TERMS AND CONDITIONS

Our Terms and Conditions

The following terms form a contract between Outdoor Alfresco Kitchens
Melbourne P/L and “Client name” and/or “Company name” listed in the
quotation or invoice and will be referred to as the Agreement henceforth in
these terms, and the party purchasing a project from Outdoor Alfresco
Kitchens Melbourne as the Client.
On the payment of the depositor invoice, the Client and Outdoor Alfresco
Kitchens Melbourne agree to all terms as stated.
A Project is defined as any work requested by the Client or any on-going
commitment to deliver any on-going service.
This Agreement will be governed by and construed in accordance with the
laws of the State of Victoria and of Australia.
It is the responsibility of the Client to read and understand these terms and
conditions. These terms are mentioned in our quotations and invoices. Once
any payment has been made, or a quote accepted, it is deemed that the Client
has read and agrees to all these terms and to binding in full by them.
The Client agrees that they appoint Outdoor Alfresco Kitchens Melbourne as
facilitated on quote or invoice and agree to the terms and conditions herein.
Payment terms
In the event you are having difficulty paying us within the agreed time, or have
a concern with any items within an invoice, please contact us immediately.
We’re happy to help anything you may not understand.
We reserve the right to stop work if you fail to make any payment when and as
it falls due.
Please read the terms of your estimate and invoices. Projects that require
installation from Outdoor Alfresco Kitchens Melbourne have payment
milestones such as 30% Deposit 60% First Installation and Final 10% on the
Day of the final install. Should the Client want supply only the milestones are
as such 60% Deposit and 40% Before final delivery
Please note, further progress payments may be required depending on your
job.
Payment of invoices must be completed within 14 days. Once these terms
have been passed, we reserve the right to charge a $35.00 administrative fee
plus a compound interest of 2% per calendar month until it is paid in full.
Fee changes
We reserve the right to review all quotes for services rendered on a 3 monthly
basis; any change in price will be notified in writing.
We reserve the right to change penalties for unpaid invoices on a 6 monthly
basis.
Right of Lien
Outdoor Alfresco Kitchens Melbourne has a right of lien on appliances or
materials, that is, we reserve the right to hold appliances or materials against
any outstanding debts. Note this will only apply to appliances or materials
such as BBQ`s, Fridges, Splashback, Benchtops etc. that been worked on but
for which payment is outstanding.
Non-payment service suspension and copyright claims
Outdoor Alfresco Kitchens Melbourne reserves the right to suspend or
terminate all services and commence legal proceedings on any unpaid work
that has been delivered and is in use by the Client on any unpaid invoices.
Outdoor Alfresco Kitchens Melbourne reserves the right to suspend all
services, installations, and deliveries in the event of any individual unpaid
invoice.
Agreement termination
Outdoor Alfresco Kitchens Melbourne reserves the right to immediately
terminate the Agreement with the Client. Should they be in breach of any of
the Agreement terms listed.
The Client may terminate the Agreement with Outdoor Alfresco Kitchens
Melbourne should Outdoor Alfresco Kitchens Melbourne be in breach of any
of the Agreement terms listed. The Client must provide 30 days written notice
prior to termination.
Once all invoices are paid, all materials/appliances created for the Client as
part of the project will be released to the Client in full as invoiced (delivered if
supply only OR completed if Installation included). These materials will be in
whatever state they were at the time of the termination of the agreement and
may not be complete. Outdoor Alfresco Kitchens Melbourne is not responsible
for storage od good/appliances or materials as this is the case any storage
charges will be invoiced to the Client.
Outdoor Alfresco Kitchens Melbourne shall have the right to bill pro rata for
work completed through to the date of the agreement termination request
while reserving all rights under this Agreement. If additional payment is due,
this shall be payable within thirty days of the Client’s written notification to stop
work.
In the event of termination, the Client shall also pay any project expenses
incurred by Outdoor Alfresco Kitchens Melbourne and the Outdoor Alfresco
Kitchens Melbourne shall own all rights to the project`s appliances and
materials. The Client shall assume responsibility for the payment of legal fees
necessitated by any default in payment.
Deposits will not be refunded in the event of Agreement termination.
Destruction of Documents and Files
Upon our request either during our engagement or following its termination,
you must collect your property in the case of appliances for the outdoor
kitchen without delay which will be released to you once our accounts are
paid. Should any of your property remain in our possession following our
request to collect it, we will hold the property for three months before
destroying it in accordance with the Australian Consumer Law and Fair
Trading Act 2012.
Expenses
The Client agrees to reimburse Outdoor Alfresco Kitchens Melbourne for nonstandard
expenses necessary in completion of the project when requested by
the Client: (e.g. Handles, Hinges, Taps, Sinks & components etc). No
purchases will be made on the client’s behalf by Outdoor Alfresco Kitchens
Melbourne without the client’s prior consent.
Project Management
Outdoor Alfresco Kitchens Melbourne reserves the right to determine an end
date for a project, should the Client be responsible for the late delivery of
components for the project. This end date will be a minimum of 30 days from
when Outdoor Alfresco Kitchens Melbourne contacts the Client. This is to
ensure the timely completion of projects and resource management. Outdoor
Alfresco Kitchens Melbourne further reserves the right to charge a
management fee due to Client delays, to cover the cost of additional project
management time.
Resource allocation
Outdoor Alfresco Kitchens Melbourne reserves the right to assign other
business, contractors or providers to assist with a project to ensure quality and
on-time completion. service (in the case of Outdoor Alfresco Kitchens
Melbourne installing the project these, for example, include Electrical, Gas,
Installers etc) This can be done without informing or obtaining authorization
from the Client.
Warranty
On final payment of the project total cost, a two week warranty period begins
the following day. Within this two week period, fixes and minor changes within
the Scope of Works may be passed to Outdoor Alfresco Kitchens Melbourne
for evaluation and resolution.
Examples of warranty changes are:
• Appliances not working (BBQ, Fridge, Exhaust hood etc.)
• Quality of Finish for Materials for the Benchtops, Cabinets,
Splashbacks.
• Incorrect functionality
No charge will be passed on to the Client for this work unless deemed to fall
outside of the Scope of Works, whereupon a quotation for the work will be
provided to the Client.
Legal
The Client and Outdoor Alfresco Kitchens Melbourne are independent parties,
Nothing in this Agreement shall constitute either party as the employer,
principal or partner of or joint venture with the other party. Neither the Client
nor Outdoor Alfresco Kitchens Melbourne has any authority to assume or
create any obligation. Or, liability, either expressed or implied, on behalf of the
other.
Outdoor Alfresco Kitchens Melbourne provides advice and manages the Client
services on the Clients behalf. Outdoor Alfresco Kitchens Melbourne cannot
be held responsible for outcomes which are associated with the Clients other
trades or services (examples are Landscapers, Builders or Architects etc. )
The overall management of the services provided by Outdoor Alfresco
Kitchens Melbourne are responsible for what is on the invoice with the Client,
Outdoor Alfresco Kitchens Melbourne cannot be held liable for any financial
losses incurred by the Client due to trades or services not included in the
accepted quote or invoice.
More Legal notice
A Client who chooses to use Outdoor Alfresco Kitchens Melbourne services
as only part of their project does so at their own risk and Outdoor Alfresco
Kitchens Melbourne may not be held accountable for the Clients choice for
Appliances and Materials used by the Clients service providers.
A Client who chooses to continue to use Outdoor Alfresco Kitchens Melbourne
services to continue projects already started with other contractor does so at
their own risk and Outdoor Alfresco Kitchens Melbourne may not be held
accountable for the Clients existing site works. Outdoor Alfresco Kitchens
Melbourne cannot be held accountable for any technical unforeseeable issues
from systems they do not own or control. This includes products from
manufacturers such as BBQ`s, Exhaust hoods bar fridges, keg systems, side
burners, rotisseries etc.
Reservation of Rights
All rights not expressly granted are reserved to Outdoor Alfresco Kitchens
Melbourne, including but not limited to all rights in sketches, compositions, or
other preliminary materials used prior to acceptance of invoice or deposit of
invoice.
Availability/ Business hours
Outdoor Alfresco Kitchens Melbourne business hours are 9:00 am to 5:00 pm
Monday to Friday. 9:00am to 3:00pm on Saturday.
The following terms are based on business weeks.
Outdoor Alfresco Kitchens Melbourne reserves the right to refuse any and all
out-of-hours work, regardless of notice given, to ensure the quality of all our
clients work. As a courtesy, please consider that whilst Outdoor Alfresco
Kitchens Melbourne can provide out-of-hours or urgent services on occasion,
this is not part of our service range, so please plan your projects accordingly.
In the event that a Client project requires work out-of-hours, we reserve the
right to charge double the hourly rate, subject to approval by the Client.
As a courtesy, the Client will provide at least 72 hours’ notice for the delivery
of appliances etc supplied for the kitchen. Providing all required materials to
deliver the project is the responsibility of the Client (i.e. BBQ, Bar Fridge, Sink
or Tap etc.).
Liability
The Client is accountable for providing all materials on time when there is a
deadline. If there are delays, it is the Clients responsibility to advise us and
negotiate any possible impacts to timeframes.
In the event that a Client based delay would force a project to require out-ofhours
work, it is the Clients responsibility to negotiate this. Moreover, in good
faith with Outdoor Alfresco Kitchens Melbourne with the expectation of
additional fees being charged.
All projects requiring out-of-hours work must be requested a minimum of a full
business week prior to the required delivery date. Should the work be
expected to be significant (4 hours or more) then two weeks’ notice is
required.
Projects with insufficient notice and requiring out-of-hours work can attract a
further levy. It will charge at triple the normal hourly rate.
Out of hours Technical Support issues can be reported using the Outdoor
Alfresco Kitchens Melbourne website or contact us.
Response time
Sales and technical support issues will be responded to within 48 business
hours.
We reserve the right to update or amend these Terms and Conditions
of Use at any time. You should check this page from time to time to
make sure you are aware of any changes.