Terms of Trade

PLEASE READ THEM CAREFULLY AS THEY ARE THE BASIS ON WHICH WE ACCEPT YOUR ORDER.

The following Terms and Conditions of Trade/Service apply to all products and services provided by Sturdy Cabinets.

All work is carried out by us Sturdy Cabinets on the understanding that the client has agreed to and understood the following Terms and Conditions outlined by Sturdy Cabinets. All goods remain the property of Sturdy Cabinets until paid for in full.

DEFINITIONS:

• “Customer” or “client” or “you” or “your” or “customer” etc, means the persons or entity referred to in our Quotation as our customer.
• “Sturdy Cabinets” or “Sturdy Kitchens and cabinets” or ”us” or “we” means Sturdy Cabinets Limited.
• “Quotation” or “Quote” or “Order” means the quotation for the supply or/and installation of the Kitchen/Cabinetry/Fit out/flat pack/or any other requirement we have agreed to carry out for you the client as described in the Quotation.
• “Kitchen/Cabinets/Items/s or goods” refers to any products/cabinetry made by us for you the client including but not exclusive to: Kitchens, bathroom vanities, laundries, cabinets, walk in robes, shop/commercial fit outs, TV units, flat packs, etc.
• “Product Warranty” means our Kitchen/Cabinetry or any other good we may supply – warranty.
• “Purchaser Supplied Items” means white goods or brown-ware items (such as ovens, hobs and refrigerators) which you will pay for and supply to us for inclusion in the Kitchen/Cabinetry as described in the Quotation.
• “Site” means the physical premises where the Kitchen/Cabinetry/Items is to be delivered/ installed and as required includes all access ways.

TERMS OF TRADE

• Amendment: We can amend these terms of trade from time to time by posting the new terms on our website. They will apply to any subsequent contract entered into with us but will not affect a contract already entered into with us which will override any version on the website or any specific variation of our terms of trade used for that contract.
• Quotation: This is the basis of the contract between you the client, and Sturdy Cabinets. At the time of proposal, we will provide the client with a written estimate or quotation outlining the specifications of the project. If customer want us to go ahead with work without quotation, then our standard charges will apply and once we started work at site which means customer is agrees to our standard rates.
• A copy of the written estimate, photo or quotation will be sent or presented to the client setting out what we will and will not provide and our payment terms. If the client wishes to proceed with the order, the payment of deposit or our work commenced at customer site will indicate acceptance of the Quotation and T&C’s with or without a signature. This action binds the client to accept Sturdy Cabinets Terms and Conditions of Trade.
• It is the client’s responsibility to ensure all aspects and details of the project are correct prior to signing the contract or starting the work. Any alterations must be sent to Sturdy Cabinets in writing prior to the changes taking place. No verbal agreements or instructions will be carried out unless it is received in writing, and approved by us. Any alterations made to the finalised project specifications or shop drawings may incur a processing fee.
• Quotation prices are fixed for 14 days from the time it is presented to the client, we reserves the right to adjust prices according to any trade/supplier increases after this period. The client will be notified of any such increases prior to commencement.
• Contract formation: The Quotation is subject to these Terms of Trade. The Quotation, the Terms of Trade and our Product Warranty are the only basis on which we are supplying the Kitchen/Cabinetry/Items to you. No oral or written communication with you will apply unless it is clearly set out in the Quotation. Our terms of trade apply if there is any inconsistency between the client’s requests and the Quotation. Our contract with you is formed when you accept the Quotation within the acceptance period by signing and returning it together/or with the deposit paid in cleared funds.
• Design: We will design the Kitchen/Cabinetry/Items to your requirements as accepted by you in the Quotation. If you or a third party at your request provides the Kitchen/Cabinetry/Items design, we will manufacture the Kitchen/Cabinetry/Items to that design but we are not in any way responsible for any problems they may arise from this form of process including time/budget blowouts. All designs, images, sketches, and documents supplied by us remains our property. Any costs incurred by a third party designer, lies with you the client. STURDY CABINETS are not responsible for any deadlines that have not been met due to client away, due to third party (eg: architect/designer/builders) lack of communication, or design changes they have made. Once changes are made or client is not available or access is not provided in the business hours, we cannot guarantee to meet the original deadline outlined in the Quotation.
• Site Responsibility: Unless specified in the Quotation you are responsible for all planning, building and other consents and permits and for providing the Site to us ready for delivery and prompt installation of the Kitchen/Cabinetry/Items by co-ordinating all other work and trades on Site. The Site must be clear from obstructions, building materials and debris. Failure to do so may result in all items returning to our factory, which will result in additional delivery/ handling fees, and time delays. We may need power, light and safe access during the site work so client will be responsible to provide us. We hold no responsibility for unpreparedness of the delivery/installation site. We hold no responsibility for additional fees resulting in site unpreparedness.
• Variations: If you want to vary our contract with you, you must ask us to do so in writing. If the requested variation affects the price of the Kitchen/Cabinetry/Items or its estimated date for completion then, within the period of 10 working days after we receive your request, we will advise you in a written variation notice of the building work and any consents required for the variation, (including the effect on existing consents, if any, for which you remain responsible), the effect on the agreed price for the Kitchen/Cabinetry/Items by way of increase or reduction, any material effects on our Product Warranty, and any effects on the estimated date for completion of the Kitchen/Cabinetry/Items. You can then agree to the variation by countersigning our variation notice in which case our contract with you is appropriately amended. Any variations including but not limited to design, materials and labour – from the original quoted design needs to be paid up front and in full for us to commence work.

PRICE AND PAYMENTS

• Quotation price: The price is based on our Site visit and the Kitchen/Cabinetry/Items design and is based on our current rates and costs. The price includes freight and insurance to the point of delivery to the site. If, after the formation of the contract, you want to vary what is set out in the Quotation, and we accept the variation we will adjust the price by reference to our then current rates and costs including any indirect costs such as revised delivery dates. Prices in the quotation expire 14 days after date of issue.
• Purchaser Supplied Items: Generally: You the purchaser are responsible for the procurement, payment, and prompt supply of all Purchaser Supplied Items. It is up to you the purchaser to ensure all appliances, fittings, and additions to be of sound condition, meets the requirements and due specifications for the project, and provide exact measurements and/or dimensions of any appliances, fitting and additions in writing to STURDY CABINETS. We hold no responsibility for incorrect product purchases by the client which may result in unsuitable measurement allowances of the goods we supply. Any costs involved with Kitchen/Cabinet/Item return, reconfiguration, and consequent delivery due to inaccurate or incorrect supplied items will be the sole responsibility of you the customer.
• Purchaser Supplied Items Delay: It is your sole responsibility to provide all relevant documentation including model numbers and the specifications of any items to be built into, or information that affects the suitability or construction of the joinery making up the Kitchen/Cabinetry/Items. Any information not confirmed or items to be supplied or selected by you at the date of our contract must be confirmed in writing by you allowing enough time for the items to be ordered and delivered to our factory, or to achieve the agreed installation date. If the unconfirmed items or information are received too late to achieve the installation date, you agree to pay any additional costs incurred by us in fitting or installing the Purchaser Supplied Goods at the Site at a later date. We hold no responsibility for delays, deadlines not being met, misinformation, and miscommunication on supplied items provided to us by you or any third party.

PAYMENT

Staged Payments of the Price: The plus GST price for the Kitchen/Cabinetry/Items is to be paid by you as follows (unless specifically stated in the Quotation):

• 50% Deposit: 50% of the price upon acceptance of the Quotation. This payment confirms your order for the Kitchen/Cabinetry/Items in our production planning.
• 45% Progress Payment: We may give notice of when the Kitchen/Cabinetry/Items are completed at our factory and may request that you meet us there to inspect it for compliance with the Quotation. The inspection will confirm substantial compliance with our contractual obligations prior to delivery and installation of the Kitchen/Cabinetry/Items to the Site. If you the purchaser are unable to view the Kitchen/Cabinets/Items for any reason within this time frame, instalment 3.b must be paid in full upon this date. Failure to do so will result in penalty rates, storage charges, time/delivery delays to your project.
• 5% Final Instalment: Upon installation of the Kitchen/Cabinetry/Items to the Site we must receive the balance of the price (5%). A failure to pay on completion of installation will result in further costs.

Remedial Work: The client must inspect the cabinetry on installation and shall within 2 (two) days of installation notify us in writing of any alleged shortage in quantity, damage or failure to comply with the description, and 7 (seven) days of any functional problems. The Client shall afford STURDY CABINETS an opportunity to inspect the Kitchen/Cabinetry/Items within a reasonable time following installation if the Client believes the Kitchen/Cabinetry/Items are defective in any way.  If the Client fails to comply with these provisions the Cabinetry shall be conclusively presumed to be in accordance with these terms and conditions and free from any damage. The Client hereby agrees that in the event remedial work is required for work completed to date, the Client or the Client’s project manager shall only hold back the value/amount (agreed by both parties) of having the work replaced and not the entire due payment. The balance must be paid on receipt of our invoice or payment claim. STURDY CABINETS Ltd does not authorise the client to withhold any part of the final payment after the work in question has been resolved/rectified.

Failure or delay in making payments: Any failure or delay by you in making payments to us will give us the right to suspend our contract with you until you make the payments to us in full or we terminate the contract, payment being a material term.

Late payment fee and recovery costs: We will also charge you interest on the unpaid monies/accounts at a daily rate of 3% over the best commercial overdraft rate available from our bankers from time to time as a late payment fee, from the due date until the date of payment in cleared funds. We may also add to the due sum all costs and charges incurred by us in recovering the unpaid money, including collection and lawyer’s fees and all other related costs and expenses of any kind, including additional storage charges of $100 per day. Any after sale discount applied in good faith will be reverted if payment is not processed on time.

SECURITY FOR PAYMENT: PERSONAL PROPERTY SECURITIES ACT 1999

Purchase Money Security Interest: You grant us a purchase money security interest in the Kitchen/Cabinetry/Items supplied by us to you and any of its proceeds to secure the purchase price for the Kitchen/Cabinetry/Items and any additional costs related to the contract for its supply to you. You agree that we may register a financing statement under the PPSA to give notice of the PMSI.

SECURITY FOR PAYMENT:

Agreement to mortgage and caveat: To secure any money owed by you to us in respect of the Kitchen/Cabinetry/Items, you agree that we have the right to register a mortgage or a caveat over any real property owned by you, whether or not it is the Site, and to add the costs and expenses of doing so to that money owed by you to us.

Release of mortgage and caveat: We will release any mortgage or caveat once you have paid all the money due to us.

EVENTS OF DEFAULT

An account shall be considered in default if it remains unpaid for 30 days from the date of invoice.

Immediate payment due: All payments in respect of the Kitchen/Cabinetry/Items will become immediately due to us and we may at our option suspend or terminate our contract with you and exercise any of our rights including those in the event that:

• You fail to make any payments on their due date;
• You breach any other material term of our contract with you after we have given you 10 days written notice of the default and what you need to do to remedy it and you fail to do so within that time;
• A receiver, manager or administrator is appointed over your assets or undertaking or any substantial proportion of them;
• An application for the appointment of a liquidator is filed against you which remains unsatisfied for a period of 10 days, or any of the conditions necessary to render you liable to have a liquidator exist or a liquidator is appointed;
• You go into voluntary liquidation, amalgamate with another company, or acquire your own shares in accordance with the Companies Act;
• You suspend payment to your creditors or make or attempt to make an arrangement or composition or scheme with your creditors;
• You become insolvent, become, or are presumed to be, unable to pay your debts as they fall due or you commit any act of bankruptcy.

Sturdy Cabinets Ltd shall be considered irrevocably entitled to enter the property/properties holding the goods we have manufactured/supplied/installed for the purpose of removal and recovery of STURDY CABINETS’s and the client’s material from any and all premises until the amount due has been fully paid. This includes any and all work we have completed on monies due or paid for services including, but not limited to materials, construction, delivery, installation, sub-contractors, alterations, repairs, and maintenance.  The client, as well as our client’s client, relinquishes all rights to press trespassing or any other charges in these rare circumstances. Removal of such materials does not relieve the client of their obligation to pay the overdue amount. Customers whose accounts are in default, agree to pay STURDY CABINETS Ltd, legal expenses and third party collection agency fees in the enforcement of these terms and conditions.

DELIVERY AND RISK

Delivery date: Once production drawing signed by you/client/designer/architect etc (usually post payment of the 50% deposit) are received by us we will commence production and provide you with a delivery date for the installation of the Kitchen/Cabinetry/Items at the Site. Any delivery date specified by us to you is only an estimate. Due to nature of custom-made manufacturing, delivery or installation may be affected by delay of (client) Purchaser’s supplied goods, delay in payments, or failure by you or you contractor/architect/designer to obtain relevant consents and approvals, or any other matter outside of our control including delivery of goods to us by a third party supplier, and machinery/vehicular breakdowns, design issues, accidents or staff leave. etc. Any variations to the original quotation will void the original delivery date. Once goods are ready to be delivered the client may view them at our factory prior to delivery. Delivery will be made or deemed to be made by us when the goods arrive at the site, whether in one or more than one instalments.

Delivery defined: Delivery will be made or be deemed to be made by us when the Kitchen/Cabinetry/Items arrives at the Site, whether in one or more instalments and if no Site is specified, delivery will occur when the Kitchen/Cabinetry/Items is dispatched from our premises.

Failure to deliver: If you or the client or the client’s contractors, agents or employees refuse, are unable or unwilling for any reason to accept delivery in whole or in part, whether because the site is unavailable, client is unavailable or delivery cannot occur for some reasons beyond STURDY CABINETS’s control, the goods will be deemed to have been delivered when we were willing to deliver it. Kitchen/Cabinetry/Items that are refused delivery on the nominated date require a balance of the purchase price to be paid under. and we may charge you at our current daily rate of $100-$300 for storage of the Kitchen/Cabinetry/Items for each day that it remains undelivered, depending on the volume of works.

Risk: The Kitchen/Cabinetry/Items is at (you) the client’s risk once delivered to the Site. You should make sure that you have appropriate insurance cover. All goods supplied by us are at the clients’ own risk upon delivery to site whether they be installed or uninstalled, this includes third-party damage or theft of goods from the delivery vehicle. It is up to the client to make sure appropriate insurance cover is taken out. STURDY CABINETS will insure all Kitchen/Cabinets/Items, work, materials against any loss or damage by theft or fire whilst in our possession to the full insurable value. We are not however responsible for any loss of income, fees, costs, liabilities, and matters (including costs associated with timeline blowouts) that are directly or indirectly affected by the loss or damage to Kitchens/Cabinets/Items that due to fire or theft whilst Items are in our possession. In the event of theft or fire damage, STURDY CABINETS and you the purchaser/client will mutually agree on how to proceed with the completion of Quotation/Order or subsequent cancellation. Any monies/proceeds from insurance payout will be held in trust by STURDY CABINETS solicitors for both STURDY CABINETS and the purchaser pending accounting between the two parties.

INSTALLATION

Site readiness generally: You must make the Site ready for installation of the Kitchen/Cabinetry/Items at its indicated/estimate date. If you fail to do so this will affect the installation date. We are not responsible for any consequential costs and expenses that result from this.

SITE READINESS:

Matters for which we are not responsible: Unless specifically set out in the Quotation, we are not responsible for plumbing, electrical work, appliance installation, ducting, skirting, bench top scribing, silicone work, flooring, tiling, painting, decoration, splash back, benchtop installation, or any other construction work including (without limitation) the stripping of old tiles or floor coverings and the removal of any existing Kitchen/Cabinetry units, or other obstructions from the Site. You must remove those items and other obstructions from the Site and surrounding area(s) prior to the anticipated delivery date unless otherwise outlined in the Quotation. Failure to do so will result in additional costs.

Structural matters: We are not responsible for making good any defects in the structure of the walls, ceiling and floor making up the structures on the Site that will support the Kitchen/Cabinetry, for the removal of old cabinetry or other items, or for the installation of Purchaser Supplied Items (unless part of the Kitchen/Cabinetry and dealt with in the Quotation). If any additional works are required to be carried out and we agree to carry them out to remedy any defects, remove cabinetry, install appliances or otherwise compete for work that was not included in the Quotation, the costs of obtaining building consents and completing this work will be for your account and charged at our then current rates. In the event where site readiness results in the inability to carry out installation, and the return of Items to the factory, additional fees will be charged to you the client.

All care is given by us to you the client during the installation process.  If the client deems that floor covering or other chattels require protection, then it is up to the client to provide protection (floor coverings/ram board/drop sheets etc) at their own cost. In the event where the paint, painting equipment, boxes, bricks, plaster, tools etc, we hold no responsibility of damage to flooring, plasterwork, tile work, appliances, lighting, paintwork, Kitchens/Cabinetry/Items in the event where we have installed Kitchen/Cabinets/Items, as well as circumstances where other trades have come in after us but prior to you the client checking Items that we have installed. We hold no responsibility for the repair of our works, damaged by other trades.

KITCHEN/CABINETRY/ITEMS DESCRIPTION

Quotation: The Kitchen/Cabinetry/Items will be manufactured in accordance with the Quotation. It refers to drawing design measurements and component descriptions. The following clauses explain and qualify those items in the Quotation and must be read with the Product Warranty.

Natural Materials and Finish Awareness: You agree that stone and timber and other source materials for the Kitchen/Cabinetry/Items are made from natural materials that will have variations in colour, grain, texture and shade which are not treated in the Kitchen/Cabinetry/Items supply industry and market as defects in those stone and timber source materials. You agree that those variations are inherent, and the outcome cannot be controlled in use of such products. Any variations regarding natural products stated above does not allow you to terminate payment of our contract with you or to obtain any refund or damages for breach of contract or our Product Warranty.

As a natural material, all wood is affected by exposure to light, heat and harsh chemicals. It is also naturally affected by moisture and seasonal changes in humidity. Wood will naturally contract (shrink) in low humidity and expand in high humidity conditions. Mitred door styles and solid wood centre panels tend to exhibit more noticeable changes and subtle movement in humid conditions

All Finishes: Wood products, including cabinet doors, drawer fronts and face frames, will always be affected by environmental conditions. Cabinet finishes are also affected by artificial and natural light and heat sources. Over time, cabinetry finishes will darken or mellow. STURDY CABINETS adheres tightly to an acceptable range of colours for each of our furniture finishes and within this range, natural variation will occur, although it will be slight.

As wood naturally expands and contracts over time, this movement may cause hairline cracks in the finish surface over time at the joints. This will be most noticeable in some of our more semi-opaque and painted finishes. These are the natural characteristics in wood and are not a reflection of poor craftsmanship. These natural characteristics cannot be deemed as a reason for product replacement.

Prolonged exposure to tobacco smoke, sunlight, water will discolour cabinet finishes and 2pack door finishes. STURDY CABINETS cannot warrant finish distortion based on prolonged exposure to these conditions.

Samples: Any samples of components or materials for the Kitchen/Cabinetry/Items shown to or inspected by you are acknowledged by you to be only for the purpose of giving you a guide as to the completed Kitchen/Cabinetry and are not a sale by sample.

Kitchen/Cabinetry/Items size and join marks: Site access and doorways will affect the size of materials used in panels, cabinets, bench tops, marble work and other items making up the Kitchen/Cabinetry/Items. You agree that it may be necessary for us to divide up the Kitchen/Cabinetry/Items and add joins to these items to complete the manufacture and installation of the Kitchen/Cabinetry/Items and that they may be visible consequently. Your agreement as to no termination or claims applies to this clause.

WARRANTIES

Our Quality Commitment: Unless otherwise specifically provided in the Quotation, we will supply the Kitchen/Cabinetry/Items and any ancillary installation services in accordance with the following:

• In respect of all externally supplied components of the Kitchen/Cabinetry (such as glass and hardware) in accordance with their manufacturer’s or supplier’s warranties, if transferable or assignable to you.
• In respect of the remainder of the Kitchen/Cabinetry/Items, will be in accordance with our 5 (five) year Product Warranty.
• In respect of the ancillary installation services for the Kitchen/Cabinetry/Items, that they will be carried out with reasonable skill and care.
• Qualifications and other obligations, warranties and guarantees: Our supply of the Kitchen/Cabinetry/Items is subject to the implied obligations, warranties and guarantees set out in the following clauses, which contain exclusions of liability to the extent permitted by law:
• We do not warrant any Purchaser Supplied Items.
• We do not promise that the Kitchen/Cabinetry/Items will achieve any particular level of performance or usability, which are subjective factors.
• If you do not follow any operating instructions for the Purchaser Supplied Items their manufacturer’s warranties may not apply.

INTELLECTUAL PROPERTY

Ownership: We own all the intellectual property (including copyright) in the designs for the Kitchen/Cabinetry/Items and if you commission us to produce a design for you by agreeing to these Terms of Trade you assign to us all your copyright (and other intellectual property) irrevocably, for all purposes, throughout the world.

Indemnity: Where you or someone at your direction gives us a design or instruction to follow, you agree to make sure that we do not incur any losses of any kind (an indemnity) because the design or instruction breaches the intellectual property rights (including copyright of any other person).

PRIVACY:

The Client hereby authorises the Contractor to collect, retain, record, use and disclose commercial and/or consumer information about the Client’s creditworthiness, credit standing, credit history or credit capacity, in accordance with the Privacy Act 2020, to persons and/or legal entities who are a solicitor or any other professional consultant engaged by the Contractor, a debt collector, credit reporting agency and/or any other individual or organisation which maintains credit references and/or default listings.

The Contractor may give information about the Client to a credit reporting agency for the purposes of obtaining consumer and commercial credit reports and/or lodging consumer and commercial defaults on the Client’s credit file. This information may be given before, during or after the provision of credit to the Client and will be in accordance with the Privacy Act 2020 and subsequent amendments.

CANCELLATION CHARGES

In the event that you choose to cancel your order(s), a 20% cancellation fee will be charged. If the order has been placed for materials or order goes into production, we will not issue a refund.

CLIENT ACKNOWLEDGEMENTS

• Imperfections on bench tops and two pack paintwork may be evident in certain light. In most cases, this will be accepted industry standards and the Client agrees to this assertion.
• Sturdy Cabinets reserves the right to use the services of sub-contractors, agents and suppliers and any work, services and usage is bound by their Terms and Conditions.
• In the event of any circumstances that are out of our control such as problems with water supply, power supply, subcontractors, discovery of asbestos (in which case work will cease) the client acknowledges that any cost involved with rectifying the problems lies with the client and Sturdy Cabinets is in no way responsible.
• If the client directs us to make additional site visits these may incur a cost depending on the location. These incidences do not include initial consultation, site measure, delivery, install/s, defect identifications/correction.
• In the event of Sturdy Cabinets cause loss or damage to the client property as a result of our negligence, our liability shall be limited to making good the damaged area only. If client get damages fixed at their cost then Sturdy Cabinets are not liable for payment. Client need to notice us and allow 30 days for us to repair the damage.
• If we cause damage as a result of moving goods or carrying our work under your instruction, and where moving the goods in the manner instructed is likely to cause damage, we shall not be liable.
• In the event that any white goods or furniture needs to be removed or shifted by Sturdy Cabinets, we take no responsibility for any unfortunate damage that may occur during this process.
• The Client shall give Sturdy Cabinets all rights to photograph the completed kitchen/cabinetry/fit out including the delivery and install stages. These photographs may be used in the our promotional and/or advertising material
• If work is commenced or quotation is accepted which means that you have read, understood and agree to the Terms and Conditions outlined in the document: