Checkout Terms & Conditions

PARTIES

These Terms are between Vinyl Tech Cabinet Systems Pty Ltd, t/a eKitchens ABN 86 130 131 841 (referred to as “eKitchens”, “we” and “us”) and you, the person, organisation or entity described in the Order (referred to as “you”), each a “Party” and collectively the “Parties”. These Terms apply to all Goods provided by us to you.

1. ACCEPTANCE

1.1 You accept these Terms by the earlier of:

(a) signing and returning these Terms to us, including by email or any electronic executions platform acceptable to us;

(b) confirming by email that you accept these Terms;

(c) confirming that you accept these Terms via the platforms or applications through which we provide these Terms to you, including our website;

(d) instructing us (whether orally or in writing) to proceed with the provision of the Goods; and

(e) making part or full payment of the Price.

1.2 You agree that these Terms and the Order form the entire agreement under which we will provide Goods to you. Please read these Terms carefully and contact us if you have any questions.

2. REGISTRATION AND ORDERS

2.1 You may order the Goods online through our website (available at www.ekitchens.com.au), in our showroom or in any other manner we agree to.

2.2 If you order our Goods online, you are required to create an account in order make your purchase. You must ensure that any personal information you give to us when creating an account is accurate and up-to-date. All personal information that you give to us will be treated in accordance with our Privacy Policy.

2.3 Any order placed through our website, in our showroom or by another manner we agree to, is an offer by you to purchase particular Goods for the Price.

2.4 We may, at our absolute discretion, accept or reject an order. We will endeavour to notify you of a rejection at the time of the order or within a reasonable time thereafter.

2.5 Each order that we accept results in a separate binding agreement between you and us for the supply of Goods in accordance with these Terms (Order).

2.6 It is your responsibility to check the order details, including selected Goods and pricing, before you submit your order through our website or in our showroom. We are not liable for any incorrect selection of Goods, colour choice and/or product sizing error(s) (including if you order in our showroom – you must check all orders before our designers submit the order on your behalf).

2.7 All measurements are to be specified in millimetres (mms) and all cabinet measurements are to be specified as external cabinet sizes, this means it excludes doors, adjustable feet and any voids or overhangs you may wish to use.

2.8 When you order and pay on our website and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, the delivery and billing addresses and a description of what was ordered.

3. GOODS

3.1 In consideration of your payment of the Price, we will provide the Goods in accordance with these Terms, whether ourselves or through our Personnel.

3.2 The Price and the Goods (including any plans or specifications) can only be varied by written agreement between us, including by email. If you request a variation to the Goods (Variation) the request must be made in writing, and we have discretion as to whether we accept the Variation. If we accept the Variation, we will inform you in writing of any necessary changes in the Order, Goods, Price and/or these Terms. We may issue a further or amended Order (including online) allowing for the Variation. You may accept the further or amended Order by confirming in writing (including by email). We will not be required to provide the Goods the subject of any Variation until such time as you have accepted the amended or further Order. Variations will be priced in accordance with our Order or any schedule of rates provided to you by us, or otherwise as reasonably determined by us.

3.3 You acknowledge and agree that:

(a) we may make any necessary alterations or amendments to the Goods during manufacture provided such alterations or amendments do not substantially affect the appearance, design and/or quality of the Goods;

(b) the provision of the Goods by us under these Terms does not include any work or services involving, or in connection with, unpacking or installing the Goods or incorporating the Goods into any part of your property or site; and

(c) timber, timber veneer, stone and other natural products forming part of the Goods are natural products and may vary (in texture, colour and grain) from any examples or displays shown to you prior to entering into these Terms,

and we will have no Liability for, and you waive and release us from, any Claim arising out of any of the matters referred to in this clause 3.3.

4. PRICE AND PAYMENT

4.1 You agree to pay us the Price and any of our costs or expenses (including but not limited to any costs or expenses associated with storing and re-delivering the Goods where you fail to provide access for, or accept, any attempted delivery of the Goods by us) (Expenses), in accordance with the Order and these Terms. All amounts are stated in Australian dollars and are exclusive of GST (unless indicated otherwise).

4.2 You agree the website pricing is based on our standard range of shop materials, finishes and hardware types. If you wish to make changes from the standard range, the Price may be adjusted accordingly. For small orders, we may charge a “minimum board” or “minimum 1sqm paint” fee which will not be displayed online. We will contact you to inform you if you must pay this fee.

4.3 Unless otherwise stated in the Order, you agree to pay the Price on the following terms (Payment Terms) either:

(a) 100% of the Price payable upfront when you submit your order; or

(b) a 50% deposit, payable upfront when you submit your order and the balance of the Price payable prior to delivery of the Goods by us to your Property or the Pick up Location. You acknowledge and agree that we will be under no obligation to deliver the Goods to your Property or to the Pick up Location until the Price has been paid to us in full, and in accordance with these Terms.

4.4 You must pay the Price and any Expenses using one of the methods set out on our website, available in our showroom or in the Order, which currently includes credit card, cash, cheque or bank transfer. We offer payment via a third party payment processor, currently eWAY and any payments made through eWAY will be subject to eWAY’s terms and conditions.

4.5 If an amount is unpaid after its payment date, we may suspend or cease provision of the Goods to you until we receive payment.

4.6 We may charge interest at a rate equal to the Reserve Bank of Australia’s cash rate from time to time plus 8% per annum, calculated daily and compounding monthly, on any amounts unpaid 3 days after the relevant payment date.

4.7 We may from time to time issue promotional discount codes or tradie rates for certain Goods on our website. To claim the discount, you must enter the promotional discount code at the time of submitting your order through our website or contact us for more details. The conditions of use relating to promotional discount codes will be specified on our website at the time they are issued. We may also from time to time run competitions on our website or associated social media platforms. Such competitions are subject to terms and conditions which will be made available on our website or social media platforms at the time of the competition.

5. YOUR OBLIGATIONS AND WARRANTIES

5.1 You warrant that:

(a) there are no legal restrictions preventing you from agreeing to these Terms;

(b) you will cooperate with us, and provide us with all documentation, information, instructions and access to your Property (where we deliver to your Property) and facilities necessary to enable us to provide the Goods as requested from time to time, in a timely manner;

(c) where we deliver to your Property, you will ensure you, or any of your Personnel, are at your Property to accept delivery of the Goods at the time, or during the window of time, for delivery as notified by us to you;

(d) where we deliver to a Pick up Location, you will ensure you, or any of your Personnel, pick up the Goods at the time notified by us to you;

(e) the information you provide to us is true, correct and complete;

(f) you will not infringe any third party rights (including Intellectual Property rights) in working with us and receiving the Goods;

(g) where we deliver to your Property, you will ensure that your Property is safe, free of harmful materials or substances and otherwise complies with all relevant workplace health and safety laws and standards; and

(h) you are responsible for obtaining any access, consents, licences and permissions from other parties necessary for the Goods to be provided, at your cost, and for providing us (and our Personnel) with the necessary consents, licences and permissions.

6. SPECIFIC PROVISIONS

6.1 You warrant that your property or site where you will install the Goods is suitable for the Goods (including for delivery of the Goods).

6.2 You acknowledge and agree that: (a) if you, or any of your Personnel, perform any works or services affecting or concerning the Goods (including but not limited to installing, making adjustments to the Goods, or installing any appliances), we will have no Liability, and you waive and release us from any Liability, in relation to these works or services;

(b) you will be responsible for any additional Expenses suffered or incurred by us in delivering the Goods, including but not limited to:

(i) cutting or altering any part of the Goods (including any stone or wood) so as to allow us to deliver the Goods to the relevant part of your Property;

(ii) the use of a forklift (including hiring costs and any government or regulatory fees) where we have requested you provide a forklift at your Property; and

(iii) rectifying any loss or damage to the Goods at the Property (including, but not limited to, loss or damage caused by a service (including but not limited to a burst water pipe)); and

(c) the Price does not include any goods or any other items or materials not expressly listed in the Order.

7. DELIVERY, TITLE AND RISK

7.1 We will display the total Price in your cart online and we will detail the costs associated with the delivery of the Goods to your Property or the Pick up Location. Deliveries to Properties

7.2 We offer Perth Metro Area delivery for purchases made on our website for Properties we determine are within a 1 hour radius of our Forrestdale factory for a delivery fee set out on our website. If you wish to request delivery outside this area, please contact us and we may deliver for an additional fee, however you must have a forklift available at the Property.

7.3 All deliveries to Properties are to ground level unless agreed by us prior to the delivery. Extra delivery fees will apply to Properties which have stairs, lifts or special access requirements.

7.4 If we have arranged a delivery to a Property with you for a specific day and time and we are unable to leave your Order at the Property we will return your Order to our factory and rearrange another day/time with you. You acknowledge that you will incur another delivery fee.

Deliveries to Pick up Locations

7.5 For deliveries outside of our Perth Metro Area and/or interstate Orders, we will deliver to the Pick up Location, and you will then need to organise to pick up your Order from the Pick up Location. You agree to comply with any policies and procedures which apply at the Pick up Location.

Own delivery 7.6 If you choose to organise your own courier company to deliver your Order, you will incur a handling fee as set out on our website for every box/crate which we pack for you.

For all deliveries

7.7 You acknowledge and agree that:

(a) we custom make the Goods;

(b) we may provide you with an estimated lead time, or date, for delivery of the Goods and that any estimate is an estimate only;

(c) delivery of the Goods may be affected by circumstances beyond our control, including Force Majeure Events, delays experienced by third parties, delays where we have asked you to provide further information or where we believe you have made a mistake in your Order and delays associated with shipping and importing components of the Goods (including but not limited to the Goods being quarantined); and

(d) we have no Liability, and you waive and release us from any Liability, for any delays or a failure to deliver as a result of, or in connection with, any of the events or circumstances referred to in clause

7.8 Title in the Goods will remain with us until the Price and all other amounts due and payable to us under these Terms is paid to us in full. Risk in the Goods will pass to you on delivery of the Goods to your Property or the Pick up Location. On delivery of the Goods we may require you to sign a document confirming delivery of the Goods and that you have inspected the Goods upon delivery.

7.9 You agree that we hold a general lien over any Goods owned by us that are in your possession, for the satisfactory performance of your obligations under these Terms.

7.10 You agree that these Terms and your obligations under these Terms create a registrable security interest in favour of us, and you consent to the security interest (and any other registrable interest created in connection with these Terms) being registered on any relevant securities register (and you must do all things to enable us to do so).

7.11 This clause 7 will survive the termination or expiry of these Terms.

8. AUSTRALIAN CONSUMER LAW AND WARRANTY AGAINST DEFECTS

Your rights at law

8.1 Certain legislation, including the Australian Consumer Law, and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Goods by us to you which cannot be excluded, restricted or modified (Statutory Rights).

8.2 Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to choose a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. If a failure with the Goods 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. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the Goods.

8.3 Consumer guarantees (under the ACL) have no set time limit but generally last for an amount of time that is reasonable to expect, given factors such as the cost and quality of the Goods or any representations made.

8.4 If the ACL applies to you as a consumer, nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our Liability for the Goods provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.

8.5 Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work and services (including the Goods) are provided to you without warranties of any kind, either express or implied, whether in statute, at Law or on any other basis apart from the warranty against defects below (Warranty). The benefits given to you under the Warranty are in addition to, and do not limit or derogate, your rights and remedies at law in relation to the Goods.

Warranty Period

8.6 Subject to the terms of this Warranty, and without limiting your statutory rights, your entitlement under this Warranty will commence from the date the Goods are paid for in full and will continue to operate for the periods set out below (Warranty Period):

Non Commercial Use:

(a) Cabinets: 7 years

(b) 1mm ABS Edged Doors & Panels: 7 years

(c) Vinyl Wrapped Doors & Panels: 7 years

(d) Acrylic Doors and Panels: 7 years

(e) Painted Doors (Polyurethane): 7 years

(f) Raw MDF Doors and Panels: 7 years

(g) Roller Shutters: 5 years

(h) Compact Laminate Doors & Panels: 7 years

(i) Benchtops: 7 years. Commercial Use:

All Goods: 12 months.

8.7 This Warranty only sets out the Warranty Period within which we will offer you a repair or replacement. Your rights under the ACL may extend beyond the Warranty Period.

What we will do to honour this Warranty

8.8 Subject to the terms of this Warranty (including you making a valid claim pursuant to this clause), and without limiting your Statutory Rights, we will use our best endeavours to remedy any Defect in the Goods during the Warranty Period at our cost. Defect means any non-compliance of the Goods with the requirements of these Terms as a result of our default, and Defective has a corresponding meaning;

8.9 We may, in our discretion, elect to repair or replace the Goods for the Defective part (or all) of the Goods, which, to the maximum extent permitted by law, will be your sole and exclusive remedy in relation to the Defect. Again, this clause does not seek in any way to limit your Statutory Rights.

8.10 If any materials, parts or features required to facilitate any repair or replacement pursuant to clause 8.9 are unavailable or no longer in production, or your model of the Goods is no longer available or in production, we will use our best endeavours to use appropriate equivalent materials, parts, features or models.

When this Warranty applies and when it does not

8.11 Subject to the terms of this Warranty, the Goods are warranted by us to be free from Defects for the duration of the Warranty Period. Any claim under this Warranty does not extend the Warranty Period.

8.12 We set out below the circumstances where we will not be liable to you under this Warranty. Again, this clause does not seek in any way to limit your statutory rights, including under the ACL.

8.13 To the maximum extent permitted by law, this Warranty does not cover, and we will have no Liability, and you waive and release us from any Liability (under this Warranty or otherwise), in relation to any

Defect which is caused (or partly caused) or contributed to, by any:

(a) act or omission, accident, or negligence by you or any third party not engaged by us (including any third party installer of the Goods);

(b) failure on your part to properly maintain the Goods in accordance with any of our instructions or guidelines;

(c) failure on your part to follow any instructions or guidelines provided by us or the manufacturer in relation to the Goods;

(d) use of the Goods otherwise than for any application or use specified by us or the manufacturer;

(e) continued use of the Goods (where such use is not reasonable) after any Defect in the Goods becomes apparent or would have become apparent to a reasonably prudent person;

(f) failure by you to notify us of any Defect in the Goods within a reasonable period of time after you become aware of or ought to have reasonably become aware of the relevant Defect;

(g) reasonable wear and tear of the Goods;

(h) water damage to the Goods (including damage from steam or excessive moisture);

(i) heat damage to the Goods (for example placing hot pots, pans or any other hot objects directly on the Goods’ surface, or indirectly from cooktops, kettles, toasters or any other appliances);

(j) acidic food products (exposing the Goods to acidic food products such as citric fruit juices, vinegar or salt);

(k) colour and gloss variations (any variations with the colour or gloss within the Goods including any replacements, or any fading or aging of the colour, gloss or shine over time);

(l) imperfections (any visual imperfections or blemishes on the Goods’ surface or edge more prominent than the industry standards, including, dimples, pimples, dents, creases, chips, scratches and any surface irregularities which are not brought to our attention before the Goods have been cut, modified or installed);

(m) chemical damage (exposing the Goods to acidic or corrosive materials such as dyes, acetone, bleach, thinning agents, micro abrasive creams);

(n) UV damage (exposing the Goods to excessive UV for example in direct sunlight unless the Goods specify otherwise);

(o) heavy weight or impact (placing heavy items on the Goods; applying heavy weight to the Goods, including by standing, stepping or lying on the Goods; or applying excessive impact caused by dropping or mishandling the Goods);

(p) failing to clean as recommended (you must follow cleaning instructions set out in our Care and Maintenance guide provided on our website); or

(q) unauthorised modifications (any modifications to the Goods by anyone other than an eKitchens approved supplier);

(r) incorrect installation (the Goods must be installed meeting the Australian/New Zealand Domestic kitchen standards (AS/NZS 4386:2 1996) and if they are not, this Warranty will not apply);

(s) act of God or force majeure event (including but not limited to war, riot, invasion, act of terrorism, contamination, earthquake, flood, fire, or other natural disaster, or any other event or circumstance beyond our or the manufacturer’s reasonable control); or

(t) installation, repair, replacement, maintenance, or otherwise compromise of the Goods by you or any person other than us or the manufacturer.

8.14 To the maximum extent permitted by law, this Warranty will be void, we will have no Liability, and you waive and release us from any Liability, whether under this Warranty or otherwise, if any work or services carried out by us (including repair and maintenance work or services) are altered, tampered with, overhauled, or otherwise compromised by you or any person other than us or the manufacturer, without our prior written consent.

8.15 We will have no Liability, and you waive and release us from any Liability, for any delays (including any costs arising out of any delays) in providing any work or services (including repairs) under this Warranty, or in assessing any claim made by you under or in relation to this Warranty.

8.16 Additional Expenses: Any works or services requested by you to be performed by us (including any work or services that are additional to repairs carried out by us pursuant to clause 8.9) and deemed by us to not be covered under this Warranty may incur additional charges, which we will advise you of prior to commencing the additional work or services. We are under no obligation to perform any additional work or services that you may request.

Making a valid warranty claim

8.17 To claim the benefit of this Warranty, you must:

(a) notify us by email as soon as you become aware of the Defect, and in any event, within 14 days of when you become aware of the Defect;

(b) allow us sufficient access to your property or site to inspect the Goods or if we ask you to, you must return the Goods together with all packaging, parts, accessories, documentation and proof of purchase to the contact details set out below;

(c) provide any other information reasonably required by us to assess your claim; and

(d) provide evidence of proof of purchase of the Goods from us, upon request.

8.18 Where you return the Goods as part of Warranty claim under this clause 8, you will need to cover any associated costs of you returning the Goods to us.

8.19 Subject to your satisfaction of the requirements in clause 8.17, we will notify you of our determination as to whether your claim is valid under this Warranty, and if so, clause 8.9 will apply. To the maximum extent permitted by law, any determination we make under this clause 8 will be final and binding.

9. DISTRIBUTION OR TRANSFORMATION OF OUR GOODS

9.1 If you purchase our Goods to resell or to transform into a product which will then be sold, the following clause applies to you.

9.2 Without limiting and in addition to any other obligation under these Terms, you agree to:

(a) not do anything that may adversely affect our goodwill, brand or reputation (or that of the Goods);

(b) comply with all guidelines and procedures made available to you by us in relation to the distribution or transformation of the Goods;

(c) obtain, and provide to us, any access, consents, approvals, permits, licences and assistance (including information or documentation) necessary to enable us to comply with our obligations under these Terms or under any Laws;

(d) immediately inform us of any issues, concerns or matters which may (directly or indirectly) adversely affect our reputation or brand (or that of the Goods), including where you have become aware of a Good being defective, and cooperate with, and assist, us to respond to, or rectify or remedy, any such issues, concerns or matters;

(e) proactively use and distribute the most recent versions of any marketing or promotional material provided by us;

(f) develop your own marketing or promotional material to market and promote the Goods, which are consistent, and comply, with the material provided by us, provided we have given prior written consent to the use of the marketing or promotional material;

(g) not use any other material to market or promote the Goods, other than the material authorised for use under this clause; and

(h) not make or offer any warranty or guarantee, or make any representation, in relation to the Goods, other than those warranties, guarantees or representations expressly stated in the material provided by us.

9.3 If the ACL applies to us as a manufacturer, nothing in these Terms excludes your Statutory Rights under the ACL. You agree that our Liability for any Goods is governed solely by the ACL and these Terms. Despite anything to the contrary, to the maximum extent permitted by law:

(a) if you re-supply the Goods to a consumer (as defined under the ACL), you may only commence a claim against us under the ACL within 3 years after the earlier of the date you received payment with respect to the Goods from a consumer or the date on which a consumer commenced proceedings against you for the Goods; and

(b) if the Goods are not of a kind ordinarily acquired for personal, domestic or household use or consumption, our maximum aggregate Liability to you for the Goods will be an amount equal to the lowest of the cost of:

(i) replacing the Goods;

(ii) obtaining equivalent Goods; or

(iii) having the Goods repaired.

9.4 Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work and services (including the Goods) is provided to you without any warranties of any kind, either express or implied, whether in statute, at law or on any other basis.

9.5 This clause 9 will survived the termination or expiry of these Terms.

10. TERM AND TERMINATION

10.1 These Terms will commence on acceptance of these Terms by you (in accordance with clause 1.1) and will continue until the earlier of, Completion, or the date on which these Terms are terminated in accordance with this clause.

10.2 We may terminate these Terms by written notice if you have breached these Terms (including a failure to make payment of any part of the Price) and have failed to remedy the breach within 5 Business Days of being notified of the breach by us. Upon termination of these Terms, any Order will be deemed to have been terminated.

10.3 On termination of these Terms, you agree that any deposit or payments made by you are not refundable to you, and you must pay us any part of the Price outstanding, and any Expenses suffered or incurred by us, as at the date of termination.

10.4 On Completion, we will retain your documents (including copies) as required by law or regulatory requirements. Your express or implied agreement to these Terms constitutes your authority for us to retain or destroy documents in accordance with the statutory periods, or on termination of these Terms.

10.5 The accrued rights, obligations and remedies of the Parties are not affected by the termination of these Terms.

10.6 This clause 10 will survive the termination or expiry of these Terms.

11. LIMITATION OF LIABILITY AND DISCLAIMERS

11.1 Exclusions: To the maximum extent permitted by law, we exclude any Liability or Claim, and you waive and release us from any Liability or Claim (whether under statute, contract, equity, negligence or other tort, indemnity, or otherwise) caused or contributed to by:

(a) acts or omissions of you or your Personnel, or any third party (not engaged by us);

(b) any information, documentation, specifications, directions, instructions, advice, work, goods, services or other things given or provided by you (or any of your Personnel) or any third party;

(c) the Goods being unavailable or delayed (for any reason), and any Liability or Claim arising from the Goods being unavailable or delayed;

(d) any event or circumstance outside of our reasonable control, including a Force Majeure Event; and

(e) any Claims for loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation or any loss or damage relating to business interruption or otherwise, suffered by you or made against you, arising out of or connected with the Goods and/or these Terms, even if we were expressly advised of the likelihood of such loss or damage.

11.2 Limitation: To the maximum extent permitted by law, our total liability arising out of or in connection with these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, is limited to:

(a) us re-providing the relevant Goods to you; or

(b) at our option, us refunding to you the amount you have paid us for the Goods to which your Claim relates, but, in any event, our liability under these Terms or otherwise will be limited to, and must not exceed, the portion of the Price paid by you to us for the Goods, the subject of the relevant Claim.

11.3 Despite any provision to the contrary, to the maximum extent permitted by law, our liability under or in connection with these Terms will be reduced proportionately to represent the share of responsibility that we have for any Claim according to the extent to which our breach of any provision of these Terms or our negligent or wrongful acts or omissions caused or contributed to the Claim in the course of performing our obligations under these Terms.

11.4 This clause 11 will survive the termination or expiry of these Terms.

12. INDEMNITY

12.1 You are liable for and agree to indemnify, defend and hold us harmless for and against any and all Claims, Liabilities caused or contributed to by:

(a) acts or omissions of you or your Personnel or any third party (not engaged by us);

(b) any information, documentation, specifications, directions, instructions, advice, work, goods, services or other things given or provided by you (or any of your Personnel) or any third party;

(c) your breach of these Terms; and

(d) your breach of any law or third party rights (including a breach of clause 13.10).

12.2 This clause 12 will survive the termination or expiry of these Terms.

13. GENERAL

13.1 GST: If and when applicable, GST payable on the Price for the Goods will be set out on our website or in our invoices. You agree to pay the GST amount at the same time as you pay the Price.

13.2 Relationship of Parties: These Terms are not intended to create a relationship between the Parties of partnership, joint venture, or employer-employee.

13.3 Assignment: These Terms are personal to the Parties. A Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).

13.4 Severance: If any provision (or part of it) under these Terms is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) under these Terms cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from these Terms and the remaining provisions (and remaining part of the provision) of these Terms are valid and enforceable.

13.5 Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to a Force Majeure Event.

13.6 Notices: Any notice required or permitted to be given by either Party to the other under these Terms will be in writing and addressed to the relevant address in the Order. Any notice may be sent by standard post or email, and notices will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

13.7 Joint and Several Liability: Where you constitute two or more individuals or entities, you will each be jointly and severally liable under these Terms.

13.8 Entire Agreement: These Terms, the Order and any document expressly referred to in them represent the entire agreement between the Parties and supersede any prior agreement, understanding or arrangement between the Parties, whether oral or in writing.

13.9 Publicity: If you share images of your Goods with us (such as by emailing us or via social media), you are agree that we may advertise or publicise these images on our website, via social media, or in our promotional material.

13.10 Intellectual Property: All Intellectual Property developed, adapted, modified or created by or on behalf of us or our Personnel (including in connection with these Terms or the provision of the Goods), whether before or after the date of acceptance of these Terms, will at all times vest, or remain vested, in us. You acknowledge and agree that, as between the Parties, we own all Intellectual Property rights in the Goods, and that nothing in these Terms constitutes a transfer or assignment of any Intellectual Property ownership rights in the Goods.

13.11 Further Assistance: Each Party must promptly do all things and execute all further instruments necessary to give full force and effect to these Terms and their obligations under these Terms.

13.12 Jurisdiction & Applicable Law: If a dispute arises, the Parties will agree to meet in good faith to seek to resolve the issue, before proceeding to any dispute resolution process. This won’t prevent a Party from seeking urgent equitable relief. These terms are governed by the laws of Western Australia and the Commonwealth of Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Western Australia.

14. INTERPRETATION AND DEFINITIONS

14.1 In these Terms, capitalised terms have the meanings given to them in these Terms, and:

ACL or Australian Consumer Law means the Australian consumer laws set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended, from time to time.

Business Day means a day which is not a Saturday, Sunday or bank or public holiday in Western Australia, Australia.

Completion means when we reasonably determine that the Goods have been delivered to your Property or picked up by you at the Pick up Location.

Claim/Claims includes a claim, notice, demand, right, entitlement, action, proceeding, litigation, prosecution, arbitration, investigation, judgment, award, damage, loss, cost, expense, or liability however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, tort, equity, or statute, whether indirect, incidental, special, consequential, and/or incidental, and whether involving a third party or a Party to these Terms or otherwise.

Commercial Use means Goods which are installed or used in a non-residential premises for example, high traffic areas such as, but not limited to, restaurants, bars, offices, educational or governmental institutions, private businesses or retail outlets.

Force Majeure Event means an event or circumstance beyond the reasonable control of a Party, including but not limited to war, riots, civil unrest, fire, flood, cyclone, typhoon, earthquake, lightning, explosion, strikes, lockouts, slowdowns, prolonged shortage of energy supplies, and acts of state or governmental action prohibiting or impeding any Party from performing its obligations under these Terms.

Goods are any goods (including but not limited to a kitchen, cabinets, doors and panels, benchtops and accessories) as particularised in the Order.

GST means GST as defined in the A New Tax System (Goods and Goods and Services Tax) Act 1999 (Cth) as amended from time to time or any replacement or other relevant legislation and regulations.

Intellectual Property includes any and all present and future rights to intellectual and industrial property throughout the world, and includes all copyright and analogous rights, all right in relations to inventions (including patent rights), patent improvements, registered and unregistered trademarks, designs, any corresponding property rights under the laws of any jurisdiction, discoveries, circuit layouts, trade names, trade secrets, secret processes, know-how, concepts, ideas, information, processes, data or formulae, business names, company names or internet domain names, and any confidential information.

Law or Laws means all applicable laws, orders, judgments, rules, regulations, codes, guidelines, policies, protocols, consents, approvals, permits and licences, and any requirements or directions given by any person with the authority to bind the relevant Party in connection with these Terms or the provision of the Goods.

Liability means any loss, liability, cost, payment, damages, debt or expense (including but not limited to reasonable legal fees).

Non Commercial Use means Goods which are installed or used in a residential premise.

Personnel means, in respect of a Party, any of its employees, agents, contractors, suppliers, subcontractors or agents.

Pick up Location means our chosen transport depot for deliveries outside the Perth Metro Area and interstate.

Price means our fees, expenses and prices, including delivery fees as set out on our website.

Privacy Policy means our privacy policy as set out on our website as may be updated or amended from time to time.

Property means the site or property we have determined is within a 1 hour radius of Forrestdale factory to which we have agreed to deliver the Goods.

Order takes the meaning given to it in clause 2.5.

Terms means these terms and conditions and any drawings or specifications related to the Order and/or Goods.

Variation means amended or additional Goods, including but not limited to changes to the Order, Goods, or Price, as further particularised in clause 3.2.

Warranty takes the meaning given to it in clause 8.5.

Warranty Period takes the meaning given to it in clause 8.6.