracts or anticipated savings or profits; or
        2. any indirect or consequential loss; or
        3. the acts of omissions of the Provider or any of Our contractors or subcontractors or the failure of, or fault or defect, in any contractors of subcontractors or the failure of, or fault or defect, in any carpentry, equipment or service, used by Us in supplying carpentry services; or
        4. our failure to continue to provide the Service to You for any reason whatsoever. You acknowledge that We do not guarantee continuous fault free provision of the Service.
      2. We accept liability to You in respect of any rights conferred on You by the Trade Practices Act 1974 & similar legislation where not to do so would be illegal, or would make any part of this clause 8 void or unenforceable. Otherwise, We exclude all conditions & warranties implied into the Agreement & limit Our liability for any non-excludable conditions & warranties, where permitted by law to do so, at Our option, to: 
        1. in the case of services 
          • the supply of the services again or 
          • the payment of the cost of  the services supplied being reinstated after cancellation; & 
        2. in the case of goods 
          • the replacement of the goods or the supply of equivalent goods; 
          • the repair of the goods or 
          • the payment of the cost of replacing the goods or acquiring equivalent goods.
      3. You agree to indemnify & keep Us indemnified from & against liability & all loss & damages caused directly or indirectly by any breach of this Agreement by You or from any claim or action arising directly or indirectly out of any negligence, fraud or wilful act whatsoever, whether by You or any of Your servants, officers, agents, contractors or subcontractors.
      4. To the extent permitted by law, You agree that Your indemnity shall survive the termination of this Agreement, against any actions, claims, expenses, demands, costs, damages, proceedings or any other liability whatsoever suffered by Us in connection with receiving our carpentry services.
      5. You indemnify Us for all costs, damages or expenses suffered by Us as a result of Your negligent, wilful or unlawful acts or omissions.
    7. Term Of The Agreement, Suspension, Cancellation, Or Part Cancellation Of A Product, Or Termination
      1. This agreement begins from the moment you accept its terms, which is confirmed either by your expressed consent to receive the services offered by us or by paying a deposit (if applicable). This agreement remains in force until the parties fulfill their obligations, subject to earlier termination.
      2. We may terminate this Agreement if You breach any term or condition of this Agreement or if a receiver or receiver & manager is appointed over any of Your property or assets, or if a liquidator or provisional liquidator is appointed to You or if You enter into any arrangement with Your creditors or You assign or otherwise deal with Your rights under this Agreement without Our prior written consent or, in the case of an individual, You die.
      3. We may suspend the Services or any of them at any time without notice if any of “the” following occur:
        1. You breach any of the terms & conditions of this Agreement Your Services will be suspended. If You have failed to remedy the breach within 10 days of Us providing written notice to You of the breach Your Service will be terminated;
        2. You fail to pay amounts owing to Us by the due date;
        3.  We are unable, for any reason including the default of a provider, to provide the whole part of the Service;
        4.  You become subject to any form of insolvency administration.
      4.  If We suspend the Services, You will still remain liable for all monies due to Us under the Agreement, during the period of such suspension.
      5.  If Your Service has been suspended by Us due to noncompliance with terms & conditions of the Agreement a fee of $220 (GST inc) may be payable to re-activate Your Services.
      6.  If this Agreement is cancelled by You, or terminated by Us:
        1.  any right which We have in respect of Your obligations under the Agreement that are not fulfilled when the Agreement is ended, will continue to exist;
        2. You must pay Us all reasonable costs & expenses incurred by Us in relation to the Agreement ending;
        3. In addition to any liabilities arising under this clause & where We are providing Carpentry Services, if You terminate the Services before the expiry of the Term or such lesser time as is agreed in writing by You & Us, then You will pay Us a genuine estimate of the loss We will incur from the early termination of this Agreement. The amount of the loss will be calculated as being the difference between the charges billed to You up until the date of termination & the charges that would have been billed to You for the Services supplied to You until the date of termination under an applicable standard rate or pricing plan.
      7. Where You have entered into an Agreement to purchase 2 or more products from Us: and during the Term of Your Agreement You cancel the supply of one of the aforementioned products, the pricing of the remaining product(s) or service(s) will continue at the rate for the Service that We continue to supply to You for the remainder of the Term.
      8. To the extent that any Service specific term or condition conflicts with any other term or condition in this Agreement, the term or condition specific to the Service will apply.
    8. Confidentiality
      1. We Agree not to provide your personal details and protect your confidentiality at all times unless in the event a request is made for legal reasons by law enforcement or a court.
    9. Force Majeure
      1. We will not be liable for any delay in the production or failure in the operation of Services due to any occurrence reasonably beyond Our control including failure of any link provided by the provider.
    10. Assignment
      1.  We may assign the benefit of this Agreement at any time to a person nominated by Us, including another provider. In this event, such Assignee or nominated provider shall deal directly with You for the purposes associated with the provision of Services under this Agreement.
        1. Where We reasonably determine the requirements for installation exceeds reasonable expectations for any Installation Fee quoted or agreed with You, We will not be bound to provide the installation at the Installation Fee previously quoted or agreed & We agree to discuss & use Our respective reasonable endeavours to agree a new Installation Fee. 
        2. You agree to obtain & maintain, at Your expense, any & all permits, licences, approvals, authorisations, required. 
        3. You may upon request to Us, request that We supply additional services including without limitation, inspection, repairs, adjustment & replacement of unserviceable or defective parts not subject to the limited warranty given. 
        4. If agreed to by Us, additional services will be provided on a time & materials basis charged at Our standard rates in effect from time to time & on terms agreed to between Us & You;  
        5. Unless agreed in writing, any subsequent agreement to provide additional services between You and Us will not modify or vary the terms & conditions of this Agreement.  
      2. We warrant that at the date of this Agreement We believe the materials to be free from defects in materials & workmanship. 
      3. You may during the Warranty Period notify Us in writing of any defect or suspected defect in the material used. We shall, to the extent necessary, inspect, replace or repair the materials at no additional charge, & as soon as practicable after receiving written notice from You. 
      4. We shall not be liable under clause (b) of Clause 17.11 if the defect is the result of: 
        1. Improper use or mismanagement of the materials by You; 
        2. Operation of the materials other than in accordance with the instructions given by Us; 
        3. Use of the materials in a manner not reasonably contemplated by Us; 
        4. Modification of the materials not authorised by Us; 
        5. Use of the materials in a manner contrary to law;  
        6. Subjecting the materials to unusual or not recommended physical, environmental stress; 
        7. Reinstallation or moving of the materials by a person other than Us; 
        8. Use of the materials by a person other than You; 
        9. Your failure to comply with any terms of this Agreement; or 
        10. Your failure or refusal to install engineering changes or enhancements recommended by Us. 
      5. We are not liable for faulty materials provided to you by a 3rd-party manufacturer.
    11. Notices
      1. Any notice, demand, consent or other communication required to be given by either party must be delivered personally, or sent by email, prepaid mail, or by SMS to the address/phone number of the other as last notified.
    12. Disputed Amounts 
      1. In the event that an invoice is disputed by You, You agree to pay to Us all the total amount as indicated on the disputed invoice without deduction or set-off & We agree to refund any monies found to be charged incorrectly after reasonable & proper investigation. 
      2. If a dispute is not raised within 3 days of the invoice issue date, charges will be deemed correct & payable by You.