Terms & Conditions

1. Definitions

• “The customer” or “you” means the person or entity agreeing to this contract.
• “Cabimate”, “the company”, “us” or “we” means Cabimate (ABN 48 125 567 379).
• “Goods” means the cabinetry, joinery or furniture items specified in the approved quotation.
• “Site” means the place where the goods are to be fitted.
• “Installation” means the assembly and fitting of goods on-site to the agreed specifications.
• “Fitter(s)” means the person(s) we instruct to fit the goods.
• “Major domestic building contract” means a contract for domestic building work with a contract price of more than $10,000, as defined under the Domestic Building Contracts Act 1995 (Vic).

2. The Contract

These terms and conditions form the legally binding agreement between you (the customer) and Cabimate (ABN 48 125 567 379). This agreement, together with the agreed survey details, plans, drawings and quotation, constitutes the entire agreement between the parties. It is the customer's responsibility to ensure all details recorded are correct.

We may change these terms by giving you reasonable written notice, and any change will only apply to work agreed after that notice is given.

Where the value of the work is more than $10,000, this contract is intended to operate as a major domestic building contract for the purposes of the Domestic Building Contracts Act 1995 (Vic), and additional terms required by that Act (including as to insurance and dispute resolution) will be provided to you in writing as part of the contract documents for that project.

3. Quotation and Ordering

Along with a written quotation, we will provide a clear outline of the work to be carried out, which may include sketched drawings. You will not be charged for initial design work if you decide not to proceed.

You are under no obligation to proceed unless you accept our quotation in writing and pay the deposit referred to in clause 4. The contract only starts once both of these occur.

Quotations are valid for 30 days from the date of the quotation unless we give written notice that it is withdrawn earlier. We reserve the right to adjust the price after that period.

Quotations are based on the cost of materials, labour, overheads, transport and taxes at the date of the quotation. The final price may vary from the initial quote where design changes are required, including changes identified at the time of survey, and you will be notified in writing of any such revision before it is charged.

Once we receive your deposit and written acceptance, we will schedule your installation date. It is your responsibility to check that the specifications and dimensions in the final design (after survey) meet your requirements. All drawings, plans and paperwork we produce remain the property of Cabimate and are protected by copyright. Quoted prices are exclusive of GST unless stated otherwise.

4. Pricing and Payment

Contracts of $10,000 or less

For projects with a total contract price of $10,000 or less, payment is due as follows:

• 30% of the total price on acceptance of the quote and booking of the installation date;
• 50% of the total price when materials are ordered (we will confirm this date with you by email); and
• 20% of the total price on satisfactory completion of installation.

Contracts of more than $10,000 (major domestic building contracts)

Where the total contract price is more than $10,000, the Domestic Building Contracts Act 1995 (Vic) applies. For these projects: the deposit will not exceed 10% of the contract price (or 5% where the contract price is $20,000 or more), and the balance will be payable in instalments tied to the completion of defined stages of your project, set out in the major domestic building contract documents provided to you before work begins, rather than the schedule shown above.

Invoices are usually sent by email unless otherwise agreed in writing. Payment is due within seven days of the invoice date. If payment is not received within that time, we will contact you to arrange prompt payment.

5. Dates and Times

Once you accept our quote, we will book your installation date. Because the duration of other jobs cannot always be predicted, you may initially be given an approximate date, to be confirmed nearer the time. Installation dates will be confirmed with you no less than 48 hours before the start of installation.

Please let us know about other commitments (such as holidays) in the weeks either side of the provisional date, and your preferred working hours, before committing to an installation date.

Our usual working hours for installation are 08:00 to 17:00. Installations may be booked over several days depending on the nature and size of the goods being installed.

Please tell us as early as possible if you are no longer available on the agreed start date. Occasionally, factors outside our control (such as illness, adverse weather, or delayed supplier delivery) may require us to change a confirmed date, and we will always give you as much notice as possible if this happens.

6. Materials and Products

Please ensure you are satisfied with the specifications provided, and clearly communicate any specific requirements for materials, fittings or paint colours before the final design and price are accepted.

For wood finishes, we cannot guarantee an exact colour match with existing woodwork, due to natural variation in timber and changes in shade from light exposure over time, though we will do our best to match as closely as possible.

As goods are manufactured to order, once installation has begun the goods cannot be returned, and a refund will not be made, other than as required for defective goods under the Australian Consumer Law (see clause 11). Please inspect goods on arrival where possible.

If a product or material fails due to a manufacturing fault, we will contact the manufacturer to have the fault rectified. We will notify you as soon as possible if parts are delayed or damaged, and if this will affect installation dates, or if any issue arises with materials during installation.

7. Access and Installation

Installation typically takes between 1 and 5 working days, and we will complete it as soon as reasonably possible.

We will try to meet the timeframes in this contract, but any date we give is a guide only, based on information available to us at the time. We are not liable for delay caused by events beyond our reasonable control, and will complete the work as soon as reasonably possible in those circumstances.

Once you commit to an installation date, you agree to:

• give the fitter access to the site at reasonable times (between 08:00 and 17:00 on weekdays, or as otherwise agreed);
• advise us of suitable parking and a clear access route for our van, and keep paths, driveways and passageways we will use free of obstructions;
• inform your neighbours in advance if noise or restricted access is likely to be an issue;
• allow cutting to be done in the room where practical, with dust sheets down and extraction connected to power tools, leaving the room at least as clean as we found it;
• tell us the location of electrical cables, pipes, the stopcock and the fuse board before we begin fitting. We are not liable for the cost of repairing cables or plumbing damaged while drilling if we were not informed of their location and the damage was not caused by our negligence (please note cable detectors are not always reliable);
• let us know where suitable toilet facilities are, and where we can access a sink or tap during installation;
• provide reasonable access to the room where goods are to be fitted (ladder access is not acceptable);
• clear the room, and our route into it, of breakable or valuable items at risk of damage;
• remove frames, lampshades and soft furnishings that may obstruct installation in the room and along our route;
• dismantle or remove existing furniture or fittings in the room, and along our route, if necessary;
• clear the floor space required for installation; and
• disconnect and remove TV, audio or media equipment.

If we are required to clear a room or dismantle existing furniture to complete your installation, the additional time this takes will be added to your final invoice at AUD $130 per hour.

We will protect your floors, carpets and property using dust sheets and removable carpet protectors, and clean up thoroughly at the end of installation, aiming to leave the site as we found it. Installation of shelving may occasionally cause minor damage to existing paintwork, so please be prepared for some touch-up work afterwards. Our advice is to paint walls before installation, but expect some touch-up painting after. Reconnecting any TV, audio or media cabling after installation and paint drying is your responsibility.

8. Waste Removal

We remove offcuts, packaging and other waste related to our installation, and leave the room clean and tidy on completion.

9. Insurance, Liability and Intellectual Property

Cabimate holds public liability insurance. Please confirm current policy details with us directly if you require them for your records.

We may take photographs of an installation, in progress and on completion, for use in our marketing materials, but we will only use images that identify your home or project with your prior permission. Please let us know your preference in advance.

Any drawings, designs, specifications or other documents we give you remain the property of Cabimate and are protected by copyright. They must not be copied, reproduced or given to any third party without our prior written agreement.

10. Complaints and Dispute Resolution

If you have a complaint, please contact us at info@cabimate.com.au. We aim to respond within 5 business days and will arrange a convenient time to inspect and/or remedy the issue.

If we are unable to resolve your complaint directly, you can contact Consumer Affairs Victoria for guidance, or, for disputes about domestic building work, Domestic Building Dispute Resolution Victoria (DBDRV) or the Victorian Civil and Administrative Tribunal (VCAT) Domestic Building List.

11. Australian Consumer Law

Nothing in these terms and conditions excludes, restricts or modifies any condition, warranty, guarantee, right or remedy that you have, or which we owe you, under the Australian Consumer Law or any other law that cannot be excluded, restricted or modified by agreement. If any part of these terms is inconsistent with the Australian Consumer Law, the Australian Consumer Law will prevail to the extent of that inconsistency.

12. Governing Law

These terms and conditions are governed by the laws of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Victoria.

13. Contact Us

• ABN 48 125 567 379
• Email: info@cabimate.com.au