Terms and Conditions

Terms and Conditions of Trade
The Cabinet Studio au – ABN: 52 642 134 352
Effective Date: 05/06/2025
Location: Victoria, Australia

1. Definitions

“Company” refers to The Cabinet Studio au.
“Client” refers to the person or entity requesting goods or services from the Company.
“Goods” means joinery items, custom cabinetry, or related products supplied.
“Services” means the design, manufacture, delivery, or installation of Goods.

2. Quotes and Acceptance

2.1 All quotes are valid for 30 days unless otherwise stated in writing.
2.2 Acceptance of a quote constitutes agreement to these Terms and Conditions.
2.3 Any variations to the original scope must be agreed upon in writing and may incur additional costs.

3. Payment Terms

3.1 For standard commercial projects, a deposit of 50% is required upon acceptance of the quote.
3.2 The remaining 50% is due upon delivery or completion of installation.
3.3 For residential clients, the payment schedule is as follows:

• 10% prior to commencement of drafting and planning;
• 50% prior to commencement of offsite manufacturing;
• 20% prior to delivery of Goods to site;
• 20% upon completion of installation and final inspection.

3.4 Late payments will incur interest at a rate of 2% per month, calculated daily.
3.5 All prices are in Australian Dollars and exclusive of GST unless otherwise stated.
3.6 Ownership of all Goods remains with the Company until full payment is received.

3.7 The Client acknowledges that failure to make payments in accordance with the agreed schedule will result in delays to the project timeline. The Company reserves the right to pause all work, including design, manufacturing, and installation, until outstanding payments are received in full.

4. Cancellation and Variations

4.1 Orders may not be cancelled once manufacturing has commenced.
4.2 Variations after commencement may result in changes to the delivery date and final cost.
4.3 The Company reserves the right to refuse variations that are not feasible or materially change the scope of the project.

5. Delivery and Installation

5.1 Delivery and installation dates are estimates only and may be affected by external factors.
5.2 The Client is responsible for providing clear access to the site and notifying the Company of any site-specific requirements.
5.3 Additional charges may apply for delays caused by site inaccessibility or the Client’s failure to prepare the site.
5.4 Risk in the Goods passes to the Client upon delivery or installation.

6. Warranty

6.1 The Company provides a 7-year warranty under Australian Consumer Law for workmanship and materials.
6.2 This warranty does not cover damage caused by:

• Misuse or neglect
• Improper cleaning or maintenance
• Alteration or repairs by the Client
• Normal wear and tear
  6.3 All warranty claims must be made in writing within 14 days of the defect being noticed.

7. Returns and Refunds

7.1 Due to the customised nature of joinery, returns are not accepted for change of mind or incorrect selections.
7.2 However, in accordance with Australian Consumer Law, the Client is entitled to a replacement, repair, or refund if the Goods fail to meet consumer guarantees, including being defective, not fit for purpose, or not matching the description.
7.3 Refunds will only be issued where Goods are defective and cannot be repaired or replaced within a reasonable time.

8. Limitation of Liability

8.1 To the extent permitted by law, the Company is not liable for:

• Loss of profits or revenue
• Delays due to third-party contractors
• Indirect or consequential loss
  8.2 The Company’s liability is limited to the re-supply or repair of the Goods or Services.

9. Intellectual Property

9.1 All drawings, plans, and designs created by the Company remain its intellectual property.
9.2 The Client may not reproduce or use the Company’s intellectual property for other purposes without written consent.

10. Site Conditions and Responsibilities

10.1 The Client must ensure the site is safe, accessible, and free of obstructions.
10.2 The Company is not responsible for delays or damage caused by unforeseen site conditions or other contractors.
10.3 The Client agrees to bear any additional costs incurred due to incorrect site measurements provided by others.

11. Insurance and Risk

11.1 The Company holds public liability insurance and workers’ compensation as required by law.
11.2 The Client must ensure their property is insured against accidental damage during the installation.

12. Force Majeure

12.1 The Company shall not be liable for any failure or delay in performing its obligations due to events beyond its control, including but not limited to strikes, natural disasters, material shortages, or pandemics.

13. Termination

13.1 The Company may terminate the agreement if:

• The Client breaches these Terms and fails to remedy it within 14 days;
• The Client becomes insolvent or bankrupt.
  13.2 Upon termination, all unpaid invoices become immediately due.

14. Governing Law

14.1 These Terms and Conditions are governed by the laws of Victoria, Australia.
14.2 Any disputes shall be resolved in the courts of Victoria.

15. Entire Agreement

15.1 These Terms constitute the entire agreement between the parties and supersede all previous communications.
15.2 No amendment or variation of these Terms shall be valid unless made in writing and signed by both parties.

16. Material Tolerances and Natural Movement

16.1 The Client acknowledges that materials such as timber, veneer, MDF, and laminate products are subject to natural variations in colour, grain, and texture. These are not considered defects.
16.2 Due to environmental factors such as humidity and temperature, timber and panel products may expand, contract, or move slightly over time. Minor movement (such as bowing, cupping, or hairline gaps in joints or panels) is considered a natural characteristic of the material.
16.3 The Company designs and manufactures its joinery in line with industry standards and incorporates standard allowances for movement and expansion. However, the Company is not liable for:

• Movement or warping due to fluctuating site conditions
• Improper storage or site handling after delivery
• Excessive moisture or heat exposure post-installation
• Movement of walls, floors, or substructures
  16.4 The Client is responsible for ensuring stable and suitable site conditions before and after installation, including proper ventilation and protection from excess moisture.
  16.5 The Company reserves the right to determine whether any panel movement or variation falls within acceptable manufacturing tolerances.

17. Compliance with Australian Standards and Industry Tolerances

17.1 The Company manufactures and installs all joinery in accordance with applicable Australian Standards, including but not limited to:

• AS/NZS 4386 – Domestic Kitchen Assemblies
• AS/NZS 4786 – Joinery Products
• AS 1859 – Reconstituted Wood-Based Panels
  17.2 Minor variations in dimensions, surface alignment, gaps, or panel flatness that fall within the accepted tolerances of these standards (generally ±2 mm for linear dimensions and up to 3 mm per metre for bowing) are deemed acceptable and do not constitute defects.
  17.3 The Client acknowledges that all natural and reconstituted materials may exhibit variations within these tolerances, and that such variations are inherent to the nature of the products used.

18. Responsibility for Site Measurements

18.1 Where site measurements are supplied by the Client, builder, architect, or any third party, the Company shall not be liable for any inaccuracies resulting in manufacturing or installation issues.
18.2 It is the Client’s responsibility to ensure that all supplied dimensions are accurate, current, and reflect the as-built or final site condition. Any rework, delays, or modifications required due to inaccurate or outdated measurements will be at the Client’s cost.
18.3 If the Company is engaged to take final site measurements, these will override any previously supplied dimensions.
18.4 The Company reserves the right to halt production or installation until confirmed site dimensions are verified.

20. Access and Site Delays

20.1 The Client must ensure uninterrupted access to the site at the agreed time of delivery and installation.
20.2 Any delays caused by lack of access, incomplete works by other trades, or unsafe conditions may incur additional fees for idle time, rescheduling, or storage.
20.3 The Company reserves the right to reschedule installation at its discretion if the site is deemed unfit or unsafe.

21. Storage of Completed Goods

21.1 If the site is not ready for delivery after manufacturing is completed, the Company will store the Goods for up to 14 days at no charge.
21.2 After this grace period, storage fees will apply at a daily rate determined by the Company.
21.3 Risk in the Goods transfers to the Client after the initial 14-day period, even if storage is provided by the Company.

22. Authority to Act

22.1 The Client confirms that any person acting on their behalf, including site supervisors, designers, or family members, is authorised to give instructions or approvals.
22.2 The Company will not be held liable for delays or errors resulting from unauthorised or unclear instructions.