Standard Terms and Condition

PLEASE READ THEM CAREFULLY AS THEY FORM THE BASIS OF OURACCEPTANCE YOUR ORDER.

• The following terms and conditions of trade/sales/services apply to all products and services offered by The Builder Store Pty Ltd.
• All work is carried out by The Builder Store Pty Ltd on the basis that the client has agreed and understood the following terms and conditions outlined by The Builder Store Pty Ltd.
• All designs, drawings, sketches, images, and documents supplied by The Builder Store Pty Ltd remains our property.
• All goods remain the property of The Builder Store Pty Ltd until paid for in full.

These definitions are part of the Terms of Trade/Sale/Service.

1. DEFINITIONS

“Australian Consumer Law” means Schedule 2 to the Competition and Consumer Act 2010 (Cth) and any other equivalent legislation (such as the Fair Trading Acts in each State and Territory of Australia (or equivalent legislation));

“Consequential Loss” means any indirect or consequential loss or damage suffered by a party or any other person, or in connection with including but not limit to loss of revenue, loss of income, loss of business, loss of profits, loss of goodwill or credit, loss of business reputation, future reputation or popularity, loss of use, loss of interest, impairment of credit rating or loss or deprivation of opportunity;

“Quotation” or “Quote” or “Order” or “Contract” means the quotation for the supply and installation of the products for you the client, we have agreed to carry out as described in the Quotation/Quote/Order/Contract;

“Defect” means a defect, blemish or imperfection in the Goods which prevents the Goods from being used for their intended purpose for such Goods or which makes the use of the Goods dangerous, but does not include as a characteristic, feature or limitation of the Goods, which has been disclosed by us prior to the date of purchase, or any defect, flaw, or imperfection that is trivial or insubstantial;

“item” or “goods” means any product or service we provide to you the client;

“GST” means any Goods and Services Tax and any alternative or similar tax; “GST Law” means A New Tax System (Goods and Services Tax) Act 1999 (Cth);

“Invoice” means an invoice setting out the amount due by you for goods purchased from us under this contract;

“Purchaser Supplied Items” means the white goods or brown appliances (such as ovens, hobs and refrigerators) which you will pay for and supply to us for inclusion in the goods/service as described in the Quotation;

“Site” means the physical premises where the goods/item is to be delivered/installed and includes all access as required;

“Product Warranty” means our products or any other good we may supply – warranty;

“PPSA” means the Personal Property Securities Act 2009 (Cth);

“you” means the customer/client specified on the Invoice for Goods purchased under this Contract; and;

“We” or “TBS” or “us” or “The Build Store” means The Build Store entity (or The Build Store Pty Ltd) which is specified on the Invoice issued to you in relation to the Goods purchased under this Contract.

2. GENERAL

2.1 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.

2.2 To the fullest extent permitted by law and subject to clause 2.4, this contract:

a) supersedes and excludes all prior and other discussions, representations (contractual or otherwise) and arrangements relating to the supply of the Goods, including but not limited to those relating to the performance of the Goods or the results that should be expected from the use of the Goods; and

b) Take precedence over any quotations, invoices, accepted or amended orders and your terms and conditions of purchase (if any), exchanged between the partieswhether or not such documents expressly state that they take precedence over this contract.

2.3 Subject to clause 2.4, unless we agree otherwise in writing, this contract is the only contract that applies to all goods supplied by us to you.

2.4 In the event of any inconsistency between any other terms agreed in writing between you and us (including those documents referred to in Clause 2.2(b)) and/or this Contract, this Contract will prevail to the extend of any inconsistency unless stated otherwise those other terms.

3. Quotation/Quote/Order/Contract

3.1 This is the basis of the contract between your customer and The Builder Store. Upon making a proposal, TBS will provide the customer with a written estimate or quotation outlining the specifications of the goods.

3.2 A copy of a written estimate or quote will be sent or presented to the client setting out what we will and will not provide and our terms of payment pursuant to Clause 8. If the customer wishes to proceed with the quote, the payment of deposit will indicate acceptance of the quote and T&C’s with or without signature. This action binds the customer to accept The Builder Store Terms and Conditions of Trade.

3.3 It is the client’s responsibility to ensure all aspects and details of the project are correct prior to signing the contract.  Any alterations must be sent to The Builder Store in writing prior to the changes taking place. No verbal agreements or instructions will be executed out unless received in writing by The Builder Store, and approved by us. Any alterations made to the finalised project specifications or shop drawings after the client has signed off, will incur a processing fee of between minimum $300 and the $ amount depending on the scale and re-occurrence of variations.

3.4 Quotes are fixed within 7 days from being made available to the customer, The Builder Store reserves the right to adjust prices based on any trade/supplier price increases after this period. Customers will be notified of any such increase prior to commencement.

3.5 Formation of Contract: The Quotation is subject to these terms of trade. Quotations, terms of trade and our product warranties are the sole basis on which we deliver the goods to you. No oral or written communication with you will be permitted except as expressly stated in the Quotation. In case of any inconsistency between customer’s request and quotation, our terms of trade apply. Our contract with you is established when you accept the Quotation within the acceptance period by signing and returning the Quotation with/or a deposit paid in clearing funds.

4. Design

4.1 We will design the Items according to the requirements accepted by you in the quotation. If you or a third party provides a project design at your request, we will supply the Item with that design, but we are not in any way responsible for any issues they may have with this form of the process, including time/budget blowouts. All designs, images, sketches and documents provided by us are our property.

4.2 Any costs incurred by third-party designers shall be borne by the customer. The Builder Store is not responsible for any deadlines not met due to lack of communication from third parties (eg: architects/designers/builders) or design changes made by them. Once changes are made, we cannot guarantee that the original deadline stated in the quotation will be met. If the client would like us to carry out design work this will incur additional costs which are subject to the scope of work.

5. Site Responsibility

Unless specified in the Quotation, you are responsible for all planning, building and other consents and permits and by coordinating all other work to provide us with ready delivery and prompt installation of the Goods (e.g. kitchens/cabinets/items) by co-ordinating all other work and trades on Site. The site must be free of obstructions, construction material and debris. Failure to do so may result in all items being returned to our warehouse which will result in additional delivery/handling charges and time delays. We hold no liability for insufficient preparation of the delivery/installation site. We cannot be held responsible for additional costs incurred due to insufficient on-site preparation.

6. Variations

If you want to change our contract with you, you must ask us to do so in writing. If the requested changes affect the price of the Goods or its estimated date of completion, then, within 10 working days of our receipt of your request, we will notify you of the changes by means of a written Notice of Change in Construction Works and any required consents, (including the effect on existing consents for which you remain responsible, if any), on the agreed price of the goods, in the form of an increase or decrease, any material effect on our product warranties, and any effect on the estimated completion of the goods date. You may then agree to the changes by countersigning our notice of changes, in which case our contract with you will be amended appropriately. Any changes, including but not limited to design, materials and labour – compared to the originally quoted design will require full payment upfront in order for us to start work.

7. PRICE

7.1 Quotations: Unless otherwise stated, prices for Goods are as stated in the Quotation and any agreed variations and are inclusive of GST. Prices are based on our site visits and merchandise design and are based on our current rates and costs. Prices include shipping and insurance to the point of delivery. If, after the contract has been formed, you wish to change the contents of the quotation in accordance with clause 6 and we accept the change, we will adjust the price by reference to our then prevailing rates and costs, including any indirect costs such as the revised cost delivery date. Prices in an offer expire 7 days after publication.

7.2 Buyer-supplied items: In general: You (the customer) are responsible for the procurement, payment and timely supply of all purchaser-supplied items. It is the buyer’s responsibility to ensure that all appliances, fittings, accessories and other items are in good condition and meet the requirements and proper specifications of the project and to provide the exact dimensions and/or dimensions of any appliances, fittings and accessories in writing to The Builder Store. The Builder Store accepts no responsibility for incorrect product purchases by customers which may result in improper measurement allowances for the merchandise we offer. Any costs involved in the return, reconfiguration and subsequent delivery of merchandise (e.g. kitchens/cabinets/items) due to inaccurate or incorrect items supplied will be your sole responsibility as the customer.

7.3 Delays in items supplied by the buyer: You are solely responsible for supplying all relevant documentation, including model numbers and specifications of any items to be built in, or information affecting the suitability or construction of the goods comprising the product (e.g. kitchens/cabinets/items). Any information or items to be supplied or selected by you which have not been confirmed by you on the date of our contract must be confirmed by you in writing to allow sufficient time for the items to be ordered and delivered to our warehouse, or to meet the agreed installation date. If unconfirmed items are received or information is received too late for the installation date, you agree to pay any additional costs we incur at a later date to install or install the goods supplied by Buyer on site. We accept no liability for delays, failure to meet deadlines, misinformation and miscommunication of items supplied to us by you or any third party.

8. PAYMENT AND DEFAULT

8.1 We will issue each invoice upon delivery of the relevant Goods. Subject to Clause 8.3, unless otherwise agreed by us in writing (including otherwise identified on any invoice issued by us), all invoices are payable by the due date stated on the invoice.

8.2 Failure or delay in payment: If you fail or delay in payment to us, we will be entitled to suspend the contract with you until you pay in full or we terminate the contract, payment is a substantive term.

8.3 Late Payment Fees and Recovery Charges: We will also charge you as a late fee interest on outstanding amounts/accounts at a daily rate of 9% of the best commercial overdraft rate offered by our bank from time to time, from the due date to the date on which funds are cleared. payment date. We may also add to the amount payable all costs and expenses we incur to recover unpaid amounts, including collection and attorney fees and all other related costs and charges of any kind, including additional storage fees of $200 per day.

8.4 If:

a) you are in arrears with any payment or are unable or represent that you are unable to pay a debt as it becomes due;

b) you are an individual and you have committed an act of bankruptcy or appointed a controller or trustee for your estate or any part of your property or assets;

c) you are a company and you have passed a winding-up resolution or entered into liquidation, or received a winding-up application against you;

d) appoint a receiver, receiver-manager, controller or voluntary administrator for any part of your property or assets; or

e) you encounter any similar event with substantially similar effects to any of the above events, then we may, at our sole option and to the extent permitted by law, stop further deliveries or cancel any orders without notice and without affecting any of our Other actions or remedies that the contract has or may otherwise take. In such event, all amounts due to us on any invoice shall become immediately due and payable regardless of whether the due date on any invoice has occurred or has passed, and in addition we reserve the right to charge you for any and all reasonably incurred Entitlement to Fees Recovers by us any outstanding sums owed to us under this Clause 8.3.8.5 Notwithstanding clause 8.1, we may at all times in our sole and unfettered discretion and without being under any duty or obligation to assign reasons to such discretion, alter or terminate your credit limit or payment terms by providing written notice. Payment term changes will not apply to orders already placed and will be effective on all future orders. Without limiting the generality of the foregoing, our decision shall be final and we accept no liability or responsibility for any loss (including Consequential Loss), howsoever arising, incurred by you due to the operation of this condition.

8.6 You agree that you shall have no claim against us for the amount of any invoice unless you provide us with full details of your claim in writing within six months of the invoice being due. If you do not provide us with written notice of a disputed invoice in accordance with Clause 8.6, you acknowledge and agree that you waive any right to make any claim against us in respect of the quantity of such invoices by law.

8.7 The Builder Store shall be deemed to be irrevocably entitled to enter the property holding the Merchandise supplied/installed by us for the purpose of removing and restoring The Builder Store and the Customer’s material from any and all premises until the amount due is fully remunerated. This includes any and all work that has been performed by us including, but not limited to, materials, construction, delivery, installation, subcontractors, alterations, repairs and maintenance.

8.8 The customer, and our customers’ customers, waives all rights to make trespass or any other allegations in these rare circumstances. Removal of such material does not relieve Customer of its obligation to pay past due amounts. Customers in default of their account agree to pay The Builder Store, legal fees and third party collection agency fees upon enforcement of these terms and conditions.

9. DEFECTS

9.1 You must inspect the goods for defects upon delivery and notify us of any defects in writing within 3 days of delivery. Except as required by the Australian Consumer Law, you will be deemed to have accepted the goods if you do not notify us of any defects within 3 days of delivery.

9.2 You must keep any Goods found to be defective in the condition in which they were delivered and allow us (or our appointed agent) to enter your premises to inspect the Goods. If our inspection agrees with you that such goods are defective, the remedies set out in clause 20.2 will apply.

9.3 Remedial work on installation: The customer must inspect the goods (e.g. cabinets) at the time of installation and should notify The Builder Store in writing (or by phone in the case of minor problems) within 2 (two) days of installation of any alleged shortages 7 (seven) days for quantity, damage or not as described, and any functional problems. The Customer shall provide The Builder Store with an opportunity to inspect the Goods (egKitchen/Cabinet/Item) within a reasonable time after installation if the Customer considers the Goods (eg Kitchen/Cabinet/Item) to be defective in any way. If the customer fails to comply with these provisions, it shall be conclusively presumed that the goods (such as cabinets) comply with these terms and conditions and are free of any damage. The client hereby agrees that if the work completed to date requires remedial work, the client or the client’s project manager shall retain only the value/amount of the replacement work (as mutually agreed) and not the full payment due. The balance must be received upon receipt of our invoice Or pay when payment is requested. The Builder Store does not authorize the customer to withhold any portion of final payment after the related work has been resolved/corrected.

10. SECURITY INTEREST, CHARGES AND POWER OF ATTORNEY

10.1 You grant us a security interest in the goods to secure payment of all amounts owed to us under this contract. The security interest: i. extends to and continues to all proceeds, additions and processed or commingled goods; and ii. is a purchase money security interest to the extent that it secures payment of the amount owed to us, which includes the unpaid total purchase price of the goods.

10.2 You agree that we may also register a security interest in all of your personal property (as that term is defined in the PPSA) with the Personal Property Securities Registry.

10.3 For the purposes of section 19(2) of the PPSA, you:

a) guarantee that you own the rights to the goods, or have the right to assign rights to the goods to us;

b) acknowledge that a security interest in the purchase price has accrued in the Goods through your acceptance;

c) guarantee that you have rights to, or have the right to assign to us your rights in, personal property; and

d) acknowledge that we have placed value on our security interests in personal property, including by providing or continuing to provide you with any financial accommodation.

10.4 For purposes of section 20(2)(b)(ii) of the PPSA, you acknowledge that the security interest in all of your personal property is taken in all of your personal property now and hereafter acquired.

10.5 You must not do or allow to be done anything that would cause a security interest granted to us to prevail over any other security interest.

10.6 You agree that you waive all rights under section 157 of the PPSA to receive notices under that section.

10.7 You assign in our favor all property and interest in any real property you currently and future own, together with the amount of your debts hereunder, until satisfied, and grant to us all rights and interests in all such property in our favor. the right to warning.

10.8 You agree to sign all documents and do all acts, things and things that we reasonably require to more effectively protect our rights under the security interest created under this contract.

10.9 If you fail to perform your obligations under this Contract, you will from time to time appoint our authorized representatives to act as our duly constituted agents, to enforce in your name and as your acts and deeds any real property charge or consent to any WARNING Apply for real property you may own with any land titles office in any state or territory in Australia.

11. DELIVERY AND RISK

11.1 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 or an installation date of the goods (eg.Kitchen/Cabinetry/Items) at the Site. Any delivery date or installation date specified by us to you is only an estimate. Once goods are ready to be delivered the client may be asked to view them at our warehouse 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 instalment.

Delivery 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 etc. Any variations to the original quotation will void the original delivery date.

11.2 No liability for late or non-delivery: We are not liable for any late or non-delivery unless such failure is a direct result of something we have done or not done within reasonable limits.

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

11.4 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 or delivery cannot occur for some reasons beyond The Builder Store’s control, the goods will be deemed to have been delivered when we were willing to deliver it.

The goods (eg. Kitchen/Cabinetry/Items) that are refused delivery on the nominated date require a balance of the purchase price to be paid under clause 3.1 d. and we may charge you at our current daily rate of $200-$400 for storage of the goods (eg Kitchen/Cabinetry/Items)for each day that it remains undelivered, depending on the volume of works.

11.5 Risk: The goods (eg. 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.

The Builder Store will insure all the goods (eg. 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 the goods (eg. Kitchens/Cabinets/Items) that due to fire or theft whilst Items are in our possession.

In the event of theft or fire damage, TBS 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 TBS solicitors for both TBSand the purchaser pending accounting between the two parties.

12. INSTALLATION (If it is included in the quotation)

12.1 Site readiness generally: You must make the Site ready for installation of the goods  (eg.Kitchen/Cabinetry/Items) at its indicated 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.

12.2 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.

12.3 Site readiness: 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 goods (eg. Kitchen/Cabinetry), for the removal of old windows, doors, cabinetry or other items, or for the installation of Purchaser Supplied Items (unless part of the goods (eg. 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 windows, doors, cabinetry etc., 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 warehouse, additional fees will be charged to you the client.

12.4 Site readiness: 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, the goods (eg. Kitchens/Cabinetry/Items) in the event where we have installed the goods (eg.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.

13. HEALTH AND SAFETY AT WORK ACT 2015(HAS)

13.1 Mutual responsibilities under the HAS: We will each be responsible for our respective obligations under the HAS and ensure that our workers and officers as defined in the HAS comply with their obligations under the HAS. To the extent that you may have any such responsibilities, so far as is reasonably practicable, you must eliminate or minimise risks to health and safety in respect of the Site.

14. The Goods (eg. KITCHEN/CABINETRY/ITEMS) DESCRIPTION

14.1 Quotation: The goods (eg. 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.

14.2 Natural Materials and Finish Awareness: You agree that stone and timber and other source materials for the goods (eg. Kitchen/Cabinetry/Items) are made from natural materials that will have variations in colour, grain, texture and shade which are not treated in the goods (eg. 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 flooring, cabinet doors, drawer fronts and face frames, will always be affected by environmental conditions. Goods finishes are also affected by artificial and natural light and heat sources. Over time, Goods finishes will darken or mellow. The Builder Store 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 will discolour lighter White and Cream-based finishes and 2pack finishes. The Builder Store cannot warrant finish distortion based on prolonged exposure to these conditions.

14.3 Samples: Any samples of components or materials for the goods (eg.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 goods (eg. Kitchen/Cabinetry) and are not a sale by sample.

14.4 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 as a consequence. Your agreement as to no termination or claims in clause 10.2 also applies to this clause.

15. WARRANTIES (Detailed in goods warranty)

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

In respect of all externally supplied components of the goods (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 goods, will be in accordance with our (specified in goods warranty) year Product Warranty.

In respect of the ancillary installation services for the goods (eg. Kitchen/Cabinetry/Items), that they will be carried out with reasonable skill and care.

15.2 Qualifications and other obligations, warranties and guarantees: The Warranty is provided in addition to any warranty or guarantee imposed by law which cannot be excluded and, in particular, the guarantees implied by the Competition and Consumer Act 2010. In no way does this guarantee seek to exclude or limit any right or remedy you have in law which cannot be excluded. However, to the extent that is permitted by law, any other warranties or guarantees are excluded.

15.3 Further qualifications: Our express and implied obligations to you are also subject to the following:

16. INTELLECTUAL PROPERTY

16.1 Ownership: We own all the intellectual property (including copyright) in the designs for the goods (eg. 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.

16.2 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).

17. PRIVACY

Each party agrees not to disclose information provided by any other party that is not publicly available (including the existence of or contents of this Contract) except:

a) to any person in connection with an exercise of rights or a dealing with rights or obligations under this Contract in connection with preparatory steps such as negotiating with any potential transferee or any other person who is considering contracting with us in connection with this Contract; or

b) to officers, employees, agents, contractors, legal and other advisers and auditors of any party to this Contract; or

c) to any party to this Contract or any related entity of any of them, provided the recipient agrees to act consistently with this clause 24; or

d) with the consent of the party who provided the information (such consent not to be unreasonably withheld); or

e) any disclosure the disclosing party reasonably believes is required by any law, stock exchange or rating agency (except this paragraph does not permit us to disclose any information under section 275(4) of the PPSA unless section 275(7) of the PPSA applies).

18. GENERAL MATTERS

18.1 These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. The Builder Store reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice. In the event of any contractual inconsistencies between parties, you agree that The Builder Store Terms of Trade shall prevail.

Copyright on all information including but not limited to, images, designs, text, information, logos belong to The Builder Store. All rights reserved.

18.2 If the client directs The Builder Store or its employees to make additional site visits these may incur a cost between $200 and $400 depending on the location. Sites further than 120km may incur a fee of up to $600. These incidences do not include initial consultation, site measure, delivery, install/s, defect identifications/correction.

19. CANCELLATION CHARGES

You have a three day right to rescind this agreement.

In the event that you choose to cancel your order(s) within the “right to rescind” period, a 20% cancellation fee will be charged. This fee is to cover any incidentals that The Builder Store will or has absorbed.

If the order has been placed for materials we will not issue a refund. If the order goes into production, The Builder Store will not issue refunds even if it is within the 3 days “right to rescind” period.

20. LIABILITY

20.1 To the maximum extent permitted by law and subject to clause 20.2 :

a) we exclude all liability for any loss, however caused (including by our negligence), suffered or incurred by you in connection with a breach of this Contract or the supply of the Goods to you in excess of the total value of the Order which is the subject of the claim, whether or not we were aware of the possibility of such loss to you when this Contract was entered into;

b) other than as set out in this Contract, we exclude all conditions, representations, warranties and guarantees, whether express or implied, by contract, trade or otherwise; and

c) notwithstanding any other clause of this Contract, we exclude all liability whatsoever to you for any Consequential Loss relating in any way to the supply of Goods to you.

20.2 If the Australian Consumer Law confers certain rights, guarantees or remedies on you which are not able to be excluded, restricted or modified except in limited circumstances, our liability for breach of any such right, guarantee or remedy is limited to us (at our election):

a) replacing the Goods or supplying equivalent goods;

b) repairing the Goods;

c) paying the cost of replacing the Goods or of acquiring equivalent goods; or

d) paying the cost of having the Goods repaired.

21. FORCE MAJEURE

21.1 We are not liable for any failure to perform any of our obligations under this Contract as a result of any event beyond our reasonable control including, without limitation, where we are prevented or hindered from manufacturing, delivering or supplying the Goods as a result of any strikes, lockouts or other labour difficulty, inability to obtain any necessary materials, products, equipment, facilities or services from usual suppliers on usual terms, power or water shortage, accidents or breakdowns of plant, machinery, software, hardware or communication network or any epidemic, pandemic or other widespread health issue leading to business closure or limitations, including reduction in staff attendance at any of our premises. In such circumstances, we may suspend performance of any obligations under this Contract while the event continues. We shall not incur any liability to you in respect of such suspension.

21.2 If any of the above events occur for more than 30 days, we may, without liability, terminate any affected Order immediately by notice in writing to you, and, subject to us having received from you all monies you owe us under this Contract, you may terminate this Contract by notice in writing to us.

22. SEVERANCE

If any provision of this Contract or its application to any person or circumstance is or becomes invalid, illegal or unenforceable the provision shall, so far as possible, be read down to such extent as may be necessary to ensure that it is not invalid, illegal or unenforceable. If any provision or part of it cannot be so read down the provision or part of it shall be deemed to be void and severable and the remaining provisions of this Contract shall not in any way be affected or impaired.

23. GOVERNING LAW

This Contract is governed by the law of the State of Victoria. You and we submit to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia.

24. GST AND OTHER TAXES AND DUTIES

Notwithstanding any other clause in this Contract, to the extent that any supply made under or in connection with this Contract is a taxable supply (as defined by the GST Law), you must pay to us, in addition to the consideration provided for under this Contractor that supply (unless it expressly includes GST) an amount (additional amount) equal to the amount of that consideration (or its GST exclusive market value) multiplied by the rate at which GST is imposed in respect of the supply. You must pay to us the additional amount at the same time as the consideration to which it is referable. You are responsible for paying any other duties, taxes or charges, including any stamp duty (if applicable), in relation to the Goods.

25. WAIVER

Waiver by us of a breach of this Contract of any right or power arising on a breach of this Contract must be in writing and signed by us. A right or power created or arising on a breach of this Contract is not waived by any failure to exercise or delay in exercising, or a partial exercise of, that or any other right or power.

26. NO RIGHT TO OFFSET

No amount owing, whether present or future, actual, contingent or prospective and on any account whatsoever by you to us may be offset against any amount owing whether present, future, actual, contingent or prospective of you to us hereunder or on any other account whatsoever.

25. ENFORCEMENT OF SECURITY INTEREST

You agree that to the extent permitted by law:

25.1 for the purposes of sections 115(1) and 115(7) of the PPSA, we do not need to comply with the following provisions of the PPSA:

a) section 95 (notice of removal of accession), to the extent that it requires us to give a notice to you;

b) section 121(4) (enforcement of liquid assets – notice to Grantor);

c) section 125 (obligation to dispose of certain collateral);

d) section 130 (notice of disposal), to the extent that it requires us to give a notice to you;

e) paragraph 132(3)(d) (contents of statement of account after disposal);

f) subsection 132(4) (statement of account if no disposal);

25.2 for the purposes of sections 115(10 and 115(7) of the PPSA the following provisions are excluded:

a) section 142 (redemption of collateral); and

b) section 143 (reinstatement of security agreement);

25.3 for the purposes of section 115(7) of the PPSA, we need not comply with sections 132 and 137(3);

25.4 if the PPSA is amended after the date of this Contract to permit a grantor and a secured party to agree to not comply with or exclude other provisions of the PPSA, we may notify you that any of these provisions are excluded, or that we need not comply with any of these provisions, as notified to you by us; and

25.4 you agree not to exercise your rights to make any request of us under section 275 of the PPSA, to authorise the disclosure of any information under that section or to waive any duty of confidence that would otherwise permit non-disclosure under that section.

26. NOTICES UNDER THE PPSA

To the extent permitted by law, we do not need to give you any notice required by the PPSA (including a notice of a verification statement) or any other law before a secured party exercises a right, power or remedy. However, nothing in this clause prohibits us from giving a notice under the PPSA or any other law.

27. FURTHER ASSURANCES

You agree to do anything we reasonably ask (such as obtaining consents, getting documents completed and signed) to:

a) ensure that any security interest created under this Contract is enforceable, perfected (including, where possible, by control in addition to registration) and otherwise effective; or

b) enable us to apply for any registration, or give any notification, in connection with the security interest so that the security interest has the priority we require (including a registration for what whatever collateral class we think fit and you consent to any such registration or notification and agree not to make an amendment demand); or

c) enable us to exercise rights in connection with the security interest. All costs and expenses arising as a result of actions taken pursuant to this clause 27 will be for your account.

28. PPSA REGISTRATION INFORMATION

You agree to notify us:

a) at least 14 days before you do any of the following:

i. if you do not have an ACN or ARBN, you change your name;

ii. you become trustee of a trust with an ABN, or a partner in a partnership with an ABN, other than a trust or partnership referred to in this Contract; and

b) if you have an ACN or ARBN (or are the trustee of a trust that has an ABN or are a partner in a partnership has an ABN), as soon as possible after you become aware that the number will change or cease to apply.

29. CORPORATIONS

If you are a corporation, you must not allow a person or group of people holding 50% or less of your issued capital or voting rights to hold more than 50% of such capital or rights without our prior written consent (not to be unreasonably withheld). In such instance, we may ask for new guarantors to sign a guarantee and indemnity before granting such consent.

30. TRUSTEE CAPACITY

30.1 If you are the trustee of a trust (whether disclosed to us or not), you warrant to us that:

a) you enter into this Contract in both your capacity as trustee and in your personal capacity;

b) you have the right to be indemnified out of trust assets;

c) you have the power under the trust deed to sign this Contract; and

d) you will not retire as trustee of the trust or appoint any new or additional trustee without our prior written consent (not to be unreasonably withheld).

30.2 You must give us a copy of the trust deed upon request.

31. PARTNERSHIP

If you are a partnership:

a) you warrant that all of the partners have signed this Contract and that all of the partners will enter into a guarantee and indemnity with us in relation to your obligations to us; and

b) you must not alter your partnership (for example, by adding or removing partners or altering your partnership agreement) without our prior written consent (not to be unreasonably withheld). In such instance we may ask for new guarantors to sign a guarantee and indemnity before granting such consent.

32. CLIENT ACKNOWLEDGEMENTS

32.1 The Builder Store 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 TBS is in no way responsible.

32.2 In the event of The Builder Store 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 we cause damage as a result of moving goods 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 The Builder Store, we take no responsibility for any unfortunate damage that may occur during this process.

32.3 The Client shall give The Builder Store all rights to photograph the completed the goods (eg. kitchen/cabinetry/fit out) including the delivery and install stages. These photographs may be used in the Contractor’s promotional and/or advertising material etc.