Terms & Conditions
1. Contract, Working Drawings, Material & Colour Specifications
The total works to be performed are documented in the contract documents which include project drawings and sketches, material specification, colour selection and the contract. The project will be completed in accordance with these documents and any item not specified in this documentation will not be included.
It is the responsibility of the client to ensure that all details in the contract, material specification & colour selection documentation are correct. Breakwater Kitchens will take no responsibility for any verbal discussions or instructions. Any changes must be in writing and will be acknowledged in writing by Breakwater Kitchens. Any cost variation arising out of changes will be documented and sent to the client for approval prior to the change being made.
Client initiated variations may incur a variation processing fee. This fee may vary depending on the work involved in the variation and the timing of the variation. If variations are made prior to finalising the project specification documentation then no fee will be charged. Once documentation is completed and final contract and design sign off is completed any further changes will incur a fee. This fee will be varied on a sliding scale depending on the changes required. For example, if new drawings or if alterations to an existing drawing is required a fee of between $100 and $300 will be charged depending on the work involved.
If there is a change to materials after they have been ordered a fee maybe incurred based on any penalties the supplier passes on to us.
2. Payment Terms
When approval to proceed with a project is given a booking deposit of 10% is paid. Following the preparation of the job and the final specification and contract price the payment terms are as follows:
The first payment is a Job Deposit of 50% of the total price minus the 10% booking fee already paid. This payment is due on signing of the contract. The second payment is a 40% Progress Payment which becomes due after the client’s progress appointment in the factory scheduled when the joinery project is ready to view. This payment must be received prior to installation of the project. The 3rd and final payment is due after installation of the project and is the final 10% of the contract price or adjusted balance. The adjusted balance may include any additional inclusions or changes made after the contract signing, any additional unforeseen trades costs incurred and any other amounts outstanding. Any changes to the contract price will be documented on a post contract variation and presented to the client for sign off at the time the variation is requested (further information on Variations is available in Section 3 of this document)
The final payment is due within 7 days of invoice issue date and cannot be withheld due to any ongoing additional work or minor completions. All work is guaranteed under our warranties and does not afford the withholding of monies due. Failure to pay the final payment on time will result in additional administrative fees being added to the final account. Further information on our warranties is detailed in Section 9 of this document.
Variations are changes to the project specification including materials, colours, layout or measurements that affect the original agreed scope of the project. Costs associated with a variation will vary depending on the change requested. Clients must provide any variation requests in writing. Breakwater Kitchens will then provide in writing a post contract variation form detailing any price adjustment for the client to review and approve prior to the changes being made. Any price adjustment made through a post contract variation will be added to the final invoice. This includes both price increases and decreases. Where written confirmations is impractical i.e. during installation, a verbal contract can be made and confirmed via text message/email to the Project Manager or Office staff for any variations necessary to continue with progress.
4. Material Cost Increases
From time to time our manufacturers increase the cost of materials requiring us to make adjustments to our pricing structure. If a change occurs within the 30 day price fix period on the original proposal then Breakwater Kitchens will absorb all price increases. If the 30 day period on the acceptance of the proposal is lapsed Breakwater Kitchens reserves the right to adjust the pricing to meet the manufacturers increase. Any increase will be documented in writing and submitted to the client for approval prior to the job progressing.
Client Provision of Trades
Breakwater Kitchens are able to provide a flexible working relationship around the provision of trades required on a project. If clients would like to provide their own trades Breakwater Kitchens are happy to work with them on the project. Clients that organise their own trades are responsible for the project management of those trades. Breakwater Kitchens is unable to take any responsibility for the co-ordination of the client’s trades or time delays or other changes that may cause cost increases from your trades.
Breakwater Kitchens Provision of Trades
If preferred by the client, we are able to provide all trades required for projects. Our team would then fully project manage the job including the booking of trades, provision of scope of works, co-coordinating changes to work schedules and provision of any required compliance certificates.
When we supply the provision of trades an expected scope of work and cost estimate is prepared and included in the contract price and job specification. From time to time unforeseen additional work may be required to properly complete the job or ensure industry regulations are met. Trades will notify us of any work required outside of the initial scope of work and we will contact the client for approval to proceed prior to completing the work. Any additional costs associated with this work will be added to the final invoice.
Electrical & Plumbing Work
Where electrical work is required on a project, unless stated in the job specification any work to be done to the switchboard is not included and will incur additional costs.
Rangehood fluing must be done by an electrician or plumber depending on the type of flu solution required. This cost is often difficult to estimate in the initial stages of the project so unless stated in the job specification it will be costed when being installed and costs will be either added to the final invoice or can be paid directly to the tradesman when installed.
Compliance Certificates are required on certain types of electrical and plumbing work. These are provided to clients by the trades when required and are an additional cost. If they are required they will be added to the final invoice from Breakwater Kitchens or can be paid directly to the relevant trade.
6. External Products
If a client requires us to purchase external products (not included in the job specification) and fit on their behalf as part of the project it will be billed as cost + margin to cover the project management and administration work required. This price will be documented in writing and sent for approval to the client prior to ordering.
7. Site Access
Clear and safe site access is required during business hours by Breakwater Kitchens and any required trades. If access is only available outside of our business hours additional costs to cover staff overtime may be incurred. Any costs associated with this will be documented in writing and sent to the client for approval prior to work going ahead.
All goods remain the property of Breakwater kitchens until fully paid.
Breakwater Kitchens is a Registered Building Practitioner and a member of the Cabinet Makers Association. We provide a 7 year warranty on our workmanship and have a process in place to manage any warranty issues or repair requirements. The products used have varying warranties from the manufacturers ranging from 7, 10 and 15 year warranties to full life time warranties on many products. Warranties are provided that the materials and workmanship is free from defect –standard wear and tear is not covered in warranties. Full warranty and product care & maintenance information, based on the products used in your project, is provided in the client pack sent out following completion of the project including receipt of final payments received.
10. Pre installation checklist
It is the obligation of the client to ensure that all below points are completed prior to installation, unless prior consultation with Breakwater Kitchens
- All cupboards are to be emptied
- If maintaining your current white goods or obtaining a new ones, they will need to be moved, by the client, to a suitable location out of kitchen area. See Disclaimer below.
- Any other necessary appliances are to be moved to a suitable location outside the working area.
- Notification of your intended floor coverings
- If you are keeping your current kitchen, prior written notice must be provided to Breakwater Kitchens
- We must have clear passage and access to the working area
- If you would like to keep any current fixtures i.e sink, oven - prior written notice must be provided to Breakwater Kitchens
We take every reasonable action to ensure that you flooring coverings are protected at all times during the installation process. We provide drop sheets to cover existing flooring to the best of our discretion. It is the client’s responsibility to check our coverings are adequate, and if deemed in adequate, provide additional coverings. An inspection of any flooring will be carried out by the Project Manager, prior to any demolition and installation works being carried out.
In the event that problems with power supply, water supply, drainage or any other issues which may indirectly occur or coincide with Breakwater Kitchens installation, Breakwater Kitchens does not accept responsibility for such occurrences and you, the client acknowledge that any expenditure required to rectify such problems is at your expense. You agree that you cannot make a claim against Breakwater Kitchens or any employee of Breakwater Kitchens.
If we cause loss or damage to premises or property as a result of our negligence or breach of contract, our liability shall be limited to making good the damaged area only.
If we cause damage as a result of moving goods under your instruction, and where moving the goods in the manner instructed is likely to cause damage, we shall not be liable.
However, in the unlikely event that, any white goods or furniture needs to removed or shifted by Breakwater Kitchens, we take no responsibility for any unfortunate damage that may occur during that process.
Upon the discovery of Asbestos in your home, we at Breakwater Kitchens, stop work, notify yourself of the potential discovery and get an external organisation to assess, test and determine the presence of Asbestos. This cost is at your expense and any removal cost are quoted, confirmed and signed prior to removal. It is law that any asbestos product be removed during renovations.
13. Switch board upgrades
At the time of demolition, an electrical contractor will determine if your current power supply is sufficient to safely run your new appliances. At this time, a switch board upgrade may be necessary. Our electrical representative will determine the additional cost and a variation will be needed to be completed and signed prior to this work being carried out.
Prior to installation, our Project Manager will provide a scope of works as to when we believe and have scheduled in trades etc. This is a guideline and although we do our upmost to keep as best to this schedule, at times unforeseen circumstances do arise that may affect this timeline. On average a full kitchen removal/install will take up to 2 weeks to complete. This can be extended by factors such as building works, flooring, services alterations etc
15. Client point of contact
With past experience, we have found that it is necessary to have One (1) point of contact after the initial contract is signed. This saves confusion for both parties as we are only asking question to one person instead of multiply and getting varied answers.