Terms and Conditions of Trade

1. IN CONSIDERATION of All-Round Cabinetry Pty Ltd ABN 92 676 637 826 Trading as ‘All-Round Cabinetry’ and ‘Signature Vanities’ (hereinafter called the “Supplier”) supplying goods and services to and at the direction of the person named as Customer in the corresponding quote, invoice or work order (hereinafter called the “Customer”), the Customer shall pay the price specified in the quote and the quote combined with the following Terms and Conditions of Trade shall act as a contract to bind the parties.

2. Contract Version – this Contract replaces all previous issues and versions is valid for all new estimates, quotes and contracts until replaced with the next issue.

3. Governing Law – these Terms and Conditions shall be governed by, and construed in accordance with, the laws of the State of Queensland, and any dispute in relation to any provision of this Agreement shall be either by way of arbitration in Queensland or heard in the appropriate courts of Queensland.

4. Trade Regulations – Regulations require certain equipment to be installed and commissioned by appropriately licensed tradespersons (for instance equipment containing refrigeration gas). The Customer hereby directs The Supplier to engage such tradespersons at the Customer’s sole cost and expense. The cost of such tradespersons is in addition to any quote, invoice or work order by The Supplier.  

5. Workplace Health and Safety – we are responsible for ensuring our Employees and Sub-contractors work safely and within Regulations. However, there are obligations on Customers including, but not limited to, advising us in advance of any potential risks: unless specified in the quote our quotes exclude, if directed by safety Regulations, cost of equipment for access/heavy lifting gear, additional trades and temporary cooling. The presence of asbestos may attract additional charges, for example where asbestos containing materials need to be handled/ cut/ removed by an “asbestos handling specialist”, to allow products to be safely installed.

6. General – Unless agreed otherwise in writing the following applies to all orders placed on and accepted by us whether written or verbal; no other terms, in part or whole, other than statute, form part of a contract with us and in the case where a Customer attempts to enter other terms during the normal administrative “paper chase” process such attempts are not to be read as “contra offers” leaving our terms as issued with our quote/order confirmation as the agreed terms of contract upon which our pricing was formed and as such if a Court subsequently decides another term or set of terms apply we reserve the right to then adjust our selling price in the contract to reflect any changed terms and/or conditions.

7. Quotations – are valid for 30 working days from the date of the quote, or unless specified differently in our quotation, but we reserve the right to reasonably correct pricing at any time for:

a) any errors (clerical, mathematical, typographical, omission, etc.) or

b) changes in equipment (types, rating, etc.) supplied or

c) changes in materials (types, quantities, finishes, etc.) used or

d) changes in supplier’s prices to us including after order confirmation by us.

8. Replacement Systems/Equipment – quotes for replacement systems, part or equipment will not include the cost of prior work done which will be charged for separately: where only a part of an installation is replaced any warranty offered shall be limited to the replacement part only.

9. Stock Availability – Some items may not be in stock at time of placing order. The Supplier staff will liaise with the Customer to advise of significant delivery hold ups and stock availability. Waiting times for goods can vary from the normal 1-3 days, up to 8 weeks in extreme cases.

10. Customer Orders – Customers are advised to confirm orders in writing. Also, please note that payment of deposit will by itself constitute acceptance of our written quotation, plus act as confirmation that a contract is now in place between the Supplier and the Customer based on most current written quotation including acceptance of The Supplier “Terms and Conditions of Trade”.

11. Order Cancellation – by the Customer must be made in writing and is only effective when a formal written confirmation has been issued by us: cancellation may be subject to a charge, the greater of pro rata to the work performed to date plus 15%, or 15% of contract value whichever is the greater or for unrecoverable costs incurred related to materials ordered specifically for the Customer’s job.

12. Job Variations – goods/services will be supplied as specified in our quote/order confirmation (excepting for reasonable substitutes made at our discretion), accordingly we reserve the right to reasonably alter the contract price for any variation, including but not limited to change in the scope of works, howsoever caused.

13. Unforeseen Work – due to the nature of our work it is not always possible to fully predict all work associated with the scope of works quoted and in such circumstances, we reserve the right to make reasonable additional charges for such extra work should this occur.

14. Normal Working Hours – all work quoted is for work done during normal working hours (usually 07:00-17:00 hrs during normal working days); if for whatever reason work is done outside of normal working hours the Customer may be charged extra accordingly.

15. Access and Continuity – must be unhindered and uninterrupted and include the supply of safe electrical power.

16. Time is not of the Essence – we will endeavour to meet all reasonable deadlines but “time will not be of the essence” in our supply of goods and services for contractual purposes.

17. Payment Terms – invoices shall be paid by the Customer in full no later than the terms stated on each invoice. Time shall be of the essence in this regard. Payment may not be withheld for any reason. Deposit payments and or a valid Company Purchase Requisition/ Purchase Order are usually required before work commences. For installation work that extends over 1 day in duration, work-in-progress payments may be required, at the discretion of The Supplier. The extension of credit facilities is at the sole discretion of The Supplier and must be confirmed in writing. If an invoice is not paid in accordance with our Payment Terms, late payment may incur an interest surcharge of 10% pa calculated daily from invoice date plus all debt recovery costs including an internal administration fee of 20%. Payment options are outlined below.

18. Payment Methods – Payment will be by cheque, cash, direct deposit (EFT), credit card (MasterCard/Visa) or Payment Plan (the latter option subject to separate specific contractual terms). The Customer will pay the Supplier the amount of the invoice within the terms stated on the invoice. Credit card payments attract a 1.0% bank credit card surcharge fee.

19. Title and Risk – title passes upon payment in full with cleared funds, but risk passes upon arrival of goods to the Customer’s site. The Supplier shall retain title to all goods supplied to the Customer until it has received payment in full of all sums due to it in connection with supply and/ or installation of goods. If payment for any goods or services is overdue, The Supplier is entitled, without prejudice to any of its other rights and remedies, to repossess, disconnect or decommission goods, and without notice, to enter any premises upon which The Supplier goods are stored or installed for this purpose. Nothing in this Clause 19 shall affect The Supplier rights to recover for any unpaid amount on the invoice as a debt.

20. Construction Sites – for new buildings we usually install interconnecting pipes and cables “rough-in” during the construction period; if these works are damaged or building configurations changed - either resulting in additional work by us - the cost of the extra work will be charged to the Customer: Customers or their nominated agent (i.e. Builder) are required to give us reasonable written notice for timely access for us to undertake works at the appropriate stage of construction: we cannot accept responsibility or liability for delays or re-work where reasonable written notice was not given: Customers alleging damage in any form by us must notify us in writing immediately and give us reasonable management access and time to view the allegation – no liability under any circumstances by us will be accepted without our prior formal inspection and subsequent written acceptance of our liability therein.

21. Completion – upon completion of installation work, it is normal to carry out an operational test: to do this test electrical power needs to be available and it is the Customer’s responsibility to ensure power is available at this time; if electrical power is not available at this time and an additional site visit to do these tests is required, the cost of the additional visit will be charged to the Customer.

22. Warranty – commences at the date of our final invoice, and validity period is as contained in our written quotation. Equipment must be installed and regularly serviced by a licensed operator to validate warranty: sometimes manufacturer’s warranty does not cover all costs for warranty repair and when this occurs we will charge the difference: processing warranty claims with manufacturers for equipment supplied and installed by us is free of charge otherwise a nominal fee applies: “no fault found” attendances, “no one there”, late appointment cancellation, installation not by us and maintenance issues fall outside of warranty and will be charged to the Customer in accordance with our prevailing tariffs: all warranty work is done during normal business hours: we reserve the right to unequivocally determine qualification for warranty and any work done by us is deemed fully chargeable until formally confirmed otherwise in writing by us. Accidental damage, wilful damage and vermin damage are all specifically excluded from warranty coverage.

23. Unauthorised Work – any work undertaken by others on, or any signs of tampering with, the installation and/or equipment will invalidate warranty.

24. Losses – our liability is limited to the repair of product and/or service supplied by us and excludes consequential losses howsoever caused.

25. Comments/Statements Made by our Employees and Subcontractors – do not necessarily reflect matters of fact or be representative of the total position and therefore must not be relied upon: only written documentation signed by a Director of this Company must be taken as authoritative.

26. Changes – The Supplier reserves the right to change, amend or alter in any way these Terms and Conditions without notice to the Customer.

27. Complaints – any complaint against us must be made in writing, addressed to our Directors, within 5 working days of the cause of complaint arising (by law a dispute on an invoice must be made in writing within 14 days of the date of the invoice).

28. Supplier Promotions – sometimes, our major suppliers offer bonus and cashback promotions. The Supplier will attempt to alert potential customers to these promotions when they are running, but The Supplier cannot confirm the eligibility of any individual customer for specific promotions offered by 3rd parties. In this instance, the customer is responsible for making their own enquiries as to the eligibility for the promotions offered via the Terms and Conditions offered by the 3rd party in relation to their promotion.

29. PPSR – You hereby charge all your real and personal property in security of your performance of your obligations under these Terms and Conditions. You hereby consent to us registering a Security Interest over any such property on the Personal Property Securities Register.  

30. Substitution of Terms – We have the right to require you to execute a separate contract for services in the form specified by the QBCC (or such other like body) and to substitute any of the terms of that contract with the terms of this contract (in variation or addition to these terms) and where the context so permits, those terms are incorporated into these terms and conditions (mutatis mutandis). Those terms are available at: https://www.qbcc.qld.gov.au/resources/template/level-2-renovation-extension-repair-contract

ACCEPTANCE OF ORDER

When deposits are received from customers and / or Company Purchase Requisitions/ Purchase Orders, an official buy order will be recognized by The Supplier.

By placing an official order with The Supplier implies that you as the Customer agree to all our Terms and Conditions of Trade as listed above. Please contact us directly if you have any further enquiries before ordering any goods.

PAYMENT OPTIONS:

Direct Deposit Preferred

Bank: ANZ
Account Name: All-Round Cabinetry Pty Ltd
BSB: 014231
Account Number: 167015642

Please include your name in the reference box.

All-Round Cabinetry Pty ABN 92 676 637 826 Trading as ‘All-Round Cabinetry’ and ‘Signature Vanities’ - All products, goods and components remain the property of The Supplier until paid in full.