1. Introduction
Welcome to Qld Custom Joinery! Our website, qldcustomjoinery.com.au, is owned by J Derbyshire Pty Ltd (ABN 24 126 438 006) and operates under the trade name ‘Qld Custom Joinery’. We specialise in bespoke joinery, providing tailored solutions for kitchens, bathrooms, laundries, custom cabinetry, and commercial joinery projects.
Legal Agreement: By accessing and using our website and services, you are agreeing to comply with and be bound by the following terms and conditions. Please review these terms carefully. If you do not agree to these terms, you must cease using our website and services immediately.
Acceptance of Terms: Your continued use of our site indicates your acceptance of these legally binding terms. This applies to all who access or use our website, whether as guests or registered users. Ensure you understand the terms before continuing, as they constitute a contractual agreement regarding your use of our site and services.
2. Definitions
For the purposes of these Terms and Conditions:
- “We,” “us,” and “our” refer to Qld Custom Joinery and its affiliates.
- “You” and “your” refer to any user of our services, including individuals and entities.
- “Services” encompass all offerings by Qld Custom Joinery, including custom joinery and installation related to kitchens, bathrooms, and more.
- “Content” includes all materials on our website, such as text, graphics, and images.
- “Website” is qldcustomjoinery.com.au and all associated pages.
- “Personal Property Securities Act 2009” is the legislation governing security interests in personal property in Australia.
- “Project” any service agreement or contract with a client involving our services or products.
- “Client” any party engaging with Qld Custom Joinery for services or goods.
- “Public Liability Insurance” insurance covering liabilities for damages to third parties.
- “Material” components like substrates and finishes used in our products.
- “Works” all labour and services provided by us, including the design and installation of joinery products.
- “Goods” materials and equipment used by Qld Custom Joinery to execute works.
3. User Responsibilities
As a user of our website, you agree to:
- General Use: Not required for accessing our services. You may browse our site freely without creating an account.
- User-Generated Content: When posting reviews and comments, your contributions must be constructive, respectful, and abide by applicable laws. Offensive or misleading content is strictly prohibited.
- Prohibited Activities: Engaging in unauthorized access, data theft, and service disruption is strictly prohibited and subject to legal consequences.
4. Privacy Policy
Our Privacy Policy describes how we handle your personal data, including collection, use, and safeguarding methods. Please refer to the full Privacy Policy for detailed information.
5. Intellectual Property Rights
All content on this website, including text, graphics, logos, and images, is the property of Qld Custom Joinery or is licensed to us. Content is for personal, non-commercial use only unless explicit permission is granted for commercial use.
6. Service Provision
We provide customised joinery and installation services. Detailed service descriptions are available on our services page.
Terms of Sale:
- Ownership: All appliances and materials remain our property until full payment is received.
- Design Ownership: Any plans, sketches, or designs remain our property until installation is completed and paid in full.
- Project Changes: Changes post-check measure may affect costs and timelines. It’s critical to finalise all decisions by the check measure appointment.
- Third-Party Trades: We use reputable tradespeople but are not liable for any damages they may cause. Any issues should be directly resolved with the involved tradesperson.
- Installation Risks: Installation sites are considered construction zones. We take safety precautions, but the client enters at their own risk.
- Unforeseen Circumstances: If undisclosed conditions affect installation, the client is responsible for additional costs.
- Incidental Damage: We are not responsible for minor repairs to existing surfaces that may be damaged during installation.
Payment Terms:
- Deposit and Progress Payments: A 50% deposit is required to start your project, with progress payments outlined in your initial invoice.
- Final Payment: Due upon completion. Failure to make final payment may result in legal action to recover the due amount and any associated recovery costs. Continued non-payment may also affect your credit rating and could lead to a lien on the installed goods until payment is received.
- Late Payment: Late payments incur a 15% per annum fee from the due date until paid.
- Non-payment and Recovery of Goods: If payment is not received by the due date specified in the invoice or progress payment schedule, Qld Custom Joinery reserves the right to recover possession of the goods from any location owned, possessed, or controlled by the client. The client acknowledges that Qld Custom Joinery has an irrevocable license to reclaim these goods, in accordance with the Personal Property Securities Act 2009.
- Recovery of Payment Expenses: The client is liable for all expenses incurred by Qld Custom Joinery in the recovery of any payments. This includes, but is not limited to, legal fees calculated on a solicitor/client basis.
Cancellations and Rescheduling:
- Cancellation: If cancelled after the check measure, you are liable for the full cost of ordered or manufactured products.
- Rescheduling: If rescheduling is necessary due to unforeseen circumstances, we will cooperate to minimise additional costs.
Project Completion and Acceptance:
- Quality checks: Upon completion of the project, quality checks are jointly conducted by our installer and the client. To document the completion status, we will take photos of the finished job.
- Inspection and Acceptance: If the client is not present during the final quality check, they must inspect the completed work within 24 hours from the date of installation. Acceptance of the work is presumed unless the client provides notification of any issues within this period.
- Adjustments: Given the detailed nature of our work, minor adjustments may be necessary after the installation date. We are committed to addressing these promptly. If such adjustments are required, clients may withhold up to 5% of the remaining balance until all issues are resolved. This withheld amount will be reflected in the final invoice adjustment to ensure fairness.
7. Warranties
Qld Custom Joinery is committed to delivering high-quality craftsmanship and materials in all our services and products. We provide the following warranties:
- Craftsmanship Warranty: All joinery work is warranted against defects in craftsmanship for a period of 2 years from the date of installation. This warranty specifically covers any labour and adjustments needed to correct workmanship errors directly attributable to Qld Custom Joinery.
- Material Warranty: The materials used in our projects are covered under specific manufacturer’s warranties, which can vary depending on the material type and supplier. Details of these warranties are available upon request.
- Exclusions: These warranties do not cover damages resulting from misuse (such as improper maintenance or handling), abuse, accidents, or alterations not authorized by Qld Custom Joinery. The warranties are also void if any repairs or modifications are performed by anyone other than authorized representatives of Qld Custom Joinery or without our prior written consent. Examples of misuse include, but are not limited to, using the joinery in ways that are not intended by its design or failing to follow care instructions provided at the time of installation.
8. Limitation of Liability and Disclaimers
- General Limitation: Qld Custom Joinery, including its directors, employees, agents, subcontractors, and suppliers, will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses resulting from your use of our website or services.
- Specific Scenarios: the services.
- Service Delays: We are not liable for delays or failures in performance resulting from factors beyond our control, such as natural disasters, legislative changes, wars, fires, floods, strikes, and cyber-attacks.
- Client Supplied Appliances: Appliances provided by clients are incorporated at their own risk. We are not liable for any damage to or theft of such appliances.
- Materials Variability: All materials, including manufactured board, paint, timber, laminate, and stone, may exhibit slight imperfections or variations. These are considered acceptable within industry standards and are not covered under our liability.
- Delivery Liability: Responsibility for safeguarding delivered goods transfers to the client upon delivery to the site. We are not liable for any loss, damage, or theft occurring after delivery and before installation.
- Website Content Accuracy: While we strive to ensure that the information on our website is accurate and up to date, we cannot guarantee that all content is complete or free from errors. The content is provided “as is” without any warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
- Third-Party Links: Our website includes links to third-party websites not operated by us. These links are provided for convenience only and do not imply our endorsement of, or responsibility for, the content, privacy policies, or practices of these sites.
- Prohibited Use: You are prohibited from using this website for any unlawful or prohibited activities. Any such use is outside the scope of permission granted by Qld Custom Joinery.
- Acknowledgment: By using our services or website, you acknowledge that you understand and accept these limitations of liability as reasonable and part of the terms under which Qld Custom Joinery operates. You agree to indemnify, defend, and hold harmless Qld Custom Joinery and its affiliates from any claims, liabilities, expenses, or damages, including legal fees, arising out of your breach of these terms or your unauthorized use of the content or services provided on or through the website.
9. Legal Responsibilities
Indemnification: You agree to indemnify, defend, and hold harmless Qld Custom Joinery, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the website from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
10. Insurance Requirements
- Business Coverage: Qld Custom Joinery maintains public liability insurance with a minimum coverage of $10 million to ensure protection against accidents, damages, or claims arising from our operations.
- Client Responsibilities: Clients are also required to maintain adequate insurance coverage to protect against any potential damages or liabilities associated with the installation, use, and maintenance of the joinery and other services provided. This should align with the scope and value of the project undertaken.
11. Termination
Right to Terminate by Qld Custom Joinery
Qld Custom Joinery may terminate or suspend your access to the website and services without prior notice under the following conditions:
- Breach of Terms: If there is non-adherence to any stipulations of the agreement.
- Illegal Activity: If services are used for unlawful purposes.
- Financial Issues: Non-payment according to agreed terms, or if the client faces bankruptcy or insolvency.
- Security Risk: If usage poses a risk to the safety or operational integrity of the business or other users.
- Misrepresentation: If the client provides inaccurate or untruthful integrity of the business or other users.
Termination by User
You may terminate your use of our services at any time; however, specific conditions apply if terminating contracted work, requiring written consent from Qld Custom Joinery.
Effects of Termination:
- Financial Obligations: All outstanding fees or charges remain due. Additionally, all costs, charges, and losses incurred by Qld Custom Joinery (including legal costs on an indemnity basis) as a result of the termination or suspension of works will be recoverable as a debt due from the client.
- Service Cessation: Your right to use the services will cease immediately upon termination.
- Data Handling: Personal information may be retained or deleted as required by law and to resolve disputes.
- Survival of Certain Provisions: Provisions that by their nature should continue after termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability, will remain in effect.
Notification and Communication
Upon termination, we will provide notice via email or through a prominent notice on our website, where possible.
12. Changes to Terms
Amendment Policy
Qld Custom Joinery reserves the right to amend, update, or modify these Terms and Conditions at any time to reflect changes in our practices, service offerings, legal or regulatory requirements, and more. Such amendments become effective immediately upon posting on the Qld Custom Joinery website. We will notify users of significant changes through a notice on our website or via email.
Review Responsibility
It is your responsibility as a user to periodically review these Terms and Conditions to stay informed of any updates. You can always find the latest version of the Terms and Conditions linked from the footer of our website.
13. Governing Law
These Terms and Conditions are governed by and construed in accordance with the laws of the State of Queensland, Australia. Both parties agree to submit to the non-exclusive jurisdiction of the Courts of Queensland for any disputes that may arise under these terms.
14. Indemnity
The client agrees to indemnify, defend, and hold harmless Qld Custom Joinery, its officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, losses, damages, costs, and expenses, including reasonable legal fees, arising from, or related to any breach of these Terms and Conditions by the client, or any other act or omission by the client resulting in liability to Qld Custom Joinery.
15. Dispute Resolution
Commitment to Fair Resolution
Qld Custom Joinery is committed to resolving disputes fairly and efficiently. If you have any concerns or disputes about the service, we strongly encourage you to first contact us directly to seek a resolution by emailing us at hello@qldcustomjoinery.com.au.
Dispute Resolution Steps:
- Informal Negotiation: We aim to resolve disputes through informal negotiations first. We require at least 30 days of negotiations before escalating the matter to further dispute resolution methods.
- Mediation: If disputes cannot be resolved through informal negotiations, they will proceed to mediation in Queensland, using a mutually agreed upon mediation service or one recommended by the Law Society of Queensland.
- Arbitration: Should mediation fail, disputes will be resolved through binding arbitration in Queensland, conducted in English, unless otherwise agreed upon by both parties.
Exceptions: Disputes related to intellectual property rights, illegal activities, or situations requiring urgent court remedies such as injunctions will directly proceed to legal action, bypassing informal negotiations and arbitration.
No Withholding of Payments: Disputes or differences shall not justify withholding due payments under the agreed terms.
16. Contact Information
If you have any questions or concerns regarding these Terms and Conditions or our services, please do not hesitate to contact us:
- Email: hello@qldcustomjoinery.com.au.
- Phone: 0438 768 537
We are committed to providing excellent customer service and will strive to address your concerns swiftly and effectively.
17. Severance
If any part of these Terms and Conditions is found to be invalid, unlawful, or unenforceable by a court, that part will be severed from the remainder of the terms. This does not affect the enforceability of the remaining provisions, which will continue to be in full effect. This ensures the agreement remains operational to the greatest extent possible under the law.
18. Special Clauses
Modifications to Services
Qld Custom Joinery reserves the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the services (or any part thereof) with or without notice. You acknowledge and agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the services. When practical, Qld Custom Joinery will endeavour to provide advance notice of significant changes to the services.