ADORE DECOR SA A.B.N. 33646157628 Terms and Conditions of Business

In accepting the quotation from Adore Decor the Customer expressly agrees to be bound by the following terms and conditions.

  1. Definitions

The following words shall have the meaning stipulated below:

‘Adore Decor’ means the entity Adore Decor SA bearing Australian Business Number 33646157628

‘The Customer’ means the person or persons ordering products and or services from Adore Decor.

‘The Parties’ means Adore Decor and the Customer.

‘The Premises’ means the home, business or other location where the Parties have agreed for Adore Decor to install the products selected by the Customer.

‘The Products’ means all items identified as products to be supplied by Adore Decor in accordance with the quotation.

‘The Services’ means all items identified as services to be provided by Adore Decor and or its agents in accordance with the quotation.

 

  1. Applicable Law

This Agreement will be governed by and construed in accordance with the the laws of the State of South Australia and the parties hereto submit to the non-exclusive jurisdiction of the Courts of the State of South Australia including the Courts of Appeal of the State of South Australia.

  1. Waiver

In the event that Adore Decor delays or does not exercise any or all of its rights arising from the terms of this Agreement that delay or non-exercise shall not be construed as a waiver of that right or rights.

  1. Severability

If any provision of this Agreement is found to be void or unenforceable for whatsoever reason the remaining provisions of this Agreement shall remain and subsist to the fullest extent possible having regard to the inoperable provision being severed from the remaining provisions.

  1. Disputes

In the event of any dispute between the parties arising out of this Agreement the Customer and Adore Decor agree that if practicable they shall in the first instance seek to engage in alternative dispute resolution including mediation with the costs of same to be borne equally always provided that Adore Decor shall have the right to commence legal proceedings to enforce the terms of this Agreement in the event that any such dispute is not resolved.

  1. 6. Whole agreement

This Agreement is the whole agreement between the parties and its terms supersede all ora l and written communications by or on behalf of any of the Parties.

  1. Variations

Any variation to the Customer’s order must be agreed to in writing by Adore Decor. Variations may incur additional fees and charges and the customer agrees to pay to Adore Decor any such additional fees and charges as well as the contract price. Adore Decor will use their best endeavours to provide to the customer an estimate of any such additional fees and charges but the Customer expressly acknowledges that commercial exigencies may prevent a detailed breakdown of variation fees and or charges prior to their incurrence. The customer acknowledges that there may arise unexpected exigencies in attending to the variation and the customer expressly agrees that Adore Decor will not be bound by any such estimate in those circumstances.

  1. Product variations

The Customer will select the Products and Adore Decor will use its best endeavours to ensure products supplied are as selected but Adore Decor cannot be held responsible for any variations in product colour, texture or otherwise caused by manufacturing processes or any other events outside of its control.

  1. Completion Date

Adore Decor will use all reasonable endeavours to ensure the work detailed in the quotation is completed by the proposed completion date. However the completion date is only an estimate based upon the circumstances known to Adore Decor as at the date of this Agreement. The Customer expressly agrees that Adore Decor will not be responsible for any loss, damage or expense howsoever arising in relation to any change to the completion date. The Customer expressly agrees that Adore Decor shall not be responsible for any delays arising due to circumstances beyond Adore Decor’s control.

  1. Installation times

Unless specifically provided for otherwise Adore Decor and or its servants and or agents will install the Products during Monday to Friday between 8.30am and 5.00pm (‘the usual installation times’). In the event that the Customer requests installation outside of the usual installation times and Adore Decor agrees to that request then the Customer agrees to pay any and all additional costs and or expenses that may be incurred consequential upon that request. In the event that Adore Decor are unable to gain access to the Premises to carry out the installation the Customer will be liable to pay a call out charge and the Customer will be liable to reimburse any and all expenses incurred by Adore Decor arising from the inability to gain access to the Premises.

  1. Ownership of goods

All goods and products supplied pursuant to this Agreement shall remain the exclusive property of Adore Decor until such time as all sums due under the Agreement have been paid.

  1. Payment

The Customer agrees to pay to Adore Decor and or its agents and or suppliers all such sums as are due pursuant to the Agreement prior to the commencement of any installation or of any other service to be provided under the terms of the Agreement. In the event that the Customer fails to pay any and all such sums as are due pursuant to the Agreement then Adore Decor shall be entitled to commence legal proceedings to recover all outstanding sums, legal costs and to charge interest equivalent to the prevailing court rate applicable to actions before the Magistrates Court of South Australia.

  1. Termination

This Agreement may be terminated by either party providing written notice to the other always provided that in the event that the Customer terminates the Agreement the Customer shall be responsible for any and all liabilities, costs and expenses that Adore Decor has incurred or may have incurred in relation to the Agreement.

  1. Errors and Omissions

Adore Decor has provided its quotation in good faith and aspires to be accurate in all it does. However the Customer acknowledges that errors and or omissions in quotations may occur from time to time and the Customer expressly agrees that Adore Decor will not be responsible for any such errors and or omissions.

  1. Warranties

Always provided that all sums due and payable to Adore Decor and or its servants and agents have been paid in full and on time Adore Decor warrants that: (1) Notwithstanding any additional warranty or guarantee provided by the manufacturer any product supplied to the Customer by Adore Decor pursuant to this Agreement are guaranteed to be free from defects for a period of 1 year from the date of installation. (2) Adore Decor will not be responsible for any costs or fees associated with any manufacturer’s guarantee or warranty independent of this Agreement. (3) Any installation works undertaken by Adore Decor and or its agents are guaranteed for a period of 2 years from the date of installation. (4) In the event that the Customer exercises their rights under any manufacturer’s guarantee or warranty Adore Decor reserves the right to charge their reasonable fees in relation to any associated time spent or expense incurred by them their servants and or agents.