The trustee for the Wood Family Trust ABN 56628068919 t/a
Terms and Conditions
To the fullest extent legally permissible all dealings between Crest Joinery Pty Ltd (“Crest Joinery”) and the customer relating to any work done and/or products sold and supplied by Crest Joinery to the customer are subject to the following Terms and Conditions unless otherwise expressly agreed in writing.
1. Payment: is strictly net C.O.D which means upon delivery and installation or within 7 days from the tax invoice issue date and shall be made by cash, electronic funds transfer in full and without deduction unless varied in writing by Crest Joinery.
2. Charges: All government imposts (including GST) shall be charged to the customer.
3. Limitation of Liability: The customer agrees in limit any claim against Crest Joinery to the cost of replacement products.
4. Returns: The customer agrees not to return products supplied by Crest Joinery without the prior express approval of Crest Joinery.
5. Orders: The customer agrees that if any dispute arises concerning any order, the internal records of Crest Joinery shall be conclusive evidence of what was ordered. An order placed by the customer shall be deemed to be a representation by the customer made at the time that it is solvent and able to pay all of its debts as and when they fall due. When placing any order, the customer shall inform Crest Joinery of any defects which might reasonably affect acceptance of the order by Crest Joinery. As all the products are made to measure, the acceptance of a quotation provided by Crest Joinery is defined as an order to commence the cutting of raw materials and from that time Crest Joinery cannot accept any purported cancellation of the order.
6. Supply and demand: Crest Joinery may supply and/or deliver by installments and/or cancel delivery without ramification where Crest Joinery has insufficient materials and/or resources to fulfill orders or where materials are not available to supply or where the customer is in breach of these Terms. Crest Joinery will endeavor to deliver and install the products ordered on specified dates but cannot be held responsible for the shortage of materials to be supplied by others. A failure to meet on a specified date cannot be constituted as a breach of contract and will not create a cancellation of the order.
7. Variations: To be binding, any variation or cancellation of the order or of these Terms must be approved by Crest Joinery in writing.
8. Default or Breach: On default or breach of any part of these Terms by the customer Crest Joinery may amongst other things terminate any contract, retain all monies paid, cease further deliveries and recover all lost profits. On default or breach of any part of these Terms by the customer, all monies owing to Crest Joinery by the customer become immediately due and payable. The customer agrees not to commence or continue to permit to be commenced or continued through it any suit or claim against Crest Joinery while the customer is in default under any part of these Terms or in any of its dealings with Crest Joinery. The customer agrees to indemnify Crest Joinery for all fees and expenses payable to all solicitors, mercantile agents and other parties acting on behalf of Crest Joinery in respect of anything instated or being considered against the customer whether for debt, possession of goods or otherwise (including all legal costs on an indemnity basis) Crest Joinery may apply any payment in reduction of fees, interest and/or any principal debt in such order or priority as Crest Joinery in its discretion deems appropriate. The customer irrevocably authorizes the payment directly to Crest Joinery of any debt due to the customer by any debtor of the customer in reduction of any amount due to Crest Joinery under these Terms or otherwise.
9. Indemnify: The customer fully indemnifies Crest Joinery against any claim or loss arising from or related in any way to any dealing between Crest Joinery and the customer and/or arising under these Terms.
10. Other Terms Not applicable: No terms and conditions sought to be imposed by the customer upon Crest Joinery shall apply.
11. Restructure: Where the customer is a corporation or a business, the customer shall notify Crest Joinery in writing of any change in its structure or management including any change in director, shareholder and/or management and/or change in partnership and/or trusteeship within 7 days of such change. Until such notice is received the customer guarantees the performance of all obligations passing in any third party and fully indemnifies Crest Joinery against all loss (including legal costs on all indemnify basis).
12. Jurisdiction: The customer agrees that all dealings with Crest Joinery shall be governed by the law applicable in the State of Queensland and the customer agrees to submit to the jurisdiction of the appropriate Court nominated by Crest Joinery in that State.
13. Waiver: Any election by Crest Joinery not to exercise any of its rights arising from any breach of these Terms shall not constitute a waiver of any rights of Crest Joinery relating to any other breach.
14. Force Majeure: Crest Joinery shall not be in default or in breach of any contract with the customer as a result of Force Majeure including but not limited to any strike, lock out, or inability of suppliers to supply materials.
15. Insolvency: If the customer commits or is involved in any act of insolvency the customer shall be deemed to be in default under these terms. The act of insolvency is deemed to include the appointment of any insolvency practitioner and/or the calling of any formal meeting of creditors.
16. Severability: Any part of these terms shall be capable of severance without affecting any other part of these terms.
17. Workmanship and access: Crest Joinery will at all times carry out the installation of this order in a tradesman-like manner. Where chimneys and/or walls or floors are out of square, not plumb or not level, Crest Joinery will use fillers or packers to square up the chimney/wall to replace installation of the Joinery. The customer should ensure that all movable items are removed from shelves etc. All other items subject to damage should be either cleared or protected to enable clear access so that work can be performed without hindrance, Crest Joinery reserves the right to charge a service fee if the customer fails to ensure access to the premises for the installer at the appointed time. A half day delay (up to 4 hours) will incur a fee of $320 and a full day delay (4 to 8 hours) will incur a fee of $640 which the customer must pay. A change to the installation date requires 72 hours prior notice, failing which the above service fees will apply.
18. Preparation of Installation: Joinery will be installed in areas that have been cleared and prepared by the customer. It is not the responsibility of Crest Joinery to move furniture, cut carpet or to empty exiting wardrobes or cupboards unless otherwise specified. Crest Joinery reserves the right to charge additional costs to perform these services. It is the customer’s responsibility to ensure that any electrical fittings in the relevant workspace are removed prior to the scheduled installation date.
19. Quality of Materials: Crest Joinery cannot accept responsibility for minor imperfections e.g. slight colour variations of finishes in paint, stain or timber veneer, when such occurrences are generally regarded as being within industry standards. Stone: The customer acknowledges that variation of colour and texture are unavoidable due to differences in natural stone deposits and Crest Joinery accepts no responsibility for colour variation, fading or discolouration which may occur for any reason whatsoever.
20. MDF Doors: MDF doors may occasionally bow or warp. Incorrect sealing or painting of doors, uneven painting on any surface and/or high or fluctuating temperatures will void the warranty on these products.
21. All rubbish: is to be removed by the customer unless otherwise specified.
22. Guarantee: All Crest Joinery products offer a 5 year limited warranty on workmanship and materials. This excludes any damage from misuse or abuse. Glass products once installed are not guaranteed against breakage or damage of any kind. Any service calls which are not deemed to be warranty claims will be charged accordingly.
23. Retention of Title:
a. Title in the goods only passes to customer upon receipt in full by Crest Joinery of the purchase price for the products. In the case of default in payment by the customer, Crest Joinery shall have the right to retake possession of and permanently retain any unpaid for products and to revoke any liability of Crest Joinery to the customer on the Contract of Sale and delivery of such products.
b. Notwithstanding the title remains with Crest Joinery until payment in full is received, the risk in the products passes to the customer upon delivery.
c. Until title in the products passes to the customer:
i. The customer will hold the products solely as Bailee for Crest Joinery.
ii. The customer will store the products separately from its own goods and those of other persons and in such a manner as will clearly identify the product as the property of Crest Joinery.
iii. In the event that the customer fails to pay for the products within the normal terms of trade of Crest Joinery then Crest Joinery may repossess the products and the customer hereby licenses Crest Joinery to enter the customer’s premises or any other premises where the products are located at any time without notice in order to inspect or repossess the products.
iv. The customer is hereby authorized to sell the products but only as an agent and Bailee for Crest Joinery and the entire proceeds of the sale must be held in a separate account in trust for Crest Joinery. Crest Joinery otherwise reserves ownership of the products against the customer and any sub-buyers.
v. The customer hereby agrees not to cut, alter, affix or install the products until title has passed to the customer and Crest Joinery retains it rights as unpaid seller in respect of the products.