These Terms and Conditions apply to all quotes or purchases of Kropf P/L products and service work:
The agreement shall be construed and interpreted pursuant to the laws of the State of Victoria.
The person accepting this quotation for and on behalf of the Client warrants that they are duly authorised to act it on behalf of the Client.
The Client and the person accepting this quotation warrants that the information contained in the quotation is true and correct and is not deceptive or misleading.
Kropf P/L reserves the right to alter designs therefore images and designs may vary from those portrayed on the website. Dimensions provided are approximate only.
The parties agree that once a deposit has been made this quotation becomes a contract and contains the entire understanding between them and that no variation, amendment or waiver shall be valid unless with the express written consent of Kropf P/L and signed by both parties.
In the event that a variation in the details is required by the Client which necessitates an increase in costs then those increased shall be paid by the Client to Kropf P/L at the time of the payment of the final balance.
The Client shall pay all amounts on their due dates and no amounts shall be retained by the Client under any circumstances unless provided for in this contract. In the event that the contract provides for payment on or before delivery or installation then no delivery or installation shall occur unless payment is first received by Kropf P/L. Further any warranty shall not take effect unless payment in full has been received by Kropf P/L.
The client shall pay interest at the rate of 2% per month on any amounts outstanding and any debt collectors charges incurred until the date of full payment.
In the event that the Client does not complete the purchase for whatever reason then all deposit monies will be forfeited and the Client shall pay Kropf P/L all losses, costs and expenses incurred by Kropf P/L.
All conditions and warranties as to quality, fitness, suitability or being fit for a particular purpose and any implied conditions are expressly negatived to the maximum effect the law allows. Nothing contained in this contract shall exclude, restrict or modify or have any effect of excluding, restricting or modifying the application of all or any of the provisions of Part V of the Trade Practices Act 1974 (as amended) or any relevant State Act or Territorial ordinance which by law cannot be excluded, restricted or modified.
An administration fee of $25.00 will be charged by Kropf P/L for each dishonoured payment made by the Client.
All orders paid by credit card will incur a credit card surcharge in accordance of the law.
Most of the furniture is extremely heavy when delivered and is winched off a trailer. The standard delivery fees include placement of the furniture within 1 metre of the delivering trailer. If furniture needs to be moved beyond the winch positions then a second person might be required and will be paid for by the client or provided by the client. Onsite assembly is available for free if requested at time of placing the order.
For anchored fixtures, the *Excavation cost is based on a hole depth of up to 300mm dug in soil without rock. The single upright Anchored Garden Seat is anchored to 600mm. Should external equipment (like jackhammers) be required to excavate the hole or a secondary hole is required, the cost of such excavation will be at the clients expense.
The Client shall make available to Kropf P/L and at the expense of the Client all necessary power as may be required by Kropf P/L including the operation of its air compressors and other equipment that may be required.
The Client must ensure that access to the premises and access to the work site is clear of obstruction and is in a safe and secure condition to enable Kropf P/L to perform the work. Such access shall be sufficient to allow Kropf P/L to position its trucks, trailers, equipment and personnel to where the work is required.
In the event that Kropf P/L is unable to obtain free and uninterrupted access or where its access is delayed for any reason beyond the control of Kropf P/L then the Client shall pay to Kropf P/L all costs, expenses and losses incurred by Kropf P/L and/or its installers as a consequence. Such costs and expenses shall include an installation charge of $350.00 for each installer for each occasion that Kropf P/L or its installers attend the site and are prevented from performing the work and any other costs incurred by Kropf P/L as a consequence.
In the event that the Client does not take delivery on the delivery date then any additional costs incurred by Kropf P/L (including storage) as a consequence shall be passed onto the Client and the Client shall pay such costs to Kropf P/L forthwith upon demand.
The Client must ensure that the premises on which the product is to be installed is adequate structurally and in design to enable the product to be installed. Any quotation covers only the work specified on the quotation. It does not, unless specifically stated, include any rectification work that may be required such as site levelling or removal/disposal of old furniture.
All additional costs incurred by Kropf P/L that are not provided for in the quotation shall be at the expense and responsibility of the Client and shall be paid by the client to Kropf P/L forthwith upon demand.
Where a delivery/installation or service date is specified it is an approximation only and Kropf P/L is not liable for any delay, damages (including consequential damages), loss, costs or expenses relating to the inability to deliver, install or service by the delivery date. Kropf P/L is not liable by the delays arising from events beyond its reasonable control e.g. strikes, lockouts, accidents, shortages of material or labour, shipping delays.
The Client must inspect the product and installation or service immediately after the delivery or completion of job (as case may be).
The risk but not ownership in any product sold shall pass to the Client upon delivery as required by the contract. Once delivered the product is the responsibility of the Client. Ownership will remain with Kropf P/L until Kropf P/L has received full payment by the Client.
It is agreed that until Kropf P/L has received payment in full it has the right to enter the premises where the product is located and remove and dispose of the product in such manner as it desires. The Client shall have no claim or demand against Kropf P/L in such an event. The client indemnifies and holds harmless Kropf P/L or any third party from direct or indirect cost, expense or loss incurred in removing the product.
The Client shall until full payment has been made hold the product as bailee Kropf P/L and shall take all steps and do all things necessary to safeguard and protect the product for the benefit of Kropf P/L, The Client shall not transfer, assign, dispose or howsoever otherwise deal with the product to any third party unless and until full payment has been received by Kropf P/L.
Subject to the conditions contained below under Terms of Warranty, Kropf P/L warrants to the Client for a period of twelve months from the date of purchase, all work performed by its service personnel pursuant to this agreement such warranty being limited to making good any such defect proved to Kropf P/Ls' satisfaction and further provided that no person has altered or tampered with the product. The warranty does not extend to cover free repair of any other fault which may develop in this period.
The Client must notify Kropf P/L in writing immediately upon learning of the fault. The Client must prove the date of purchase by production of the sales or service order or invoice. Kropf P/L will at its option either repair or replace the proven defective product or fault in workmanship arising from normal use and operation in a manner Kropf P/L considers reasonable subject to the conditions of the warranty.
However product that has been:
a) operated or cared for in an improper or unreasonable manner;
b) modified in a manner the effect of which could have reasonably given rise to the default for which rectification is subsequently required;
c) tampered with ;
d) not cared for and maintained by the Client; will not be covered under this Warranty.
lf the full purchase price is not paid for any reason this warranty will be void.
The warranty does not cover defects to the timber resulting from heat or seasoning and natural drying of the timber. The warranty does not cover shrinkage, cracking or twisting of the timber. Rustic timber and garden sleepers can have some degree of decay and rot which is not covered by a warranty. Sun, wind and weather effects on timber are not covered by a warranty. Natural features in timber are not considered as defects and are not warranted.
Any claim made by the Client outside the warranty period of twelve (12) months from the date of installation is not covered under this warranty.
All warranty work will be carried out in normal operating hours (Mon-Fri 8am-5pm, excludes public holidays and Christmas closure) at the Kropf Pty Ltd workshop. Return of items for warranty are at the clients cost or where warranty work is to be performed onsite the client will pay for transport costs as determined at the time. Should the Client require work to be performed outside those normal operating hours then the Client will pay any additional labour costs that will apply as a consequence.
Any work carried out during the warranty period that is not covered by this warranty must be paid for by the Client.
Statutory Warranties - The warranties provided above do not limit, restrict, modify or exclude the statutory warranties contained in the Australian Trade Practices Act ("the Act") or the provisions of any other statutory warranties that cannot be limited, restricted, modified or excluded provided that the liability of Kropf P/L under the Act or other statutory warranties is limited to the costs of repairing or replacing the product so long as such limitation is permitted by the Act or statutory warranties.
Kropf P/L and its installers are not liable for:
a) any loss or damage in or in connection with the delivery, installation of use of the goods, including any indirect or consequential loss such as loss of profit, loss of revenue, loss of contract, loss of goodwill even if due to the negligence of Kropf P/L or any of its employees or contractors,
b) any loss or damage that occurs or may occur arising out of or as a consequence of installation or operation of the product or for the failure to deliver or install the product by the specified date.
The Client releases Kropf P/L and its installers from any loss, costs, claim or liability to the maximum effect permitted by law that arises from the installation or use or otherwise of the product.
The release of liability includes any consequential loss or damage and loss of profit, which is the result of delay, defective or faulty materials or workmanship, negligence or any act or omission by Kropf P/L.
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