Kitchen Installations - Terms & Condition

Terms of Contract

1. Definitions

  • Accessories: Items or components described under that heading on the contract front page.
  • Australian Consumer Law: As set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
  • Measure Service: Drawings based on site measurements to ensure the Product will fit correctly at the Site Location, undertaken by TooEzi or an Authorised Service Company.
  • Estimation Tool: A pricing guide based on selected products; it is not a formal quote.
  • Pre-Visit Inspection: An on-site check of measurements and requirements to confirm product suitability before installation.
  • Supplier: The company supplying the Product, Appliances, and Accessories.
  • Consumer Guarantee: Each guarantee under Part 3-2, Division 1, Subdivision B of the Australian Consumer Law.
  • Customer: The party engaging TooEzi for the kitchen installation.
  • Deposit: An amount equal to 5% to 10% of the Price depending on the value of the products and installation.
  • Delivery Date: The agreed date for product delivery under clause 6, subject to any applicable variations.
  • Final Payment: The total contract amount payable.
  • Government Agency: Any administrative, regulatory, or judicial body or authority.
  • Price: The total contract value agreed between the Customer and TooEzi Pty Ltd.
  • Product: Items listed under the kitchen product specification.
  • Progress Payment: Installment payments aligned with contract milestones.
  • QBCC: Queensland Building & Construction Commission.
  • Site Location: The place where the Product, Appliances, and Accessories are to be installed.

2. Entire Agreement and Precedence

The terms of this contract and the plans/specifications provided to the Customer form the complete agreement and override all previous communications.

If there is a conflict:
a) This document overrides the specifications or plans.
b) Where the plans and specifications conflict, the plans will take precedence.

No representative is authorised to change the terms unless agreed in writing and approved by a TooEzi director.

3. Site Measure, Estimations & Contract Variations

The Price may change based on findings during the Pre-Visit Inspection. The Customer agrees to allow access for inspections (7am–8pm, 7 days a week).

Estimation Tools are guides only, and the final price will be determined through the contract and any approved variations.

If updates are needed:

  • TooEzi will notify the Supplier and Customer.

  • Both parties must agree to changes before production proceeds.

If the inspection cannot be completed within 3 months, a revisit fee applies.

4. Minor Modifications and Product Variations

TooEzi may make minor changes after inspection if they don’t materially affect the Product’s appearance, quality, or design.

Customers must contact Suppliers directly for natural product variances (e.g. colour or texture). TooEzi handles installation only and is not responsible for product supply.

The Customer acknowledges responsibility for confirming all details on the final plan.

5. Payments

  • All payments must align with QBCC rules.

  • Deposits and progress payments reflect completed work.

  • Invoices must be paid within 7 days.

Deposit limits if contract exceeds $3,300:

  • 20% if off-site work is >50% of the contract value

  • 10% for contracts under $20,000

  • 5% for contracts over $20,000

The contract price excludes third-party costs such as:

  • Delivery services

  • Utility connections

  • Approvals or certifications (e.g. gas, electrical, sewerage)

Such costs may be added only if agreed.

6. Delivery & Installation Date

Following the inspection, an installation date (within 0–6 weeks) will be agreed. TooEzi is not responsible for delivery delays caused by the Supplier.

TooEzi will notify the Customer of any necessary changes and suggest a new date, which the Customer must not unreasonably refuse.

If installation cannot occur within 6 months of product delivery, the contract may be terminated.

7. Installation Responsibility

The Customer is responsible for verifying third-party installers not engaged by TooEzi.

TooEzi is not liable for any installation of products outside the scope of this contract.

8. Title and Risk

Risk in the Product passes to the Customer upon delivery.

TooEzi is not liable for damage or loss caused after delivery.

The Customer must maintain and insure the Product, Appliances, and Accessories.

9. Manufacturer Warranties

All Products and Appliances are covered by their respective manufacturer warranties. TooEzi does not alter or extend these warranties.

10. Consumer Guarantees and Limitation of Liability

TooEzi warrants that:

  • Materials used are suitable and, unless noted, new.

  • Work will comply with relevant laws (e.g. Building Act 1975).

  • Services will be delivered with skill and care.

  • Work will match agreed plans and specifications.

  • Completed homes will be fit for occupancy.

  • Allowances are calculated reasonably based on site information.

  • Work will proceed diligently.

11. Termination

A party in breach may be given 14 days to remedy. If not resolved, the other party may terminate by written notice.

All terminations must follow applicable laws.

12. Interest on Overdue Payments

Interest may apply at the rate set out in the executed contract (aligned with Supreme Court judgments).

Recovery costs (e.g. collections agency fees) will be added to the Customer’s account.

13. Intellectual Property

All plans and specifications created by TooEzi remain its intellectual property.

The Customer must not provide materials that infringe third-party IP rights.

14. Dispute Resolution

Disputes must first be addressed through written notice and negotiation within 14 days.

If unresolved, either party may seek mediation or arbitration.

15. Governing Law and Jurisdiction

This agreement is governed by the laws of Queensland, Australia.

All disputes are subject to Queensland courts.

16. Privacy and Data Protection

Refer to the TooEzi Privacy Policy available on our website for full details.

17. GST

Unless stated, all prices exclude GST. The Customer agrees to pay GST upon invoice as required.

18. Force Majeure

TooEzi is not liable for delays caused by events beyond its control (e.g. natural disasters, strikes, pandemics, or government orders).

19. Superseding Agreement

This contract overrides any prior agreements, terms, or communications, including website content.

20. Amendments

TooEzi may amend these Terms and Conditions at its discretion.