Terms and Conditions
These terms and conditions constitute the full and complete service agreement (the "Agreement") between you (the "Customer") and Loaded Drawers (the ‘”Business") of 2/1 The Crescent, Kingsgrove NSW 2208 Australia for the provision of goods and services by Loaded Drawers.
This engagement will begin upon acceptance of the terms and conditions by the Customer. Completion for the Service will be estimated and confirmed as the Service progresses. Please take some time to review this Agreement. Booking of a fit-out and install with the Business constitutes agreement to the terms and conditions listed.
1. Custom Drawer Manufacture and Install
a. Subject to the terms of this Agreement, the Business agrees to provide custom drawer manufacturing, fit- out and install services (the "Service") to the Customer at an address specified by Loaded Drawers (the "Premises").
b. The Service will be for such initial consult (approx. 1 hour via phone, email or in person), email/phone correspondence, custom drawer manufacturing, fit-out and install services as agreed with the Customer at the time of booking.
c. The Business endeavours to provide the Service faithfully, diligently and in a timely and professional manner.
2. Additions and Amendments
a. Any changes to the Service to be provided must be agreed by the Business prior to the Service Time.
b. If the Customer requires any additional services or variations at the time the Service is being performed, the Customer must first contact the Business by telephone or e-mail, who may agree to provide the additional services in its absolute discretion. The installer is not authorised to agree to any changes to the Service being provided. The Customer must not request such changes directly from the installer.
3. Customer Representations and Warranties
The Customer represents and warrants that:
a. The vehicle is clear of all items in order to provide a safe working environment at the Premises for the installer to perform the service;
b. The registration on the vehicle is current;
c. They will advise the Business prior to the commencement of the Service of any hazards, risks, or dangers;
e. They are authorised to use the vehicle and obtain the provision of service;
f. The vehicle is clean and hygienic;
g. They will secure or remove any fragile, delicate, breakable, or valuable items, including cash, jewellery, or items of sentimental value prior to the commencement of the Service.
h. An initial condition report will be undertaken including photographs, and the Customer agrees to disclose any damage to the vehicle prior to commencement of the Service.
4. Health and Safety Risks
In addition to the obligations and warranties set out in clause 3 above, the Customer acknowledges and agrees
that:
a. The Business is entitled to undertake a job safety analysis before the commencement of any work to assess the health and safety risk (this includes hygiene standards);
b. The Business may, either before or during the provision of the Service not provide or cease the provision of the Service where carrying out the Service presents, in the absolute discretion of the installer, a risk to health and safety.
c. Any recording devices such as dash cams or any other audio/video recording devices will be disconnected to protect the privacy of our staff.
5. Orders and Installation Bookings
a. The Customer may place an order either in person, by telephone or via email.
b. At the time of booking the Customer must provide details of any hazards, risks, or dangers.
c. The Business provides all price estimates upon confirmation of order.
d. The Business reserves the right not to accept a booking for any reason.
e. A deposit of 50% of the quoted price is required at time of commencing transaction and a further 30% prior to commencement of production and is subject to our cancellation policy outlined In clause 6. The balance is payable (20%) prior to commencement of installation.
f. The customer agrees that payment of deposit or submission of a Purchase Order confirms the transaction and order details. NO changes may be made after this point unless at the Business’s discretion. If a change is accepted by the Business, a $25.00 fee is applied per change.
6. Cancellation Fees and Other Charges
a. In the event that sufficient notice has been given, the Business will endeavour to reschedule the installation if required.
b. In the event that a Customer cancels an order, the Customer is obligated to cover the costs for administration, consultation and measure-up time incurred up until the time of the cancellation. This incurred charge is based on an hourly rate of $120.00 per/hr.
c. In the event that the Customer does not provide a minimum of 4 weeks prior to the expected due date on the invoice, the Customer agrees that their 50% deposit is not able to be refunded and is retained for administrative costs and loss.
d. If the Customer cancels after production has been completed, the Customer is obligated to make payment of the full amount as per the invoice.
7. Payment Terms
a. The Customer agrees to pay the balance invoiced by the Business (total less deposit of 50% and instalment of 30% prior to production) in full prior to the Service Time, unless otherwise agreed in advance with the Business.
b. If no payment has been made by the Service Time, the Business will use reasonable endeavours to contact the Customer for payment. In the event that the Business cannot contact the Customer or payment/arrangement is not made by the Service Time, the Customer will be deemed to have cancelled the Service, and the Customer must pay any cancellation fees or charges due set out in clause 6.
c. Payments may be made in cash, via PayPal, bank transfer or by credit card prior to service. Payment methods will be outlined on your invoice and explained to you at the time of booking.
d. Payments made via credit card will incur an additional fee of 1.9%.
8. GST
Unless specified otherwise, all prices and quotations are expressed to be GST inclusive.
9. Late Payment Fee
a. In the rare circumstance that the Business has agreed to invoice the Customer for payment of fees after the Service has been completed, the Customer agrees to pay in full, all fees due, within 7 days of the invoice date.
b. The Customer agrees that if the Business has not received payment in full for the Service within one calendar month of the original invoice date, then a late payment fee of $25 applies for the first month. Interest will be charged on the fixed rate of 10% per annum on each day that any amount remains outstanding thereafter.
c. The Business reserves the right to pass the debt on to a collection agency and refer the Customers personal details to credit reporting agencies if the Customer’s account remains overdue past this point. This will incur additional charge.
d. In addition to the amounts set out above, the Customer agrees to indemnify the Business for all legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by the Business in connection with a demand, action, or other proceeding (including mediation, out of court settlement or any action taken for recovery of debt from the Customer) arising out of a breach of these terms including the failure by the Customer to pay an amount by the due date.
10. Complaints
a. If the Customer is dissatisfied for any reason with the Service provided, it must inform the Business within 24 hours of completion of the Service. The Business strives to achieve 100% customer satisfaction and will endeavour to resolve the problem quickly and efficiently.
b. The customer agrees not to post negative comments or reviews on the internet or social media before discussing any issues and complaints directly with the Business first.
c. In the event of a customer complaint, the Customer undertakes to give the Business the opportunity to rectify all work. Subject to clause 11, the Business may, at its discretion, offer the Customer either of the following:
i. a partial or full refund;
ii. re-supply of the Service without charge;
iii. such other remedy as deemed appropriate by the Business.
11. Exclusions and Limitations
a. The only conditions and warranties which are binding on the Business in respect of the state, quality or condition of goods and services supplied by the Business to Customers are those imposed and required to be binding by statute (including the Trade Practices Act 1974).
b. To the extent permitted by statute, the liability, if any, of the Business is, at the Business’s option, limited to and completely discharged by the resupply of the Service. The Business is not responsible for:
i. not completing or providing the Service as a result of a breach of a warranty by the Customer in clause 3 (including a failure by the Customer to provide utility services, a safe working environment or unencumbered access to the Vehicle); or
ii. not completing or providing the Service as a result of the Technician not proceeding for health and safety reasons under clause 4;
iii. any loss or damage incurred by the Customer or any third party as a result of the effects of a force majeure, being any event beyond the reasonable control of the Business;
iv. not completing or providing the Service due to an act or omission of the Customer regarding the vehicle during provision of the Service;
v. any loss incurred as a result of any breakage or damage to goods, items of value or;
vi. the cost of any key replacement or locksmith fees, unless keys were lost by the Business or the Technician.
c. Except as provided in this clause, all conditions and warranties implied by law in respect of the state, quality or condition of the Service which may apart from this clause be binding on the Business are excluded.
d. Except to the extent provided in this clause, the Business has no liability (including liability in negligence) to any person for any loss or damage, consequential or otherwise, suffered or incurred by that person in relation to the products or services provided by the Business (including any loss caused by, or resulting directly or indirectly from, any failure, defect or deficiency or any kind of or in the products used or services provided by the Business).
12. Indemnity
The Customer indemnifies the Business against:
a. All losses or liabilities arising directly or indirectly as a result of the provision of the Service including all losses or liabilities caused as a result of a breach of the warranties of the Customer set out in clause 3; and
b. All legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by the Business in connection with a demand, action, arbitration or other proceeding (including mediation, compromise, out of court settlement or appeal and including any action taken for the recovery of a debt from the Customer).
13. Accidents, Breakage, Damage & Theft
a. The Customer must inform the Business of any incident where an accident, breakage, damage to property or theft has occurred due to any act of the Technician within 24 hours of completion of the Service.
b. To the extent permitted by law, the Customer is not entitled to claim any loss for any incident if the incident is not reported to the Business within 24 hours of completion of the Service.
c. To the extent permitted by law, damage or loss to the following items is specifically excluded from the liability of the Business under these terms and conditions: cash, jewellery, art, antiques, and items of sentimental value.
14. Termination
a. This Agreement may be terminated by the Customer by providing manufacture has not commenced on the custom product prior to the Service Time.
b. The Business may terminate this Agreement with immediate effect if the Customer is in breach of this Agreement, and in the opinion of the Business, that breach is incapable of remedy.
15. Changes to this Agreement
a. The Business reserves the right to update or modify these terms and conditions at any time without prior notice and may do so by publishing an updated agreement on the Loaded Drawers website. Each updated agreement will take effect 24 hours after it has been published on the website.
b. The Customer agrees that any use of the Service following any such change, constitutes their agreement to follow and be bound by the terms and conditions as changed.
16. Photography Release/Social Media Authorisation
a. The Business reserves the right to document the build, photograph the build and to post both progress and completion photos on social media.
b. The Customer must advise the Business if they do not wish to have photographs posted online and on social media.
17. Law & Jurisdiction
The Customer and the Business acknowledge and accept that this Agreement shall be construed and interpreted in accordance with the laws of New South Wales, and both agree to submit to the exclusive jurisdiction of the courts of New South Wales in the event of any dispute.
18. Confidentiality
The Business confirms that any information acquired by us in the course of the engagement is subject to strict confidentiality requirements, That information will not be disclosed by us to other parties, except as required by law or with express consent.
19. Severability
The Customer agrees that if any term or provision is held invalid, void, or unenforceable, then that provision will be considered severable, and the remaining terms and provisions shall continue to be binding.
20. Copyright
The content of this Agreement is protected by international copyright laws and may be used for personal reference only. Subject to applicable law, permission to copy, alter, reproduce, publish, transmit and/or otherwise distribute this content is forbidden without first obtaining the prior written permission of Loaded Drawers.
These terms and conditions constitute the full and complete service agreement (the "Agreement") between you (the "Customer") and Loaded Drawers (the ‘”Business") of 2/1 The Crescent, Kingsgrove NSW 2208 Australia for the provision of goods and services by Loaded Drawers.
This engagement will begin upon acceptance of the terms and conditions by the Customer. Completion for the Service will be estimated and confirmed as the Service progresses. Please take some time to review this Agreement. Booking of a fit-out and install with the Business constitutes agreement to the terms and conditions listed.
1. Custom Drawer Manufacture and Install
a. Subject to the terms of this Agreement, the Business agrees to provide custom drawer manufacturing, fit- out and install services (the "Service") to the Customer at an address specified by Loaded Drawers (the "Premises").
b. The Service will be for such initial consult (approx. 1 hour via phone, email or in person), email/phone correspondence, custom drawer manufacturing, fit-out and install services as agreed with the Customer at the time of booking.
c. The Business endeavours to provide the Service faithfully, diligently and in a timely and professional manner.
2. Additions and Amendments
a. Any changes to the Service to be provided must be agreed by the Business prior to the Service Time.
b. If the Customer requires any additional services or variations at the time the Service is being performed, the Customer must first contact the Business by telephone or e-mail, who may agree to provide the additional services in its absolute discretion. The installer is not authorised to agree to any changes to the Service being provided. The Customer must not request such changes directly from the installer.
3. Customer Representations and Warranties
The Customer represents and warrants that:
a. The vehicle is clear of all items in order to provide a safe working environment at the Premises for the installer to perform the service;
b. The registration on the vehicle is current;
c. They will advise the Business prior to the commencement of the Service of any hazards, risks, or dangers;
e. They are authorised to use the vehicle and obtain the provision of service;
f. The vehicle is clean and hygienic;
g. They will secure or remove any fragile, delicate, breakable, or valuable items, including cash, jewellery, or items of sentimental value prior to the commencement of the Service.
h. An initial condition report will be undertaken including photographs, and the Customer agrees to disclose any damage to the vehicle prior to commencement of the Service.
4. Health and Safety Risks
In addition to the obligations and warranties set out in clause 3 above, the Customer acknowledges and agrees
that:
a. The Business is entitled to undertake a job safety analysis before the commencement of any work to assess the health and safety risk (this includes hygiene standards);
b. The Business may, either before or during the provision of the Service not provide or cease the provision of the Service where carrying out the Service presents, in the absolute discretion of the installer, a risk to health and safety.
c. Any recording devices such as dash cams or any other audio/video recording devices will be disconnected to protect the privacy of our staff.
5. Orders and Installation Bookings
a. The Customer may place an order either in person, by telephone or via email.
b. At the time of booking the Customer must provide details of any hazards, risks, or dangers.
c. The Business provides all price estimates upon confirmation of order.
d. The Business reserves the right not to accept a booking for any reason.
e. A deposit of 50% of the quoted price is required at time of commencing transaction and a further 30% prior to commencement of production and is subject to our cancellation policy outlined In clause 6. The balance is payable (20%) prior to commencement of installation.
f. The customer agrees that payment of deposit or submission of a Purchase Order confirms the transaction and order details. NO changes may be made after this point unless at the Business’s discretion. If a change is accepted by the Business, a $25.00 fee is applied per change.
6. Cancellation Fees and Other Charges
a. In the event that sufficient notice has been given, the Business will endeavour to reschedule the installation if required.
b. In the event that a Customer cancels an order, the Customer is obligated to cover the costs for administration, consultation and measure-up time incurred up until the time of the cancellation. This incurred charge is based on an hourly rate of $120.00 per/hr.
c. In the event that the Customer does not provide a minimum of 4 weeks prior to the expected due date on the invoice, the Customer agrees that their 50% deposit is not able to be refunded and is retained for administrative costs and loss.
d. If the Customer cancels after production has been completed, the Customer is obligated to make payment of the full amount as per the invoice.
7. Payment Terms
a. The Customer agrees to pay the balance invoiced by the Business (total less deposit of 50% and instalment of 30% prior to production) in full prior to the Service Time, unless otherwise agreed in advance with the Business.
b. If no payment has been made by the Service Time, the Business will use reasonable endeavours to contact the Customer for payment. In the event that the Business cannot contact the Customer or payment/arrangement is not made by the Service Time, the Customer will be deemed to have cancelled the Service, and the Customer must pay any cancellation fees or charges due set out in clause 6.
c. Payments may be made in cash, via PayPal, bank transfer or by credit card prior to service. Payment methods will be outlined on your invoice and explained to you at the time of booking.
d. Payments made via credit card will incur an additional fee of 1.9%.
8. GST
Unless specified otherwise, all prices and quotations are expressed to be GST inclusive.
9. Late Payment Fee
a. In the rare circumstance that the Business has agreed to invoice the Customer for payment of fees after the Service has been completed, the Customer agrees to pay in full, all fees due, within 7 days of the invoice date.
b. The Customer agrees that if the Business has not received payment in full for the Service within one calendar month of the original invoice date, then a late payment fee of $25 applies for the first month. Interest will be charged on the fixed rate of 10% per annum on each day that any amount remains outstanding thereafter.
c. The Business reserves the right to pass the debt on to a collection agency and refer the Customers personal details to credit reporting agencies if the Customer’s account remains overdue past this point. This will incur additional charge.
d. In addition to the amounts set out above, the Customer agrees to indemnify the Business for all legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by the Business in connection with a demand, action, or other proceeding (including mediation, out of court settlement or any action taken for recovery of debt from the Customer) arising out of a breach of these terms including the failure by the Customer to pay an amount by the due date.
10. Complaints
a. If the Customer is dissatisfied for any reason with the Service provided, it must inform the Business within 24 hours of completion of the Service. The Business strives to achieve 100% customer satisfaction and will endeavour to resolve the problem quickly and efficiently.
b. The customer agrees not to post negative comments or reviews on the internet or social media before discussing any issues and complaints directly with the Business first.
c. In the event of a customer complaint, the Customer undertakes to give the Business the opportunity to rectify all work. Subject to clause 11, the Business may, at its discretion, offer the Customer either of the following:
i. a partial or full refund;
ii. re-supply of the Service without charge;
iii. such other remedy as deemed appropriate by the Business.
11. Exclusions and Limitations
a. The only conditions and warranties which are binding on the Business in respect of the state, quality or condition of goods and services supplied by the Business to Customers are those imposed and required to be binding by statute (including the Trade Practices Act 1974).
b. To the extent permitted by statute, the liability, if any, of the Business is, at the Business’s option, limited to and completely discharged by the resupply of the Service. The Business is not responsible for:
i. not completing or providing the Service as a result of a breach of a warranty by the Customer in clause 3 (including a failure by the Customer to provide utility services, a safe working environment or unencumbered access to the Vehicle); or
ii. not completing or providing the Service as a result of the Technician not proceeding for health and safety reasons under clause 4;
iii. any loss or damage incurred by the Customer or any third party as a result of the effects of a force majeure, being any event beyond the reasonable control of the Business;
iv. not completing or providing the Service due to an act or omission of the Customer regarding the vehicle during provision of the Service;
v. any loss incurred as a result of any breakage or damage to goods, items of value or;
vi. the cost of any key replacement or locksmith fees, unless keys were lost by the Business or the Technician.
c. Except as provided in this clause, all conditions and warranties implied by law in respect of the state, quality or condition of the Service which may apart from this clause be binding on the Business are excluded.
d. Except to the extent provided in this clause, the Business has no liability (including liability in negligence) to any person for any loss or damage, consequential or otherwise, suffered or incurred by that person in relation to the products or services provided by the Business (including any loss caused by, or resulting directly or indirectly from, any failure, defect or deficiency or any kind of or in the products used or services provided by the Business).
12. Indemnity
The Customer indemnifies the Business against:
a. All losses or liabilities arising directly or indirectly as a result of the provision of the Service including all losses or liabilities caused as a result of a breach of the warranties of the Customer set out in clause 3; and
b. All legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by the Business in connection with a demand, action, arbitration or other proceeding (including mediation, compromise, out of court settlement or appeal and including any action taken for the recovery of a debt from the Customer).
13. Accidents, Breakage, Damage & Theft
a. The Customer must inform the Business of any incident where an accident, breakage, damage to property or theft has occurred due to any act of the Technician within 24 hours of completion of the Service.
b. To the extent permitted by law, the Customer is not entitled to claim any loss for any incident if the incident is not reported to the Business within 24 hours of completion of the Service.
c. To the extent permitted by law, damage or loss to the following items is specifically excluded from the liability of the Business under these terms and conditions: cash, jewellery, art, antiques, and items of sentimental value.
14. Termination
a. This Agreement may be terminated by the Customer by providing manufacture has not commenced on the custom product prior to the Service Time.
b. The Business may terminate this Agreement with immediate effect if the Customer is in breach of this Agreement, and in the opinion of the Business, that breach is incapable of remedy.
15. Changes to this Agreement
a. The Business reserves the right to update or modify these terms and conditions at any time without prior notice and may do so by publishing an updated agreement on the Loaded Drawers website. Each updated agreement will take effect 24 hours after it has been published on the website.
b. The Customer agrees that any use of the Service following any such change, constitutes their agreement to follow and be bound by the terms and conditions as changed.
16. Photography Release/Social Media Authorisation
a. The Business reserves the right to document the build, photograph the build and to post both progress and completion photos on social media.
b. The Customer must advise the Business if they do not wish to have photographs posted online and on social media.
17. Law & Jurisdiction
The Customer and the Business acknowledge and accept that this Agreement shall be construed and interpreted in accordance with the laws of New South Wales, and both agree to submit to the exclusive jurisdiction of the courts of New South Wales in the event of any dispute.
18. Confidentiality
The Business confirms that any information acquired by us in the course of the engagement is subject to strict confidentiality requirements, That information will not be disclosed by us to other parties, except as required by law or with express consent.
19. Severability
The Customer agrees that if any term or provision is held invalid, void, or unenforceable, then that provision will be considered severable, and the remaining terms and provisions shall continue to be binding.
20. Copyright
The content of this Agreement is protected by international copyright laws and may be used for personal reference only. Subject to applicable law, permission to copy, alter, reproduce, publish, transmit and/or otherwise distribute this content is forbidden without first obtaining the prior written permission of Loaded Drawers.