1.1 Application of these Terms and Conditions
The client agrees that prior to placing an order with Inovative Interiors (Aust) Pty Ltd, the client has read and agreed to the terms and conditions as set out here. For the purpose of this agreement “Contractor” is INOVATIVE INTERIORS (AUST) PTY LTD ABN 95 158 000 385 and the “Client” is the applicant named on the account, quote or work authorisation provided by the Contractor.
2.1 In this agreement “Goods” means goods and services (onsite assembly) and “Components” means hinges, door handles, drawer runners and associated hardware.
3.1 Contractor Supply Quote
The Contractor shall give the Client a Quote specifying the work required to be done in order to fulfill the Clients instructions and an estimate of the Contractor’s charges for the completion of such work.
3.2 Acceptance by the Client
Where the Contractor has given the Client a Quote.
(a) The Contractor will not commence work until the Quote has been accepted by the Client.
(b) The Client shall accept the quote by instructing (in writing) the Contactor to commence the work outlined in the quote.
(c) Acceptance by the Client of the Quote will constitute acceptance by the Client of these Terms and Conditions.
(d) Quotes are valid for fourteen (14) days only unless an extension has been authorised by the Contractor.
3.3 Contactor may revise Quote
The Contractor may amend the Quote after a period of three (3) months from the date of the signed acceptance of the quote to consider any rise or fall in the cost of performing the order and the Contractor shall notify the Client of such amendment as soon as practicable thereafter. The Contractor will not be obliged to commence work until such time as the Client agrees to the quote.
4.1 Where there are variations to the original quote
(a) The Client shall indemnify the Contractor from any additional cost incurred by the Contractor, should the Client increase the scope of the Goods and/or Components to be provided by the Contractor, and
(b) Variation within a period subject to a progress payment shall be payable at that time and no later.
The copyright in all plans, sketches, design ideas and custom-made solutions which appear in the Contractors quote shall be the property of the Contractor.
The Client must keep confidential and not use any ideas communicated by the Contractor to the Client without the Contractors prior consent.
Delivery of the Goods shall be made to the Clients nominated address. The Client shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. Delivery of Goods to a third party and/or site nominated by the Client is deemed to be delivered to the Client for the purpose of this agreement.
6. SITE ACCESS
6.1 The Client shall ensure that the Contractor has clear and uninterrupted access to the work site until the Contractors work has been completed and the Contractor has been paid in full.
6.2 The Client will indemnify the Contractor from additional costs or penalties should the completion of the Contractors work be delayed due to interrupted site access.
7.1 The warranty on workmanship/Goods shall be for the period of five (5) years from installation by the Contractor.
7.2 Any warranty as to the Components shall be the same as the written warranty provided by the manufacturer to the Contractor on or before installation.
7.3 The Client shall indemnify the Contractor against all warranties attached to products used in the Contract but purchased independently of the Contractor.
7.4 The Contractor warrants that the work shall be carried out in accordance with all relevant laws in an appropriate and skilful way, in accordance with the plans and specifications (where relevant) using materials that are good and suitable for the purpose for which they are intended to be used.
7.5 The Contractor reserves the right to make null and void the warranty, should the Goods be modified, altered, damaged, or put to any undue stress other than in the ways the Goods were designed to perform.
7.6 In respect of all claims the Contractor shall not be liable to compensate the Client for any delay in either replacing or repairing the workmanship/Goods or in accurately assessing the Clients claim.
8.1 The Client shall inspect the Goods and Components on installation and shall within fourteen (14) days of installation notify the Contractor of any alleged shortage in quantity, damage or failure to comply with the description. The Client shall afford the Contractor an opportunity to inspect the Goods or Components within a reasonable time following installation if the Client believes the Goods or Components are defective in any way. If the Client shall fail to comply with these provisions the Goods and Components shall be conclusively presumed to be in accordance with the terms and conditions and free from any damage.
9.1 The Contractor will have no liability to the Client in relation to any loss, damage or expense caused by the Contractor’s failure to complete the order or to deliver the Goods as a result of fire, flood, tempest, earthquake, riot, civil disturbance, theft, crime, strike, lockout, breakdown, war, pandemic, the inability of the Contractor’s normal contractors to supply necessary material or any other matter beyond the Contractor’s control.
9.2 The Client shall ensure they or their representative remains on site during the installation of the Contractor’s work.
9.3 The Client shall sign off that the work has been completed at the stage agreed in accordance with the quote. After the signing off has been received, the Client shall indemnify the Contractor from any costs or expenses with remedial work to damaged Goods.
9.4 The Client shall indemnify the Contractor from any claims or charges relating to the damage and/or loss of property from the job site if the Client has not complied with clause 9.2
10.1 The Client hereby authorises the Contractor to collect, retain, record, use and disclose commercial and/or consumer information about the Client’s credit worthiness, credit history, credit capacity, in accordance with the Privacy Act 1988, to persons and/or legal entities who are a Solicitor or any other professional consultant engaged by the Contractor, a Debt Collector, Credit Reference Organisation and/or any other individual or organisation which maintains credit references and/or default listings.
10.2 The Client also authorises the Contractor to make enquires with respect to the Client’s commercial and consumer credit worthiness and to exchange information with other Credit Providers in respect to previous commercial and consumer defaults of the Client.
11.1 Time for Payment
The Client must, pay the total amount set out in the invoice before the day of installation. Payment shall be made by electronic transfer into Inovative Interiors (AUST) Pty Ltd nominated bank account unless otherwise agreed between the Contractor and the Client.
The Contractor will require a 10% deposit from the Client at time of excepting the Contractors quote. The Client acknowledges the Contractor is under no obligation to start the contract period or undertake any work as requested, until the deposit is received by the Contractor in full and when all details pertaining to the contract are finalised.
11.3 In the event of default as to payment owing to the Contractor on the part of the Client, the
Contractor shall be entitled to forfeit the deposit and claim for the balance owing on the order and for any other loss suffered by the Contractor by way of any remedy available to it as provided in these term and conditions.
11.4 Progress Payment
When agreed progress payments are not honoured by the Client, the Contractor reserves the right to halt any further work until such time as the outstanding payment is forthcoming.
11.5 Remedial Work
The Client hereby agrees that in the event remedial work is required for work completed to date, 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 Client shall reimburse the Contractor for any costs, expenses or losses incurred by the Contractor should the Client cancel the accepted Quote.
12.1 The risk in the Goods and Components shall pass to the Client upon delivery/installation of the Goods and Components to the Client or its agent or to a third party nominated by the Client.
13. RETENTION OF TITLE
13.1 The title for Goods and Components shall remain with the Contractor until Client has paid all monies owing pursuant to any invoiced issued by the Contactor for Goods and Components.
14. DISPUTE RESOLUTION
14.1 Before the Client commences any legal proceedings or other external dispute resolution procedures in relation to a dispute arising out of or in connection with this contract, it must follow the subsequent procedure.
14.2 The Client must notify the Contractor in writing advising of:
a) The reasons for their dissatisfaction or issue, and
b) The available dates to meet and discuss the issue with the Contractor
14.3 The Contractor within 7 days of receiving the notice must notify the Client, in writing advising of its available dates to meet and discuss the issue.
14.4 The Client and Contractor must use all reasonable endeavours to resolve the issue within 7 days of discussing the issue.
14.5 If the Client and Contractor have failed to resolve the dispute, the parties must resolve the dispute by reference to the procedures of the Department of Fair Trading (New South Wales).