Our Terms And Conditions - Commercial Fit Outs Brisbane

Our Terms And Conditions (“Terms”)

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the platinumjoinery.com.au website (the “Service”) operated by Platinum Joinery Interiors (“us”, “we”, or “our”).

Terms & Conditions

Definitions 1. In this document the following definitions apply.

(a) “Platinum Joinery Interiors Pty Ltd (ACN 622 528 876)” shall mean its subsidiary/ies and related companies as defined in the Corporations Act 2001 (Cth) and their and each of their servants or agents, hereinafter referred to as the “Company”.

(b) “Client” shall mean any person, firm, corporation, government, semi-government or local government department or authority, its successor’s, assignee’s, trustee’s, administrator’s, or liquidator’s, to whom or to which “Goods and Services” are sold by the “Company”.

(c) “Goods and Services” means any services, goods or products produced, provided and/or sold to the “Client” by the “Company”.

(d) “Indemnity” whenever it is herein provided that the “Customer” shall indemnify the “Company”, then the indemnity to be provided shall be a full and complete indemnity from and against liability in respect of all claims, demands, action, suits, proceeds, and costs.

(e) “Parties” shall mean the “Client” and the “Company”.

Introduction

Application of these Terms & Conditions

The client agrees that prior to place an order with company, the client has read & agreed to the terms and conditions as set out here. For the purposes of this agreement “Contractor is Platinum Joinery Interiors Pty Ltd (ACN 622 528 876) & the client means the person/s buying the goods and services (on & off-site assembly) ‘Components’ mean hinges. drawer runners, door handles and associated hardware.

Quotes

2.1 Contractor Quote

The Contractor shall give the Client a Quote specifying the work required to fulfil the Client’s instructions and an estimate of the Contractor’s charge for the performance of such work.

2.2 Acceptance by the Client

Where the Contractor has given the Client a Quote:

The Contractor need not commence work until the quote has been accepted by the Client.
The Client shall accept the Quote by instructing (in writing) the contractor to commence the works accompanied by a purchase order if applicable.
Acceptance by the client of the quote will constitute acceptance by the client of these Terms & Conditions.
Quotes are valid for 30 days from the date of issue unless an extension has been authorised by the Contractor in writing.
The client warrants that it has not relied on any representation by the Contractor and its employees/agents other than supplied in writing in the quote.

2.3 Contractor May Revise Quote

The Contractor may amend the quote after a period of Three (3) months form the date of the signed acceptance of the Quote to take into account any rise or fall in the cost of performing the Order and the Contractor shall notify the Client of such an amendment as soon as reasonably possible. The Contractor will not be obligated to commence work until such a time as the Client agrees to the amendment of the Quote.

2.4 Variations

Where there are variations in the original quote (a) the Client shall indemnify the Contractor for any additional cost incurred by the Contractor, should the Client increase the scope of the goods and/or services to be provided by the Contractor; and (b) variations within a period subject to a progress payment shall be payable at that time and no later.

2.5 Copyright

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.

2.6 Ideas

The Client must keep confidential and not use any ideas communicated by the Contractor to the Client without the Contractors prior consent.

2.7 Shop Drawings

Quote includes allowances for one set of basic shop drawings and one revision only. Requests for further revisions or detailed shop drawings will be dealt with as a variation.

Delivery

3.1 If delivery of goods or components shall be made to the Client’s nominated address. The Client shall make all arrangements to take delivery. Failure to do so may incur additional costs.

3.2 Delivery of the goods made to the Client at the Suppliers address will be on an agreed date and failure by the Client to uplift Goods from the Supplier’s address on the agreed date will entitle the Contractor to raise an invoice subject to the Supplier’s payment terms (as if the Client has taken possession of the Goods.) & the Client may also incur daily storage charges.

3.3 Delivery of Goods and Components to a third party and/or site nominated by the Client is deemed delivery to the client for the purpose of this agreement.

Site Access

4.1 Any worksite must be 100% ready for the Contractor to commence work including sub-trade’s if required and the Client shall ensure that the Contractor has clear and uninterrupted access to the work site until the Contractor’s work has been completed and the Contractor has been paid in full.

4.2 Any delays to the commencement of work or if the site becomes impeded or if the site becomes to crowded to work safely the Contractor reserves the right to charge additional costs.

Defects

5.1 The Client shall inspect the Goods 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 Supplier the opportunity to inspect the Goods & Components within a reasonable time following delivery if the client believes the Goods and Components are defective in anyway. If the Client shall fail to comply with these provisions the Goods and Components shall be conclusively presumes to be in accordance with these terms and conditions and free from defects.

Payment

6.1 Time for payment

The Client must, within the time specified in the Quote. Upon the Client receiving the Contractor’s invoice, pay the Contractor the total amount set out in the invoice or payment claim.

6.2 Deposit

The Contractor will require a 30% deposit from the Client. The Client acknowledges that the Contractor is under no obligation to start the contact period, order materials or undertake any works until the deposit is received in full and when all the details pertaining to contract are finalised. In the event of default as 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 terms and conditions or a law or inequity generally.

6.3 Progress Payments

The progress payment schedule required by the contactor is as follows:

Deposit 30% + GST

Progress 40% + GST

Progress 20% + GST

Remainder on completion

When 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.

6.4 Interest

The Contractor may charge interest at a rate of thirty five percent per annum (30% per year)

Calculated daily on amounts not paid within the times specified in clause 6.1, 6.3 and 6.5.

6.5 Remedial Work

The Client herby agrees that in the event remedial work is required for work completed to date, the Client shall only hold back the value/amount (agreed by both parties) of having the work replaced and not the entire due payment. The balance muse be paid on receipt of the contractor’s invoice or payment claim.

6.6 Damages

The Client must pay the Contractor any costs, expenses or losses incurred by the contract because of the Client’s failure to pay to the Contractor all sums outstanding as owed by the Client to the Contractor including without limiting the generality of the foregoing any debt collection and legal costs incurred in enforcing payment on a Solicitor and own client basis.

6.7 Cancellation

The Client shall reimburse the Contractor for any cost, expenses or losses incurred by the Contractor should the Client cancel the accepted Quote or Work Authorisation. The time for payment for such cancellation shall be seven (7) days from the Contractor’s invoice.

Payment Claim

7.1 On completion of the Work (and if applicable) the Contractor shall make a payment claim in accordance with The Building Industry Fairness (Security of Payment) Act 2017. The Client must respond appropriately and within the time specified in the Act.

GST

8.1 The Client must be pay an amount equivalent to the amount payable by the Supplier as GST on supply made by the Supplier to the Client under this agreement.

Risk

9.1 The risk in the Goods and Components shall pass to the Client upon delivery to the Client or to a third party nominated by the Client.

Title

10.1 Notwithstanding the delivery of Goods or their installation, title in any particular Goods shall remain with the Contractor until the Client has paid and discharged any and all monies owing pursuant to any invoice issued by the Contractor for the Goods, including all applicable GST and other taxes, levies and duties. Where the Goods have been on-sold by the Client, the Client will be taken to hold the proceeds of sale of such Goods upon trust for the Contractor and to account to the Contractor for these proceeds. Any payment made by or on behalf of the Client which is later avoided by the application of any Statutory Provisions shall be deemed not to discharge the Contractors title in the Goods nor the Customer indebtedness to the Contractor and, in such an event, the parties are to be restored to the rights which each respectively would have had if the payments had been made.

10.2 Bailment

The Client acknowledges that it is in possession of the Good solely as Bailee until payment of all invoices and progress payments for the Goods is made pursuant to clause 8.1 and until that time:

the Client is not entitled to sell the Goods but only in the ordinary course of business;
the Client must not encumber or otherwise charge the Goods;
the Client shall be fully responsible for any loss or damage to the Good whatsoever and howsoever caused following delivery or installation of the Goods to the Client.

10.3 Repossession

The Client hereby irrevocable grants to the Contractor the right, at its sole discretion, to remove or repossess any Goods from the Client and sell or dispose of them, and the Contractor shall not be liable to the Client or any person claiming through the Client and the Contractor shall be entitled to retain the proceeds of any Goods sold and apply same towards the Client’s indebtedness to the Contractor. If the Client commits an act of bankruptcy, enters into any form of administration or liquidation, makes any composition or arrangement with its creditors, ceases to carry on business or breaches any fundamental clause of this agreement, then the Contractor may, without prejudice to any other remedies it may have, repossess any Goods delivered to the Client on any account which has not been paid in accordance with the terms and conditions herein and commence proceedings to recover the balance of any monies owing to the Contractor by the Client.

Warranty

11.1 The warranty on the workmanship shall be for a period specified in the Quote or Work Authorisation.

11.2 Any warranty as to the Components on the part of the Client shall be the same as the written warranty provided by the Manufacturer to the Contractor on or before installation of the Goods.

11.3 The Client shall indemnify the Contractor against all warranties attached to products used in the Contract but purchased independently of the Contractor.

11.4 The Contactor warrants that the work will 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.

11.5 The Contractor reserves the right to make null and void the warranty should the Goods to be modified, altered, damaged, or put to any undue stress other than in the way the Goods were designed to perform.

11.6 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 properly assessing the Client’s claim.

Liability

12.1 Non-excludable Rights

The Parties acknowledge that, under applicable Stat and Commonwealth law, certain conditions and warranties may be implied in these terms and conditions and there are rights and remedies on the Client in relation to the provision of the Good or of services which cannot be excluded, restricted, or modified by the agreement (“Non-excludable Rights”)

12.2 Disclaimer of Liability

The contractor disclaims all conditions and warranties expressed or implied, and all rights and remedies conferred on the Client, by statue, the common law, equity, trade, custom or usage or otherwise and all those conditions and warranties and all those rights and remedies are excluded other than any Non-excludable Rights. To the extent permitted by law, the liability of the Contractor for a breach of a Non-excludable Right is limited, at the Contractor’s option, to the supplying of the Goods and/or any services again or payment of the cost of having the Goods and/or services supplied again.

12.3 Indirect Losses

Notwithstanding any other provision of these terms and conditions, the Contractor is in no circumstances (whatever the cause) liable in contract, tort including without limitation, negligence or breach of statutory duty or otherwise to compensate the Client for:
(a) any increased costs or expenses
(b) any loss of profit, revenue, business, contracts or anticipated savings;
(c) any loss or expense resulting from a claim by a third party; or
(d) any special, indirect or consequential loss or damage of any nature whatsoever caused by the Contractor’s failure to complete or delay in
completing the Order or to deliver the Goods.

12.4 Force Majeure

The Contractor will have no liability to the Client in relation to any loss, damage or expense caused by the Supplier’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, the inability of the Contractor’s normal Contractors to supply necessary material or any other matter beyond the Contractor’s control.

Privacy

13.1 The Client hereby authorises the Supplier to collect, retain, record, use and disclose commercial and/or consumer information about the Client’s credit worthiness, credit standing, credit history or 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 Supplier, a debt collector, credit reporting agency and/or any other individual or organisation which maintains credit references and/or default listings.

13.2 The Supplier may give information about the Client to a credit reporting agency for the purposes of obtaining consumer and commercial credit reports and/or lodging consumer and commercial defaults on the Client’s credit file. This information may be given before, during or after the provision of credit to the Client and will be in accordance with the Privacy Act 1988 and subsequent amendments.

Security and Charge

14.1 The Client hereby charges all property, both equitable and legal, present or future of the Client in respect of any monies that may be owing by the Client to the Contractor under the terms and conditions or otherwise and hereby authorises the Contractor or its solicitors to execute any consent form as its attorney for the purpose of registering a caveat over any real property owned by the Client at any time or to register this charge over assets of the Client.

General

15.1 Client Acknowledgement

Imperfections on bench tops and two pack paintwork may be evident in certain light. In most cases this will be accepted industry standards and the Client agrees to this assertion.

15.2 Severability

Any provision in these terms and conditions which is invalid or unenforceable in any jurisdiction must be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable. If that provision cannot be read down, then it is capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these terms and conditions or affecting the validity or enforceability of that provision in any other jurisdiction.

15.3 Governing Law and Jurisdiction

These terms and conditions are governed by the laws of the State of Queensland and all disputes arising between the Client and the Supplier will be submitted to the Brisbane Registry of any Court as is competent to hear the matter.

Contact Us

If you have any questions about these Terms, please contact us.