In these Terms and Conditions of Sale (“Terms and Conditions of Sale”), the terms ‘us’, ‘we’ or ‘Outdoor Alfresco Kitchens’ hereby refers to The Trustee of Mitchell Family Trust ABN 24 164 175 704. The terms “customer” or “you” refers to the person(s), organization or entity that has purchased a product(s) or service(s) from us. The term “website” refers to the domain owned and operated by us at www.outdooralfrescokitchens.com.au.

Please read these Terms and Conditions of Sale carefully as they form the agreement under which we will supply products and/or services to the customer. These Terms and Conditions of Sale apply to all sales made by us to customers whether products and services are purchased online, over the telephone or in person.

1. Our Service

1.1 We will create an itemised quote, and/or a design drawing based on specifications as requested by the customer. This is not an order and is therefore subject to change by both parties until we receive both confirmation to proceed and the customers payment has been processed.

1.2 The customers itemised quote and/or design drawing will be emailed to the customer where we are provided with a functioning email address. If the customer chooses not to provide a functioning email address then it is the customers responsibility to collect the design drawing and/or itemised quote from our store, which is located at 29 Yampi Way, Willetton 6155.

1.3 The customers itemised quote and/or design drawing is only an example of the customer final product, intended to give the customer an idea of the customers final design. It may be altered at the discretion of both parties based on factors such as changes to the measurements of the customer area, product availability, service entries and any other variables which may affect the final product.

1.4 The number of changes allowed to the design drawing and/or itemised quote is not unlimited. We reserve the right to end the quoting process and void any orders with us, at our discretion, where we feel excessive demands are being made on our quoting team.

1.5 To proceed with the customer quote, the customer must give us confirmation to proceed either verbally or through written confirmation, at which point we will begin the ordering process.

1.6 All itemised quotes and/or design drawings are valid for 30 days after issue only. Please contact us to confirm if you wish to proceed with your quote after this date.

1.7 All items on the quote are separate and classified as a individual item only.

1.8 A removal on a quote may affect the price of another item on that quote. Outdoor Alfresco Kitchens reserves the right to alter each quote and charge accordingly to a change in design or requirements.

2. Site Visits

2.1 A site visit is a prerequisite to proceeding with the customer order and can take place during the quoting process or during the ordering process. Once production has started we will not make site visits except for during installation where required.

2.2 If an additional site visit is requested by the customer for any reason, then an additional fee may be incurred of up to $120. Where Outdoor Alfresco Kitchens requests a site visit, we will not charge an additional fee.

2.3 Site visits which are not located within the metro area may incur an additional fee of up to $280.

2.4 If the customer cancels or reschedules the site visit, we require notice 48 hours prior to the customer scheduled site visit. To cancel a Monday site visit, notice must be given by Saturday. If prior notification is not given, the customer may be charged $120 for the missed site visit.

2.5 The site must be cleared of any items or debris that could prevent the accurate measurement.

2.6 Changes to the site after site measure may affect the cost of the job. A quote/invoice will be sent for the additional cost.

3. Ordering

3.1 Where the order requires the supply of products only, the customer will be issued a tax invoice. It is the customers responsibility to ensure the tax invoice is correct, Outdoor Alfresco Kitchens takes no responsibility for incorrect orders.

3.2 Where the order requires the installation of products, using either Outdoor Alfresco Kitchens or a subcontractor of Outdoor Alfresco Kitchens, the customer will be issued with both a tax invoice and sign off drawing. Please check the sign off drawing and tax invoice carefully. It is the customers responsibility to ensure the order is correct (this includes measurements for the sign off drawing and all other pricing and product information). After the customer signs off on the design and tax invoice it will be considered correct and true. Any errors after the sign off will be the responsibility of the customer. Outdoor Alfresco Kitchens may inform you of the error and come up with an alternative resolution and this may occur an additional cost.

3.3 Orders requiring installation using Outdoor Alfresco Kitchens or a subcontractor of Outdoor Alfresco Kitchens will not be put into production until we first receive written confirmation that both the sign off drawing and tax invoice are correct, and that the customer agrees for us to proceed with the customer order as shown in the tax invoice and sign off drawing.

3.4 Installation date will be determined once all products and items required are in stock. A multitude of companies are used it may take longer than expected if the correct product ordered was not supplied.

3.5 Orders will not be processed until we receive initial payment from the customer as outlined in our payment terms.

3.6 If the customer is paying by credit card, debit card, EFTPOS, PayPal, the customer order will not be processed until the customer payment has passed our internal validation procedures. Once the customer payment has been validated, we will process the customer order.

3.7 We may at our discretion accept or reject an order depending on a variety of factors, such as availability of the ordered products or our ability to validate payment for the products. The customer must not order products or services from us if the customer is under eighteen (18) years of age. We may, at our discretion, treat any order by a person under eighteen (18) years old as void.

3.8 Once we receive confirmation of the customer payment, a binding agreement will come into existence between the customer and Outdoor Alfresco Kitchen, at which point only these Terms and Conditions of Sale will apply in relation to the products and services supplied by us. Subject to clause 1, 2 and 3, no changes to these Conditions of Sale will be effective unless both parties agree to the changes in writing.

4. Availability

4.1 All stock availability as represented on our website or by our team is accurate in accordance with our current stock levels with each manufacturer, however, these stock levels are subject to change without notice. We do our best to keep the products advertised by us in stock.

4.2 If, for any reason, we cannot supply an ordered product, we will contact the customer, using the details provided by the customer, to amend, cancel or put the order on backorder as decided and agreed upon with the customer. If the customer chooses to put the order on backorder, we will contact the customer once the product is available.

5. Price and Payment

5.1 The price payable for a product is stated on the customer tax invoice. Final prices are inclusive of GST as stated on the customer tax invoice. We make every effort to ensure prices and product information on our website, catalogues or advertisements are correct and up-to-date. Prices for our products displayed on third party websites may not be correct and we are not bound by them.

5.2 Orders which require the supply of products only require a deposit of 60% before the job is put into productions and the final 40% before the order is delivered.

5.3 Orders which require installation by either Outdoor Alfresco Kitchens or a subcontractor of Outdoor Alfresco Kitchens require a 30% deposit before the order will be put into production. A further progress payment of 60% is required after the first installation. The final 10% is to be paid before final installation, pickup or delivery.

5.4 We accept payment via VISA, MasterCard, PayPal, bank cheque, direct deposit or cash to our sales team. All payments must be made in Australian dollars

5.5 The customer credit card details will be encrypted to minimize the possibility of unauthorized access or disclosure. Whilst we employ the latest technology and use PayPal’s Payflow secure payment gateway, we will not be responsible for any loss or damage (whether direct or indirect) suffered by the customer if the customer credit card is fraudulently used or is used in an unauthorized manner by a third party.

5.6 Please ensure to keep a record of the customer tax invoice are this is the customer proof of purchase and may be required for any warranty claims.

6. Delivery

6.1 We deliver to most areas in mainland Australia, including the Sydney, Melbourne, Perth, Brisbane, and Gold Coast metropolitan areas. Rural deliveries may incur an additional fee and require the customer to speak to our sales team to discuss the customer options.

6.2 If the customer need to change a delivery date or the delivery address, we require notice by 1:00 p.m. on the day prior to the customer scheduled delivery. To change or cancel a Monday delivery, notice must be given by 1:00 p.m. on Saturday. If the customer is not available to take delivery on the agreed delivery date, the customer will be charged a delivery fee for each additional attempt for delivery.

6.3 Subject to this clause 4, we will deliver to the delivery address specified by the customer when the customer placed the customer order on the agreed delivery date.

6.4 We may deliver the products via a range of delivery methods:

(a) delivery by one of our drivers – The customer must be able to accept all deliveries in person. If neither the customer nor the customer authorized representative is at the delivery address to take delivery, the customer items will be returned to our premises. The customer will be contacted by our sales team to organize delivery for another time and date,

(b) delivery by our contracted courier company or directly by the manufacturer – if neither the customer nor the customer authorized representative is at the delivery address to take delivery, the courier company or the manufacturer will leave our contact details so that the customer can contact us to arrange another delivery time and date; and

(c) delivery by Australian Post – if neither the customer nor the customer authorized representative is at the delivery address to take delivery, an “Article Awaiting” card will be left at the delivery address and the customer order will be taken to the Australian Post Office suitable to store the product until the customer are able to go and pick it up. In these circumstances our obligation to deliver the product to the customer is satisfied when the “Article Awaiting” card is left at the delivery address.

6.5 We cannot commit to an exact delivery time on the day of delivery. If delivery is by one of our drivers the customer will be contacted on the morning of delivery with an approximate delivery window. Our driver will then contact the customer once they are approximately one hour away.

7. Installation

7.1 We charge a fee for installation and as such this is not included unless expressly outlined in the customer tax invoice. This service is only available in certain areas and must be discussed with us during the sign off process and before placing the customer order.

7.2 We take no responsibility for damage caused to our products during installation undertaken by separate identities

7.3 We may provide installation services directly or via one of our subcontractors

7.4 An additional fee may be incurred where are installers are unable to reach the customers site or unable to complete the installation

7.5 It is the customers responsibility to ensure the site is prepped and ready for installation. Our installers will not be able to install the customers job where;

(a) the area contains old appliances that are not disconnected from existing plumbing and electrical supplies;

(b) unfinished floor installation;

(c) any supplies which were previously agreed to be supplied by the customer are considered unsuitable;

(d) any water supply needed cannot be isolated or is considered unsuitable by our delivery team;

(e) electrical power points are in the wrong position;

(f) alterations to existing plumbing and electrical connections are required; or

(g) any other obstructions which may prevent our installers from accessing the customer site.

7.6 Installations are completed as per Australian Standards

8. Title and Risk

8.1 Notwithstanding delivery of the products to the customer, title in the products will not pass to the customer until the customer payment has been processed or otherwise received by us. If the customer payment is declined for any reason we reserve the right to reclaim the products from the customer possession, custody or control even if they have been delivered to the customer or moved from the delivery address. We reserve the right to keep or sell the products. Risk of loss, damage or deterioration to any products will pass to the customer on delivery.

8.2 The customer acknowledges and agree that clause 8.1 creates a purchase money security interest in the products which we are entitled to register as such under the Personal Properties Securities Act 2009 (Cth) (“PPSA”). To the extent permitted under the PPSA, we each agree to contract out of the provisions listed in section 115 of the PPSA. The customer waives the customer right to be provided with verification statements under section 157 of the PPSA. We agree that neither of us will disclose to any third person information referred to in section 275(1) of the PPSA and that this is a confidentiality agreement for the purposes of section 275(6) of the PPSA.

9. Warranties and Limitation of Liabilities

Warranty for bench tops are not included. Infresco brand warranties??? Or leave as general manufacturer warranties.

9.1 Nothing in these Terms and Conditions of Sale limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law (“ACL”) (or any liability under them) which by law may not be limited or excluded. If the customer is a “consumer” under the ACL, the following notice applies to the customer:

“Our goods come with warranties and guarantees that cannot be excluded under the Australian Consumer Law (“Consumer Guarantees”). The customer is entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. The customer is also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.”

9.2 The customer product may come with a manufacturer’s warranty. The manufacturer’s warranty is in addition to but may overlap with any rights and remedies the customer may have under applicable law, including any Consumer Guarantees. If the customer is not considered a “consumer” within the meaning of the ACL, the manufacturer’s warranty may be the customer sole remedy. However, the customer should check the manufacturers warranty carefully as many manufacturers’ warranties will not apply in a business or commercial setting. If the customer would like to make a claim under the manufacturer’s warranty, please contact us for advice and contact details. Please refer to clause 11 for returning the goods to us.

9.3 Subject to this clause 9, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations, or conditions which are not expressly stated in these Terms and Conditions of Sale are excluded;

(b) we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, damage to goodwill, loss of data (including loss of data stored on any media contained within electronic or computing products), arising out of or in connection with the products, the services or these Conditions of Sale (including as a result of not being able to use the products or services or the late supply of products or services), or the need to recover, re-program or reproduce any program or data stored in or used with the products purchased from us, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise; and

(c) our total liability arising out of or in connection with the products, the services, or these Conditions of Sale, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by the customer for the purchase of products and services under these Conditions of Sale.

9.4 Where by law we are unable to exclude terms, guarantees, warranties, representations or conditions but are able to limit them, to the extent permissible by law we limit our liability for any breach, at our option, to the repair or replacement of products, or payment of the cost of repairing or replacing the products or in the case of services, to supplying the services again or the cost of having the services supplied again.

9.5 To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance or offer, invoice or other documents or information issued by us will be subject to correction without any liability on our part.

10. Computer hardware and software – special conditions

10.1 All software provided with our products is subject to the terms and conditions of the license agreement relating to that software. The customer acknowledges the customer obligation to comply with the terms of such license agreements.

10.2 All rights, title or interest in respect of the intellectual property rights in the software remain with us or the licensor of the software.

11. Cancellation, Exchange, and Returns Policy

11.1 In addition to the customer rights under clause 9, the customer may return stocked items within 30 days of delivery for a full refund.

11.2 The customer must initiate all returns, exchanges and/or refunds by contacting us directly within 30 days of the delivery.

11.3 Where the item is to be returned to us, we must receive the returned items at our premises within 45 days of delivery. Where the order is to be returned directly to the manufacturer of the product, we must receive proof of shipping within 30 days. If the customer inadvertently returns a product to our premises, instead of the manufacturer, the customer may incur charges for shipping back to the manufacturer.

11.4 Items must be returned in new and unused condition with all original materials included with the product. The customer must adequately package all products to be returned in a way that ensures the product is not damaged during return delivery. All original items including original accessories, manuals, and packaging (unless taken away on delivery) must also be returned. We inspect all returned items and will award a partial refund for opened or damaged products.

11.5 We will not accept returns for change of mind after 30 days after delivery. ?????????????????? delivery for all this or 30 days after the payment has been processed????

11.6 Customized products are non-refundable.

11.7 Non-stock and special orders are either not returnable, or may be returned with a 20% restocking charge, depending upon the nature of the product.

11.8 Products which are not sanitary (including but not limited to products used for plumbing, construction and infrastructure maintenance trades) are not eligible for return or refund.

11.9 If the return is a result of a defective product or an error made by Outdoor Alfresco Kitchens, we will replace the product including shipping charges. If we are unable to provide a replacement of the intended product, we will refund the cost of the merchandise subject to the terms and conditions listed herein.

11.10 All returns must be approved via the Return Merchandise Authorization (RMA) process.  There are no exceptions to this requirement.

11.11 Once we have received the return, the customer can expect to receive the refund within four weeks. The customer refund will be issued in the form of the payment used to make the original customer purchase. We will notify the customer via email with the details of the refund.
11.12 Goods presented for repair may be replaced by refurbished item(s) of the same type rather than being repaired. Refurbished parts may be used to repair the item(s).

12. Force Majeure

12.1 We will not be liable for any delay or failure to perform our obligations under these Conditions of Sale if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 3 months, we may terminate our agreement with the customer by giving the customer 5 business days’ written notice.

13. General

13.1 These Conditions of Sale form the entire agreement between the customer and us and, unless expressly agreed to in writing by us no terms or conditions, including any Terms or Conditions printed or referred to in the customer offer to purchase or order (if any) will be binding on us or have any legal effect.

13.2 We may change any provision in these Terms and Conditions of Sale without notice. As such, we advise that the customer check these Terms and Conditions of Sale whenever the customer wants to purchase products from us. Any change of these Conditions of Sale will only apply to future orders. None of our agents or employees or any third parties have any authority to change these Terms and Conditions of Sale.

13.3 We reserve the right to refuse supply of the products or services ordered by the customer, terminate our contract with the customer or terminate the customer account with us, and to remove or edit content on our website at our sole discretion and without incurring any liability to the customer.

13.4 The customer must not assign any rights and obligations under these Terms and Conditions of Sale whether in whole or in part without our prior written consent.

13.5 Any notice in connection with these Terms and Conditions of Sale will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other party.

13.6 If any provision of these Terms and Conditions of Sale is invalid, illegal or unenforceable, these Terms and Conditions of Sale take effect (where possible) as if they did not include that provision.

13.7 Please refer to our Privacy Policy to see how we collect, use and protect the customer personal information.

13.8 Any failure by a party to insist upon strict performance by the other of any provision in these Terms and Conditions of Sale will not be taken to be a waiver of any existing or future rights in relation to the provision.

13.9 These Terms and Conditions of Sale are governed by the laws of New South Wales, Australia. The parties each agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.