Terms & Conditions

These terms and conditions apply to the Work provided by the Supplier to the Customer and replace any previous terms and conditions of sale.

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• Definitions

  • “ACL” means the Australian Consumer Law contained in Sch 2 of the Competition and Consumer Act 2010 (Cth). 

  • “Agreement” means the Order Confirmation as varied and confirmed by Journal, these Terms and Conditions and the Manufacturer’s Warranty. 

  • “Amount Owing” means any amount of money owing to the Supplier by the Customer and Guarantor connected to this Agreement, including without limitation, any Supplier invoice that is not paid within time and any Associated Costs;

  • ‘Associated Costs” means each of:

    • interest at 5% per annum above the cash rate published by the Reserve Bank of Australia on the Amount Owing;

    • all costs and expenses associated with the Supplier’s action to recover the Amount Owing and Associated Costs;

    • all losses incurred by the Supplier connected to the Customer’s and Guarantor’s non-payment of the Amount Owing and Associated Costs.

  • “Customer” means the person so named in the Order and includes the Customer’s successors and permitted assigns.

  • "Delivery Date” means the delivery date noted in the Order Confirmation, if any.

  • “Deposit” means the deposit noted in the Order. 

  • “Guarantor” means each person who is so named in the Order and who signs the Order.

  • "Journal” is the communication program the Supplier will use to communicate notices and communication under this Agreement to the Customer, or such replacement communication program as the Supplier advises to the Customer.

  • "Materials” means those materials to be used in the Works as noted in the Order Confirmation or if those details are incomplete, then as determined by the Supplier.

  • “Order” means a request in writing submitted by a Customer to the Supplier that the Supplier supply the Work as detailed in that request, containing the Customer’s Specifications.

  • “Order Confirmation” is the Supplier’s acceptance of the Order, containing the agreed plans and specifications.

 

• • “Manufacturer’s Warranty” means the document so titled that is published on the Supplier’s Website https://www.cabinetsonline.com.au/.

  • “Price” is the Supplier’s price for the Work, as noted in the Order Confirmation but as varied under any Journals.

  • “Specifications” means the specifications and details of the Work, including all drawings or plans, measurements, and descriptions of Materials. 

  • “Supplier” means Cabinets Online Pty Ltd ACN 103 429 474 T/A Cabinets Online, its successors and permitted assigns.

  • “Writing” means to produce words in permanently visible form including digitally, electronically, SMS and direct messaging service but not Instagram or similar format that is periodically deleted by the host.

  • “Work” means the Work (including the supply of Materials) undertaken by the Supplier, as particularized in the Order Confirmation.

 

• Binding Agreement and Variations

  • The Customer and the Supplier agree they are only bound under this Agreement upon the later of:

    • The Supplier providing the Customer with the Order Confirmation containing the agreed Specifications.

    • the Customer paying the Deposit noted in the Order Confirmation.

.

• • Variations to the Work may be initiated by the Supplier or the Customer. For variations initiated by the Supplier, the Customer agrees to the Supplier instigating a variation to the Materials and Specifications if it is reasonable. A variation requested by the Customer, is only binding on the parties upon:

    • the parties negotiating the terms of the variation. 

    • once agreed, the Supplier confirming the variation via Journal to the Customer which contains the terms of the agreed variation; and

    • the Customer prepaying to the Supplier any amount required by the Supplier as noted in the Journal notice.

  • These terms and conditions will prevail until the Supplier gives written notice to the Customer that the terms and conditions are varied to be as posted by the Supplier on the Supplier’s website https://www.cabinetsonline.com.au/. The Customer expressly enters into this Contract on the basis that the terms and conditions can change at the Supplier’s discretion. 

 

• Supplier’s Warranties and Returns

  • Once this Agreement commences, the Supplier agrees to undertake the Work as soon as practicable, by doing the Work:

    • to be reasonably fit for the Customer’s purpose but subject to the terms of the Confirmed Order including the Specifications.

    • with the skill and expertise of a professional cabinet maker.

  • The Customer acknowledges that any advice, recommendation, information, drawings, assistance, testing or service provided by the Supplier howsoever connected to the Work or Material that is not reduced to writing and then included in the Order Confirmation, is not included in this Agreement.

  • The Customer acknowledges the Supplier’s liability for the Work is limited to that set out in the Manufacturer’s Warranty and under the ACL. The Supplier agrees it is bound by the Manufacturer’s Warranty.

  • Title to the Work does not pass to the Customer until the Supplier receives all Amounts Owing.

  • Risk in the Work passes to the Customer upon the earlier of:

    • actual or constructive delivery of the Work to the Customer; or

    • collection of the Work from the Supplier or any agent of the Supplier.

 

• Payment 

  • The Supplier agrees to issue GST tax invoices to the Customer for the Price.

  • The Customer agrees to pay the Supplier for the Work by the earlier of the Delivery Date and the dates written in the Order Confirmation,

  • If the Customer and Guarantor owe any Amount Owing to the Supplier, then the Customer and Guarantor, jointly and severally:

    • agree that the Supplier may delay the Work until the Supplier receives the Amount Owing, without being liable to the Customer or Guarantor for any loss, cost or any consequence to the Customer or Guarantor connected with the delay. 

    • agree to pay to the Supplier all Associated Costs upon demand;

    • grant security to the Supplier to secure payment of the Amount Owing and the Associated Costs, over:

      • all present and after-acquired personal property of the Customer and Guarantor, including the Work, by way of PPSR charge; and 

      • the Customer’s and Guarantor’s interest in land,

until the Amount Owing and Associated Coats are received by the Supplier in full.

• • • grant the Supplier and Supplier’s officers a Power of Attorney in order to do all things including sign, stamp and register with any competent authority including land register administered under the Land Title Act 1994 (Qld) and the security register administered under the Personal Property Securities Act 2009 (Cth), at the sole cost of the Customer, the charge (including by way of caveat) and security interest granted under this clause 4. This power of attorney is an irrevocable power of attorney given as security, as referred to in s10 of the Powers of Attorney Act 1998 (Qld);

    • allow the Supplier to exercise the Supplier’s rights under the charge and security interest including to sell any real property, access any property on which the Work is located and remove and sell the Work in order to pay the Amount Owing and Associated Costs to the Supplier.

  • The Customer agrees not to withhold, delay or offset payments due to the Supplier for any reason.

  • Where the Customer is on selling the Work, the Customer agrees:

    • Until all Amounts Owing are received by the Supplier, the Customer is the bailee of the Work and does not own the Work until the Supplier is paid for the Work in full.

    • it holds that part of the proceeds to satisfy the Amounts Owing that the Customer receives from the Customer’s buyer, on trust for the Supplier.

    • that the Supplier may enter onto the premises occupied by the Customer (or any entity associated with the Customer) where the Work is located, and take such reasonable steps to take or recover the Work; in which event the Customer irrevocably and unconditionally indemnifies the Supplier against all costs, loss, damages and any actions from the Customer, the Customer’s agent and the Customer’s buyer connected howsoever to the action the Supplier takes under this clause.

 

• Delivery Date

  • The Supplier agrees to do its best to complete the Work by the Delivery Date, but the Customer acknowledges that there are many reasons why the Work may not be delivered by the Delivery Date, including reasons not attributable to the Supplier, and the Customer contracts with the Supplier on the basis that unless expressly noted in the Order Confirmation:

    • the Delivery Date is an approximate date only.

    • the Supplier is not liable to the Customer, Customer’s buyer, the Guarantor, or any entity connected to the Customer and the Customer’s business, for any loss, cost or any consequence to the Customer or Guarantor connected to not delivering the Work by the Delivery Date or for any delay; and

    • the Customer has no rights to claim a breach, termination or repudiation of this Agreement, delay or offset in payment to the Supplier, or compensation for delay by reason of the Work not being delivered by the Delivery Date.

 

• Delivery and Returns

  • The Supplier agrees to deliver the Work, and the Customer agrees to receive the Work, at the place of delivery as noted in the Order Confirmation or as notified via Journal.

  • The cost of delivery is to be borne by the Customer, including extra costs of delivery howsoever incurred. The Customer acknowledges that the Supplier expects to organise and pay for the cost of delivery at first instance in which case the Customer agrees to reimburse the Supplier upon the Supplier’s invoice or separate demand. 

  • The Manufacturer’s Warranty is part of this Agreement.

  • Subject to the terms of the Manufacturer’s Warranty, the Customer is deemed to accept the condition of the Work if the Customer makes no complaint to the Supplier within 3 business days of the delivery.

  • The Customer agrees to use a qualified, experienced and (if legally necessary) licensed tradesperson to install, construct, finish or add the Work.

 

• Variations

  • The Customer may only request the Supplier agree to a variation to the Order Confirmation in writing. 

  • The parties agree that there is no variation to a Order Confirmation until the parties have agreed the terms, as evidenced by the Supplier issuing a Journal to the Customer, which the Customer agrees evidences the terms of the variation, except in the case of manifest error.

 

• Contract Inclusions

  • All advice, recommendation, information, drawings, assistance, representations, testing, or service provided by the Supplier in connection to the Work that is not in writing as part of this Agreement, are expressly negatived.

  • If the Customer is a tradesperson and enters into this Agreement to on sell the Work to a 3rd party, then the Customer acknowledges the Customer has relied on its own skill and judgment or alternatively on the skill and judgment of tradespersons and professional advisors retained by it to provide advice and assistance on the suitability of the Work and of any Material utilized therein for the specific purpose and procedures and in this respect hereof holds the Supplier harmless and indemnified from and against any suit, claim, demand or compensation which, but for these terms and conditions, the Customer may have had against the Supplier.

  • The Customer assumes responsibility for the capacity and performance of the Work and of any Material utilized therein, and for the selected Work and Material(s) being suited for the Customer’s purpose. (Any performance data specified by the Supplier is based upon its experience and is such as it is expected to obtain on testing.) The Supplier accepts no liability if a performance level is not met unless it was guaranteed in writing by the Supplier subject to recognized tolerances applicable to such performance criteria. The Supplier is to be allowed a reasonable time to comply with the terms of any such guarantee. The Customer shall provide sufficient information both physical and technical to enable the expected performance to be obtained. The Supplier shall not be liable for damages, warranties, or repairs where such information has not been provided.

 

• Intellectual Property

  • Where the Supplier has designed, drawn or written plans or a schedule of Work for the Customer, then the copyright in those plans, schedules, designs, and drawings shall remain vested in the Supplier, and shall only be used by the Customer with the Supplier’s consent.

  • The Customer warrants that all designs or instructions to the Supplier will not cause the Supplier to infringe any patent, registered design, or trademark in carrying out the Work.

 

• Trusts and Guarantors

  • Where the Customer is a trustee of a trust, whether disclosed to the Supplier or not:

    • then regardless of anything else, the Customer enters into this Agreement in its capacity as trustee of the relevant trust(s) and also in its own capacity.

    • the Customer warrants to the Supplier that the Customer holds full power and authority to enter into this Agreement as trustee including that the trustee maybe indemnified from the assets of the trust.

  • In consideration of the Supplier entering into this Agreement with the Customer instead of the Guarantor directly, as requested by the Guarantor, each Guarantor jointly and severally:

    • guarantees to the Supplier the due performance, discharge and satisfaction by the Customer of its obligations and liabilities under this Agreement including the prompt payment of the full Amount Owing to the Supplier. 

    • indemnifies the Supplier against all loss, cost, and expense (including legal costs on a full indemnity basis) incurred by or assessed against the Supplier in connection with:

• any breach of this Agreement by the Customer or other Guarantor; or

• the recovery of all of the Amount Owing; and

• moneys paid by the Supplier with the Customer’s consent in settlement of a dispute that arises or results from a dispute between the Supplier, the Customer, and a third party or any combination thereof, over the supply of the Works by the Supplier to the Customer.

• • • agree that:

      • this Guarantee continues, is irrevocable and remains in full force and effect until all of the Amount Owing is paid to the Supplier.

      • the Supplier waives no rights against the Guarantor due to the granting of further credit or amount of time or any indulgence in relation to the Amount Owing.

      • the Amount Owing is owing to the Supplier even if any such payment by the Supplier is clawed back, avoided by law or void for any reason.

      • the Supplier may exercise its rights against any Guarantor without first exercising rights against any other Guarantor or the Customer.

 

• Miscellaneous

  • If any part of this Agreement is invalid, void, illegal or unenforceable, it is deemed removed and stricken from this Agreement and the validity, existence, legality, and enforceability of the remaining provisions shall not be affected, prejudiced, or impaired.

  • The Supplier may license or sub-contract all or any part of its rights and obligations without the Customer’s consent. Neither party may transfer their interest in this Agreement.

  • Neither party shall be liable for any default due to any act of God, war, terrorism, fire, flood, drought, storm, or other event beyond the reasonable control of either party.

  • For execution of this Agreement, each party:

    • may execute this Agreement by signing the Order electronically or digitally in any number of counterparts and all such counterparts shall together constitute the one Agreement.

    • intends to be bound by this Agreement at the time of the party’s execution which constitutes delivery of this Agreement by the relevant party.

    • agrees that this Agreement shall be dated the date that the last party executes this Agreement; and

    • consents and authorises each other party to execute and transmit their executed counterpart of this Agreement electronically and digitally.

 

 

MANUFACTURER’S WARRANTY

 

Terms defined in the Agreement and terms defined in the ACL, have the same meaning where used in this Manufacturer’s Warranty.

 

(As required by law – see Reg 90 of the Competition and Consumer Regulations 2010) Cabinets Online provides the following warranty to ‘Consumers’, who are defined to be Customers where:

(a) the Price for the Works does not exceed $100,000;

(b) the Works are ordinarily acquired for personal, domestic, or household use or consumption.

In that case - 

 

‘Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

 

*          to cancel your service contract with us; and

 

*          to a refund for the unused portion, or to compensation for its reduced value.

 

You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

 

The person that is giving the guarantees to the consumer under this Agreement is:

Name: Cabinets Online Pty Ltd

Business address: 22 Josephine Street, Loganholme QLD, 4129 

Telephone: 07 3806 1199

Email: admin@cabinetsonline.com.au

 

This warranty lasts for 7 years from the time the Works are delivered to you, our Customer under this Agreement.

 

To use this warranty, you need to give us an email or letter that attaches your agreement to acquire the Works from us, evidence of payment and evidence of the date of delivery, with photos of the defects that you allege and an explanation of why you believe we are liable to rectify the defect you allege. We will respond to you with further questions and work out with you a time to inspect the Works.

 

You agree to bear the expense of putting your claim together and corresponding with us, whether or not we accept your claim to rectify the defect.

 

The benefits to the consumer given by the warranty are in addition to other rights and remedies of the consumer under a law in relation to the goods or services to which the warranty relates'.

 

Customers should also be aware that subject to the warranties and protections that cannot be excluded, modified, or restricted by law, then:

 

• Cabinets Online liability to Consumers is limited to one of the following options:

• providing replacement Works sufficient to replace defective Works.

• paying the cost of repairing the defective Works.

 

• Cabinets Online liability shall not include or extend to rectification or payment of damages or losses connected to:

• any defect in the Works that did not exist when the Works were delivered to the Customer unless Cabinets Online is also installing the Works and such installation by Cabinets Online caused the defect.

• any defect in the Works that arises in part or fully due to compliance by Cabinets Online with a mandatory standard.

• a defect attributable to a defective or problematic design or the plans and specifications prepared or supplied by or for the Customer, or approval obtained by or for the Customer.

• a defect attributable to the design of the finished product of which the Works only forms part. E.g., the defect arises because the surrounding joinery to fit into the Works is incorrect or not fit for purpose even though the Works as a standalone are defect free.

• any repairs undertaken by the Customer;

• any use of the Works that does not comply with any user’s manual or instructions for use. E.g., damage is caused if the Customer uses a knife directly on a marble benchtop, or corrosive substances are used on a benchtop.

• problems caused by, connected to or attributable to accident and fair wear and tear over time.

 

• For Customers who are not Consumers, then the Customer agrees and has expressly contracted with Cabinets Online on the basis that Cabinets Online:

• is not liable for any consequential loss incurred by the Customer howsoever connected to the Works; and 

• liability only extends for the period noted in the Order.

• liability is limited in all cases to the lesser of:

  • providing replacement Works sufficient to replace defective Works.

  • paying the cost of repairing the defective Works.