DAW Carpentry Pty Ltd shall undertake the works in accordance with its quotation and in accordance with the written order from its Client which, if accepted by DAW Carpentry Pty Ltd, is subject to these conditions: 

Unless otherwise expressly agreed in writing the following terms ("The Conditions") shall apply to all business transacted and shall exclude any other terms and conditions which a Client may seek to impose even though such other terms and conditions may be submitted in a later document and/or purport to exclude or supersede the Conditions whether contained in any offer, acceptance or counter-offer made by the Client or otherwise. 

Definitions - in these Conditions: "The Client" means all parties to the Contract (as defined below) other than DAW Carpentry Pty Ltd. "The Contract" means the Agreement between DAW Carpentry Pty Ltd and the Client and all documents to which reference may be properly made in order to ascertain the rights and obligations of the parties. "The Goods" means the whole or any part of the Design, Furniture, Lighting, Handles, Prototypes, Materials and Goods supplied by DAW Carpentry Pty Ltd under the contract. "The Cost" means the price of the Goods stipulated by DAW Carpentry Pty Ltd in its quotation to the Client. 

1. Formation of Contract

Where deemed appropriate by DAW Carpentry Pty Ltd, a written estimation of design fees will be issued. The design fees are equivalent to the deposit paid by the client. The estimate is a calculation of the expected time required to reach a conceptual design for the Client, therefore if the Client wishes to make amendments to the initial conceptual design, DAW Carpentry Pty Ltd will change the CAD designs twice without extra charge for the client. If the client wishes to make more amendments, these will be seen as additions and should they increase the time estimated, this will be charged accordingly. DAW Carpentry Pty Ltd will treat this as an extra and charge an hourly labour rate of $60.00 AUD per hour. A Contract shall not be formed until receipt by DAW Carpentry Pty Ltd of confirmation to proceed in writing or/and by email from the Client. 

2. Cancellation

The Client shall not cancel the Contract without the express written agreement of DAW Carpentry Pty Ltd. In the event of an agreed cancellation the Client shall reimburse DAW Carpentry Pty Ltd fully for all costs and expenses incurred up to the time of such cancellation together with, by the way of liquidated damages, the lesser of (a) a sum equivalent to 25% of the Contract price and (b) $1,000.00 AUD which shall be paid to DAW Carpentry Pty Ltd within 7 days. 

3. Cost

The Cost is based upon the cost at the date of the quotation of materials, labour, transport or any currency fluctuations affecting the cost of imported materials and of conforming to any applicable statutory regulations or requirements and all other expenses. DAW Carpentry Pty Ltd reserves the right to vary the Contract Price to take account of any variation in the unforeseen costs before the date of delivery or installation. This would happen if the time period between placing an order and approving the designs is more than 3 months. 

4. Terms of Payment

(a) The Client shall pay in full all fees applicable immediately upon completion of the Contract and receipt of the relevant invoice. (b) DAW Carpentry Pty Ltd shall not be obliged to commence work upon the Contract until a sum equal to 50% of the total Contract Price (as specified in any quotation inclusive of GST) is paid by the Client. (c) The Client shall pay the outstanding balance of the Contract Price of the Goods and any other costs, charges or expenses and all other sums due to DAW Carpentry Pty Ltd immediately upon the delivery/installation of the Goods to the Client unless has agreed to give credit to the Client, in advance. (d) Time for payment shall be of the essence and DAW Carpentry Pty Ltd reserves the right to charge interest on all overdue accounts at 5% over NAB Bank base rate, such interest deemed to accrue on a day to day basis from the due date for payment under clause (c) above. (e) The Client shall have no right of set-off or Counter-Claim, Statutory or otherwise. DAW Carpentry Pty Ltd shall at any time be entitled to appropriate any payment made by the Client in respect of any goods or other sums due to DAW Carpentry Pty Ltd as it may be in its absolute discretion think fit notwithstanding any purported appropriation to the contrary by the Client. (f) If the Client (being a company) has a petition presented for its winding-up or passes a resolution for voluntary winding-up (unless for the purpose of a bone fide amalgamation or reconstruction) or compounds with its creditors or has a receiver appointed overall or any part of its assets or (being an individual) becomes bankrupt or insolvent or enters into any arrangement with his creditors or commits material or serious breach of this agreement (and in the case of such a breach being remediable fails to remedy it within 7 days) the Contract will be deemed to have been repudiated. (g) All goods, materials, finishes and items whatsoever manufactured or supplied in connection with the work as specified in the quotation will remain the property of DAW Carpentry Pty Ltd until the Contract Price and all other sums due to DAW Carpentry Pty Ltd is paid in full. For the avoidance of any doubt it is hereby declared that nothing in this clause shall offset the rights given to DAW Carpentry Pty Ltd by S38-48 of the Sales of Goods Act 1979. 

5. Design Variations

(a) DAW Carpentry Pty Ltd reserves the right to vary the design or specification of the Goods with a view to improving such design or specification at any time before delivery provided that such variations will not substantially alter the performance or specification of the Goods. In any event an illustration or technical description in a quotation or other sales details shall be regarded as approximate only and should be confirmed by the Client with DAW Carpentry Pty Ltd before an order is placed in reliance upon them. DAW Carpentry Pty Ltd shall use its best endeavours to comply with any reasonable request by the Client to modify the Goods but in doing so may alter the Contract Price and/or the delivery date and/or stipulate such other conditions which it may, at DAW Carpentry Pty Ltd sole discretion, consider reasonable and all extra costs arising from such variation shall be payable by the Client. (b) In the absence of express and specific written instruction from the Client, DAW Carpentry Pty Ltd reserves the right to use any such construction or specification as it sees fit for any particular application. (c) Should a particular specification be required which is subject to a Australian Standard or current legislation the Client shall communicate this specification to DAW Carpentry Pty Ltd in writing prior to the formation of the Contract and shall not be deemed to have been received by DAW Carpentry Pty Ltd until acknowledged in writing to the Client. 

6. Additional Services

At the request of the Client, DAW Carpentry Pty Ltd will at reasonable additional cost to the Client (payable at the same time and upon the same terms as the Contract Price):- (a) Supply additional drawings and/or dimensions and/or alterations relating to the Goods: and/or (b) Visit any site for any purpose connected with the Contract or the Goods: and/or (c) Prepare additional documentation relating to the Goods or their delivery/installation. 

7. Copyright

All drawings, prototypes, specifications, mock-ups, designs and literature prepared by or on behalf of DAW Carpentry Pty Ltd and any copyright therein or in any part thereof are the property of and remain the intellectual property of DAW Carpentry Pty Ltd and shall not be reproduced, resold or dealt with in any manner whatsoever without the prior written consent of DAW Carpentry Pty Ltd.

8. Client Specification

If any part of the Goods are manufactured or supplied by DAW Carpentry Pty Ltd in accordance with any specification, drawing or design provided by or on behalf of the Client and the Goods or such manufacture or supply constitute any infringement of any patent or copyright the property of any person then the Client shall indemnify and keep DAW Carpentry Pty Ltd indemnified against any claim, damage, loss or expense made against or suffered by it arising out of or in connection with such infringement. 

9. Delivery and Installation

(i) If the Fabrication Contract provides for the Goods to be collected by or on behalf of the Client, DAW Carpentry Pty Ltd shall give the Client reasonable notice of the date and the place where the Goods will be ready for collection and delivery shall be deemed to take place upon the date and at the place so notified.

(ii) If the Client fails to collect the Goods within one week after receiving notification from DAW Carpentry Pty Ltd that the same are ready for collection, DAW Carpentry Pty Ltd shall be entitled to put the Goods into store and with effect from expiry of the said period whether the Goods shall remain on DAW Carpentry Pty Ltd  premises or to be put into store any loss or damage to or deterioration in the Goods shall be at sole risk of the Client and DAW Carpentry Pty Ltd shall be reimbursed for any expense or cost (including the cost of reasonable insurance effected on behalf of the Client) incurred by DAW Carpentry Pty Ltd in exercising its rights hereunder or in consequence of the Client's failure to collect the Goods.

(iii) If the Fabrication Contract provides for DAW Carpentry Pty Ltd to consign the Goods to a destination in the Perth metropolitan area, delivery shall be deemed to take place when the Goods are handed over at the agreed destination.

(iv) If DAW Carpentry Pty Ltd contracts to consign the Goods to a destination outside the Perth metropolitan area, delivery shall take place in the manner agreed in writing with the Client. In these circumstances time of delivery is not of the essence.

(v) Until such a time as the Contract Price and all other sums have been paid in full the Client shall not allow any third party to acquire an interest in the Goods or title to them and, without prejudice to the generality of the foregoing, the Client shall not pledge the Goods or part with possession of them or allow any charge, lien or other encumbrance to affect them or to allow them to be installed within any property. 

(vi) If the Fabrication Contract provides for the installation of the Goods, DAW Carpentry Pty Ltd shall give the Client reasonable notice of the estimated installation date.

(vii) DAW Carpentry Pty Ltd will only undertake the installation of the Goods from 8.00am to 6.00pm Monday to Friday unless otherwise agreed.

(viii) The Client shall ensure the area in which the Goods are to be installed is clear of any obstructions prior to the installation date unless otherwise agreed prior to the quotation and where this is not the case DAW Carpentry Pty Ltd will charge their hourly production rate $90.00 AUD per hour to remove said obstructions. 

(ix) On removing old units when required, (remove and dispose) DAW Carpentry Pty Ltd does not take responsibility for damage to existing paintwork, plaster, hidden or exposed plumbing, electrics, alarms, phone cables, gas pipes or any other services that are accidently damaged. We will take reasonable care, but cannot take responsibility beyond that. 

(x) DAW Carpentry Pty Ltd does not take responsibility for scratched floor, walls or ceilings during the installation. We will take utmost care during installation, and protect all floor surfaces, but cannot take responsibility beyond that. 

10. Electrical

DAW Carpentry Pty Ltd do supply and fit lights to our units, but the electrical connection of the lights are just plugged into an existing electrical socket. If you require the lights to be hard wired into your home, this needs to be carried out by a certified electrician. If you don’t have any electrician, DAW Carpentry Pty Ltd can suggest an electrician, but it is the Client’s responsibility to contract electrician directly and the cost of this is not included in our quotation. If it is necessary to move electrical sockets, the Client must allow for this to be completed before installation commences. 

11. Final Payment 

Once we have completed the project, we would expect the remaining balance to be paid within 10 days. This balance is calculated by the total cost including GST on the Client’s invoice minus the 50% deposit already paid, plus any additional costs that may have been incurred during the design, delivery and installation process (as outlined above)

We are very proud of our reputation and always try our best to satisfy our clients. So if we have failed in any way, please notify us asap. Then we can proceed to try and rectify any issues you may have - we are always willing to go above and beyond to satisfy our Clients’ needs.

If the balance is not paid within 21 days of the completion date and we have not received any communication from the Client, unfortunately we open a case with a national recognized debt recovery agency. From this point, we don’t have any control over additional fees. This will be controlled by the debt recovery agency and then by the court. Please note, that we have never had to use this option before and we hope we never have too. 

12. Warranty on Materials and Workmanship

Our materials and workmanship are are covered under warranty for any defects or breakage that occurs under normal use for up to 5 years. Any defective or broken materials or workmanship shall be repaired, at the sole cost of DAW Carpentry Pty Ltd, in a reasonably timely manner. This is negotiated on a case by case basis but we will always aim to begin repair work within 14 working days of the initial communication of defective or broken materials or workmanship where possible. This warranty does not cover damage to materials or workmanship caused by negligence or use of the product outside its reasonably understood usage. This warranty does not cover damage occurring as a result of natural disaster, theft, or fire. This warranty does not cover damage to materials or workmanship that falls under general usage wear-and-tear which tends to occur over a period of years.

Our hardware is covered by the warranty of its suppliers, and DAW Carpentry Pty Ltd will liase with suppliers to replace hardware under warranty that is defective or broken on behalf of the Client. DAW Carpentry Pty Ltd will replace and refit all hardware covered under its suppliers’ warranties in this instance. If you wish to be referred to the suppliers’ warranties, please get in touch with DAW Carpentry Pty Ltd.

13. By placing an order with DAW Carpentry Pty Ltd, you have agreed to all the above terms and conditions.    

Yours sincerely, 

DAW Carpentry Pty Ltd.

Update 13th September 2022