Terms & Conditions

The following are the Terms and Conditions of trade for Nathan Diab t/as Final 

Touch Joinery ABN 25 730 594 520 

“we”, “our” or “us” 

1. Entire agreement 

1.1. Our Terms and Conditions, the original Account Application and 

any Guarantees govern the entire relationship between us, the 

Customer and the Guarantors in connection with the provision of 

our Goods and/or Services. 

1.2. The Customer and the Guarantors acknowledge that they have not 

relied on any representation, inducement, warranty or promise 

which is not set out in our Terms and Conditions, the original 

Account Application and any Guarantees. 

1.3. By placing any order with us, you agree to be bound by these Terms 

and Conditions. 

1.4. These Terms and Conditions are applicable to Joiners and 

Contractors. 

2. Purchase and supply 

2.1. You agree to purchase, and we agree to supply, all Goods and 

Services subject to these Terms and Conditions. 

2.2. You will be bound by our Terms and Conditions upon: 

(i) signing this document; and/or 

(ii) placing a written or oral Purchase Order for our Goods 

and/or Services which we accept. 

2.3. All invoices in respect of Goods delivered shall be deemed to be 

accepted as a correct charge if, after fourteen days from the date 

of receipt of the invoice, you raise no objection to the invoice. 

2.4. A minimum order value may be implemented and varied from time 

to time at our sole discretion. 

2.5. A deposit may be required at our sole discretion. 

3. Updating Terms and Conditions 

3.1. We may update our Terms and Conditions from time to time. We 

will publish our updated Terms and Conditions on our website and 

notify you by email that there has been a change. 

3.2. If no email address is given or an email is returned undeliverable, 

we will send you by ordinary mail either a copy of the updated 

Terms and Conditions or written notice of the change and a link to 

our website. 

3.3. By placing a written or oral Purchase Order for our Goods and/or 

Services after we have updated our Terms and Conditions you 

confirm that you have read and accept such updated terms and 

conditions. 

4. Electronic Transactions Act 2000 

4.1. If you use an electronic signature, you hereby confirm that such 

signature is being applied to prove your intention to be bound by 

these Terms and Conditions and is used in accordance with section 

9 of the Electronic Transactions Act 2000 (NSW) or any equivalent 

legislation governing the use of electronic signatures. 

5. Information 

5.1. You agree to provide us with immediate written notice upon a 

change of your corporate details, such as organisation name, ABN, 

principal place of business, directors or Trustees. 

5.2. You acknowledge and agree that: 

(i) You will provide all relevant information to enable us to 

supply the correct Goods or perform the Services in a timely 

and proper manner. 

(ii) We will rely upon the accuracy and completeness of your 

information, and you hereby warrant to us the accuracy and 

completeness of all such information. 

5.3. If we have provided you with any representations or information 

in connection with the Goods and Services, you acknowledge that 

you have conducted your own enquiries and formed your own 

opinion as to the correctness or appropriateness of such 

representations or information and the Goods themselves. 

5.4. Any specifications or details we provide you with respect to the 

Goods are our best estimates and any deviation does not entitle 

you to make any claim against us. 

5.5. Any sample provided is merely to indicate the general nature of 

the product and we do not warrant that Goods supplied will 

correspond exactly with any sample or with any previous or future 

Goods supplied. 

6. Quotes and price 

6.1. Upon providing the plans which have been drawn by us, we may 

provide you with a Quote for the supply of Goods and/or Services. 

6.2. Quotes are valid for 14 days. 

6.3. We are not obliged to supply the Goods and/or Services until the 

Quote has been accepted by you in writing or by way of approval 

of the drawing. 

6.4. All Goods and Services are subject to availability and scheduling. 

6.5. All Goods will be invoiced at the price in effect at the time of 

approval of the plans and in accordance with the price list which 

charges per the sheet. 

6.6. We reserve the right to alter our prices at any time without prior 

notification. 

7. Revisions 

7.1. We allow for three (3) revisions to the plans which have been 

drawn by us at no cost. 

7.2. We are at liberty to charge an additional $500 or 10% of the Quote, 

whichever we deem appropriate, for any further revisions after the 

initial three accounted for in clause 7.1. 

8. Orders 

8.1. Any information that we provide in respect of the Goods including 

information in any advertising or promotional material does not 

constitute an offer by us and is subject to the availability of the 

Goods. 

8.2. By placing a Purchase Order with us, you are offering to purchase 

our Goods at the applicable price as at the date of dispatch from 

our warehouse or store. We reserve the right to accept or reject 

your offer. 

8.3. You hereby acknowledge that you are additionally liable for the 

cost of any delivery, transportation, freight, postage, packaging, 

crating, handling, taxes, duties, fees, charges and insurance 

applicable to the Goods. 

8.4. Once a the Quote is accepted by you, we may immediately incur 

costs and expenses associated with filling that order. You hereby 

agree that if a Quote is accepted by you and subsequently 

cancelled, you are liable for any such costs and expenses, any loss 

suffered by us or any claim against us by a third party with respect 

to that Order. You hereby indemnify us (without set-off or 

deduction) for all amounts associated with such loss, costs, 

expenses or claim, including legal costs on an indemnity basis. 

9. Tax invoices and GST 

9.1. Unless stated otherwise in writing, all prices which we quote or 

estimate to you are inclusive of GST. 

9.2. Where GST is payable on a Taxable Supply, we will provide you with 

a Tax Invoice and you must pay the GST. 

10. Payment 

10.1. Where credit has not been extended to you, you must pay the 

Amount Due for the Goods and/or Services in full prior to collection 

or delivery. 

10.2. Where credit has been extended to you, payment must be made 

within 30 days from the date of invoice. 

10.3. We may notify you in writing of an extension of the time in which 

you are permitted to pay the Amount Due. 

10.4. If any payments are not made on time or in full, we may in our 

absolute discretion do any or all of the following: 

(i) Reduce or cancel any of your current orders which remain 

unfulfilled; 

(ii) Refuse to supply you with further Goods and/or services; 

(iii) Require you to pay the entire amount outstanding prior to 

further Goods being delivered; 

(iv) Engage a mercantile agent and/or commence legal 

proceedings to recover the debt; 

(v) Notify the relevant credit reporting bodies; 

(vi) Terminate this agreement in writing. 

10.5. You are required to pay the Amount Due with no deduction or set￾off, subject to the following clause. 

10.6. In the event of a dispute, the complete undisputed portion of the 

Amount Due must be paid to us in full within 30 days of the date 

of invoice and the Dispute Resolution clause will apply. 

10.7. In the event of non-payment of any non-disputed amount, we may 

in our absolute discretion do any or all of the things listed at items 

(i) to (vi) above. 

10.8. For joinery orders under $10,000, the following payment schedule 

is applicable: 

(i) 50% deposit upon acceptance of quote; and 

(ii) 50% final payment paid within 7 days of completion of 

installation, or once the final invoice is issued, whichever is 

sooner. 

10.9. For joinery orders above $10,000, the following payment schedule 

is applicable: 

(i) 25% deposit upon acceptance of quote; 

(ii) 25% progress payment upon approval of drawing; 

(iii) 35% on delivery of carcass; and 

(iv) 15% final payment paid within 7 days of completion of 

installation, or once the final invoice is issued, whichever is 

sooner. 

10.10. For contractor orders, the following payment schedule is 

applicable: 

(i) 50% deposit upon acceptance of quote and drawings; and 

(ii) 50% deposit upon acceptance joinery. 

(iii) Only upon payment of the Amount Due, will Goods be 

released to the contractor. 

11. Payment methods 

11.1. All payments must be made by cash, bank cheque, Visa or 

Mastercard (plus surcharge), electronic online banking or cheque 

(subject to written approval) prior to the delivery or collection of 

Goods. 

11.2. Payments must be made without any deduction for fees or charges 

imposed by your bank and or any third parties. 

11.3. Payments other than cash shall not be deemed to be made until 

that form of payment has been honoured or cleared. 

12. Charge 

12.1. To secure the due and punctual performance of your obligations 

under these Terms and Conditions, including but not limited to the 

payment of any money, you hereby charge in our favour all of your 

rights, title and interest (whether held jointly, solely or beneficially) 

in any real property held or owned by you either now or in the 

future. 

12.2. You authorise and consent to us lodging and maintaining a caveat 

on title of any real property held or owned by you (whether jointly, 

solely or beneficially) and hereby agree not to issue a lapsing notice 

to have the caveat removed until such time as all monies owing to 

us have been paid by you. 

12.3. You hereby indemnify us from and against all losses, costs and 

disbursements including legal costs on an indemnity basis incurred 

in exercising our rights under this clause. 

13. Dispute resolution 

13.1. Apart from legal action initiated by us with respect to the recovery 

of a debt, if a dispute arises one party must give the other party 

written notice of the dispute and the parties must make a genuine 

attempt to identify the issues in dispute and resolve such issues 

immediately and in a co-operative manner prior to commencing 

legal or administrative proceedings. 

14. Default 

14.1. The failure to pay the Amount Due in full and on time is a breach 

of these Terms and Conditions. Upon such breach, all amounts 

payable by you to us become immediately due and owing. We may 

withhold further deliveries of any Goods, cancel any pending 

orders and recover our Goods, and report the breach to a credit 

reporting agency. 

14.2. You hereby agree to indemnify us from and make good any loss or 

damage incurred or suffered by us as a result of your failure to pay 

the Amount Due in full and on time or due to any other breach of 

these Terms and Conditions. 

14.3. If you do not pay the Amount Due in full in accordance with these 

Terms and Conditions, then you must pay to us interest charged at 

the Commonwealth Bank’s Benchmark Business Lending Indicator 

Rate, as published from time to time, plus 2% per annum on the 

balance of the Amount Due for the period from and including the 

due date for payment until the date that payment of the Amount 

Due is made in full. You hereby agree and accept that this is a 

genuine pre-estimate of our loss. 

14.4. You agree to pay any costs, charges and expenses incurred by us in 

exercising our rights to recover the Amount Due including but not 

limited to mercantile agency fees and commission and legal costs 

on an indemnity basis in bringing debt recovery proceedings or a 

claim for breach of these Terms and Conditions. 

15. Risk in the Goods 

15.1. The risk in the Goods and all insurance responsibility for theft, 

damage or otherwise in respect of the Goods passes to you 

immediately upon collection from our premises, upon delivery of 

the Goods to the agreed delivery address or upon delivery to your 

nominated carrier. 

15.2. Until property in and ownership of the Goods passes to you, you 

must keep the Goods insured and produce to us, upon demand, 

evidence of such insurance. If you fail to insure the Goods, we may 

do so and the cost of such insurance shall be payable by you to us 

upon demand. 

15.3. To the extent permitted by law, we exclude liability for any damage 

to the Goods sustained in transit. 

15.4. If any of the Goods are lost, damaged or destroyed following 

delivery but prior to ownership passing to you, we are entitled to 

receive all insurance proceeds payable for the Goods. You hold 

such insurance proceeds on trust for us. The production of a copy 

of these terms and conditions by us is sufficient evidence of our 

rights to receive the insurance proceeds. 

15.5. If you ask us to leave the Goods outside our factory or store for 

collection or ask us to deliver the Goods to an unattended location 

then such Goods shall be left at your sole risk. 

16. Insolvency Event 

16.1. Any of the following events are taken to be an Insolvency Event: 

(i) an application or order is made, a resolution is passed or 

proposed, or other steps are taken for the winding up, 

dissolution, official management or voluntary 

administration of a customer; 

(ii) a customer enters into any arrangement, composition or 

assignment for the benefit of its creditors or any class of 

them; 

(iii) a receiver, a receiver and manager, administrator or other 

officer is appointed to the customer or any part of its 

property; 

(iv) a third party attempts to levy execution against the 

customer`s property or the Goods; 

(v) the Customer ceases, suspends or threatens to cease or 

suspend the conduct of its business or disposes of or 

threatens to dispose of its assets other than in the ordinary 

course of business; 

(vi) the Customer is or is deemed to be unable to pay its debts 

as and when they fall due, or stops or suspends payment of 

its debts; 

(vii) in the case of the Customer being a natural person, the 

customer commits an act of bankruptcy; 

(viii) we of the view, acting reasonably, that any of the above will 

or are likely to occur. 

16.2. If an Insolvency Event occurs, we may terminate any and all 

contracts between us and you, suspend, withhold further deliveries 

of any Goods, cancel any pending orders, enter onto your premises 

and recover our Goods, and refuse the further supply of any Goods. 

This clause does not limit or otherwise prejudice any other rights we 

may have. 

16.1. You hereby indemnify us from and against all losses, costs and 

disbursements including legal costs on an indemnity basis or any 

liability to any third party incurred in exercising our rights under this 

clause. 

17. Intellectual property 

17.1. You hereby agree not do any of the following, nor assist anyone 

else to do any of the following, and you agree to take active steps 

to ensure that all employees, agents and contractors do not do 

any of the following: 

(i) copy, memorise, reproduce, misappropriate or reverse 

engineer the whole or any part of the plans drawn by us or 

Services provided to you; 

(ii) challenge, contest or oppose any of our intellectual 

property rights; 

(iii) use any name or logo associated with the goods other than 

as we authorise you; 

(iv) divulge our confidential information to any person or use it 

for your own benefit except as we have expressly 

authorised or as required by law. 

18. Indemnity 

18.1. You hereby indemnify us and our directors, contractors and agents 

against any loss, claim, demand, suit, action or proceeding brought 

against us or them arising from any breach of these terms and 

conditions by you or from your misuse of our goods. 

19. Privacy 

19.1. Our full Privacy Policy may be found at 

https://finaltouchjoinery.wixsite.com/finaltouchjoinery 

19.2. These terms should be read in conjunction with our full Privacy 

Policy. 

19.3. This clause and our full Privacy Policy also apply to all Guarantors. 

19.4. You agree for us to obtain from a credit reporting agency a credit 

report containing personal credit information about you in relation 

to credit provided or to be provided by us. 

19.5. You agree that we may exchange information about you with your 

trade referees or entities named in a consumer credit report issued 

by a credit reporting agency for the following purposes: 

(i) To assess your application; and/or 

(ii) To notify other credit providers of a default by you; and/or 

(iii) To exchange information with other credit providers as to 

the status of your credit account, where you are in default 

with other credit providers; and/or 

(iv) To assess your creditworthiness. 

19.6. You acknowledge that the information exchanged can include 

anything about your creditworthiness, credit standing, credit 

history or credit capacity that credit providers are allowed to 

exchange under the Privacy Act 1988. 

19.7. You hereby consent to us being given a consumer credit report for 

the purposes outlined in section 18K(1) of the Privacy Act 1988. 

19.8. You agree that personal credit information provided may be used 

and retained by us for the following purposes (and for other 

purposes as shall be agreed between you and us or permitted by 

law from time to time): 

(i) provision of Goods and/or Services; 

(ii) marketing of Goods and Services by us, our agents or 

distributors; 

(iii) analysing, verifying and/or checking your credit, payments 

and/or status in relation to the provision of Goods and/or 

Services; 

(iv) processing of any payment instructions, direct debit 

facilities and/or credit facilities requested by you; 

(v) enabling the daily operation and management of your 

account and/or the collection of the amounts outstanding 

in your account in relation to the Goods or Services. 

19.9. We may give information about you to a credit reporting agency 

for the following purposes: 

(i) to obtain a consumer credit report; 

(ii) to allow the credit reporting agency to create or maintain a 

credit information file containing information about you. 

19.10. The information given to the credit reporting agency may include: 

(i) Personal particulars (if applicable, your name, sex, address, 

previous addresses, date of birth, name of employer and 

driver’s license number); 

(ii) Details concerning your application for credit or commercial 

credit and the amount of credit requested; 

(iii) Advice that we are a current credit provider to you; 

(iv) Advice of any overdue accounts, loan payments, and/or any 

outstanding monies owing which are overdue by more than 

sixty (60) days, and for which debt collection action has 

been started; 

(v) That your overdue accounts, loan repayments and/or any 

outstanding monies are no longer overdue in respect of any 

default that has been listed; 

(vi) Information that, in our opinion, you have committed a 

serious credit infringement or shown an intention not to 

comply with your credit obligations; 

(vii) Advice that cheques drawn by you have been dishonoured 

more than once; 

(viii) That credit provided to you by us has been paid or 

otherwise discharged. 

20. Limitation of liability 

20.1. To the extent permissible under the Competition and Consumer Act 

2010 (Cth) our liability for any breach of warranty or guarantee in 

relation to the supply of Goods arising under that Act is limited to, 

at our discretion: 

(i) providing you with a refund; or 

(ii) repairing or replacing the Goods within one month after the 

Goods have been dispatched, or 

(iii) for services, supplying the service to you again. 

20.2. The maximum amount of refund that is payable to you in 

accordance with this clause is the amount which you have paid to 

us for the Goods and/or Services. 

20.3. We have no liability to replace or repair any Goods where: 

(i) the alleged defects do not directly relate to our faulty 

materials or workmanship; or 

(ii) the goods have received maltreatment, inattention, 

modification or interference by you or a third party; or 

(iii) The Goods have been used, applied, packaged or stored 

other than in accordance with these Terms and Conditions; 

or 

(iv) products not manufactured by us or approved by us have 

been used or comingled with the goods. 

20.4. You agree that we may (at no cost) use for the purpose of 

marketing any documents, designs, drawings or Goods which we 

created for you. 

21. Exclusions 

21.1. You agree that use of the Goods and Services is at your risk. To the 

full extent allowed by law, our liability for breach of any term 

implied into these Terms and Conditions is excluded. 

21.2. All information, specifications and samples provided by us in 

relation to the Goods or Services are approximations only and, 

subject to any guarantees under the Australian Consumer Law, 

small deviations or slight variations from them which do not 

substantially affect your use of the Goods will not entitle you to 

reject the Goods upon delivery, or to make any claim in respect of

them. 

21.3. Any advice, recommendation, information, assistance or service 

given by us in relation to Goods or Services or both, is given in good 

faith. It is provided without any warranty as to accuracy, 

appropriateness or reliability. We do not accept any liability or 

responsibility for any loss suffered as a result of your reliance on 

such advice, recommendation, information, assistance or service. 

21.4. To the fullest extent permissible at law, we are not liable for any 

direct, indirect, punitive, incidental, special, consequential 

damages or any damages whatsoever including, without limitation, 

damages for loss of use, data or profits, arising out of or in any way 

connected with the provision of (or failure to provide) Goods or 

Services whether based on terms and conditions of trade, 

negligence, strict liability or otherwise, even if we have been 

advised of the possibility of damages. 

22. Warranty as Trustee 

18.1. If you are entering into these Terms and Conditions as the Trustee 

of a trust (either corporate or personal), then you warrant and 

represent to us that: 

(i) The Trustee will be liable to us personally / directly as well 

as in its capacity as Trustee; 

(ii) all of the powers and discretions conferred on the Trustee 

by the trust deed are capable of being validly exercised by 

the Trustee and have not been varied or revoked and the 

relevant trust is a valid and subsisting trust; 

(iii) The Trustee is the sole trustee of the trust and has full and 

unfettered power under the trust deed to enter into these 

Terms and Conditions and that these Terms and Conditions 

are being executed and entered into as part of the due and 

proper administration of the trust for the benefit of the 

beneficiaries of the trust; 

(iv) That you will immediately advise us of any change of 

Trustee; and 

(v) no restrictions on the Trustee’s right of indemnity out of, or 

lien over, the trust’s assets exist or will be created or 

permitted to exist and that right will have priority over the 

right of the beneficiaries to the trust’s assets. 

23. Misleading or false information 

23.1. You hereby acknowledge and accept that in the event of the supply 

of false, inaccurate and/or misleading information by you or any 

representative: 

(i) such action shall constitute a breach of contract and may 

cause us loss or damage; and 

(ii) we may immediately reduce or cancel any credit extended 

and terminate this agreement and any associated 

agreement; and 

(iii) you shall be liable for any loss incurred or damage suffered 

by us including but not limited to, any costs, expenses, 

charges, commissions, outgoings or loss of profits arising 

from the supply of false, inaccurate and/or misleading 

information. 

24. Jurisdiction & governing law 

24.1. These Terms and Conditions are governed by the laws of the 

Commonwealth and the State in which the documents are 

executed by us. 

24.2. We have the exclusive right to nominate any jurisdiction in which 

any legal action is to be commenced and conducted. 

25. General

25.1. Our records are conclusive about the Amount Due; 

25.2. You may not assign any of your rights under these terms without 

our written authorisation; 

25.3. A waiver by us of any rights arising due to any breach, default or 

omission is only effective if it is in writing and shall not be deemed 

to be a waiver of any other unspecified rights. 

25.4. If any provision of these terms and conditions shall be invalid, void, 

illegal or unenforceable, the validity, legality and enforceability of 

the remaining provisions shall not be affected, prejudiced or 

impaired. 

25.5. Neither party shall be liable for any default due to any act of God, 

war, terrorism, strike, lock-out, industrial action, fire, flood, storm 

or other force majeure event beyond the reasonable control of 

either party. 

25.6. You warrant that you have the authority to enter into this 

agreement and have obtained all necessary internal authorisations 

to allow you to do so. 

26. Interpretation 

26.1. Headings do not affect interpretation. 

26.2. All references to the singular includes the plural and vice versa. 

26.3. Person includes a firm or body corporate, an incorporated body, 

association or authority. 

26.4. A reference to a person includes its executors, administrators, 

successors and permitted assigns. 

26.5. Where two or more persons are a party, they are bound jointly and 

severally. 

27. Definitions 

In these Terms and Conditions: 

(i) Agreement means the contract formed by your Credit Application, 

our acceptance and these Terms and Conditions. 

(ii) “Amount Due” means either: 

a. the amount stated on any Invoice issued to you; 

b. the sum of all such Invoices; 

c. the price; or 

d. quoted price, whichever is higher. 

(iii) “Customer” includes a company, partnership, sole trader or trustee. 

(iv) “Goods” means any custom joinery we have cut in our factory and 

supplied to you or will supply to you in the future; 

(v) “GST” has the same meaning as in the A New Tax System (Goods and 

Services Tax) Act 1999; 

(vi) “Guarantor” means the persons named in any corresponding 

Guarantee and Indemnity. 

(vii) “Purchase Order” or “Order” means an oral or written purchase order 

placed in accordance with our usual course of business; 

(viii) “Quote” means a verbal or written estimate of the amount to be 

charged by us; 

(ix) “Rates” means the unit rate shown on the face of the Quote or 

otherwise used to calculate the prices in the quotation and/or Order. 

(x) “Services” means any Services we are to supply or have supplied to 

you including installation of cabinetry. 

(xi) “Store” means any of our stores. 

(xii) “Supplier” means any third-party supplier of the Goods to us. 

(xiii) “Tax Invoice” and “Taxable Supply” have the same meaning as in the 

A New Tax System (Goods and Services Tax) Act 1999; 

(xiv) “Terms and Conditions” means these Terms and Conditions and any 

amendments to these Terms and Conditions made by us from time 

to time.