Terms of Trade
These terms are issued by Trimar Trading Pty Ltd t/a Kustom Timber (ABN 89 162 254 926) (“Kustom Timber”, “we”) of 71-73 Balmain Street, Cremorne VIC 3121, and form part of every quotation we issue. Accepting a quotation (in writing, by signature, or by paying a deposit) means you accept these terms.
1. QUOTATIONS
1.1 Quotations are valid for 30 days from their date. Quantities and works are estimates until confirmed by a Kustom Timber project manager’s final on-site measure; variations arising from the final measure or changed site conditions are issued as amendments to scope and priced accordingly.
1.2 Anything not expressly included in the quotation is excluded. The quotation’s exclusions list applies.
2. PRICES
2.1 The price is fixed once your deposit is paid.
2.2 Before a deposit is paid, prices are based on exchange rates and supplier costs current at the quotation date; where these move materially before deposit, we may reissue the quotation.
3. PAYMENT
3.1 Supply only: 40% deposit to process your order; 60% balance before delivery (received at least 2 business days before dispatch).
3.2 Supply and installation: 30% deposit on order; 50% progress payment due 4 weeks before installation to confirm your date (issued 6 weeks prior); 20% balance on completion of installation. Non-receipt of the progress payment may result in unconfirmed installation dates.
3.3 Repairs, cleaning and maintenance services: full payment on booking.
3.4 Variations: payable on approval.
3.5 The final balance is due on completion of installation or sand & polish, including where a return visit is required due to site delays caused by the client or other trades; outstanding items (caulking, Deep Clean & Nourishment) are scheduled once the final balance is received.
4. CANCELLATIONS AND RETURNS
4.1 STOCKED PRODUCTS: if you cancel an order for products we hold in stock, a cancellation fee applies of the lesser of 50% of your deposit or $5,000. This fee is a genuine pre-estimate of our costs of processing, allocation, holding and restocking, and is not a penalty.
4.2 CUSTOM AND INDENT ORDERS (made to order, or ordered from overseas for your project): once placed, these cannot be altered (including colour changes), and on cancellation your deposit is retained to the extent of the costs and losses we have reasonably incurred — including manufacturing commenced, shipping committed and stock allocated. Where our incurred costs are less than your deposit, the difference is refunded.
4.3 RETURNS of stocked product are accepted within a reasonable period in original unopened boxes, less a 50% restocking fee plus return delivery; we may decline returns of discontinued lines. Opened boxes cannot be returned. Excess installation material from completed works remains our property.
4.4 Nothing in this section applies to products or services that fail to meet a consumer guarantee — see section 12.
5. DELIVERY AND COLLECTION
5.1 Supply only: delivery is curbside. Drivers cannot unload into the property; provide at least two people for hand unload, arrange a forklift, or request a tailgate truck (additional charge). An unsuccessful delivery (no unload assistance) incurs a $300 re-delivery fee.
5.2 Products not taken on the scheduled delivery day incur a $150/week holding fee, doubling per week of holding. For stock held locally, storage fees apply where stock is not deliverable by the original commencement date.
5.3 Supply and install: materials are delivered on the project start day and our team unloads to a safe location on site.
5.4 Warehouse collection requires full payment, driver and vehicle details in advance, an appropriate vehicle, and a signed pick slip.
5.5 The balance for your product is due when it is completed and prepared for shipping from overseas, or, for locally held stock, by the date first provided to your sales representative.
6. RETENTION OF TITLE
6.1 Title in products remains with Kustom Timber until all amounts owing on your order are paid in full. Risk passes on delivery.
6.2 Until title passes, you hold the products as bailee, must store them so they are identifiable as ours, and must not sell or encumber them except as agreed.
6.3 You acknowledge these terms create a security interest in the products and their proceeds for the purposes of the Personal Property Securities Act 2009 (Cth), and that we may register it. You waive notices under the PPSA to the extent permitted.
7. SITE AND INSTALLATION
7.1 Areas must be clear, clean and ready before works commence; the property must be vacated for the duration of installation works; skirtings are left off until flooring is installed.
7.2 Floor protection is required on all projects. Where the client removes floor protection from our scope, or a third party installs it, Kustom Timber is not liable for resulting damage.
7.3 Installations rescheduled less than one week out incur a $500 fee.
7.4 Installations with skirtings on will require client-arranged painting touch-ups; we take the utmost care but cannot guarantee no marks so close to skirtings.
7.5 A Kustom Timber project manager conducts a pre-installation site visit and final measure; extras are issued as variations. All measurements and works are confirmed on site by the project manager.
7.6 We are not responsible for delays or liquidated damages where the client adds areas or requires variations outside the original scope.
8. WARRANTIES
Your floor comes with the Kustom Timber 25-year structural product warranty and 10-year installation workmanship warranty, and its finish is covered by the Kustom Timber Finish & Coating Warranty. Cork floors additionally carry the Kustom Timber Cork Warranty. Current warranty documents are available from Kustom Timber and at kustomtimber.com.au.
9. COATING MAINTENANCE CONDITION
All Kustom Timber coatings require documented yearly professional maintenance — by Kustom Timber technicians or a recognised flooring professional using our recommended coatings and practices — as a condition of the Finish & Coating Warranty. This applies to pre-finished timber and cork, traditional cork and solid timber floors. Keep your annual service records.
10. TIMBER AND CORK ARE NATURAL PRODUCTS
Variation in colour, grain and feature between boards, batches, samples and displays is natural and expected; colour changes with light and age. These characteristics are not defects.
11. LIABILITY
To the extent permitted by law, our liability for any claim arising out of the supply of products or services is limited, at our option, to the resupply of the products or services or payment of the cost of resupply, and we are not liable for indirect or consequential loss. Nothing in these terms excludes, restricts or modifies any right or remedy that cannot lawfully be excluded, restricted or modified.
12. AUSTRALIAN CONSUMER LAW
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled: to cancel your service contract with us; and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service. Nothing in these terms limits those rights.
13. GENERAL
13.1 These terms, the quotation and any accepted variations are the entire agreement; if they conflict, the quotation prevails for scope and price, these terms for everything else.
13.2 Victorian law governs; the parties submit to the courts of Victoria.
13.3 If any clause is unenforceable it is severed; the rest survives.