Terms and Conditions

1. Definitions 1.1 “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010. 1.2 “Seller” shall mean the Kitchen Door Kings entity named on the order form and its successors and assignees. 1.3 “Buyer” shall mean the buyer or any person or Seller acting on behalf of and with the authority of the buyer. 1.4 “Consequential Loss” means any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. 1.5 “Goods” shall mean the goods supplied by the Seller to the Buyer (and where the context so permits shall include any supply of Services as hereinafter defined). 1.6 “Services” shall mean all services supplied by the Seller to the Buyer and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined supra). 1.7 “Price” shall mean the price of the Goods and Services as agreed between the Seller and the Buyer subject to clause 4 of this contract. 

2. Acceptance 2.1 Any instructions received by the Seller from the Buyer for the supply of Goods/Services shall constitute acceptance of the terms and conditions contained herein. The Buyer may only rescind in accordance with clause 14 of these terms and conditions. 

3. Goods 3.1 The Goods shall be as described on the order form, invoices, quotation, work authorisation or any other work commencement forms as provided by the Seller to the Buyer. 

4. Price and Payment 4.1 The price of the Goods and Services shall be the Seller’s quoted price which shall be binding upon the Seller provided that the Buyer accepts the Seller’s quote within 28 days. Any variation from the plan of scheduled works or specification, or from measurements taken on site, will be at extra cost to the Buyer. The Seller will notify the Buyer of any additional costs associated with any variation. The Buyer will then have 28 days to accept the Sellers revised quote or terminate in accordance with clause 14. 4.2 Time for payment for the Goods and Services shall be as stated on the invoice, quotation or any other order forms agreed by the Buyer and the Seller. 4.3 A deposit may be required and will be set out on the quote. The deposit shall be payable upon the Buyer and the Seller accepting the contract. 4.4 Payment will be made by cash, or by EFTPOS, or by bank cheque, or by direct credit or any other method as agreed to between the Buyer and the Seller. 4.5 The price shall be increased by the amount of any GST and other taxes and duties which may be applicable, except to the extent that such taxes are expressly included in any quotation given by the Seller. 4.6 All prices are in Australia Dollars.

5. Delivery of Goods 5.1 Subject to the express terms herein, if the Seller agrees to send the Goods to the Buyer at the expense of the Buyer then delivery of the Goods to a carrier, either named by the Buyer or, if the Buyer does not name a carrier, at the discretion of the Seller. 5.2 The costs of carriage and any insurance which the Buyer reasonably directs the Seller to incur shall be reimbursed by the Buyer (without any set-off or other withholding whatever) and shall be due on the date for payment of the Price. 5.3 Where the Buyer and Seller agree that the Seller shall deliver the Goods, delivery shall take place when the Goods arrive at the site agreed by the Buyer and the Seller or otherwise upon title passing to the Buyer in accordance with clause 12. 5.4 Where there is no agreement that the Seller shall send the Goods to the Buyer, delivery to a carrier at limited carrier’s risk at the expense of the Buyer is deemed to be delivery to the Buyer. 5.5 The Seller may deliver the Goods by separate instalments (in accordance with the agreed delivery schedule). Each separate instalment shall be invoiced and paid for in accordance with the provision in this contract of sale. 5.6 The failure of the Seller to deliver shall not entitle either party to treat this contract as repudiated. 

6. Installation of Goods 6.1 The installation term, refers to the installation of the Goods ordered only. 6.2 Other trades involved in the installation of the Goods are not covered in this agreement, and do not form part of nor come under the umbrella of this agreement. 6.3 All advertised installation time frame offers, are for new Goods being installed into an already prepared area and excludes any building alterations that may be required. 

7. Risk 7.1 Risk in the Goods shall pass to the Buyer upon successful delivery in accordance with clause 6. 7.2 If any of the Goods are damaged or destroyed while they are at the Buyer’s risk and prior to title in them passing to the Buyer, the Seller is entitled, without prejudice, to any of its other rights or remedies under these terms and conditions (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 terms and conditions. The production of these terms and conditions by the Seller is sufficient evidence of the Seller’s rights to receive the insurance proceeds without the need for any person dealing with the Seller to make further enquiries. The Seller will apply the insurance proceeds as follows: (a) first, in payment of the price of the Goods that are damaged or destroyed, if unpaid; (b) second, in payment of the outstanding price of any other Goods supplied to the Buyer by the Seller whether under these terms and conditions or otherwise; (c) third, in payment of any other sums payable to the Seller by the Buyer on any account, (d) fourth, any balance is to be paid to the Buyer. 

8. Defects 8.1 The Buyer shall inspect the Goods/Services on delivery and/ or installation and shall within a reasonable period following delivery and/or installation notify the Seller of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Buyer shall afford the Seller an opportunity to inspect the Goods/Services within a reasonable time following installation/delivery. 

9. Limitation of Liability 9.1 In the event of any breach of the Buyer’s rights under the Australian Consumer Law by the Seller the remedies of the Buyer shall be limited to the mandatory remedies provided by the provisions of the Australian Consumer Law. 9.2 Despite anything to the contrary, but subject to the Buyer’s rights under the Australian Consumer Law, to the maximum extent permitted by law: (a) neither the Buyer nor the Seller will be liable for Consequential Loss; and (b) for liability not captured by clause 9.1, the Seller’s aggregate liability for any loss or damage arising from or in connection with these terms and conditions will be limited to the price paid by the Buyer in respect of the supply of the relevant Goods to which to loss or damage relates. 

10. Warranty 10.1 If at the Seller’s discretion there appears to be a defect with the Goods and/or Services and they are not up to a suitable standard then the Seller may repair or replace or refund the Goods and/or Services in accordance with its obligations under the Australian Consumer Law. 10.2 Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. 

11. Default and Consequences of Default 11.1 Interest on overdue invoices shall accrue from 5 business days after 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 judgement. 11.2 If the Buyer defaults in payment of any invoice when due, the Seller may cease providing the Goods and Services and recover as a debt due and immediately payable the additional costs (including recovery costs) of doing so. 11.3 In the event that: (a) any money payable to the Seller becomes overdue, or; (b) the Buyer 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 or its creditors, or; (c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Buyer or any asset of the Buyer, then; the Seller shall be entitled to cancel all or any part of any order of the Buyer which remains unperformed in addition to and without prejudice to any other remedies and all amounts owning to the Seller shall, whether or not due for payment, immediately become payable. 

12. Title 12.1 It is agreed by the Buyer that title in the Goods shall not pass until the Buyer has paid all amounts owing for the particular Goods. 12.2 It is further agreed that: (a) The Buyer shall not deal with the money of the Seller in any way which may be adverse to the Seller. (b) Until such time as ownership of the Goods shall pass from the Seller to the Buyer, the Seller may give notice in writing to the Buyer to return the Goods to the Seller. Upon such notice the rights of the Buyer to obtain ownership or any other interest in the Goods shall cease. (c) If the Buyer fails to return the Goods to the Seller, then the Seller or its agent may enter upon and into land and premises where the Goods are situated and take possession of the Goods, without being responsible for any damage caused. (d) The Buyer shall not charge the Goods in any way nor grant a lien nor otherwise give any security interest in the Goods while they remain the property of the Seller. (e) The Seller can issue proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods may not have passed to the Buyer. 

13. Personal Property Securities Act 13.1 Upon assenting to these terms and conditions the Buyer acknowledges and agrees that these terms and conditions constitute a security agreement under the Personal Property Securities Act 2009 (“PPSA”). 13.2 The Buyer agrees to sign any further documents and/or provide any further information, such information to be complete, accurate and up-to-date in all respects, which the Seller may reasonably require to register the Seller’s security interest under this Agreement on the Personal Property Securities Register. 

14. Cancellation 14.1 The Seller may cancel delivery of Goods and Services at any time before the Goods are ordered by giving 5 business days’ written notice. 14.2 Upon termination, to the maximum extent permitted by law and subject to the Buyer’s rights under the Australian Consumer Law: (a) the Seller shall not be liable for any loss or damage whatever arising from cancellation under clause 14.1; (b) any payments made by the Buyer in advance are not refundable; and (c) The Buyer shall pay for any Goods and Services provided prior to termination, including those which have been provided but not yet invoiced. 14.3 The Buyer shall not have the right to cancel this contract after the Seller has accepted and commenced the works or otherwise incurred any cost in connection with the works. All manufactured Goods (doors, drawer fronts, panels, benchtops, splashbacks, kickboards, cabinets) are made to measure. 

15. Privacy Laws 15.1 The Buyer authorises the Seller to collect, retain and use any information about the Buyer, for the purpose of the Seller providing the Goods and Services under this agreement. 15.2 The Buyer authorises the Seller to disclose any information obtained to any person on a need-to-know basis for the purposes set out in clause 15.1. 15.3 The Buyer’s personal information will be dealt with by the Seller in accordance with any applicable privacy laws. 

16. Unpaid Sellers Rights to Dispose of Goods 16.1 In the event that: (a) the Seller retains title to the Goods; and (b) payment of the Price is due to the Seller; and (c) the Seller has made demand in writing of the Buyer for payment of the Price in terms of this contract; and (d) the Seller has not received the Price of the Goods, then the Seller may dispose of the Goods and may claim from the Buyer the loss to the Seller on such disposal. 

17. Lien & Stoppage in Transit 17.1 Where title has not passed to the Buyer, the Seller shall have: (a) a lien on the Goods; (b) the right to retain them for the Price while the Seller is in possession of them; (c) a right of stopping the Goods in transit whether or not delivery has been made; and(d) a right of resale, (e) the foregoing right of disposal, provided that the lien of the Seller shall continue despite the commencement of proceedings or judgment for the Price having been obtained. 

18. General 18.1 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. 18.2 All Goods and Services supplied by the Seller are subject to the laws of Australia and the Seller takes no responsibility for changes in the law which affect the Goods or Services supplied. 18.3 The Buyer shall not set off against the Price amounts due from the Seller. 18.4 The Seller may license or sub-contract all or any part of its rights and obligations without the Buyer’s consent. The Seller agrees that any subcontracting does not discharge it from any liability under these Terms and that it is liable for the acts or omissions of its subcontractors. 18.5 Neither party shall be liable for any default due to any act of god, war, strike, lock out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party. 18.6 Should the Seller 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 your obligations remain unchanged. 

19. Renovation of Existing Kitchens 19.1 In accordance with the Kitchen Door Kings Renovation Method, the Buyer agrees to the Seller removing the old kitchen parts and making alterations to the remaining parts of the kitchen as necessary to supply the Good and Services. 

20. Completion Certificate 20.1 On completion of the installation the Buyer will be presented with a completion certificate to sign off, certifying that the kitchen has been completed in accordance with this agreement. 20.2 Execution of the Completion Certificate shall trigger all outstanding balances including any extras to be payable immediately. 20.3 The Buyer shall not unreasonably refuse to sign the Completion Certificate. However, if in good faith the Buyer believes they have genuine grounds for refusing to sign the Completion Certificate, the Buyer shall be entitled to withhold up to a maximum of 10% of the contract price payable to the Seller, until such time as the Seller remedies the outstanding issues.