Terms & Conditions
E.&O.E.
1. These general agreed terms and conditions apply to all transactions between us (or we or our as the context requires) being the supplier of the products and services, and you being the purchaser of the products and services.
2. Where these terms and conditions conflict or are inconsistent with any other agreement between the parties these terms shall prevail.
3. All goods and services are G.S.T. inclusive at the rate of 10%.
4. Quotes are valid for 14 days unless stated otherwise.
5. Receipt of deposit and/or payment constitutes acceptance of quotation on these terms and conditions.
6. We are not required to begin, complete or deliver work until payment has been received.
7. Full payment is required upon acceptance of quotes for Initial Consultations, Project Development work and/or “stock” products.
8. A 50% deposit is required upon acceptance of quotes for “custom” products with the balance payable prior to delivery and/or installation.
9. Payment is to be made via direct deposit.
10. No refund or exchange will be offered for change of mind after acceptance of quotation.
11. All products are offered subject to the product manufacturer's conditions of sale. No other condition or warranty is to be implied except to the extent they cannot be excluded by law.
12. Ownership of goods does not transfer until final payment is made.
13. No responsibility is accepted for unforeseen delays and you agree that you will not seek compensation, discount or refund due to delay. Errors and omissions excepted.
14. Our chargeable services include on-site and studio consultations, site visits, third party appointments, consultations held outside business hours, project development and administration, products and hours of travel.
15. Initial Consultations are charged at a flat rate and include up to 60 minutes of contact time with us.
16. Follow-up consultations, site visits and third-party appointments are charged at our hourly rate and will be calculated to include:
a. travel time to and from our Mitcham Studio (<60 minutes of travel time will be included with compliments), plus
b. any onsite parking fees.
17. All follow-up consultations, site visits and third-party appointments are billed in 15-minute increments after the first hour.
18. Our hourly rate will apply for third-party appointments where we meet with any party relevant to the project such as architects, tradespeople etc. regardless of whether you are in attendance. This includes communication using digital technology and telecommunications services.
19. You may be charged an additional fee of $50.00 per hour where consultations and/or appointments are held outside of standard business hours. Our standard business hours are Monday to Thursday 10:00am to 4:00pm.
20. A single revision to each item selected may be provided without further charge. Any further changes, revisions and/or additions to the brief requiring rework, reselection, or additional Project Development work will be charged at our hourly rate.
21. We will seek approval from you prior to undertaking any additional chargeable work.
22. You are liable and agree to pay for all out-of-pocket expenses including (but not limited to) items such as additional copies of floor plans and elevations, photographs, photocopies, couriers, facsimiles etc.
23. While reasonable care will be exercised, we are not responsible for risk or damage to property and any liability for such risk or damage will remain with you (or the owner of the relevant property as appropriate).
24. All concepts, drawings and specifications prepared by us and all copyrights and other proprietary rights applicable thereto remain our property. Project documents may not be used by any person for any purpose without our express written consent.
25. Where variations to designs prepared by us are undertaken without consultation, we cannot guarantee that the design outcome will be as intended by us or meet your requirements.
26. Our drawings and specifications are conceptual in nature and intended for design purposes only. They are not to be used for architectural or engineering purposes and you agree to obtain professional architectural or engineering advice as required. We do not provide architectural or engineering services and you indemnify us against liability in respect of any loss or damage which is a result of failing to obtain those services.
27. We take no responsibility for architectural work in respect to a permanent structure of a load bearing nature, support walls & alterations to buildings. Any work or advice relating to work of this nature must be entrusted to an independent qualified architect or structural engineer.
28. Your contractor and/or builder is responsible for the supervision of all works during the construction stage and is required (under the provisions of the relevant Building laws and regulations) to warrant the work, upon completion, to be fit for purpose.
29. We take no responsibility for the work completed by architects, engineers, contractors, builders, painters, plumbers, electricians, cabinetmakers, subcontractors, trades or associated third parties engaged on projects which we supply services to, and the implementation or installation of any design or product supplied by us remains your responsibility and at your risk.
30. We do not supervise the construction of the works or provide supervision services as part of this agreement.
31. Colour of goods supplied may vary from samples displayed due to variation of colour consistency in each batch manufactured. You acknowledge that variation in colour will not be deemed a defect or entitle you to any compensation or refund.
32. Natural materials may change in appearance or dimension following exposure to climatic conditions and use and this is normal behaviour for such materials. You acknowledge that variation in appearance or dimension will not be deemed a defect or entitle you to any compensation or refund.
33. We do not guarantee the appearance, dimensions, consistency of colour and/or texture of any natural materials selected following approval of samples by the client.
34. We shall have the right to take and publish photographs of the project and you will arrange reasonable access to the project for this purpose for 12 months after practical completion. You agree to provide any necessary consents to us to publish information about the Project (e.g. name of client, suburb, budget).
35. You will be rendered an invoice, and agree to pay, for products orders and services performed as at the date of invoice regardless of whether the project is cancelled or postponed, including cases where no deliverables have been completed and/or supplied.
36. We allow 7-day payment terms from date of invoice.
37. Overdue accounts will incur interest calculated at our then-current cost of finance.
38. We reserve the right to charge an account-handling fee of $50.00 for each invoice not paid within 7 days from date of invoice.
39. Any costs incurred by us in recovering any monies owed, including fees, interest and legal expenses on an indemnity basis will be recoverable from you as a debt owing to us.
40. Until such time our invoice is paid in full, we retain title and ownership of any goods supplied by us and may recover those goods to help satisfy any debt owed by you.
41. Terms & Conditions are subject to change without notice. Our current Terms and Conditions can be viewed on our website or upon request via info@kateblakemandesign.com.au
42. You unreservedly acknowledge and accept all of these Terms and Conditions when engaging any services offered by us.