Terms & Conditions

KONCEPTS BATHROOM AND KITCHEN RENOVATIONS NSW PTY LTD

TERMS AND CONDITIONS OF TRADE

 

All dealings between Koncepts Bathroom and Kitchen Renovations NSW Pty Ltd ("Koncepts") and the Customer relating to any products [“Products”] and services will be subject to the following terms and conditions of trade [the "Terms”], unless otherwise agreed in writing between Koncepts and the Customer.

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1. Payments to Koncepts will be made by or on behalf of the Customer by cash, cheque, bank cheque or EFTPOS. The Customer agrees to pay all bank or credit card surcharges and fees for payments made by credit card. If Koncepts receives or recovers money for any debts of the Customer, Koncepts may use that money in its sole discretion to pay off whichever part of the debt(s) it nominates. All payments due to Koncepts for products or services supplied to the Customer will be made in within Koncepts' payment terms and without any (legal or equitable) claim, deduction or set off whatsoever.

 

2. Interest will be charged by Koncepts to the Customer on overdue accounts at a rate of interest equal to two (2) percentage points above the Reserve Bank of Australia cash rate, calculated daily, on so much of the amount outstanding on any overdue account.

 

3. Property: If Koncepts grants any credit facility, time to pay or any other indulgence to the Customer:

 

a) property in Products shall not pass to the Customer until payment in full of all monies owed to Koncepts is received and Koncepts reserves the right to take possession and dispose of Products as it sees fit at any time until full payment is received;

b) the Customer grants permission to Koncepts to enter any property of or in the control of the Customer to enable Koncepts to recover the unpaid Products and the Customer agrees that it will indemnify Koncepts against any and all damage suffered by the Customer as a direct or indirect result of such entry;

c) the Customer agrees that a certificate purporting to be signed by an officer of Koncepts identifying Products as unpaid for shall be conclusive evidence of Koncepts’ title to those Products and evidence that the Products have not been paid for;

d) the Customer irrevocably grants to Koncepts a security interest for all unpaid Property. The security interest is granted to Koncepts in accordance  with the provisions of  Personal Property Securities Act 2009 (Cth) (“PPSA”);

e) The Customer agrees that sections 95, 130, 132(3)(d), 132(4), 135 and 143 of the PPSA will have no application to the agreement between Koncepts and the Customer in respect of these Terms and the Customer waives its rights under section 157 of the PPSA to receive any notice under that section.

 

4. Limitation of Liability: The Customer agrees:

 

a) that any claim for compensation or damages it has or may have for any reason against Koncepts is limited to the fullest extent permitted by law to either the cost of replacing the Products or the cost of acquiring equivalent products, which decision shall be in the sole discretion of Koncepts;

b) that Koncepts shall not be liable for any loss or expense arising once Products have been unpacked, affixed and/or otherwise used or applied by or on behalf of the Customer;

c) that to the fullest extent permitted by law, Koncepts shall not be liable for any damages for personal injury, damage to property and/or any contingent, consequential, direct, indirect, special or punitive damages whether due to negligence or otherwise and the Customer acknowledges this limit of liability; and

d) that other than as set out in these Terms, no other term, condition, agreement, warranty, representation and/or understanding whether express or implied made prior to these Terms in any way extends to, is made or given by or on behalf of Koncepts, save and only except to the extent otherwise required by law.

 

5. Exclusions: The Customer agrees that:

 

a) no dealing between Koncepts and the Customer is or shall be deemed to be a sale by sample;

b) the Customer shall relies on its own knowledge, skill and expertise in selecting Products for any purpose and any advice or assistance given by or on behalf of Koncepts is accepted at the Customer's risk and shall not be deemed to have been given by Koncepts as an expert or adviser nor to have been relied upon by the Customer or to be incorporated or implied into these Terms;

c) Products are sold subject to each and every manufacturer’s trading terms and conditions and are protected by each and every manufacturer’s warranty and Koncepts shall not be liable to the extent that any manufacturer is liable under a manufacturer’s warranty unless otherwise required by law; and

d) Koncepts shall not be liable or responsible for any failure to comply with

any requirements of the Customer or any other person (whether relating to manufacture, design, fabrication, installation and/or any other particular intended use of any Products and/or otherwise) which are not precisely and accurately communicated in writing directly to the appropriate personnel at Koncepts prior to the entry by Koncepts into any relevant sale contract.

 

 

 

 

6. Cancellations and Returns: The Customer agrees that:

 

a) the Customer shall at no time cancel the whole or part of any order placed without Koncept’s prior written approval;

b) the Customer shall not return Products without Koncept’s prior written approval or if Products are not in unused condition with undamaged packaging or if three weeks have passed since the sale of the Product;

c) Koncepts may elect to take back Products on such terms as Koncepts considers reasonable;

d) if Koncepts agrees to receive a returned Product, the Customer shall in all cases pay to Koncepts a restocking fee of 15% of the gross invoice value of all returns;

e) notwithstanding any other provision of these Terms, the Customer shall not return Products without first providing to Koncepts an original invoice as proof of purchase; and

f) notwithstanding any other provisions of these Terms the Customer shall not return any Products which have been custom made, custom cut, custom processed or custom acquired.

 

7. Orders: The Customer agrees that:

 

a) each order it places with Koncepts shall be deemed to include a representation that it is solvent and able to pay all of its debts as and when they fall due; and

b) when any order is placed the Customer shall inform Koncepts of any facts which might reasonably affect any decision to accept the order and/or grant credit to the Customer and that any failure to do so shall will be unconscionable, misleading and deceptive.

 

8. Minimum Invoice Policy and Purchase Price: The Customer agrees that:

 

a) the Customer shall at all times and in all respects comply with Koncepts’ minimum invoice policy as may at any time and from time to time apply on such terms as Koncepts considers appropriate; and

b) all sales are otherwise made by Koncepts at its ruling price at the time of delivery and on such other terms as Koncepts considers appropriate.

 

9. Delivery:

 

a) Koncepts accepts no responsibility or duty of care to deliver and Products  but may elect to arrange delivery at its discretion and without liability and at the Customer’s sole cost and risk;

b) Koncepts shall not be liable for delay or any failure or inability to deliver any Product;

c) Products shall be deemed to be delivered as soon as they are ready for delivery, at which time risk shall be deemed to have passed to the Customer; and

d) Koncepts may charge an additional fee for deliveries which do not occur for reasons outside its control in order to reimburse Koncepts’ reasonable expenses and the Customer agrees to reimburse Koncepts for such additional fees prior to or on the delivery of the Products.

 

10. Other Terms and Conditions: No terms and conditions issued or submitted by the Customer after the date of these Terms shall apply.

 

11. Recovery Costs: The Customer shall pay all costs and expenses (including legal costs on an indemnity basis) incurred by Koncepts and/or its agents relating to the recovery of any monies owed by the Customer, or to any debt or possession of Products or for any other matter arising out of a breach by the Customer of these Terms.

 

12. Customer Restructure: The Customer shall notify Koncepts in writing of any change in its structure and/or management including any change in director, shareholder and/or management and any change in partnership or trusteeship within seven (7) days of the date of any such change.

 

13. Jurisdiction: The Customer agrees that all contracts made with Koncepts shall be deemed to be made in New South Wales and the Customer agrees to submit to the jurisdiction of the courts or tribunals in Sydney, New South Wales.

 

14. Credit Limit: The grant of any credit facility is an indication only of Koncepts’s intention to do so at the time that such a decision is made. Koncepts may vary and/or withdraw any credit facility at any time at its discretion and without any prior notice to the Customer or any liability (whether direct or consequential) to the Customer or to any other party.

 

15. Security for Payment: As security for payment to Koncepts of all monies payable by the Customer, the Customer hereby irrevocably charges in favour of Koncepts all of the Customer’s right, title and interest in freehold and leasehold property both current and later acquired.

 

16. Forward Orders: The Customer agrees:

 

a) to pay for so much of any forward order as is from time to time invoiced by Koncepts;

b) that no delay or failure to fulfil any part of such order shall entitle any cancellation or variation of any order or delay or reduce any payment; and

c) to pay any demurrage and/or other costs and expenses of Koncepts in handling and/or holding Products once ready for delivery.

 

17. Force Majeure: Koncepts shall not be or be deemed to be in default or breach of any these Terms as a result of any Force Majeure event, including (without limitation) strikes, lockouts, acts of God and acts of terrorism.

 

18. Power of Attorney: For the purpose of giving effect to the Customer’s obligations under these Terms (in particular clause 15) the Customer hereby irrevocably appoints the Director (or like equivalent) for the time being of Koncepts as the Customer’s attorney in all things.

 

19. Disputes: The Customer agrees to pay into an interest-bearing trust account nominated by Koncepts, in the joint names of Koncepts and the Customer, any amount claimed by Koncepts as a condition precedent to any dispute by the Customer of any such claim on the basis that upon resolution of the dispute the trust fund and any interest shall be dispersed according to the resolution. This clause shall operate as a bar to any proceedings or claim by the Customer against Koncepts until fully complied with.

 

20. Defaults: Upon the appointment of an Administrator, Receiver, Receiver and Manager, Liquidator or Trustee in Bankruptcy to the Customer or a breach of any of these Terms by the Customer, Koncepts may, without limitation, retain all monies paid, cease further deliveries, recover from the Customer any loss of profits and/or at Koncepts’ election take immediate possession of Products not paid for without prejudice to any other rights Koncepts may have and without Koncepts being liable in any way to any person.

 

21. Severability: Any part of these Terms being a whole or part of a clause shall be capable of severance without affecting any other part of these Terms.

 

22. Goods and Services Tax [GST]: All monies payable to Koncepts and any other consideration for any other “taxable supply” (within the meaning of A New Tax System (Goods and Services Tax) Act 1999 (Cth) and associated legislation as amended from time to time) shall unless Koncepts otherwise directs, be deemed at all times to be exclusive of GST and/or any other applicable taxes, government charges, levies and/or imposts of any kind whatsoever – any and all of which must be paid by the Customer to Koncepts as and when and in such manner as Koncepts reasonably requires.

 

23. Warranty Policy: Save and except as required by law, no warranty is given by Koncepts over any Product or service where Koncepts is not the original manufacturer of Products or provider of a service. Only the warranty offered by the original manufacturer or the supplier of the service will apply. To the fullest extent legally permissible, Koncepts’ liability shall in all cases be strictly limited in accordance with clauses 4 & 5 of these Terms. Where Koncepts is or might be deemed to be a manufacturer under law, the Koncepts Standard Warranty applies for the period applicable to specific Products or services. Details of the Koncepts Standard Warranty and the schedule of periods applicable are available upon request from Koncepts.

 

24. Credit Information: The Customer irrevocably authorises Koncepts and its servants and agents to make such enquiries from time to time as Koncepts may deem necessary to obtain information and/or to investigate the creditworthiness of the Customer including enquiries with persons nominated as trade references, bankers of the Customer, any other credit provider, any credit reporting agency, any land titles office, the ASIC, ITSA and/or any similar body and/or related information service [“the Source”] and including personal credit and consumer credit information and any property, business and/or solvency information. The Customer by this clause irrevocably authorises the Sources to disclose anything about the Customer which is in the Source's possession and the Customer agrees that Koncepts may disclose any information it has about the Customer to any interested person (subject only to any obligations Koncepts may have under the Privacy Act 1988 (Cth)).

 

25. Notice: The Customer agrees that it shall be deemed to have notice of any change to these Terms and be bound by any subsequent versions of these Terms as they appear on the website www.konceptsbathroomsandkitchens.com.au, whether or not the Customer has actual notice thereof. A copy of any subsequent versions of these Terms may also be obtained by request at the Koncepts showroom.

 

 

 

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Testimonials

I would like to thank Koncepts for our brand new customised bathroom and kitchen. Since the renovations we have received so many compliments from envious friends and family. It feels great to know that we really got our moneys worth in our renovations. They really know how to look after you.

------ Anthony and Charlene

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