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1.1. “CDH” means Concrete Design House Pty Ltd (ABN 54 612 252 267) trading as Concrete Design House.
1.2. “Client” means the person/s buying the Goods as defined in any invoice, order, quote or any other documents and if there is more than one Client it refers to each client jointly and severally.
1.3. “Goods” means all Goods or Services supplied by CDH to the Client at the Client’s request from time to time and the terms “Goods” and “Services” may be used interchangeably.
1.4. “Price” refers to the Price payable for the Goods as agreed between CDH and the Client pursuant to Clause 5 herein.
1.5. “Delivery of the Goods” means:
(a) When the client or the client’s nominated carrier takes possession of the goods at CDH’s address; or
(b) CDH (or a carrier nominated by CDH) delivers the goods to the Client’s nominated address, even if the client is not present at the address at the time the goods are delivered.
2.1. The Client is taken to have accepted and is immediately bound by these terms and conditions if the Client places an order for Goods, or accepts Delivery.
3.1. These terms and conditions may only be amended in writing and with consent of CDH.
4.1. The Client shall give CDH not less than fourteen (14) days written notice of any proposed change of control or ownership of the client and/or any other change in the Client’s details, including but not limited to the Client’s name, address, phone number, fax numbers, email and the like. The Client shall be liable for any loss incurred by CDH due to the Client’s failure to comply with this clause.
5.1. At CDH’s sole discretion the Price shall be either:
(a) as indicated on any invoice provided by CDH to the Client; or
(b) CDH’s quoted price (subject to Clause 5.2) which will be valid for a period stated in the quotation or otherwise for a period of sixty (60) days from the date of the quotation.
5.2. CDH reserves the right to change the Price:
(a) if a variation to the Goods which are to be supplied (including any applicable plans or specifications) is requested; or
(b) where additional Services are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, inclement weather, existing site defects, equipment breakdown and the like) which are only discovered on commencement of the Services; or
(c) in the event of increases to CDH in the cost of labour or materials which are beyond CDH’s control.
6.1. Upon the client’s acceptance of the quote by CDH, a deposit of up to fifty percent (50%) will be required with the balance due at installation. Depending on the circumstances the deposit may be non-refundable.
7.1. Time for payment for the Goods by the Client will be on the date determined by CDH, which may be:
(a) on Delivery;
(b) on installation; or
(c) the date specified on any invoice or other form as being the date for payment.
8.1. Payment may be made by cash, electronic funds transfer or by any other method as agreed to between the Client and CDH.
9.1. Unless otherwise stated, the Price does not include GST. In addition to the Price the Client must pay to CDH an amount equal to any GST.
10.1. The Client acknowledges that:
(a) All work will be carried in a professional and caring manner and will meet manufacturer’s specifications and applicable industry standards;
(b) As the goods are handcrafted they should expect a lead time of four (4) to eight (8) weeks (depending on the complexity of design and finish) after templates have been made.
10.2. At CDH’s sole discretion, the cost of Delivery is either included or excluded in the Price.
10.3. The Client must take Delivery by receipt or collection of the Goods whenever they are tendered for Delivery as arranged between the Client and CDH. In the event that the Client is unable to take Delivery as arranged then CDH shall be entitled to charge a reasonable fee for redelivery.
10.4. Any time or date given by CDH to the Client is an estimate only. The Client must still accept Delivery even if late and CDH will not be liable for any loss or damage incurred by the Client as a result of the Delivery being late.
10.5. The Client shall ensure that CDH has clear and free access to the nominated delivery address at all times to enable them to deliver the goods. Whilst all reasonable care will be taken, CDH shall not be liable for any loss or damage to the site (including, but not limited to damage to footpaths, crossovers, curbing, water pipes, stormwater drains, electrical services, sewerage pipes, property and the like).
11.1. Finished goods which cannot be installed within two (2) weeks of production completion due to delays caused by the Client will be subject to storage charges of $50.00 per piece per week or any portion thereof except if 90% of the account balance is paid, with 10% retention due upon installation. In cases where the Goods simply cannot be stored due to severe space limitations, the Client must pick up the goods or be subject to $250.00 trip charge to an appropriate storage facility.
12.1. Risk of damage to or loss of the goods passes to the Client on delivery and the Client must take out appropriate insurance in relation to the Goods on or before delivery.
12.2 If the Goods are damaged or destroyed following delivery but prior to ownership passing to the Client, CDH is entitled to receive all insurance proceeds payable for the Goods.
12.3 If the client directs CDH to leave Goods outside CDH’s premises for collection or to deliver the goods to an unattended location then such Goods shall be left at the Client’s sole risk.
12.4 CDH shall not be held responsible for any damage to the Goods caused by:
12.4.1 Improper care and maintenance, including but not limited to, chemical abuse and cleaning with abrasive agents;
12.4.2 Damage caused by heat and UV exposure, physical abuse and general wear and tear.
13.1 CDH shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Client. The Client acknowledges and agrees that in the event that any of this information is inaccurate, CDH accepts no responsibility for any loss, damage or costs resulting from these inaccurate plans, measurements or other information.
14.1 CDH and the Client agree that the ownership of the Goods shall not pass until:
14.1.1 The Client has paid CDH all amounts owing to CDH; and
14.1.2 The Client has met all of its other obligations, if any, to CDH.
14.2 Payment is not received by CDH (except for cash) until the funds are received as cleared funds, in the case of electronic funds transfer or the like in CDH’s bank account.
15.1 The Client must inspect the goods on delivery and must within seven (7) days of such time notify CDH in writing of any defect or damage, shortage in quantity or any other failure to comply with the description or quote. The Client must notify any other alleged defect in the goods as soon as reasonably possible after any such defect becomes evident. Upon such notification, the Client must allow CDH to inspect the goods to respond to the Notification.
15.2 CDH acknowledges that nothing in these terms and conditions purports to modify or exclude the “non-excluded guarantees” contained in the CCA.
15.3 CDH provides a one (1) year structural warranty and during the first year after installation and at CDH’s sole option, CDH shall repair or replace the goods if it fails to maintain functional structural integrity for the intended purpose for the Goods solely due to a manufacturing defect. This applies only to CDH Goods that have been handled, fabricated, installed and maintained in the manner recommended by CDH. Hairline cracks, surface scratches and chips are not included as part of this warranty, nor is structural damage caused by severe impacts or damage stemming from loss or support and/or excessive deflections by the supporting cabinetry or hardware. CDH shall have sole and final right to determine whether a warranty claim is valid.
15.4 CDH will not accept any returns or offer any refunds on any purchase of Goods except as specified in the warranty detailed in clause 15.3. All claims for possible defects or for any other reason must be made in writing prior to installation.
16.1 The Client acknowledges and agrees that:
16.1.1 Goods made by CDH are handmade and hand finished. Each piece is unique. Variations in texture, dimension, colour and aggregate distribution and exposure within a final product may occur and are considered an inherent property of our handmade products and is not considered to be a “defect” in accordance with Clause 16;
16.1.2 Samples of any material may not precisely represent material the client will receive. Shades of colour for example, may vary per shipment due to the inherent nature of the materials used. For example, the humidity on the day the concrete is poured can subtly affect the colour of the cured concrete’
16.1.3 “Variegated” colours are highly variable in pattern. The pattern may be different from samples in density, size and distribution of patterning. The pattern may vary from any sample provided;
16.1.4 Imbedded objects such as glass chips, metal shaving or stones are randomly distributed and tend to shift during the casting process. Every reasonable effort is made by CDH to use the size and density of objects shown in a sample, but size and density will vary throughout the finished Goods;
16.1.5 Imbedded metal shavings are composed of stainless steel, steel and other metals, and composition of the shavings is not under CDH’s control and some rust may occur on some shavings and should be considered inherent in the look of the Goods;
16.1.7 Seaming may be required for layouts designed to exceed maximum casting lengths. Seams are kept to a tolerance not to exceed 7mm difference from the templates. Seams are filled with a colour coordinating acrylic caulk after slabs are placed. CDH will provide the client with a seam design after templating;
16.1.8 Undermount sinks will be mounted with a slight overhang of the counter top over the flange of the sink, so that the flange is not visible unless otherwise specified by the Client. All sizes are nominal and slight variations in thickness and other dimensions of the Goods are to be expected.
17.1 Where CDH has designed, drawn or developed Goods for the Client, then the intellectual property in those documents shall remain the property of CDH.
17.2 The Client warrants that all designs, specifications or instructions given to CDH will not cause CDH to infringe any patent, registered design or trade mark in the execution of the Client’s order and the Client agrees to indemnify CDH against any action taken by a third party against CDH in respect of any such infringement.
17.3 The Client agrees that CDH may (at no cost) use for the purposes of marketing or entry into any competition, any documents, designs, drawings, photographs or goods which CDH has created for the Client.
18.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date that payment is received, at the rate of 10% per annum.
19.1 CDH may cancel any Contract to which these terms and conditions apply or cancel delivery at any time before the Goods are delivered by giving written notice to the Client. On giving such notice, CDH shall repay to the Client any money paid by the Client for the Goods. CDH shall not be liable for any loss or damage whatsoever arising from such cancellation.
19.2 In the event that the Client cancels any order or delivery then the Client shall be liable for any and all loss incurred by CDH up to the date of the cancellation and/or as a direct result of the cancellation.
20.1 The failure by CDH to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect CDH’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable then that clause can be severed without affecting the validity, legality and enforceability of the terms and conditions.
21.1 These terms and conditions and any contract or agreement to which these terms and conditions apply shall be governed by the laws of the State of Queensland.
22.1 Subject to clause 16, CDH shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense suffered by the Client or alternatively any liability on the part of CDH shall be limited to damages which under no circumstances shall exceed the Price.
22.2 CDH reserves the right to subcontract all or any part of its rights and obligations without the Client’s consent. The Client agrees that CDH may amend these terms and conditions at any time and any changes will take effect from the date on which CDH notifies the Client of such changes or amendments and the Client will be taken to have accepted any amendments and changes if the Client makes further request for CDH to provide Goods to the Client.
23.1 CDH will not be liable to the Client for any failure to perform, or delay in performing, CDH’s obligations under these terms and conditions if the failure or delay is due to any cause beyond CDH’s reasonable control and if any such failure or delay continues for a period of fourteen (14) days CDH may terminate any affected Contract.