TERMS & CONDITIONS

 

  •  

CONSULTATIONS:

 

  1. Consultation fees are quoted based on the scope of works and the level of intellectual property required to complete the brief.  Quotations take into consideration industry knowledge, industry experience and KWD’s ability to streamline the specification process.  The KWD team work collaboratively, and as such, each team member of the KWD team will work on every project.
  2. Once a consultation fee is agreed upon, and a quote is accepted, an invoice will be issued. Full payment of the consultation invoice is required at this stage to secure a consultation appointment, and a position in the KWD project pipeline.  Payment of this fee represents acceptance of KWD’s terms and conditions outlined in this document.  Staged payments may be appropriate where KWD are engaged for multiple facets of the design program, from spatial planning to furniture installation. It is expected in these instances that initial consultation fees for Hard Finish Specification and Spatial Planning will be paid up front, and further invoices will be generated for Joinery Design and Furniture Consultation when deemed appropriate during the course of the design process.
  3. At the Consultation meeting, the intellectual property for the Scope of Works will be presented, discussed and adapted as required.  This is a fluid process, where ideas are collated and discussed, and options are presented in an informal manner.
  4. At a mutually agreed time after the Consultation meeting, a clear and detailed Schedule of Finishes will be sent to the client with the complete look, direction, timeline and costings for the project. This document is considered a ‘work in progress’ document that can be amended as the project progresses.  It is standard protocol for this document to be altered slightly during the course of the project.  This document is prepared on the basis of acceptance of the design direction during the Consultation meeting.  Up to three (3) minor revisions of the Schedule of Finishes are included in the initial Consultation fee.  Any additional changes after the third revision will attract a $500 administration fee per revision.
  5. Should the client completely change the design direction for the project after the schedule has been released, an additional fee may be applicable.  This is at the discretion of KWD.
  6. If, prior to receiving the detailed schedule, it is felt that the Consultation did not meet the client’s expectations, and this feedback has been provided to KWD so that KWD has the opportunity to meet such expectations, the client must notify KWD in writing of their decision not to proceed at which time, if all parties agree, 50% of the Consultation Fee will be refunded to the client.  The balance of 50% will cover the time spent and expertise used in preparing the Consultation Brief and the intellectual property revealed therein.
  7. If, for any reason, a project does not proceed, the works completed by KWD are not refundable.
  8. Once the detailed schedule has been created and presented to the client, and KWD has clearly outlined the Scope of Works, the responsibilities of KWD and the responsibilities of the clients, no refund in any part or whole of the paid Consultation Fee shall be liable to be refunded.
  9. If at any time during the project process there are any issues or concerns, these should be discussed immediately with the KWD team so they can be addressed and rectified as per the conditions of the Consultation contract.
  10. Please note that KWD offers advice on spatial management and design, and will work with or provide you with recommendations for an architect or draftsperson, however KWD does not create drawings for architectural works, nor are we qualified to do so.
  11. While KWD specifies products as per the Scope of Works, and can supply these products, clients are under no obligation to purchase any said products from KWD.  It should also be noted that while we specify a range of products we are under no obligation to reveal our sources and supply partners.
  12. The images provided in the Schedule of Finishes are a guideline only, to provide a feel and mood for the intended design aesthetic, and at no time should be taken as a representation of the work to be undertaken.
  13. Product images in your schedule may not be a true representation of the actual product.
  14. Quantities and measurements will at no time be taken from supplied drawings. The exact quantities and measurements of all materials are the responsibility of, and must be provided by the client’s builder.
  15. All care will be taken when KWD recommends trade partners for your project, including contacts we have with architects, draftsmen, builders, joiners, tilers, stonemasons, painters, pool builders, landscapers and pavers, however all communications with these trades will be between the client and the trades.  KWD will not be responsible for any works carried out by these trades for the project.
  16. Wherever possible, samples from the Schedules of Finishes will be provided unless the said samples are unavailable.  Samples are indicative only, and may vary as batches change.  Full sized samples may not be available.
  17. KWD reserves the right to post project images of their projects on social media unless requested in writing by the client not to do so.
  18. KWD has a positive and welcoming social media family and will in no way accept any negativity towards our posts or to the posts of affiliates. KWD reserves the right to delete or report as seen fit.
  19. KWD reserves the right to amend these terms and conditions as deemed appropriate.

 

GENERAL

 

1.  Quotations:

  • 1. Quoted prices for stock items are valid for 30 days. Quoted prices for special orders are subject to review at any time prior to invoicing.
  • 2. Variations to the quoted quantity may result in changes to the pricing. Such changes will render the initial quote invalid and will result in a re-quote.

 

2.   Payment Requirements:

  • 1. All orders to be paid in full before delivery.
  • 2. A 50% deposit is required for confirmation of all orders unless otherwise noted on the order.
  • 3. The balance of the order is to be paid upon arrival into our importer’s warehouses.
  • 4. All deposits and payments are non-refundable.
  • 5. We retain the right to impose interest charges and/or account management fees on any overdue account.
  • 6. Payments made by credit card will incur a surcharge of 1.5%.
  • 7. Notwithstanding delivery of the materials or their installation, the materials shall remain the property of Kate Walker Design (KWD) until the customer has paid and discharged any indebtedness to them.

 

3.  Deliveries:

  • 1. Deliveries are kerbside unless prior arrangement has been made.
  • 2. The delivery cost is not included in the cost of materials and must be invoiced separately.
  • 3. We can arrange delivery on the customer’s behalf and expense but accept no liability for any loss or damage arising from the delivery process.
  • 4. KWD’s obligation to deliver shall be discharged on arrival of the products at the customers’ nominated delivery destination, nominated Transport Company, nominated agent or the delivery address appearing on the invoice.
  • 5. Any date or time quoted for delivery is an estimate only. KWD will endeavour to meet this estimate, however failure to do so shall not confer any right of cancellation or refusal of delivery by the customer, nor render KWD for any loss or damages directly or indirectly sustained by the customer as a result thereof.

 

4.  Installation:

  • 1. Larger tiles and feature tiles are more difficult and time consuming to cut and lay and will incur additional installation charges. Please take note of this when selecting your tiles.
  • 2. KWD accepts no responsibility for inadequate structural support for the surface on which the tiles are laid.
  • 3. Check materials PRIOR to installation as no claims for incorrect or damaged material or for size or shade variation will be accepted after installation.
  • 4. Installation of the materials constitutes acceptance of the materials.
  • 5. It is the customer’s responsibility to ask the tiler to tile hidden areas (eg. Under stove, fridge and furniture) last, so that if additional tiles are required, a different batch will not be as noticeable.
  • 6. It is the customer’s responsibility to ensure that sufficient materials have been purchased prior to installation. We cannot guarantee that additional materials are available or are available in the same shade and size. If there is a requirement to purchase additional materials to match a previous order, the sales person must be advised at the time of order to ensure it is possible. We recommend the customer always keep at least a full box of materials on site for any further maintenance.
  • 7. If quantities have been calculated by a representative from KWD it is up to the customer to double check quantities on site with their tradesperson, KWD will not be held liable for incorrect quantities.
  • 8. All tiles must be laid in accordance with the Australian Building Code and the appropriate Australian Standards.

 

5.  Descriptive Size:

  • 1. The dimensions of the size are nominal dimensions only. All ceramic tiles are fired at high temperatures; so different production runs may produce small size variations, which may differ from their descriptive size. The descriptive size may be rounded to the nearest centimetre.
  • 2. Please discuss with us if you require a size to the exact millimetre.
  • 3. All variations shall be within Australian Standard AS4662-3003.

 

6.  Storage Fee:

  • KWD reserves the right to charge a storage fee which will be advised depending on quantity if the customer’s order is not picked up or delivered within the time indicated in Trading terms and payment requirements’ above.

 

7.   Returns:

  • 1. Claims for the return of materials must be made to KWD within 5 days of delivery by phone or email, and returned within 14 days. If this is not followed then there is a risk that we will not be able to return your order if the shade of the materials is no longer stocked by KWD or its importers.
  • 2. Materials must be of current stock and shade.
  • 3. We must be notified within 24hrs of receipt of materials that are incorrect, duplicated, damaged or faulty.
  • 4. The customer should examine all materials upon receipt.
  • 5. Freight on returns must be prepaid unless due to delivery of incorrect, damaged or faulty materials.
  • 6. Credit will be issued at the invoice price less up to 30% for handling costs (unless the claim is for incorrect, duplicated, damaged or faulty materials), in which case the materials will be replaced or credited at invoice price.
  • 7. The cost of return freight must be paid by the customer.
  • 8. Materials must be received in full, unopened boxes (loose pieces cannot be returned), in the original packaging and not damaged in any way. Mosaics must be in complete, undamaged sheets. No returns accepted on commercial quality material, special offers, sale items, specially manufactured orders or imported orders.

 

8.   Mosaics:

  • 1. Minor chipping and shade variation is an inherent feature of sheeted mosaics.
  • 2. It is the customer’s responsibility to advise the tiler to ensure they are well blended prior to installation.

 

9.   Polished Porcelain:

  • 1. All polished and semi polished porcelain tiles are subject to optical hazing. It is an occurrence that presents as a smoky or smudged finish on the surface of the tile. This occurrence may only be visible depending on the light source reflecting at certain angles off the surface of the tile. It is an inherent characteristic and does not affect the technical performance of the tile.
  • 2. We will not be liable for any claim in relation to optical hazing. Your polished porcelain may require sealing. Please consult with your sales consultant.

 

10.    Crazing:

  • 1. a. Crazing is an inherent feature of gloss tiles and as such is not considered defective of faulty in any way. Crazing is very fine cracks in the glaze, often like fine web like lines.
  • 2. b. We will not be liable for any claim in relation to crazing.

 

11.    Timber:

  • 1. Timber is a natural material and variations in color, texture and other naturally occurring features occur between pieces and batches of the same species. Sanding and finishing also causes variation in appearance.
  • 2. Care should be taken in making a selection based on a single sample as we will not be liable for any claim in relation to variation in timber.

 

12. Natural and Reconstituted Stone:

  • 1. Natural and reconstituted stone may require sealing PRIOR to installation. We recommend such materials are sealed professionally upon installation by a recommended trades person or by sealing products recommended by the sales consultant.
  • 2. Due to the nature of these materials, there can be substantial variation from piece to piece. Please discuss this product fully with your sales consultant prior to purchase.

 

13.    Slip Resistance:

  • 1. Most tiles can become slippery if wet. Please ask for the Australian Tile Council ‘Guidance to assist in Reducing Slip on Floor Tiles within Residential Properties’ from your sales consultant. Select a tile that is appropriate for the area to be tiled.
  • 2. If purchasing tiles for a commercial application, please confirm the slip rating is appropriate for the area prior to purchasing and installing.
  • 3. If you have received Slip Resistance test results for particular materials, it is possible that the performance of the installed material is less than the test results due to factors such as installation method, wear and tear and cleaning methods.

 

14.    Cleaning:

  • No responsibility will be accepted for damage caused to the surface of materials, or change in the slip resistance of the materials due to cleaning, polishing and general maintenance where the cleaners used are not appropriate, or have not been used in accordance with the original manufacturer’s recommendation, or where acid has been used.

 

15.    Protection of Tiles:

  • Consideration should be given to the type of finish of the material chosen in relation to the pedestrian traffic. Gloss tiles will require protection from appropriate door mats and only soft soled shoes at entry points to remove any material such as sand and grit that will cause abrasion to the tiles.
  •  

16.   Warranties:

  • All warranties to the extent permissible are excluded and are hereby excluded in accordance with the Australian Consumer Law.
  •  
  •