Kitchen Installations - Terms & Condition

Terms of Contract

1. DEFINITIONS

  1. Accessories means the items or any of them described under that heading on the first page.
  2. Australian Consumer Law means the Australian Consumer Law set out in Schedule 2 of the Competition Consumer Act 2010 (Cth).
  3. Measure Service is the drawings of the measurements of the Site Location to ensure that the Product will fit correctly at the Site Location, undertaken by an employee of the Company or Authorised Service Company or their personnel.
  4. Estimation Tool - IKEA Kitchen Installation Service Estimate - Estimation Tool is not a quote but guidance from IKEA for an estimate of the products purchased from IKEA.
  5. Pre-Visit Inspection is the check of the measurements of the requirements of the Site Location to ensure that the Product will fit correctly at the Site Location, undertaken by an employee of the Company or Authorised Service Company.
  6. Supplier means the company supplying the Product, Appliances and Accessories.
  7. Consumer Guarantee means each guarantee as set out in under Part 3-2, Division 1, Subdivision B of the Australian Consumer Law, as it applies to supplies by the Company of the Product, Appliances or Accessories, made under this contract.
  8. Customer is the party who engages TooEzi to perform the Kitchen Installation.
  9. Deposit means a sum equal to 5% to 10% of the Price depending on the total value of products and installation.
  10. Delivery Date means the date agreed between the Supplier and the Customer pursuant to clause 6(a) as varied, if applicable, in accordance with clause 6(b) or clause 6(c).
  11. Final Payment means a sum equal to the total price.
  12. Government Agency means any government or governmental, administrative, monetary, fiscal or judicial body, department, commission, authority, tribunal, agency or entity in any part of the world.
  13. Price means the value of the contract supplied and agreed with the customer and TooEzi Pty Ltd.
  14. Product means the items (or, where the context requires, any part thereof) described under the heading kitchen product specification.
  15. Progress Payment means a sum equal to price within the contract supplied to the customer.
  16. QBCC - Queensland Building & Construction Commission, Queensland Building regulatory body.
  17. Site Location means the site at which the Product, Appliances and Accessories are to be located.

2. ENTIRE AGREEMENT AND PRECEDENCE

  1. The terms of the contract between the Customer and the Company (TooEzi Pty Ltd. ABN 52 643 455 921) are comprised in this online document and the plans and the specifications provided to the Customer which together constitute the entire understanding between the parties, and supersede all prior agreements, understandings and communications, whether written or oral, in relation to their subject matter.
  2. If there is any inconsistency:
a. between the terms of this document, on the one hand, and the plans or the specifications, on the other hand, the terms of this document will prevail to the extent of the inconsistency; or
b. between the plans and the specifications provided to the Customer, the plans will prevail to the extent of the inconsistency.
    3. No Authorised Service Companies or designers engaged by the Company are authorised to make any changes whatsoever to the terms of this contract. Any changes to the terms of the contract must be agreed in writing between the Company and the Customer (and in the case of the Company, approved by a director of the Company).

      3. SITE MEASURE SERVICE - ESTIMATIONS - PRE VISIT INSPECTION AND CONTRACT VARIATION

      1. The Company will use reasonable endeavours to ensure the Price is correct at the date of this contract. However, because the Product is a pre purchased flat pack product, the Customer acknowledges and agrees that the Price may be subject to variations which are necessary as a result of the Pre Visit Inspection which the Company will arrange before installation commences. Any Estimation provided by IKEA from the IKEA Kitchen Installation Service Estimate - Estimation tool is a guide only and is not the final price will be provided by the contract and variations to the contract. 
      2. The Customer agrees to permit the Company to undertake the Pre Visit Inspection at a time (between the hours of 7 am and 8 pm, 7 days a week) acceptable to both parties.
      3. If, after the Pre-Visit Inspection, the Company determines that the originally estimated Product specifications need to be changed:
      • The Company will notify the Supplier to adjust the Product as necessary and inform the Customer of any proposed changes to the Estimation Tool; and
      • Both parties must agree to any changes before the Product production begins
      4. If the Company, despite reasonable efforts, is unable to complete the Pre-Visit Inspection within 3 months, any subsequent visit will incur a charge.

      4. MINOR MODIFICATIONS AND VARIATIONS TO PRODUCT, APPLIANCES OR ACCESSORIES

      1. The Company may make minor modifications to the specifications for the Product without notifying the Customer where such modifications are required as a result of the Pre Visit Inspection, provided that such modifications do not materially affect the appearance, design and quality of the Product from the Supplier.
      2. The Customer acknowledges the product is supplied from a third party and that variances in the colour, texture and grain is part of the natural beauty and must be resolved directly with the Suppliers. TooEzi is not responsible for any of the supply and manufacturing of the products, TooEzi engages trades to complete installation and trade services only. 
      3. The Customer acknowledges that it may from time to time liaise with the Suppliers to progress the kitchen installation regarding the products from the Suppliers and their Authorised Service Companies.
      4. The Customer confirms that the Customer understands the plan provided that all details for the Product, Appliances and Accessories are both confirmed and shown correctly in the particulars of the document.
      5. For full details, refer to the TooEzi Queensland Kitchen Installation Contract.

       5. PAYMENTS

      1. All deposits and progress payments are in line with the QBCC Contracts and Payments requirements and can be found here. 
      2. All payments, except the deposit, will correspond directly to the progress of the work and will not exceed the value of the work completed.
      3. If the contract price exceeds $3,300, the deposit limits are as follows:
      • 20% if off-site work is more than 50% of the contract price.
      • 10% for contracts under $20,000.
      • 5% for contracts over $20,000
            4. The contract price does not include payments to third parties for services such as:
      • Conveying services to the site.
      • Connecting or installing utilities on site.
      • Obtaining development approvals or other authorisations related to the work.
      • (Examples include gas, electricity, telephone, water, and sewerage services.)
      • However, if the contractor is responsible for these services, their costs may be included in the contract price.
      5. You are required to pay the contract amount progressively at each stage as outlined in the TooEzi Queensland Kitchen Installation Contract
      6. TooEzi will provide you with a written invoice for a progress payment upon completion of each stage. 
      7. Payments for progress claims and the final claim for a completed stage must be made within 7 days of receiving our claim. 
      8. Any additional amounts owed under this contract must be paid on demand after we have completed the work or incurred the expense.

       6. DELIVERY & INSTALLATION DATE

      1. After the Pre-Visit Inspection and any necessary changes to the contract, the Customer and TooEzi Pty Ltd will agree on an Installation Date. This date will be set between 0 to 6 weeks from the agreement, not counting any delays caused by the Customer or Supplier. Please note that TooEzi Pty Ltd is not responsible for delays in the Supplier's product delivery.
      2. TooEzi Pty Ltd will make every effort to meet the agreed Installation Date. If we need to change the date, we will notify the Customer as soon as possible and propose a new Installation Date. The Customer should not unreasonably refuse this new date.
      3. The Customer should make sure the delivery can take place on the Installation Date. If the Customer needs to change the date, they must notify TooEzi Pty Ltd as soon as possible. If both parties agree on a new date, it will become the Installation Date. If an agreement can't be reached, TooEzi Pty Ltd will select the new Installation Date, which the Customer should not unreasonably refuse.
      4. If TooEzi Pty Ltd cannot install within six (6) months of the Supplier's delivery date, we may terminate the contract.

       7. INSTALLATION RESPONSIBILITY

        1. The Customer is responsible for conducting their own due diligence regarding the skills, experience, and licensing of any tradesperson or installer they engage outside of TooEzi Authorised Service Companies. TooEzi Pty Ltd expressly disclaims any liability for issues arising from the Customer's reliance on individuals or services not assigned by TooEzi.
        2. Any installation of Products, Appliances, or Accessories not specified in the TooEzi Queensland Kitchen Installation Contract is the sole responsibility of the Customer. TooEzi Pty Ltd will not be liable for any damage or loss incurred by the Customer related to the installation of any Products, Appliances, or Accessories that are outside the scope of the contract.

         8. TITLE AND RISK

        1. Any materials and goods you supply or work carried out by you, your contractors, or your agents are at your risk.
        2. On delivery to the Customer, the risk in the Product, Appliances or Accessories is transferred to the Customer. The Company is not liable for any loss of or damage to the Product, Appliances or Accessories to the extent that it occurs after delivery (including, without limitation, as a result of any acts or omissions of the Customer, or any third party, engaged by the Customer outside of the agreement).
        3. The Customer will keep the Product, Appliances and Accessories in good repair, condition and properly insured.

         9. MANUFACTURER’S WARRANTIES

        The Appliances and Accessories are supplied subject to the Suppliers warranties offered by the manufacturers or where appropriate, subject to the terms of any extended warranty schemes. This document does not alter any manufacturer’s warranties, which are supplied separately by the manufacturer.

        10. CONSUMER GUARANTEES AND LIMITATION OF LIABILITY

        1. To the extent required by the Queensland Building and Construction Commission Act 1991, we warrant that: 
        a. All materials supplied by us will be good and, having regard to the relevant criteria, suitable for the purpose for which they are used, and that, unless otherwise stated in this contract, those materials will be new; 
        b. The works will be carried out in accordance with all relevant laws and legal requirements, including, for example, the Building Act 1975; 
        c. The works will be carried out in an appropriate and skillful way and with reasonable skill and care; 
        d. The works will be carried out in accordance with the plans and the specifications to this contract; 
        e. If the works consist of the construction of a detached dwelling or are intended to renovate, alter, extend, improve, or repair a home to a stage suitable for occupation, that the detached dwelling or home will be suitable for occupation when the works are finished; 
        f. Each prime cost and provisional sum item allowance has been calculated with reasonable skill and care, having regard to all the information reasonably available when this contract is entered into (including information about the nature and location of the site); and 
        g.The works will be carried out with reasonable diligence.

        11. TERMINATION

          1. If either party is in serious breach of this contract, the party not in breach may give the other party a written request to remedy that breach. If the breach is not remedied within 14 days, the party not in breach may end this contract by giving further written notice to that effect.
          2. This contract can only be terminated in accordance with applicable laws.
          3. For full details, refer to the TooEzi Queensland Kitchen Installation Contract.

             12. INTEREST

              1. If payment is not made by the due date, we may charge interest on the outstanding amount at the rate specified in the executed TooEzi Queensland Kitchen Installation Contract. Interest will accrue from the due date until the payment is made in full, at the rate applicable to Supreme Court judgments.
              2. Failure to make timely payment constitutes a serious breach of the Customer’s obligations.
              3. The Customer is also responsible for reimbursing the Company for any debt collection costs (including commissions) incurred in recovering or attempting to recover overdue payments.

               13. INTELLECTUAL PROPERTY RIGHTS

                1. As between the parties, the Company owns all copyright and other intellectual property rights in the Product, any plans and the specifications designed by TooEzi PTY LTD.
                2. If the Customer provides any sketch, plan or document, which the Company uses or relies upon and which infringes any third party’s copyright, the Customer will indemnify the Company against all liability or loss whatsoever suffered or incurred by the Company.

                14. DISPUTE RESOLUTION

                  1. If a dispute arises, either party can notify the other in writing.
                  2. The parties must attempt to resolve the dispute through direct negotiation within 14 days.
                  3. If the dispute cannot be resolved through negotiation, either party may refer the matter to mediation or arbitration.

                     15. GOVERNING LAW AND JURISDICTION

                      1. These Terms and Conditions shall be governed by and construed in accordance with the laws of Queensland, Australia. Any disputes arising out of or in connection with the use of this website, or the services provided by TooEzi, shall be subject to the exclusive jurisdiction of the courts of Queensland, Australia.

                         16. PRIVACY AND DATA PROTECTION

                          1. Refer to the TooEzi Privacy Policy hosted on the TooEzi website.

                           17. GST

                            The Customer acknowledges and agrees that, except where this contract expressly provides otherwise:

                            1. all amounts referred to in this contract are exclusive of all GST and all other Federal or State government sales related taxes or charges levied upon each supply made under this contract (Taxes); and
                            2. the Company can charge the Customer, and the Customer must pay to the Company, the amount of such Taxes at the same time as the supply (and in the case of GST, subject to the Company providing to the Customer a valid tax invoice).

                             18. FORCE MAJEURE

                              1. TooEzi shall not be liable for any failure to perform or delay in the performance of its obligations under these Terms and Conditions if such failure or delay is caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, civil unrest, government actions, labour strikes, or interruptions in telecommunications, power supply, or other utilities (each a "Force Majeure Event").

                               19. FORCE MAJEURE

                                The TooEzi Queensland Kitchen Installation Contract supersedes all prior agreements, understandings, and representations related to the subject matter, including any terms and conditions presented on this website. In the event of any conflict between this website and the Contract, the terms of the Contract shall prevail.

                                 20. ENTIRE AGREEMENT

                                These terms and conditions may be amended at TooEzi's discretion.