TERMS AND CONDITIONS OF SALE
1. Definitions
1.1 “Narellan Home Improvement Centre” shall mean AMK Topnotch constructions PTY
LTD trading as Narellan Home Improvement Centre, or any agents, contractors and
employees hereof.
1.2 “Client” shall mean the client, any person acting on behalf of & with the authority of
the client, or any person purchasing products & services from Narellan Home
Improvement Centre.
2. Payments
2.1 The client agrees to make progress payments as requested. Failure to do so will
cancel all further works until such time progress payments are paid. The client agrees to
pay the full invoice amount on the completion of works.
2.2 Credit card & cash payments, direct transfer or eftpos payments accepted only. I give
permission to Narellan Home Improvement Centre to carry out transactions over the
phone using my credit card details for the value of the invoice amount or as per payment
arrangement i.e.deposit or progress payments.
2.3 A credit card transaction fee of 1% applies to all credit card payments.
2.4 Any payments which fall overdue shall incur a late fee of 10% per annum calculated
daily from the date of final invoice until paid in full.
2.5 All quoted works are subject to variations as required & are at the discretion of
Narellan Home Improvement Centre in order to carry out & complete works to
Australian & Safety Standards. All variations will incur further fees & charges in
addition to the original quoted amount.
2.6 Narellan Home Improvement Centre’s fees & charges are subject to change without
notification to the client.
2.7 Additional fees & charges shall apply to any work outside of normal business hours
0700 to 1700 Monday to Friday.
2.8 I accept that all invoices shall be provided in categories of Installation, or material for
DIY kits, & GST only. Itemised accounts will not be issued unless elected by Narellan
Home Improvement Centre.
2.9 Unless otherwise specified, all prices are discounted based on an EFT or cash payment.
Finance and credit card payments will not be discounted.
3. Goods
3.1 All goods shall remain the property of Narellan Home Improvement Centre until such
time payment is received in full.
4. Cancellation
4.1 Narellan Home Improvement Centre may cancel these terms & conditions or cancel
delivery of goods & services at any time, giving at least 24 hours written advice. Narellan
Home Improvement Centre shall not be liable for any loss or damage what-so-ever arising
from such cancellation of goods & services delivery, or terms & conditions.
4.2 The client must provide Narellan Home Improvement Centre any notice to cancel
works or amendments to the original quotation, in writing, prior to ordering materials
necessary to complete installation. Failure to do so will incur full payment of the materials,
plus 10%.
4.3 Placing a deposit with Narellan Home Improvement Centre secures & confirms your
job. Where a deposit has been paid to Narellan Home Improvement Centre, deposits are
non-refundable.
5. Warranty
5.1 Warranty shall be valid as per the material supplier’s warranty (unless otherwise
stated) from invoice date. Warranty shall only be valid on exact location & works as
carried out by Narellan Home Improvement Centre. The Client must provide the original
invoice for proof of works.
5.2 Any modification to materials without the written consent of Narellan Home
Improvement Centre shall void all warranty. It is the sole responsibility of the client to
arrange an appointment with Narellan Home Improvement Centre for any modifications to
the installation.
5.3 The Client shall inspect the goods & works on completion & must report any defects to
parts or installation works within 48 hours in writing to Narellan Home Improvement
Centre of any alleged defects, shortage in quantity or damage. The client shall provide
Narellan Home Improvement Centre an opportunity to inspect the alleged damage /
defect within 14 working days from date of written notification & give Narellan Home
Improvement Centre the opportunity to make good to Australian & reasonable standards
within 14 working days.
5.4 Narellan Home Improvement Centre reserves the right to repair any minor defects to
materials.
6. Intellectual Property
6.1 Where Narellan Home Improvement Centre has designed or drawn Goods for the
Client, then the copyright in those designs & drawings shall remain vested in Narellan
Home Improvement Centre, & shall only be used by the Client at Narellan Home
Improvement Centre’s discretion & with written consent to do so.
7. Client’s Disclaimer
7.1 The client hereby disclaims any right to rescind, or cancel the contract or to sue for
damages or to claim restitution arising out of any misrepresentation made to him/her
by any servant or agent of Narellan Home Improvement Centre & the Client
acknowledges that he/she buys the services of Narellan Home Improvement Centre
relying solely upon his/her own skill & judgment & Narellan Home Improvement
Centre shall not be bound by nor responsible for any term, condition, representation
or warranty other than the warranty given by the Manufacturer which warranty shall be
personal to the Client & shall not be transferable to any subsequent Client. The Client
acknowledges that they fully understand the design of, and installation process for,
the quoted works, as outlined in the original quotation and floorplan.
8. Underground Services
8.1 The Client will indemnify Narellan Home Improvement Centre & keep Narellan Home
Improvement Centre indemnified against any liability, loss, claim or proceedings of any
kind (whether arising under statute or common law) arising from services which are
buried or unseen being disturbed or damaged. Narellan Home Improvement Centre will
not be liable for any repair work & any repair work required will be paid at the Client’s
expense. Such liability, loss, claims or proceedings includes but is not limited to a)
Damage to the property, real or personal; b) Death or personal injury; & c) Consequential
or economic loss of any kind.
9. Rock & Filled Ground
9.1 Unless specifically included in written quotes &/or estimates, rock excavation, dewatering
or supportive work such as pier & beams for filled or made up ground will be charged out as
a variation to the original price. Quotation is based on excavation of clean soils only, unless
otherwise specifically stated in writing.
9.2 Existing soils shall be returned to excavated areas where possible & ground shall be left
filled. Landscaping and concrete works are not included in quotation unless specified by
Narellan Home Improvement Centre in writing. All concrete, paving and landscape works
including shrub / plant & lawn replacement will be treated as a variation to the originally
quoted works.
9.3 All electrical, water, gas and telephone lines underground that are damaged, costs will
be met by the client.
10. Dispute Resolution
10.1 There be any dispute relating to building practice, Narellan Home Improvement
Centre will only accept the ruling of Department of Fair Trading, however the owner
shall adhere strictly to the payment terms of this Contract.
Client Initial:
10.2 At any such conference each party shall be represented by a person having authority
to agree to a resolution of the dispute. In the event that the dispute cannot be so resolved
either party may by further notice in writing delivered or sent by certified mail to the other
party refer such dispute to arbitration.
10.3 Any arbitration shall be referred to NSW Department of Fair Trading.
11. Compliance with Laws
11.1 The Client agrees that the site will comply with any occupational health & safety laws
relating to building/construction sites & any other relevant safety standards or
legislation.
12. General
12.1 Neither party shall be liable for any default due to any “act of God”, war, terrorism,
strike, lockout, industrial action, fire, flood, drought, storm or other event beyond the
reasonable control of either party.
12.2 Narellan Home Improvement Centre does not accept any responsibility for damage
to property during works being carrying out.
12.3 From the commencement of this contract, the Client agrees to never publicly defame
Narellan Home Improvement Centre, its employees, contractors and affiliates. This
includes, but is not limited to, internet, social media, newspaper, television, email,
telephone or text message.
12.4 Boundary pegs are to be marked by the Client Narellan Home Improvement Centre
rescinds any responsibility if not.
12.5 Narellan Home Improvement Centre shall not be held liable for any such delays for
work not being completed due to weather conditions, shortage of labour hire, machinery
or materials outside the direct control of Narellan Home Improvement Centre.
12.6 In the event of any breach of this contract by Narellan Home Improvement Centre,
the remedies of the Client shall be limited to damages. Under no circumstances shall
the liability of Narellan Home Improvement Centre exceed the Price of the Goods.
12.7 Narellan Home Improvement Centre reserves the right to review & make changes to
these terms & conditions at any time.