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General

  • The following represent the terms and conditions of sale of goods and services as may be required and/or on the online contract:
  • The term Modern Design Wardrobes means “Modern Design Wardrobes Pty Ltd”.
  • The term customer means “the buyer and/or his representatives of our goods and services”.

Agreement

  • The sales and installation of goods and services as stated on the online contract constitutes a binding contract between the customer and Modern Design Wardrobes and this agreement supersedes all previous agreements, if any, between the parties.
  • This agreement constitutes a contract for the purposes of residential building work under the Home Building Act 1989 (NSW).
  • The sales terms and conditions constitute a construction contract under the Building and Construction Industry security of payments Act 1999 (NSW)
  • Charges may apply for any changes. Changes need to be notified in writing and cannot be made within 48 Hours of installation.
  • We do not accept major changes such as changing wardrobe size, type of doors, and for colour, if production of this order has commenced.

Acceptance

  • The performance of the customer whether by verbal agreement or his signature on the online contract is deemed to be an acceptance of these terms and conditions and any variation there to, must be communicated in writing and treated as an addition to this contract.
  • Acceptance of our quotation is a automatic acceptance of these terms and conditions.

Price

  • Consideration of Modern Design Wardrobes performance under this contract, the customer will pay the amounts specified on the contract in full prior to installation. (20% Deposit prior to manufacturing and 80% A day before installation).
  • Any amount remaining unpaid shall be deemed due in payable and any default in excess of 14 days shall accrue interest at the rate of 12.5% which may be levied from the date of the default at the liberty of Modern Design Wardrobes.
  • Price are excluding GST unless otherwise stated

Delivery of Goods and Services

  • Modern Design Wardrobes agrees to perform it’s obligations under this contract with due diligence, taking into account always, high integrity and customer satisfaction in discharging it’s obligations under this contract. We are not responsible for property damage caused unintentionally. The customer is responsible for covering all furnishing and flooring for extra protection.
  • Modern Design Wardrobes shall endeavour to deliver on it’s obligations in a timely and professional manner and will always do it’s utmost to achieve customer satisfaction.
  • The customer undertakes to provide Modern Design Wardrobes, it’s contractors or agents, with reasonable access to the work site at all times, communicate any issues of concern and where necessary, report any issues of misconduct by the said contractors or agents.
  • Modern Design Wardrobes cannot be held liable for any damages caused due to removal or breakage of anything existing. Cabinetry and showers.
  • All removal of cabinets shelves .etc. unpainted area will be visible. Patch work and painting to all existing surface is the responsibility of client.
  • Removal of rubbish by client unless stated otherwise.
  • All shelving are white melamine chipboard, 450mm deep unless otherwise stated end panel and bulk has are white unless specified.
  • Floor backing and sides not included unless stated.
  • Solid and veneer timbers are natural products therefore colour and grain variation is expected.

Warranty

  • Modern Design Wardrobes warranties its Wardrobes for a period of 3 years and shower screens for a period of 3 Years, in respect of all matters arising from workmanship. Further, it agrees to provide a free maintenance service for the same period where it is deemed necessary.
  • Modern Design Wardrobes is determined to ensure customer satisfaction.
  • Modern Design Wardrobes does not provide warranty for Goods which have been inappropriately used, mistreated or not properly maintained.
  • In the case of painted surfaces, Modern Design Wardrobes does not warranty such services from any markings or wear and tear due to use or poor treatment by the customer.
  • In the case of the use of natural timbers where specifically requested by a customer, the customer agrees that Modern Design Wardrobes will not be held liable for any colour variation or grain variation appearing in the timber, as it is a natural product well beyond the reasonable care of Modern Design Wardrobes.
  • In the event of a supply only order, the customer agrees and acknowledges that the liability of Modern Design Wardrobes in respect of suitability of product and any future warranty in relation thereto ceases immediately the goods are picked up or delivered to the customer.

Risk, Title and Property

  • Title to property of the Goods and service stated on the online contract shall remain the property of Modern Design Wardrobes until payment has been made in full.
  • Modern Design Wardrobes retains the right to remove the said Good’s and Services at any time in the event of non-payment by the customer without reasonable cause. Further, Modern Design Wardrobes retains the right to use reasonable force to gain access to property in order to retrieve its goods and/or services for which a customer has failed to, or refused to pay for in full.

Disputes

  • Where a dispute arises in relation to quality of workmanship, conduct, or any other matters arising from any matter related to this contract, the customer is at liberty to call upon or engage in resolving the dispute with our internal assigned dispute resolution officer in the first instance.
  • The appointed dispute resolution officer shall ensure that the aggrieved customer is promptly contacted and the issues pertaining to the complaint heard on a without prejudice basis to either party. If there is any possibility of reasonably resolving the dispute, it should be done so at that instance, even if it is to the detriment of Modern Design Wardrobes.
  • In the event that the dispute proves difficult to resolve, both parties shall be at liberty to apply for arbitration or have the matter referred to the relevant tribunal for adjudication.
  • Any decision made by an external referee shall be binding on both parties.

Indemnity

  • The customer indemnifies Modern Design Wardrobes against any representations or misleading statements made in respect of the Goods and services provided by Modern Design Wardrobes, to any person. This indemnity shall continue to exist even in the event of termination of contract between the parties for any reason whatsoever.

Termination

  • If the customer defaults in its obligations to Modern Design Wardrobes for any reason whatsoever, including but not limited to, withholding payment, withholding access to the worksite, causing undue delay making complaints that are deemed unreasonable or improper, or seeking to terminate the contract prior to it’s conclusion, Modern Design Wardrobes shall have reasonable cause to terminate it’s obligation and the customer will be liable for the full price of the contract as if the contract had been completed in full.
  • Any unpaid amount arising shall be treated as a default and Modern Design Wardrobes may be at liberty to apply any means necessary to seek recovery of the outstanding amounts including but not limited to, legal costs incurred in the process both, party and solicitor client costs along with all other costs associated with the recovery process.
  • Any change of mind or “Found a cheaper quote” cancellations will not be liable for a refund of the deposit payment.

Certificate Requests

  • Glazing certificate for all glass can only be provided after full payment is received.

Return Policy

  • Modern Design Wardrobes return policy is applicable to supply and pickup of materials only.
  • Modern Design Wardrobes Pty. Ltd. has every intention to ensure all its clients are satisfied with the quality of its products.
  • Where any product is deemed faulty, not fit for the purpose described, or damaged, Modern Design Wardrobes will replace or refund the product, excluding postage costs to areas outside the Sydney Metropolitan area within 30 days of purchase.
  • Where delivery is outside of the Sydney Metropolitan area of NSW, Australia and organised externally via courier, or other delivery services, Modern Design Wardrobes takes no responsibility for glass breakage and damage to materials during transit. However, Modern Design Wardrobes will promise to do its utmost to ensure customer satisfaction and fairness in every transaction.
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