Terms and conditions
1. DEFINITIONS in this document:
(a) Accessories means the items or any of them described under that heading on the first page; and
(b) Appliances means the items or any of them described under that heading on the first page;
(c) Check Measurer means an agent of the Company who checks the measurements of a site;
(d) Company means the company supplying the Product, Appliances and Accessories;
(e) Customer is the party whose details appear under that heading on the first page;
(f) Delivery Date means the date agreed between the Company and the Customer pursuant to clause 6(a);
(g) Price means the GST included total value of the contract of sale;
(h) Product means the items described online (at www.DIYhome.com.au), or by a DIY HOME DESIGN CONSULTANT;
2. ENTIRE AGREEMENT AND PRECEDENCE
(a) All terms of the contract between the Customer and the Company are contained in this document, including the specifications of the products provided to the Customer. If there is any inconsistency, this document will prevail over and plans and/or product specifications provided to the customer; and
(b) No agents or designers of the Company are allowed to authorise any changes whatsoever to this document. Any changes must be authorised in writing by the directors of the Company.
3. SITE CHECK AND CONTRACT VARIATION
(a) The Company does all it reasonably can to ensure the Price quoted online, or by the DIY HOME DESIGN CONSULTANT, is correct at the time of the transaction. The parties recognise that the designs are a made to measure using a catalogue of products. The Customer acknowledges and agrees to provide and take responsibility for the site-measurements used to formulate the plan for the new cabinetry. The customer acknowledges that, for an additional fee of $99, the Company can facilitate a Check Measurer to attend the site address to ensure that the Product(s) will fit correctly.
(b) If, the Company becomes aware that the Product as estimated, at the time of transaction, must change due to the specifics of the site including without limitation, measurement or site issues, then the Company will raise a variation to the contract and where necessary redesign the cabinetry and the Company will inform the Customer and both parties will attempt to agree to a revised Price.
(c) Before production of the Product, the Customer must approve any such redesign and new Price. In the event that a new Price cannot be agreed then either party is entitled to cancel the contract where upon any monies paid by the Customer will be repaid in full without any party having any claim whatsoever against the other.
(d) In the event the Company is prevented by the Customer from fulfilling the terms of this contract, for any reason whatsoever, then the Company may give the Customer 60 days notice that the Company will cancel the contract on the terms of clause 15. If the Customer chooses to delay the fulfilment of the contract, the Customer will request an extension and make a progress payment of no less than 30% of the value of the contract, if the contract has not already been paid in full. If an extension is requested by the Customer, the Company will honour the terms of the contract for a period not exceeding 12 months from the date this document is signed.
(e) Further if the Company is prevented by the Customer from fulfilling the contract for a period in excess of twelve (12) months from the date this document is signed, for any reason whatsoever, excepting any agreement in writing by the Company, then the Company will give the Customer notice that the Customer can either cancel the contract on the terms of clause 14 or agree to the Company reviewing the contract price (such review not to increase the price by more than 10%). Following such a review the reviewed price will become the Price. Production of the Product will still remain subject to a site inspection and measure.
4. MINOR MODIFICATIONS AND VARIATIONS TO PRODUCT, APPLIANCES OR ACCESSORIES
(a) The Company may make minor modifications to the specifications for the Product without notifying the Customer where such modifications are required as a result of the Company’s Check Measurer’s site inspection provided that such modifications do not materially affect the appearance, design and quality of the Product.
(b) The Customer acknowledges and understands that timber and granite are natural products and that variances in the colour, texture and grain are part of the natural beauty and individuality that timber and granite provides.
(c) The Customer confirms that the Customer understands the plan provided with this document and that all details for the Product, Accessories and Appliances are both confirmed and shown correctly in this document.
(d) If for any reason beyond the Company’s reasonable control, the Company is unable to supply a particular item of Product, a particular Appliance, or a particular Accessory, the Company will notify the Customer and with the consent of the Customer the Company will replace it with an item of similar standard and value. The Customer’s consent will not be unreasonably withheld.
(a) The Company will only commence production of the Product by undertaking working drawings after the Company has:
i.received the 50% deposit of the Price;
ii.received customer signed measurements; and
iii.received payment of an additional 30% of the Price.
(b) The Company will notify the Customer the Product is ready for delivery and the Customer must then pay the balance 20% of the Price by electronic funds transfer of credit card. Once evidence of full payment is received, the Company will deliver the Product to the site.
6. DELIVERY DATE
(a) Following the site inspection and measure referred to in clause 3 and any subsequent agreement to vary the Product and Price as referred to in clause 3(c) the Customer and the Company will agree the Delivery Date for the Product, Appliances and Accessories, which date will be between 3 to 4 weeks from the date of the site inspection or agreement to variation of Product and Price.
(b) The Company will do all that it can to meet the Delivery Date, however if circumstances beyond the Company’s control delay production of the Product the Company will contact the Customer as soon as it becomes aware of the delay and provide an alternative Delivery Date.
(c) The Customer will do all that he/she reasonably can to enable delivery to take place on the Delivery Date. If unforeseen circumstances beyond the reasonable control of the Customer prevent the Customer from taking delivery on the Delivery Date, then the Customer will contact the Company as soon as possible and agree an alternative Delivery Date.
(d) In the event that the Product has been manufactured or is almost completed and is ready for delivery on the Delivery Date which is within the next 7 days, and the Customer only then advises the Company it cannot take delivery on the Delivery Date, the Customer will be liable for the costs of storage past the original delivery date on account of the requirement for the Company to store the Product past completion of production, such cost will not exceed $100 per day.
7. INSTALLATION, CUSTOMER’S SOLE RESPONSIBILITY
(a) This is a ‘supply only’ Contract and the Company does not provide installation or any other trades work
(b) The Company makes no warranty, promise or statement to the Customer or anyone claiming through the Customer with respect to trades people or installers otherwise engaged by the Customer to install the Product.
(c) Suggestions of trades people are not a recommendation, and any such person is a not a contractor or sub-contractor of the Company. Any suggested trades person is licensed and operates a separate legal entity, unless authorised by the company by way of an official email from the Design Consultant:
(d) The Customer acknowledges that it relies on the Customer’s own enquiries in relation to all aspects of the use of trades personnel and disclaims any reliance on the Company in selecting a trades person.
(e) Any installation of the Product or Appliances is the sole responsibility of the Customer. The Company shall not be responsible for any damage or loss incurred to any Product or Appliances arising out of or associated with installation of the Product or Appliances by the Customer, any suggested trades people or any other third party.
8. MANUFACTURER’S WARRANTIES
The Appliances and Accessories are supplied subject to warranties offered by the manufacturers or where appropriate, subject to the terms of any extended warranty schemes. This document does not alter any manufacturer’s warranties, which are supplied separately by the manufacturer.
9. TITLE AND RISK
(a) On delivery to the Customer or collection by the Customer, the risk of any loss or damage to the Product, Accessories or Appliances is transferred to the Customer. The Company is not liable for any defect in the Product, Accessories or Appliances to the extent that the defects are caused by acts of the Customer or any third party including any trades person engaged by the Customer.
(b) The Customer will not legally own the Product, Appliances or Accessories until the Customer has paid for them in full and until such time, the Customer will keep the Product, Appliances and Accessories in good repair, condition and properly insured.
(c) The Customer will ensure that if the Company determines that if the Company determines that a ‘security interest’ for the purposes of the Personal Property Securities Act 2009 (PPSA) arises under or in connection with this Agreement, the Products, Accessories or Appliances, it will do everything (including obtaining consents, signing and producing documents, completing documents or procuring that they are completed and supplying information) which the Company reasonably requests and reasonably considers necessary for the purposes of:
i.ensuring that the security interest is enforceable, perfected or otherwise effective in accordance with the PPSA;
ii.enabling the Company to apply for any registration, or give any notification, in connection with the security interest;
iii.enabling the Company to exercise rights in connection with the security interest in accordance with the PPSA.
10. CONSUMER GUARANTEES
Consumer Guarantees imposed by the Competition & Consumer Act 2010 require that the Products, Appliances and Accessories will:
(a) have clear title (subject to clause 9(b)), not be subject to undisclosed securities and give the Customer a right to undisturbed possession;
(b) be of acceptable quality and match any description;
(c) comply with any express warranties (i.e. ‘extra promises’) the Company gives the Customer;
(d) be fit for any purpose the Customer has made known to the Company (either expressly or by implication);
(e) match any sample or demonstration model; and.
(f) have spare parts and facilities for the repair of any goods reasonably available for a reasonable period.
11. REMEDIES FOR BREACH OF CONSUMER GUARANTEES
If the supplied Products, Appliances or Accessories fail to meet a Consumer Guarantee then:
(a) when the problem is minor, the Company can choose between providing a repair or offering the Customer a replacement or refund;
(b) when there is a major failure, the Customer can:
i.reject the Products, Accessories or Appliances within a reasonable period (unless the products or appliances have been attached to the Customer’s premises in such a way that they cannot be detached or isolated without damaging them) and either choose a refund by cancelling under clause 14(a) or a replacement; or
ii.ask for compensation for any drop in value of the Products, Accessories and Appliances as a result of the failure; and
(c) the Customer can ask for compensation for any reasonably foreseeable loss incurred as a result of the said failure.
(a) If the Customer fails to make any payment under this contract on time the Company will charge the Customer interest at the interest rate payable on Supreme Court judgments from time to time on what is unpaid. Such failure to pay is a serious breach of the Customer’s obligations.
(b) The Customer must reimburse the Company for any debt collecting costs (and commissions) the Company pays to recover, or attempt to recover any overdue payment.
13. INTELLECTUAL PROPERTY RIGHTS
The Company owns all copyright and other intellectual property rights in the Product, the plans and the specifications. If the Customer provides any sketch, plan or document, which infringes any third party’s copyright, the Customer will indemnify the Company against all claims and costs whatsoever.
14. CANCELLATION BY THE CUSTOMER
(a) The Customer may cancel the contract immediately by written notice:
i.in the circumstances set out in clauses 3(c), 3(e) or 11(b)(i); or
ii.if the Company becomes, threatens or resolves to become or is in jeopardy of becoming subject to any form of insolvency administration.
(b)If this Contract is cancelled by the Customer in the circumstances referred to in clauses 3(c) or 11(b)(i) all monies paid by the Customer will be refunded.
(c) If this contract is cancelled by the Customer in the circumstances referred to in clauses 3(e) or 14(a)(ii) the deposit and any other monies already paid by the Customer up to the value of the costs incurred by the Company to the date of cancellation may be retained by the Company.
15. CANCELLATION BY THE COMPANY
(a) The Company may cancel this Contract immediately by written notice:
i.in the circumstances set out in clause 3(d);
ii.if the Customer is in breach of any term of this contract and the breach is not remedied within thirty (30) days of written notice by the Company; or
iii.if the Customer becomes or threatens to become bankrupt;
(b) If the Company cancels the contract under any of the circumstances in clause 15(a), the Company may retain the deposit and any other monies already paid by the Customer up to the value of the costs incurred by the Company to the date of cancellation. This right is in addition to any rights or remedies the company may be entitled to at law.
The Customer acknowledges that the company will apply GST and any other applicable Federal or State government taxes or charges to every transaction.
17. SPECIAL OFFERS BY THE COMPANY
The Customer accepts that any special offer made in this contract supersedes all other offers and agrees that any future offers will not apply to this contract, unless stipulated otherwise in writing by the Company.
The Customer acknowledges and agrees that if the Customer has taken out finance with a third party to purchase the Product, Appliances and Accessories the Customer will be responsible for the repayment of that finance.
If the whole or any part of a provision of this contract is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this clause has full force and effect and the validity and enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this contract or is contrary to public policy.
20. CHOICE OF LAW
The Company and the Customer agree that the terms of this contract shall be governed in accordance with the laws of VICTORIA, Australia.
21. DISPUTE RESOLUTION
Before the Customer seeks any external dispute resolution in relation to a dispute concerning this Contract or a party’s actions or omissions, it must follow the following escalation procedure:
(a) the Customer must notify the Company in writing advising of:
i.its reasons for the dissatisfaction (Issue); and
ii.the available dates to meet and discuss the Issue.
(b) within 7 days of receiving the Notice, the Company must notify the Customer, in writing, advising of its available dates to meet and discuss the Issue.
(c) the parties must meet and discuss the Issue and use best endeavours to resolve the Issue within 7 days of this meeting.
(d) if within 7 days from the meeting referred to in the preceding sub-paragraph the parties have failed to resolve a dispute, the parties must resolve the dispute by reference to the Department of Fair Trading (New South Wales) or the equivalent government department in the State where the Product is to be delivered.
The customer acknowledges to have read and understood the section that deals with “Next Steps”, in the event of a transaction involving a DIY HOME DESIGN CONSULTANT.
23. NEXT STEPS
Experience has taught us that the more informed our customers, the smoother the renovation process.
Installing your kitchen is a joint collaboration and as such we recommend you review the checklist below which outlines what will happen next and what you need to prepare for. Whilst our customer service team is always on hand to guide you through the renovation process, it’s essential you remain informed and involved so we can deliver your kitchen on time – for example, you’ll need to make final decisions, sign off on plans, and meet and allow access for tradesmen.
Once your deposit has been paid, your DIY HOME DESIGN CONSULTANT will help you with any questions you might have will liaise on your behalf with the customer service team, help you view and sign off plans and make payments at a time that suits you.
- Your site checker will make contact to arrange a time for the site check. He will run through and confirm all aspects of your new kitchen with you. This is a very important step in the new kitchen process and you should allow at least 1.5 hours with all key decision makers present at the meeting. You will also need to provide the site checker with all of your appliance details and your progress payment of 30%.
- Your designer will have provided you with an estimate of trades. Please confirm these with your site checker at this appointment.
- Once the site check is complete and there are no design changes you will sign off and accept your kitchen, which will proceed immediately into production.
- If there are design changes these will be documented and your DIY HOME DESIGN CONSULTANT will ask you to approve the changes
- Once signed approved plans are received by our factory there are no further changes allowed as the kitchen will be in production.
- Your kitchen will then take between 3-4 weeks to be delivered and your DIY HOME DESIGN CONSULTANT will make contact to organise a delivery and installation date.
- Once you receive the delivery date you should contact your installer to make arrangements for access. You will need to empty cupboards and clear of all the contents from your old kitchen ready for removal. Please clear a space for the new kitchen to be delivered into. Remember to leave enough time and prepare spare boxes in advance as it can be a time consuming task.
- The balance of your kitchen supply contract is payable on or before kitchen delivery.
- Payment for installation (as per quote and agreed variations) and any trades work is payable direct to the trades person at time of completion.
- If you have chosen a stone benchtop, or a porcelain splashback, you will need to contact your stone mason to arrange a check measure once your kitchen is installed. New templates will need to be made and the benchtop will be installed approximately 10 working days later.
- If you have chosen a glass splashback you will need to contact the glass supplier to arrange a check measure after the benchtop has been installed. The glass splashback will be installed approximately 10 working days later.