Terms & Conditions

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  1. Contract

 

  • The Contract between McColl Cabinet Makers Pty Ltd ACN 060 065 849 (McColl Cabinet Makers Pty Ltd) and the Client for the provision of Works comes into force upon the Client’s acceptance of the Quotation.

 

  • The Quotation is open for acceptance for a period of 90 days for business clients and 30 days for individual retail clients from the date of the Quotation upon which time the offer will lapse.

 

  • The Quotation, QBBC Consumer Building Guide, HIA Contract (if applicable) and Terms constitute the entire Contract between McColl Cabinet Makers Pty Ltd and the Client.

 

  • Manufacturing is carried out at the absolute discretion of McColl Cabinet Makers.  By signing the Quotation the Clients agrees to accept McColl Cabinet Makers Pty Ltd standard manufacturing methods and techniques unless special requests are noted in writing within the selection form or on the Clients final plans.

 

  1. Base Information and Project Commencement

2.1 The Client (or Client representative) is to provide all background information including but not limited to:

(a)  signed selection forms containing details of all materials, colours and hardware selections;

(b)  signed final plans to confirm the drawings are correct;

(c)   signed HIA Contract if the Quotation is in relation to a renovation of a bathroom, laundry or kitchen; and

(d)   QBBC Consumer Building Guide

2.2. McColl Cabinet Makers Pty Ltd endeavour to minimise time delays and potential cost to the Client by commencing a project only when advised by the Client to begin. Otherwise, the Client (or Client representative) will be charged variation fees for re-work due to changing or outdated base information.

2.3 If McColl Cabinet Makers are removing an existing structure as part of the Works and issues arise with undisclosed or undiscoverable items prior to providing the Quotation, the Client will be liable for additional time and resources required due to the unforeseen circumstances.

  1. Variations

3.1    The Fee proposal is based on McColl Cabinet Makers Pty Ltd’s calculation to complete the relevant renovation. The Fee is limited to the Works outlined in the Quotation unless otherwise varied in writing and signed by both parties. If a variation or special condition is not made in writing and signed then McColl Cabinet Makers will not be liable and the Client will be unable to make any claim.

  1. Specialist Services

4.1 Where possible McColl Cabinet Makers Pty Ltd have included all anticipated costs associated with the completion of the required Works based on the Client brief.

4.2 Where other specialist trades services are required, McColl Cabinet Makers Pty Ltd will engage these specialist services directly at a cost to the Client.

  1. Payment Terms for Private Clients

5.1 McColl Cabinet Makers Pty Ltd require an engagement Fee of 10% of the total contract price (including labour, materials and GST) if the project is quoted as being under $20,000 or 5% of the total contract price (including labour, materials and GST) if the project is quoted as being over $20,000 from the Client to commence Works on the Client’s project. This amount must be received within seven (7) days of the Client accepting the Quotation.

5.2 The balance Fees are payable by the Client to McColl Cabinet Makers Pty Ltd as per the progress payment schedule included in the Quotation.

  • Late payments by the Client will be subject to a late payment fee of 15% per annum. Accrued from and including the payment due date to the date of payment.

 

  • The Client shall also be liable to pay all expenses that are incurred by McColl Cabinet Makers Pty Ltd in the recovery of any payment (including, but not limited to, all legal costs on a solicitor/own Client basis).

 

  • Where payment is more than 14 days late, McColl Cabinet Makers Pty Ltd may treat the Client’s conduct as repudiation of the Terms of this Contract and McColl Cabinet Makers Pty Ltd may at McColl Cabinet Makers Pty Ltd’s sole discretion suspend Works or terminate the Contract in accordance with clause 8.

 

  • The Fee is inclusive of GST. The Client must pay McColl Cabinet Makers Pty Ltd all GST payable in respect of the supply of goods and services in performance of the Works under the Terms.

 

  • Unless otherwise provided in writing by the McColl Cabinet Makers Pty Ltd, the Client shall not be entitled to retain any part of the Fee by way of retention monies to guarantee satisfactory operation of the goods supplied and installed.

 

  • No credit terms will be offered to the Client nor can they be inferred.
  1. Payment Terms for Business Clients

5.1 McColl Cabinet Makers Pty Ltd require a purchase order from the Client and/or a signed copy of the quotation be submitted to McColl Cabinet Makers Pty Ltd to commence Works on the Client’s project.

5.2    The Fees are payable by the Client to McColl Cabinet Makers Pty Ltd within the time specified on the quotation and /or invoice at receipt of the invoice.

5.3   McColl Cabinetmakers Pty Ltd payment terms are final and are considered accepted shall the quotation be accepted by the client.

  • Late payments by the Client will be subject to a late payment fee of 15% per annum. Accrued from and including the payment due date to the date of payment.

 

  • The Client shall also be liable to pay all expenses that are incurred by McColl Cabinet Makers Pty Ltd in the recovery of any payment (including, but not limited to, all legal costs on a solicitor/own Client basis).

 

  • Where payment is more than 14 days late, McColl Cabinet Makers Pty Ltd may treat the Client’s conduct as repudiation of the Terms of this Contract and McColl Cabinet Makers Pty Ltd may at McColl Cabinet Makers Pty Ltd’s sole discretion suspend Works or terminate the Contract in accordance with clause 8.

 

  • The Fee is inclusive of GST. The Client must pay McColl Cabinet Makers Pty Ltd all GST payable in respect of the supply of goods and services in performance of the Works under the Terms.

 

  • Unless otherwise provided in writing by the McColl Cabinet Makers Pty Ltd, the Client shall not be entitled to retain any part of the Fee by way of retention monies to guarantee satisfactory operation of the goods supplied and installed.

 

  1. Warranties

 

  • The Client warrants that it has sufficient funds to pay for the Works in accordance with Clause 5 of the Terms.

 

  • The Client warrants that the information provided in relation to the Works is true and accurate and acknowledges that this is an essential term of the Contract. Failure to provide true and accurate information may result in an increase in Fees or the suspension or termination of Works by McColl Cabinet Makers Pty Ltd.

 

  1. Limitation of Liability

 

  • Where the Client is a consumer for the purpose of the Australian Consumer Law, the Client acknowledges and agrees that, subject to the Competition and Consumer Act 2010 (Cth) or other applicable legislation, McColl Cabinet Makers Pty Ltd’s total liability for any loss, damage or reliance shall be limited to:

 

  • in the case of goods, either replacement of goods, repair of goods, or a refund of the price paid for the goods (as determined by McColl Cabinet Makers Pty Ltd); or

 

  • in the case of services, either supply of the services again or a refund of the price paid for the services (as determined by McColl Cabinet Makers Pty Ltd).
    • To the extent permitted by law, the Works are provided without any warranties of any kind, whether statutory, express or implied, including but not limited to merchantability, fitness for a particular purpose, accuracy, completeness, compatibility or guaranteed results or outcomes.

 

  • McColl Cabinet Makers Pty Ltd shall not be liable for any loss or damage resulting from fire, water, wind-storm, hail, lightening, earthquake, theft, riot, misuse or abuse, or any other circumstance beyond McColl Cabinet Makers Pty Ltd’s control.

 

  • If a Client chooses to provide McColl Cabinet Makers with their kitchen appliances then the Client is choosing to do so at their own risk and McColl Cabinet Makers will not be liable for any damage caused or theft.

 

  • All materials including (but not limited to) manufactured board, 2 pac paint, timber, laminate, veneers, tiles, paints, plaster and stone can often show slight surface imperfections and/or colour/surface variations.  While all due care is taken this can often not be avoided and is considered acceptable to the industry when within QBCC guidelines and manufacturers specifications. McColl Cabinet Makers Pty Ltd will therefore not be liable for such small imperfections.

 

  • Where applicable, materials and hardware are subject to a manufacturer’s warranty.

 

7.7        If the Client fails to pay for the Goods within the period of credit (if any) or before the due date of the invoice or progress payments schedule and in accordance with, the Personal Property Securities Act 2009, McColl Cabinet Makers Pty Ltd may recover possession of the goods at any site owned, possessed or controlled by the Client and the Client agrees that , McColl Cabinet Makers has an irrevocable licence to do so.

  1. Termination

 

  • Termination by the Client (in whole or in part) may only occur with the written consent of McColl Cabinet Makers Pty Ltd. All costs incurred by McColl Cabinet Makers Pty Ltd or associated with the termination of the Works by the Client will be recoverable as a debt due from the Client.

 

  • Without prejudice to any other rights and remedies which McColl Cabinet Makers have, if:

(a) the Client does not pay any amount properly due under clause 5; and/or

(b) the Works are suspended by the Client for a period in excess of one (1) month; and/or

(c) the Client becomes bankrupt, insolvent, makes arrangements with its creditors, enters into administration or commits an act of insolvency or bankruptcy; and/or

(d) information provided with regard to the Client’s source of finance is found to be inaccurate or untrue or McColl Cabinet Makers Pty Ltd otherwise have reasonable grounds to believe the Client may be unable to pay for the Works;

 

McColl Cabinet Makers Pty Ltd may suspend Works or terminate the Contract. All costs, charges and losses incurred by McColl Cabinet Makers Pty Ltd (including legal costs on an indemnity basis) as a result of the termination of the Contract or suspension of Works will be recoverable as a debt due from the Client.

 

  1. Indemnity

The Client agrees to indemnify McColl Cabinet Makers Pty Ltd against any cost, detriment, loss, injury or damage caused by breaching the Terms of this Contract.

 

  1. Dispute

 

10.1 If any dispute concerning this Contract arises and cannot be resolved between the parties within seven (7) days, it must in be referred to the Queensland Law Society who will appoint a mediator to attempt to resolve the dispute. All costs associated with the mediation will be shared equally between the parties.

 

10.2 A dispute or difference shall not be sufficient grounds to withhold payment.

 

  1. Jurisdiction

 

This Contract shall be governed by and construed in accordance with the laws of Queensland and the parties agree to submit to the non-exclusive jurisdiction of the Courts of Queensland.

 

  1. Severance

 

If any clause, sub-clause, paragraph, sub-paragraph or part thereof of this Contract shall be held or found to be void, invalid or otherwise unenforceable, it shall be deemed to be severed to the extent that it is void or to the extent of voidability, invalidity or unenforceability, but the remainder of the Contract shall remain in full force and effect.

 

  1. Definitions

“Australian Consumer Law” means the national law for fair trading and consumer protection as set out in schedule 2 of the Competition and Consumer Act 2010 (Cth) as amended from time to time;

 

“Contract” means the Quotation and the Terms;

“Client” means the entity named as such on the Quotation;

 

“Fee” means the cost of the Works as identified on the Quotation;

 

“Goods” includes all chattels personal other than things in action and money. The term includes emblements and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale.

 

“Quotation” means the quotation attached to these Terms outlining the Client, the Works and the Fee;

 

“Terms” means these standard terms and conditions; and

“Works” means the supply of goods, materials and or services by McColl Cabinet Makers Pty Ltd to the Client as stipulated in the Quotation.