Terms of Service, Welcome to Elite Cabinetry,These Terms of Service govern your relationship with us regarding the design, manufacture, supply, and installation of custom kitchen cabinet systems, joinery, and interior millwork solutions. By requesting a quote, approving a design, paying a deposit, or engaging our services, you agree to be bound by these comprehensive terms, forming a legally binding agreement between you and Elite Cabinetry.
1. Definitions and Interpretation
To ensure complete clarity throughout this document, the following terms shall have the meanings defined below:
- "Company," "We," "Us," or "Our" refers to Elite Cabinetry, including our employees, sub-contractors, and authorized representatives.
- "Client," "You," or "Your" refers to the individual, business, or entity purchasing products or hiring services from Elite Cabinetry.
- "Products" refers to all physical items supplied by us, including but not limited to kitchen cabinets, custom joinery, island benches, benchtops, pantry systems, hardware, and accessories.
- "Services" refers to professional activities undertaken by us, including interior design consultation, site measurement, 3D rendering, project drafting, custom manufacturing, delivery, and professional installation.
- "Site" refers to the physical location designated by the Client where the physical measurements are taken and where the products are to be delivered and installed.
- "Contract" refers to the collective agreement consisting of these Terms of Service, the final approved design drawings, the accepted written quotation, and any approved variation orders.
2. Scope of Services and Products
Elite Cabinetry specializes in high-end residential and commercial kitchen interior projects. Our core business involves designing, manufacturing, and installing premium Kitchen cabinets and integrated storage solutions tailored to the specific architectural layout of your space.
Our services are structured as a multi-stage process, starting with an initial concept consultation, proceeding through detailed architectural drafting, moving into state-of-the-art local manufacturing, and concluding with precision on-site installation. While we work closely with associated trades such as plumbers, electricians, plasterers, and stone masons to coordinate your project, our direct contractual obligations are strictly limited to the supply and installation of the cabinetry and Joinery specified in your written quote.
3. Consultation, Design, and Client Approvals
Every successful kitchen transformation begins with a precise design phase. We rely on your active participation and timely sign-offs to keep your project on schedule and within budget.
3.1 Concept and Design Consultations
Initial design consultations are conducted to establish the aesthetic direction, functional requirements, and material preferences for your home. Any drawings, sketches, or 3D digital renderings provided during this stage are conceptual representations. They are intended to illustrate the general layout, style, and flow of your kitchen space and should not be used as final manufacturing plans.
3.2 Final Shop Drawings and Sign-Off
Prior to commencing production in our workshop, we will provide you with a comprehensive set of technical shop drawings. These drawings will detail exact cabinet dimensions, door opening directions, internal shelving configurations, material selections, edge profiles, and hardware specifications. It is your sole responsibility to review these drawings thoroughly. Your signature or written approval of these drawings represents a final directive to manufacture. We accept no liability for design elements, sizing discrepancies, or material placements that match the drawings signed off by you.
3.3 Site Measurements and Structural Alterations
Our team will conduct a professional physical site measurement prior to finalizing manufacturing specifications. If you, your builder, or your subcontractors make any alterations to the structural layout, walls, flooring, plastering, or ceiling heights of the site after we have completed our physical measurements, you must notify us immediately in writing. Failure to do so will void any fitting guarantees, and any subsequent modifications required to make the cabinetry fit your modified space will be billed as a costly variation.
4. Materials, Natural Variations, and Disclosures
We source premium materials to craft our cabinetry. However, working with natural and engineered materials involves unique characteristics that you must understand and accept as part of your purchase.
4.1 Natural Timber and Veneers
Timber is a natural product subject to organic variations in color, grain pattern, knots, and texture. No two pieces of natural wood veneer are identical. Exposure to direct sunlight, artificial UV light, and general atmospheric conditions will cause timber to age, mature, and shift in color over time. These organic shifts are considered characteristics of natural beauty, not manufacturing defects, and we cannot guarantee exact matches to showroom samples or timber swatches.
4.2 Polyurethane and Painted Finishes
For painted cabinet surfaces, we utilize high-durability polyurethane coatings. While we match colors to recognized industry paint charts (such as Dulux or Taubmans), slight color variances may occur between different paint batches. Furthermore, exposure to kitchen grease, cooking oils, household cleaning chemicals, and sunlight can alter paint colors over years of use. If you order additional cabinet components at a later date, we cannot guarantee an identical color match to your existing cabinetry due to natural aging and batch variations.
4.3 Thermofoil, Laminates, and Melamine
Engineered surfaces offer outstanding durability and consistency. However, high temperatures can cause laminates or thermofoil edges to delaminate. You must ensure that heat-generating appliances, such as ovens, kettles, toasters, and air fryers, are not operated directly under or adjacent to cabinet doors and panels without adequate heat shields or clearance. Damage resulting from direct heat exposure is not covered by our product warranty.
4.4 Benchtops and Stone Integration
If your project includes engineered or natural stone benchtops supplied through our trade partners, you acknowledge that stone slabs feature unique veining, pitting, and texture. While we coordinate with stone fabricators, the structural integrity of your sub-floor and cabinetry support must meet trade standards to prevent sagging or cracking of heavy stone tops over time.
5. Pricing, Quotations, and Payment Structure
To maintain fairness and financial transparency, all projects are managed under a strict payment milestone schedule. We do not begin work on any phase without the clearing of the corresponding payment.
5.1 Validity of Quotes
All written quotations provided by Elite Cabinetry are valid for a period of thirty (30) days from the date of issue. After this period, prices are subject to change without prior notice to reflect fluctuations in material costs, logistics, and labor rates.
5.2 Milestone Payment Schedule
Unless alternative payment structures are agreed upon in writing and signed by our director, our standard progress payment structure is as follows:
- Deposit (10% of total contract value): Required to secure your production slot in our manufacturing schedule, initiate detailed shop drawings, and begin material ordering. This deposit is non-refundable once design drafting has commenced.
- Pre-Production Progress Payment (40% of total contract value): Required upon your final sign-off on the shop drawings and before we cut or assemble any raw materials in our factory.
- Pre-Delivery Progress Payment (40% of total contract value): Payable upon completion of manufacturing and prior to the dispatch of products from our warehouse to your site. We will not schedule a delivery or installation date until this payment has cleared in full.
- Final Balance (10% of total contract value): Due immediately upon practical completion of the cabinetry installation on site. Practical completion is defined as the point where the cabinetry is structurally secure, functional, and ready for use, notwithstanding minor cosmetic adjustments or outstanding third-party trade integrations.
5.3 Retention of Title (Rompa Clause)
Ownership and legal title of all kitchen cabinets, panels, hardware, and goods supplied by us remain solely with Elite Cabinetry until we have received payment in full for all sums outstanding. Until title passes to you, you must store the goods in a manner that clearly identifies them as our property. If payment is defaulted, we reserve the irrevocable right to enter the site or any premises where our products are stored to reclaim and remove our property without liability for trespass or damage caused by necessary extraction.
6. Site Conditions and Client Responsibilities
The efficiency and safety of our delivery and installation teams depend heavily on your preparation of the installation site. A delay on your part directly affects our ability to deliver a flawless finish.
6.1 Structural Integrity and Leveling
The client is solely responsible for ensuring that all walls, sub-floors, and ceilings are structurally sound, plumb, and level. Our cabinetry is manufactured to true horizontal and vertical planes. If your walls are bowed, or if your floors slope significantly, our installation team will use standard industry packers and fillers to level the cabinetry. However, we are not responsible for rectifying pre-existing structural issues. Extensive remedial work required to correct out-of-plumb walls or uneven floors will incur additional labor charges.
6.2 Clearing the Worksite
Before our delivery and installation teams arrive on site, you must ensure that:
- The existing kitchen, including old cabinetry, appliances, sinks, and splashbacks, has been fully decommissioned, demolished, and removed from the room, unless our contract explicitly states we are handling demolition.
- The workspace is clean, swept, free of construction dust, and clear of other trades, furniture, or debris.
- All pets, children, and unauthorized personnel are kept clear of the workspace for safety and liability reasons.
6.3 Trade Coordination
Elite Cabinetry does not perform electrical, plumbing, plastering, gas-fitting, or tiling services. You must hire licensed professionals to carry out these services. It is your responsibility to ensure that your plumber and electrician are scheduled to disconnect old utilities before our arrival and reconnect new appliances, sinks, and taps only after our cabinetry installation has reached practical completion. Any delays caused by the absence or tardiness of your independent trade contractors will result in wait-time fees charged at our current hourly rates.
7. Delivery, Storage, and Risk of Loss
Managing the transport of delicate, custom-built kitchen cabinetry requires careful logistics and prompt communication.
7.1 Delivery Schedule and Access
We will coordinate a mutually agreeable delivery date with you. You must provide safe, unobstructed, and direct access to the installation area. This includes a clear pathway from our transport vehicles to the entry doors, free of mud, steep terrain, loose scaffolding, or unfinished walkways. If our delivery team deems access unsafe, we reserve the right to unload the products at the nearest safe point (such as a garage or driveway). Any subsequent manual handling required to move the products into the home will be billed to you.
7.2 On-Site Storage and Delayed Installation
If your site is not ready for installation on the scheduled delivery date, you must notify us at least seven (7) business days in advance. If you fail to notify us, or if we must store your fully manufactured custom cabinets in our warehouse due to your site delays, we reserve the right to charge a weekly storage fee to cover warehousing space and handling costs. Risk of loss or damage to the goods passes entirely to the client once the products are delivered to the site, regardless of whether installation has commenced.
8. Installation Standards and Tolerances
Our installation team operates to the highest standards of the cabinetmaking industry. However, custom onsite joinery is subject to natural building tolerances.
8.1 Industry Standard Tolerances
We manufacture and install joinery in accordance with the Guide to Standards and Tolerances. Minor gaps between cabinetry panels and plaster walls are normal due to the uneven nature of household walls. We utilize scribe pieces, bulkheads, and shadow-line gaps to mask these structural variations beautifully. A gap of 2-3mm along a wall scribe or ceiling line is standard and is not considered a defect.
8.2 Appliance Integration
We will cut openings for sinks, cooktops, taps, and integrated appliances strictly based on the manufacturer’s specification sheets provided by you. It is your responsibility to supply accurate specification sheets for all appliances (including ovens, rangehoods, dishwashers, and fridges) prior to our manufacturing phase. If you change appliance models after production has started, or if the actual physical appliances do not match the spec sheets provided, any modifications needed to accommodate them will be charged as a variation.
9. Warranties, Exclusions, and Consumer Protection
Our commitment to quality is backed by robust structural and hardware warranties, giving you long-term peace of mind in your investment.
9.1 Hardware Lifetime Warranties
We source premium hardware systems, including drawer runners, soft-close hinges, pull-out pantries, and lift systems from top-tier brands (such as Blum or Hettich). These hardware components are backed by the respective manufacturer’s lifetime warranties. We will facilitate warranty claims for any defective hardware mechanisms, but we are not responsible for labor costs involved in replacing hardware that fails due to wear and tear or excessive load capacity violations.
9.2 Cabinet Structural Warranty
Elite Cabinetry provides a seven (7) year structural warranty on the cabinet carcases and door panels manufactured in our facility. This warranty covers major defects in materials and manufacturing craftsmanship that affect the structural integrity of your kitchen. The warranty does not cover:
- Normal wear and tear, surface scratches, minor dents, or gradual fading due to age and light exposure.
- Damage caused by water leaks, plumbing failures, high humidity, or lack of proper ventilation in wet areas.
- Damage caused by physical abuse, overloading of shelves and drawers, or cleaning with abrasive chemical agents.
- Cabinetry installed in commercial, outdoor, or semi-outdoor spaces, unless explicitly specified in writing.
9.3 Australian Consumer Law (ACL)
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
- To cancel your service contract with us; and
- To a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion.
10. Variations, Cancellations, and Returns Policy
Because every kitchen we build is fully customized to your specific architectural layout and personal taste, our policies on changes and cancellations must reflect the bespoke nature of our products.
10.1 Variation Requests
Any changes, additions, or deletions you request after signing off on the final shop drawings are classified as "Variations." All variations must be documented in writing, detailing the cost adjustment and potential impacts on the project timeline. We will not proceed with any variation work until you have signed the Variation Order and paid any associated fees. We cannot guarantee that late variation requests can be accommodated if materials have already been cut or special finishes applied.
10.2 Order Cancellations
Should you choose to cancel your contract with us, you must notify us in writing immediately. The financial terms of cancellation are structured based on the phase of the project at the time of your cancellation notice:
- Prior to Shop Drawing Sign-off: Your 10% deposit is retained to cover our design, administrative, and initial consultation costs.
- After Shop Drawing Sign-off, but Prior to Manufacturing: You are liable for the 10% deposit plus any costs incurred by us for specialized materials ordered specifically for your project that cannot be returned or repurposed.
- During or After Manufacturing: Once cutting of timber or panels has commenced, you are liable for the full value of the contract. No refunds or cancellations will be accepted.
10.3 Non-Returnable Custom Goods
As all our products are custom manufactured to unique dimensions, we do not accept returns or offer refunds for "change of mind" once the products have been manufactured or delivered. This policy is strictly maintained because custom-made cabinetry cannot be resold or re-installed in another home.
11. Intellectual Property and Creative Content
The design journey involves significant creative input from our professional team. Protecting our intellectual and visual property is crucial to maintaining the uniqueness of Elite Cabinetry designs.
11.1 Ownership of Designs
All conceptual sketches, 3D renderings, structural layouts, and technical shop drawings produced by Elite Cabinetry remain our exclusive intellectual property. We grant you a limited, non-exclusive license to use these designs solely for the purpose of executing the project with us. You are strictly prohibited from distributing, copying, or providing our drawings to third-party manufacturers, builders, or competitor joinery shops to obtain alternative quotes or reproduction of our work.
11.2 Photography and Promotional Rights
We take great pride in our completed projects. You grant Elite Cabinetry the right to take photographs and video footage of your completed kitchen interior before, during, and after installation. We may use these high-quality images and videos for marketing, promotional campaigns, social media, portfolio displays, and website content. We respect your privacy and will never disclose your full name, exact street address, or personal contact details in any public marketing materials without your prior consent.
12. Limitation of Liability
To the maximum extent permitted by applicable law, Elite Cabinetry shall not be liable to you or any third party for any indirect, incidental, consequential, special, or punitive damages arising out of or in connection with our products or services. This includes, without limitation, loss of use of your kitchen, cost of temporary cooking arrangements, loss of profits, or delays in construction schedules. Our total aggregate liability under any contract, whether in contract, tort (including negligence), or otherwise, shall be strictly limited to the actual dollar amount paid by you to us for the specific products or services giving rise to the claim.
13. Dispute Resolution and Governing Law
We aim to resolve any concerns or disagreements through professional, amicable discussions. However, if a dispute cannot be resolved directly, the following structured process will apply:
In the event of a dispute regarding quality, timelines, variations, or payments, both parties agree to first meet in good faith to discuss and attempt to resolve the issue. If the dispute remains unresolved after fourteen (14) business days of direct negotiations, either party may refer the dispute to mediation before taking further legal action. The costs of mediation shall be shared equally between the parties.
These Terms of Service, and the contract to which they apply, shall be governed by and construed in accordance with the laws of Western Australia. Both parties submit to the exclusive jurisdiction of the courts of Western Australia and any courts competent to hear appeals from those courts.
14. Force Majeure
Elite Cabinetry shall not be held liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms of Service that is caused by events outside our reasonable control (a "Force Majeure Event"). A Force Majeure Event includes, but is not limited to, acts of God, extreme weather, floods, fires, natural disasters, global pandemics, supply chain disruptions, industrial action, strikes, port delays, power grid failures, government-mandated lockdowns, or unexpected shortages of raw materials in the domestic or international market. If a Force Majeure Event occurs, our performance timelines will be extended for the duration of the event, and we will communicate any necessary adjustments with you in a timely manner.
15. Severability and Entire Agreement
If any provision or clause of these Terms of Service is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be severed from the agreement, and the remaining provisions of these terms shall continue in full force and effect.
This document, along with your approved quote and signed shop drawings, represents the entire agreement between you and Elite Cabinetry regarding the specified project. It supersedes all prior discussions, emails, verbal agreements, or promotional representations made by our staff.
16. Updates to These Terms
We reserve the right to update, modify, or replace any part of these Terms of Service at our discretion. Any updates will be posted on our official website, and the modified terms will apply to any new quotes, contracts, or orders initiated after the date of publication. It is your responsibility to review our terms periodically for changes.
If you have any questions, clarifications, or require further details regarding our terms, please reach out to our customer service team using the contact channels provided below.
Elite Cabinetry
Address: 7 Castlemore Mews, Ballajura WA 6066, Australia
Hotline: 0061416988655
Phone: 0061416988655
Email: sales@elitecabinetry.com.au
Website: https://elitecabinetry.com.au/