Terms and Conditions
Please read these Terms and Conditions carefully before using the Cabinetworx.com.au website or Services. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms & Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Cabinetworx entity’s Service. By accessing or using the Service you agree to be bound by these Terms and conditions.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If you disagree with any part of this agreement then you may not access the Service.
In case you have any questions you can contact us.
A-1 - “Ts & Cs” shall be referred to these Terms and Conditions and called “Contract” or “Agreement”
A-2- “Website” refers to the Cabinetworx entity website at this address:`www.cabinetworx.com.au “ and/or any related web pages pages.
A-3- “Us, Our, We ” shall mean the Cabinetworx business entity and its successors and assigns. Cabinetworx named in any places at the websites, order form, and on any corresponded documents shall be known as “Us / Our /We” by this “Ts & Cs”.
A-4- “User” shall mean the website user and/or buyer or any person acting on behalf of and with the authority of the buyer/user who interacts with Us.
A-5- All goods and/or services supplied or operated by the Us to the User and includes any advice or recommendations shall refer to as “Service” and/Or “Goods” in this Ts & Sc. The Goods/Service shall be as described on website pages, the order form, invoices, quotation, work authorisation or any other work commencement forms or any instruction received by User.
B-1- Using the website and any Service provided by Us shall constitute acceptance of the Ts & Cs contained herein.
B-2- Any statements by Our sales representative will not be repudiated or be against any of these Ts & Cs and will not bound Us by any such unauthorised statements.
B-3- Validation of any provided quote or revised quote, despite no written date on Our documents, will never be more than 14 days unless otherwise agreed and We will keep the right of canceling a quote, and if any refund applied it will be applied according to Our “Refund Policy”.
C-1 - The “Price” of the Goods and Services shall be the written value quoted or invoiced by Us.
C-2- “Deposit” at whole or part of the total quoted value at our sole discretion may be required.
C-3- All our Supply and Delivery charges are based on “Cash Before Delivery” payment term and all these charges must be paid in full by the User. Payment method will be based on Website advised method. Failure to meet this term may result in extra charges due to storage and double handling cost which is under User responsibility.
C-4- Service commencement date is the date that Deposit or agreed payment terms have been fully paid by User and confirmed and received in full by Us.
C-5- We try our best to quote the User at the best of Our understanding out of the information provided by the user So We hold the User responsible to review and confirm all details. In event of a misunderstanding, any extra charges accrue we will hold the user responsible to pay for.
C-6- User has only 2 days after order commencement to inform any minor changes in writing. Changes after this date might not be accepted and We hold our right to order cancellation. Minor changes refer to any changes that do not change the total service value more than 10% (incremental or decremental).
C-7- Alteration, adjustment, and or any other form of minor or major changes after Service commencement date, caused by User, might be accepted by Us and it will result in $75 additional administration cost due to pay by User and before the process to be continued.
C-8- Any changes requested by the User after the commencement date that result in a site visit or re-measurement will cost an additional $200.
C-9- If Installation agreed to be carried by Our Subcontractor We hold the right to charge the User installation fee in full or in part after installation fully carried out. In such events, it is the User's responsibility to ensure balance payment to be paid in full upon Service being carried out. Any defects addressed in writing by the User will be accepted only based on the Defect clause( E)
D-1- Delivery Service might agree to be carried by Us at User expenses and delivery charges are due upon order confirmation.
D-2- We might use 3rd parties for delivery service and any delay or failure to deliver shall not entitle either party to treat this contract as repudiated.
D-3- Where We have not received or been tendered the whole of the Price, We shall have:
A lien on the Goods
The right to retain them for the Price while We are in possession of them
A right of stopping the Goods in transit whether or not delivery has been made
A right of resale,
The foregoing right of disposal provided that Our lien shall continue despite the commencement of proceedings or judgment for the Price having been obtained.
E-1- The User shall inspect the Goods/Services and notify Us of any alleged defect, shortage in quantity, damage, or failure to comply with the description or quote in these time frame:
and /Or within 2 days after Delivery
and/or within 2 days after Installation
E-2- The User shall not unreasonably raise the defects complaint. However if in good faith the User believes he/she has genuine grounds for complaint User shall be entitled to withhold up to a maximum of 30% of the Outstanding amount and not more than 5% of total Price payable to Us, until such time as We remedy the outstanding issues.
F- Installation :
F-1- Installation apply only for Goods and Services supplied by Us
F-2- In any type of Service we provide in the User place if any other trades involved they are not covered in this agreement and do not form part of nor come under any part of this agreement.
F-3- If any building alteration might be required at any form of our service is excluded from our provided or quoted Services. This is including and not limited to painting or touch up required after job installation.
G- Risk :
G-1- In case any of the Goods are damaged or destroyed prior to title in them passing to the User, We are entitled, without prejudice, to any of our other rights or remedies under these Ts & Cs (including the right to receive payment of the balance of the Price for the Goods), to receive all insurance proceeds payable in respect of the Goods. This applies whether or not the price has become payable under these Ts & Cs The production of these terms and conditions by Us is sufficient evidence of the Our rights to receive the insurance proceeds without the need for any person dealing with Us to make any further enquiries. We will proceed with the insurance as follows:
Damaged or destroyed goods are unpaid
There is an outstanding amount of any other Goods supplied to the User by Us whether under these Ts & Cs or otherwise;
When any other sums payable to the User by on any account
Any balance is to be paid to the User.
H- Goods/Service Title:
H-1- It is our intention and agreed by the User that property in the Goods shall not pass to User until:
The User has paid full amounts owing for the concern Goods or Service
All other obligations due by the User to Us in respect of all contracts between Us and the User are fully met, and that the Goods, or proceeds of the sale of the Goods, shall be kept separate until we shall have received full payment and all other obligations of the User are met.
The User shall not deal with Our money in any way which may be adverse to us
We have the right to give notice in writing to the User to return the Goods or any of them to Us. Upon such notice, the rights of the User to obtain ownership or any other interest in the Goods shall cease.
If the User fails to return the Goods then it is our agent right to may enter upon and into land and premises owned, occupied or used by the User, or any premises as the invitee of the User, where the Goods are situated and take possession of the Goods, without being responsible for any damage caused.
The User shall not charge the Goods in any way nor grant nor otherwise give any interest in the Goods while they remain the property of Us
The User may require payment of the full or the balance of the goods or Services due together with any other amounts due from the User to Us arising out of these Ts & Cs and We may take any lawful steps to require payment of the amount due and the Goods /Service price.
We can issue proceedings to recover the cost of the Goods sold notwithstanding that ownership of the Goods may not have passed to the User.
H-2-In the event that:
the User retains possession or control of the Goods; and
payment of the Price is due to Us; and
We have made a demand in writing of the User for payment of the Price in terms of this contract; and
We have not received the Price of the Goods, then, whether the property in the Goods has passed to the User or has remained with Us, We may dispose of the Goods and may claim from the User the loss to Us on such disposal.
I- Our Liability:
I-1- If We failed or any breach of this contract caused by Us the remedies of the User shall be limited to the mandatory remedies provided by the provisions of the Australian Consumer Law.
J-1- In case of default, Interest on overdue invoices shall accrue from the date when payment becomes due daily until the date of payment at a rate of 2% per calendar month and shall accrue at such a rate after as well as before any judgment.
J-2- If the User defaults in payment of any invoice when due, the User shall indemnify Us from and against all Our costs and disbursements including on a solicitor and client basis.
J-3- If any account remains unpaid at the end of the second month after supply of the Goods or Services the following shall apply:
An immediate amount equivalent to 10% of the amount overdue levied for administration fees which sum shall become immediately due and payable.
J-4- In the event that:
Any money payable to Us becomes overdue, or in Our opinion, the User will be unable to meet its payments as they fall due, or;
the User becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors, or;
a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the User or any asset of the User, then;
We shall be entitled to cancel all or any part of any order of the User which remains unperformed in addition to and without prejudice to any other remedies; and
all amounts owing to Us shall whether or not due for payment, immediately become payable.
K-1- We may cancel these terms and conditions or cancel delivery of Goods and Services at any time before the Goods are delivered by giving written notice.
K-2-We shall not be liable for any loss or damage whatever arising from such cancellation.
K-3- The User shall not have the right to cancel this contract after We have accepted and commenced the works or otherwise incurred any cost in connection with the works as all Goods are made to measure. In such an event Our refund policy may apply.
L- General Terms:
L-1- If any provision of these terms and conditions shall be invalid, void or illegal, or unenforceable the validity of existence, legality, and enforceability of the remaining provisions shall not be affected, prejudiced, or impaired.
L-2- All Goods and Services supplied by Us are subject to the laws of Australia and We take no responsibility for changes in the law that affect the Goods or Services supplied.
L-3- The User shall not set off against the Price amounts due from Us.
L-4- We may license or sub-contract all or any part of its rights and obligations without the User’s consent.
L-5- Neither party shall be liable for any default due to any act of God, war, strike, lockout, industrial action, fire, flood, drought, storm, or other events beyond the reasonable control of either party.
L-6- Should We not immediately enforce any of these terms & conditions then this action or omission does not in any way constitute a waiver of those terms and the User obligations remain unchanged.
M- Guarantee and Indemnity :
M-1 - The User under this Ts & Cs has requested Us to enter into this contract and the We did so in consideration of this guarantee and indemnify and hold the User as Guarantor.
M-2- The User unconditionally and irrevocably guarantees, by way of indemnity and principal obligation to Us prompt performance of all of the obligations of the User contained or implied in this Terms & Condition. If the obligation is to pay money, We may recover the money from the User as a liquidated debt.
M-3- The User indemnifies Us and agrees to hold it harmless in respect of any failure by the User to perform any of its obligations under this Contract including any obligation to pay money to Us
M-4- The Guarantor’s liability is not affected by:
The granting of time, forbearance, or other concessions by Us to the User or any Guarantor;
An absolute or partial release of the User or any Guarantor or a compromise with the User or any Guarantor;
A variation of this Contract
An assignment of this Contract by the User
The termination of this Contract ;
Any disputes or differences between the User and U
The fact that this Contract is wholly or partially void, voidable, or unenforceable
The non-execution of this Contract by one or more of the persons named as Guarantor or the unenforceability of the guarantee or indemnity against one or more of the Guarantors; or
The exercise or purported exercise by Us of our rights under this Contract.
M-5- The Guarantor’s liability is not discharged by a payment to Us which is later avoided by law. If that happens, the parties are restored to their respective rights and obligations as if the payment had not been made.
M-6- If a liquidator or trustee in bankruptcy disclaims this Contract, the Guarantor indemnifies Us against any resulting loss.
M-7- Until We have received all money payable to it by the User, the Guarantor must not prove or claim in any liquidation, bankruptcy, composition, arrangement, or assignment for the benefit of creditors; and hold any claim it has and any dividend it receives on trust for Us
M-8- If We assign Our rights under this Contract, the benefit of the guarantee and indemnity in this clause extends to the assignee and continues concurrently for the Our benefit regardless of the assignment unless We release the Guarantor in writing